TERMS & CONDITIONS
We are Taylor Walton (NW) Limited, a company registered in England under Company Number 07608742. You can find everything you need to know about us and our services on our website (www.taylor-walton.com).
You can contact us:
- in writing at 7 Portal Business Park, Eaton Lane, Tarporley, Cheshire, CW6 9DL
- by email at info@taylor-walton.com
- by telephone on 01606 272026
1. Definitions
1.1 “Agreement” means the Authority to Act and these Terms of Business.
1.2 “Apparatus” includes all plant belonging to or under the control or direction of the Electricity Company including without limitation power lines, pylons, poles and transmission and/or meter equipment.
1.3 “Authority to Act” means the authority in writing from the Client or their agent instructing TW to pursue the Client’s claim for Payment, in the form of a written, signed document, or an electronically signed document via our website.
1.4 “Client/You” means the person issuing the Authority to Act or on whose behalf it is issued.
1.5 “Electricity Company” means the owner of or the person with the right to use/control the use of the Apparatus.
1.6 “the TW Fee” means the sum payable to TW under the Agreement.
1.7 “TW” means Taylor Walton Limited, registered in England and Wales under company number 07608742.
1.8 “Property” means the property or properties where the Apparatus is located together with any other property of the Client (whether referred to in the Authority to Act or not) which forms the subject matter of any claim for Payment at the request of the Client.
1.9 “Services” means those services provided by TW in assisting the Client in the formulation of a claim for the Payment and dealing with negotiations with the Electricity Company with a view to obtaining the Payment, but excluding all or any costs incurred by TW in connection with the pursuit of any claim or prospective claim to the Upper Tribunal (Lands Chamber) or such other Tribunal or Court that has jurisdiction in the event the Payment cannot be agreed between the Electricity Company and the Client.
1.10 Payment means that sum paid or payable by the Electricity Company granting the Electricity Company permission to retain, use, renew, repair, inspect or remove Apparatus over or near the Property following the conclusion or any agreement between the Client and the Electricity Company (whether verbal or written or whether finally concluded by TW or any other party, including the Client).
1.11 “Surveyor’s Fee” shall mean that sum that is paid or would be payable by the Electricity Company either as a matter of law or convention in addition to the Payment on settlement of any claim. (This is often referred to a scale fee called Ryde’s Scale).
1.12 “Data Protection Legislation” means the Data Protection Act 2018 and the General Data Protection Regulation 2016 which apply to personal and special category data.
2. Basis of the Contract Between Us
2.1 You may appoint us to provide the Services by completing an Authority to Act available on our website or in the form of a written, signed document.
2.2 Once we have received your completed Authority to Act, a contract is formed. If we cannot accept an Authority to Act, for any reason, we let you know as soon as possible.
2.3 Our appointment is on a Sole Agency basis, which means that you do not have the right to undertake the Services yourself or appoint anyone else to provide the Services for you. Monies due to us under this Contract will be due even if you obtain Payment yourself or instruct a third party to provide the Services on your behalf.
3. Our Obligations to You
3.1 We agree to undertake the Services with reasonable care and skill and on the terms of this Agreement which shall apply to the exclusion of any other terms and conditions (save for any terms which by law cannot be lawfully excluded or varied) unless we agree this in writing with you.
3.2 Subject to your satisfying your obligations below, we will use our reasonable endeavours to secure a Payment within a reasonable period, but TW gives no promise as to timescales for completion of such process which will depend on the facts and circumstances of each case.
3.3 Any information provided to us throughout our business relationship will be held securely and only transferred to approved Third Parties related to your case with your permission.
3.4 We are not responsible for delays outside our control.
4. Your Obligation to Us
You warrant and represent that:
4.1 The property owner named on the Authority to Act is the legal and beneficial owner of the Property and, where the Property is owned by more than one person, you have the authority of all legal and beneficial owners to act on their behalf.
4.2 Where the Authority to Act is signed by an agent such person has the full authority of the legal and beneficial owners of the Property to act as their agent.
4.3 All information provided to us is complete and accurate and will promptly inform us of any changes to such information.
You undertake:
4.4 To co-operate with us in relation to the Services including promptly providing any information reasonably requested by us or which is relevant to the provision of the Services and informing us as soon as reasonably practicable of any changes in such information.
4.5 To immediately inform us if you decide to sell the Property or market the Property for sale.
4.6 If an agent signs this Agreement on your behalf, he confirms that he is duly authorised to bind you to the terms of the Agreement and to indemnify TW against all losses, costs, damages, and liabilities arising in the event he or she has no such actual authority.
4.7 You agree to pay the TW Fee as soon as you have received the Payment or any instalment thereof, (but you do not have to pay us more than the amount of any instalment you receive). TW shall be entitled to retain the Surveyor’s Fee in addition to the TW Fee and in the event payment of the Surveyor’s Fee is made direct by the Electricity Company to you, you agree to account to TW for such fee.
5. Termination
5.1 You have a legal right to change your mind about appointing us to provide the Services providing you let us know no later than 14 days after the date you sign (or e-sign) our Authority to Act. To let us know you want to change your mind, contact us using the details above.
5.2 Under the Consumer Rights Act 2015 you can end the Contract at any time where we have failed to comply with our obligations to you including where the Services have not been provided with reasonable skill and care providing you have asked us to comply with our obligations and have allowed us a reasonable time to do so.
5.3 Unless you terminate this Agreement under Clause 5.2, it only ends when all monies due to us have been paid.
5.4 In the event that you terminate this Agreement in circumstances where you are not entitled to, we can claim damages against you for breach of contract. These will include a claim for the Fee and the Surveyor’s Fee.
6. Limitations of our legal liability to you
6.1 Our liability to you for any breach of this Agreement or negligence shall be limited to the amount of the Payment and we are not responsible for losses caused by your fault or events which we could not have foreseen or prevented even if we had taken all reasonable care. TW do not however seek to exclude or limit our liability for:
6.1.1 Death or personal injury caused by TW’s negligence.
6.1.2 Fraudulent representation.
6.1.3 Any breach of the terms implied by law by a reason of you being a consumer.
6.2 In the event of there being events outside TW’s control (such as riots, terrorist attacks, natural disasters or failure of public or private telecommunications networks) then we will notify you as soon as reasonably possible and our obligations under this Agreement shall be suspended until we are able to continue performing them.
7. Assignment
We reserve the right to transfer our rights under the provisions of this Agreement without your agreement but will give as much notice as practicable if we do so. You agree not to transfer your rights under this Agreement without TW’s prior written consent, but we will agree to this where this is reasonable, for example if you are selling your property and wish to transfer the benefit of any claim for a Payment.
8. Governing Law
The Agreement is subject to English law (save insofar as it may be overridden by any laws applicable under the relevant conflict of laws rules which apply in the country in which the Apparatus is situated) and you and TW both agree to submit to the non-exclusive jurisdiction of the English Courts to resolve all or any disputes arising between us. You and TW both agree however to seek to use all reasonable efforts to resolve any dispute by agreement if possible before instituting any legal proceedings.
9. Complaints
We aim at all times to provide you with an efficient and professional service throughout our engagement. If at any time however you feel that our services have fallen below the standards you are entitled to expect please contact our Managing Director, Mr Simon Walton who can be contacted at 7 Portal Business Park, Eaton Lane, Tarporley, Cheshire, CW6 9DL. He will then investigate your complaint thoroughly and provide you with a written response to your complaint within 21 days from receipt of your complaint.