TERMS AND CONDITIONS
This document sets out the Terms of Engagement for the appointment of Eco Planet Solutions, a (the Company) to act on your behalf in all aspects of the recovery of, compensation, remedial action and refunds due and payable for the defective installation of Cavity Wall Insulation (CWI).
- What the Company will do for the Client:
- a) The Company will assess the condition of the property and consider if the installation of the Cavity Wall Insulation (CWI) has caused the problems, if there is a potential claim will instruct a specialist solicitor to take the case forward who following your instruction will appoint a Chartered surveyor to confirm our findings.
- b) The Company will instruct remedial action by expert operators to take place to the Clients property once the settlement of the claim has been agreed. Including the removal of defective (CWI) and any other property defects that have arisen from the claim, including re-plastering, decorating.
- d) The Company will endeavour at all times to provide the Client with the professional and dedicated service that they deserve. The Company will use all reasonable skill and care in processing the claim.
- e) The Company will always act in the Client’s best interests in pursuing the claim and obtaining the best results.
- What the Company will NOT do for the Client:
- a) The Company will NOT advise the Client to pursue a claim that in the Company’s opinion has no realistic chance of success.
- b) The Company will NOT give or offer the Client financial advice.
- c) The Company will NOT offer Legal Advice directly in the event of the Client’s claim going to the court stage. The Company will guide and assist the client as far as the Company can and refer the Client to our panel of Solicitors for direct legal assistance.
d). The Company will not make any false promises as to how long the claim will take to complete.
- What the Company expect from the Client:
- a) To provide the Company and their solicitors promptly with all relevant information and items the Company requests.
- b) To provide the Company and their solicitors with clear instructions.
- c) To cooperate with the Company including sending to the Company and their solicitors any relevant correspondence that the Client receives.
- d) Not to provide misleading information to the Company or their solicitors.
- e) THE CLIENT MUST NOT SIGN ANY INDEMNITY AGREEMENTS THAT AN INSTALLER MAY REQUEST, IF THEY VISIT.
- f) To provide the Company with the exclusive authority for the duration of the contract:
- To pursue the Client’s claim using solicitors and surveyors of their choice;
ii. To instruct specialists if required to progress the claim, specialist operators to remove the defective (CWI) and any other professional to complete the remedial action that is required.
- g) If in the unlikely event that the payment is made to the Company, the Client instructs the Company to deduct all monies except for that offered as personal compensation, before property repairs are undertaken.
- To receive, bank and give valid receipt for payment, pursuant to this Agreement before sending the balance to the Client.
- h) If the payment is made to the Client, the Client is to pay the Company within 7 days all costs agreed pursuant to this Terms of Engagement before property repairs are undertaken.
- Immediately inform the Company if the Client is paid directly;
- i) The Company is entitled to engage in Civil Proceedings in order to recover the costs, in the event that the client is paid directly without satisfying the Company’s costs as detailed in the Terms of Engagement or the costs incurred by the Company as shown in 5a;
- Assign his/her/their entitlement to any recovered and/or recoverable money to the Company; the Company will invoice the Client for the costs which will become immediately due and payable by the Client to the Company.
- j) To read our Terms of Engagement and to sign to say that the Client has understood and agreed to them.
- k) To retain a copy of the Terms of Engagement for reference.
- The Company’s Fees:
- a) Will be recovered from the solicitor who is acting for the complainant.
- b) A commission may be paid by the operators who we arrange to make good any property repairs. Any remedial work completed will be the responsibility of the operator and not the Company.
- a) Whilst the Company strives to offer the best service possible, if the Client would like to complain for any reason whatsoever, the Complaints Handling Procedures are as follows, contact in the first instance should be to:- firstname.lastname@example.org