PRIVATE AND CONFIDENTIAL
Thank you for indicating that you wish to instruct Expert Attorney (EA) with regards to the above named matter. Our terms and conditions detail how we will undertake the work and the fees that will be incurred on each case:
1. The work to be carried out:
a. As identified on each case “(the Works”)
For the avoidance of doubt, EA does not provide any legal services or advice in respect of the said Works.
2. The Fee for the said Works will be estimated on each case, the said fee being payable within 30 days of the date of the invoice. For the avoidance of doubt, the said Fee is inclusive of EA’s fee and the entire cost of instructing a third-party contractor or carrying out the work in-house to carry out the Works in accordance with clause 3 below (subject only to any agreed variation or addition to the Works).
In the event that the said Fee (whether in whole or in part) is not paid within 30 days of the date of the invoice, EA has the right to charge interest on any outstanding sum at the rate of LIBOR + 5% pa.
3. The said Works will be undertaken in-house or where appropriate by a third-party contractor (the Instructed Party) instructed by EA. For the avoidance of doubt, EA will have an on-going responsibility to the Client in respect of the Works provided in respect of any omission to or non-trivial defects in the Works reported to us in writing, including but not limited to any failure to complete the said Works (or parts thereof) to a reasonable standard.
4. The Client will ensure that access will be provided to the Property either for the duration of the Contract Period or any agreed additional Access Dates (as the case may be). In the event that access is not provided to the Property in accordance with this Letter of Instruction the Client will be liable to indemnify EA against any and all costs, loss, damage or expenses incurred by EA that arise directly from the failure to provide such access. Save that the Client will not be liable if the failure is as a result of an event of force majeure including acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities or one or more acts of terrorism or failure of energy sources.
5. The Client warrants that the Property is reasonably safe for the purposes of carrying out the Works and accepts without qualification any and all liability arising from a breach of this warranty howsoever the breach arises (save for circumstances where the Instructed Party has itself by any act or omission caused the Property to become unsafe).
6. EA hereby warrants that the Instructed Party pursuant to clause 3 is able to offer and carry out the Works set out in clause 1 above to a standard reasonably to be expected for such services.
7. The Client shall not communicate with or give (or purport to give) instructions directly to the Instructed Party, or, take any steps that would materially impact on the Instructed Party’s ability to carry out all or any part of the Works within the Contract Period. In the event that there is a material breach of this term, the agreement between the parties as set out in this Letter of Instruction may be terminated by EA forthwith and the fee retained. Any and all communication shall be directly with a Director of EA.
8. EA has the right to inspect the Works carried out by the Instructed Party at the said Property upon request during the Contract Period (such request not to be unreasonably refused) and thereafter upon written notification of any omission to or non-trivial defect in the said works.
9. Where EA becomes aware, in its reasonable opinion, of matters amounting to omissions to the Works or non-trivial defects in the Works or that the Works have not been carried out to a reasonable standard it will arrange for those omissions or defects or unsatisfactory works (as the case may be) to be remedied as soon as reasonably practical thereafter without further charge to the Client.
10. In the event that any particular individual item of property to be removed and / or transported by EA (including but not limited to the removal and/or transportation of such property to an auction house or other place for its sale or disposal or delivery to any other third party) as part of the Works under this agreement has (or would reasonably believed to have) a value of more than £1000 (one thousand pounds) or such items would collectively have (or would reasonably believed to have) a value of more than £5000 (five thousand pounds) then it is the strict responsibility of The Client to inform EA of that fact and arrange for the necessary insurance cover for the property.
11. In the event that the Works undertaken by EA pursuant to this agreement requires EA to sign or agree to the terms of any contract with a third party (including but not limited to auction houses) on the delivery of any client property EA shall sign such contracts solely as the Agent of The Client and not a principle and The Client agrees that EA shall have full and irrevocable authority to sign such agreements as its agent.
12. In the event that the Works undertaken by EA pursuant to this agreement requires EA to sign or agree to the terms of any contract with a third party (including but not limited to arranging funerals) EA shall sign such contracts solely as the agent of The Client and not a principle and The Client agrees that EA shall have full and irrevocable authority to sign such agreements as its agent and shall reimburse EA for any and all costs incurred by EA on behalf of The Client.
13. EA’s liability under this agreement (inclusive of all loss and damage, whether arising in contract or tort or otherwise howsoever incurred, and any and all legal costs and expenses, shall in all circumstances be limited to the sum of £2,000,000 (two million pounds).
14. Any and all variations and/or additions to the Works (all such variations and/or additions to be agreed in writing with EA) will incur an additional fee to that in clause 1 above which will be payable within 30 days of the date of the further invoice.
15. All notices, requests, an other communications made in respect of the Works shall be deemed to have been given upon receipt if made by mail or courier to 26 Salisbury Avenue, Sutton Surrey SM1 2DJ or immediately (on any working day) if made by electronic mail to firstname.lastname@example.org.
16. This Agreement is the complete and exclusive agreement between the parties with respect to the Works, superseding and replacing any and all prior agreements, communications and understandings, written or oral, regarding such subject matter. No changes, modifications or waivers regarding this letter of engagement shall be binding unless in writing and signed by the parties hereto.