Click here to download a PDF (.pdf file 48kb) copy of these Business Terms.

1 Quality Service:

In all our dealings with our clients we aim to provide a high quality service, to find out what our clients want and achieve it.  We try to work quickly and efficiently, and we hope you find us friendly and approachable. At the end of the transaction we hope you will think our fee represents good value for money.

2 Contacting Us:

We are open from 9am to 5pm, Monday to Friday.  Our telephones are answered from 9am to 5pm, Monday to Friday.  If we are dealing with another business at the time an answering machine service will be operating. If we are closed for a local or statutory holiday or other holidays, you can leave a message on our answering machine. We can be contacted at our office in writing at:

126 Monart Road,

Perth,

We can also be contacted at the main office email on info@david-brewster.com. Please note e-mails have no contractual effect.

3 Contacting You:

We require you to advise us at any time during a transaction if you cannot be contacted for any reason as we may require your instructions to respond within a specified timetable, including but not exclusively to subsidy application deadlines.

4 Instructions:

Instructions may be given to us in writing or verbally.  We may well ask you to confirm in writing the terms of verbal instructions given to us.  If there is any change in your instructions you must notify us immediately. If you wish anyone other than yourself to give us instructions or information, we will require confirmation of this in writing.

5 Conflict of Interest:

In general, we cannot act for two or more parties if they have conflicting interests.  Please advise us at the outset if you are aware of potential conflicts which may arise.  If we decide that we can still act (i.e. if you are one of the exceptions to the general rule) we will confirm this to you in writing.

6 Liability:

Unless we agree otherwise in writing, we shall assume that where we act for more than one person but only one of them tells us what to do, that person for whom we do work is equally responsible for the instructions given to us and for payment of our fees and outlays in connection with that matter.  If you do not understand what this means, please ask us to explain.

7 Private Limited Companies:

If we are given instructions by a private limited company then, unless otherwise agreed with you in advance, it is a condition of our accepting these instructions that the Directors are jointly and severally liable along with the Company for payment of our fees and costs and any interest thereon.

8 Confidentiality:

Information passed to us is kept confidential and will not be disclosed to third parties unless authorised by you or required by law. It should be noted that we have a statutory duty to make a disclosure to the National Criminal Intelligence Service (NCIS) in certain circumstances.

9 Copyright and Third Parties:

All copyright in documents we produce is reserved to us.  Advice given and documents prepared are for your use only and may not be copied or used by any Third party without our express written consent.

10 How Long Will It Take:

The nature of consultancy work, particularly subsidy application work, often makes it difficult to estimate precisely the date of completion.  When we discuss your requirements at the outset we will also discuss timescales.  We do attempt to meet these and always to deal with everything as quickly and efficiently as possible.  Please remember that quite often the speed at which work can be completed is affected by the cooperation we receive from other people out with our control.

11 Fees:

The basis on which we shall charge fees will be agreed and confirmed to you in writing or the unit cost and charges as specified at the time of or soon after the initial consultation.

12 Quotes:

Any quote that may be given with the fee based on our experience of the work you have asked us to do.  If the work turns out to be more complicated than the job as described in the quote we may require to increase our fee to take account of this.  We will inform you as soon as possible about this.  Sometimes we will need confirmation of your ability to fund the transaction, and a deposit may be requested.

13 Deduction of Fees and Outlays at Source:

Where we receive sums which belong to you we shall be entitled to deduct from those sums all outstanding fees and outlays before sending you the balance. If after conclusion of any matter on your behalf, we are left holding nominal funds as a credit on your account we will transfer into your account by bank transfer. Payments made by cheque are not normally economic.

14 Costs paid on your behalf:

Where fees, outlays or expenses are to be paid by us on your behalf, we will endeavour to give you details of these in advance in order that you may place us in funds with us before the sums are due.  If however we are unable to do so, we will require them to be repaid by you within seven days of your receiving a request for payment of the appropriate sum. Please note that we are acting as agents on your behalf and the contractual liability to pay fees or outlays on your behalf is your liability.

15 Outstanding Monies:

You are entitled to change Agricultural Consultants at any time but you are responsible for the fees and any other outstanding payments due to us until the time of change.

16 Payments:

Payment of fees and outlays can be made by cheque or by bank transfer. Terms of payment are 30 days. If payment falls out with the period a charge of 5%, with a minimum of £50, of the balance is added plus interest at the Bank of Scotland Base rate plus 8% APR.

17 Limit of Liability:

For the protection of our clients and ourselves we carry Professional Indemnity Insurance. The aggregate liability of our firm in any circumstance whatsoever, whether in contract, delict, under statute or otherwise, and howsoever caused for any and all damage arising from or in connection with the services provided shall, be limited to the sum of two million pounds (£2M) in relation to each matter. If you have any reason to think that the aforementioned sum is insufficient to cover any foreseeable loss, please raise this immediately with the Consultant dealing with your business.

18 Electronic Communication:

Internet communications are capable of data corruption we do not accept any responsibility for changes made to such communications after their dispatch. For this reason it may be inappropriate to rely on advice contained in an e-mail without obtaining written conformation of it. All risks connected with sending commercially-sensitive information in relation to your business are borne by you and not our responsibility. If you do not accept this risk, you should notify us in writing that e-mail is not an acceptable means of communication.

19 Dissatisfaction:

If for any reason you are unhappy about the quality of service provided, or the amount of our fees, then you should, in the first instance take the matter up with the Consultant with whom you have been dealing.  Alternatively, should you prefer or if you feel your initial approach has not resolved the point, we would invite you to raise the matter with David Brewster. If you are still dissatisfied you are always entitled to take the matter up with your local trading standards office.

20 Agreement of terms:

This letter supersedes any previous engagement letter for the period covered. Once agreed this letter will remain effective from the date of signature until it is replaced. You or we may vary or terminate our authority to act on your behalf at any time without penalty. Notice of variation or termination must be given in writing. We would be grateful if you would confirm your agreement to the terms of this letter by signing and returning the enclosed copy. If the letter is not in accordance with your understanding of the scope of our engagement, please let us know.

Click here to download a PDF of these Business Terms.