1. In these terms & conditions the following definitions shall apply:
    "the Company" shall mean BDA Resource Ltd t/a BDA International.
    "the Client" shall mean the person, Partnership, firm, company or other organisation mentioned overleaf who instruct the Company to carry out the Work           
    "the Work" shall mean the services to be provided by the Company and referred to overleaf
    "the Conditions" shall mean the standard terms and conditions appearing below together with those specific conditions set out overleaf.

  2. It is agreed and declared that the Conditions are all the terms & conditions agreed between the Company and the Client and the Company has given no warranty (oral or otherwise) except as expressly stated herein.  No agreement shall exist between the parties until the Company has accepted the Client's instructions and instructions are only accepted on the Conditions.

  3. The Client shall be deemed to contract as principal unless the Client discloses in writing both the fact that he is acting as an agent and the identity of the principal before acceptance of the instructions by the Company.  The Client shall remain liable under this agreement unless the Company shall agree otherwise in writing.

  4. All instructions will be conducted by The Company in accordance with the guidelines laid down by the Data Protection Act 1998.

  5. The Company reserves the right to charge Value Added Tax where applicable at the current rate whether or not such Value Added Tax is included in the Client’s instructions.

  6. All Work carried out on behalf of the Client at their request shall be charged to and paid for by the Client.

  7. The Client shall pay the Company the cost of the Work as set out in the Company's invoice.  Such payment shall be made upon delivery of the Company's invoice to the Client.  The Company reserves the right to vary terms of payment without notice.  Receipts for payments will be issued on request.

  8. If payment of the account is not made on the due date or within fourteen days thereafter then the balance of all outstanding monies due to the Company in favour of the Client shall become due and payable immediately together with any costs of collection.  Any proceedings arising out of these terms & conditions of business shall be held at the Blackpool County Court, Lancashire or the High Court, Blackpool District Registry at the discretion of the Company.

  9. The Company shall be entitled to charge interest on all overdue payments at the rate stipulated by Section 69 of the County Courts Act 1984.  Such interest to accrue from the due date of the payment.

  10. In the event of the Company being found liable for any claim made by the Client the maximum liability of the Company shall be equal to the total invoiced value of the Work set out overleaf and, without prejudice to the said limitation of liability all or any liability for consequential or indirect losses however arising shall be excluded.

  11. Any and all property supplied by the Client, its servants or agents to the Company for the purpose of carrying out the Work is supplied at the Clients own risk and the Company shall not be liable for any loss or damage howsoever caused whilst such materials are in transit to or from the Company or whilst they are in storage at the Company's premises. In the event of non-payment by the Client of the invoice relating to the Work the Company shall have the right to retain the aforementioned materials until such times as full settlement has been made.

  12. In the event of :

    a) bankruptcy, winding up, receivership, administration or other form of insolvency of the Client; or

    b) any act or conduct on the part of the Client likely to bring the Company into disrepute

    the Company shall have the right to discontinue the Work and any and all other Works being carried out for the Client and shall be entitled to charge the Client for such Works (whether or not they have been completed).  The Company shall also have the right under the lien reserved in clause 10 hereof to dispose of any and all goods belonging to the Client in the Company's possession by such methods as the Company shall deem appropriate; provided that always the Company has served at least fourteen days notice on the Client, by ordinary first class post, of its intention to carry out this action.

  13. In the event of the Work being governed by and paid for under a certificate of Public Funding from the Legal Services Commission the Client warrants that.

    a) They shall advise the Company in their initial instructions that the matter is funded by the Legal Services Commission.

    b) That on delivery of the Company’s invoice to the Client for the Work (either upon completion of the Work or as an interim payment) the Client will submit forthwith to the appropriate area office a request for payment of said invoice set out on form CCLAIM 4 (or such other form as may be appropriate from time to time) pursuant to the rules laid down by the Legal Services Commission.

    c)That the Client will provide a copy of the aforesaid form CCLIAM 4 (or such other form as has been used by the Client) to the Company upon their reasonable request.

    d) That in the absence of the Client filing the appropriate request for payment of the Company’s invoice with the Legal Services Commission the Client shall be responsible for payment of the Company’s invoice upon the Company’s standard terms as set out herein.

    The Company at its sole discretion reserves the right to refuse any further Work from the Client in the event of any breach or apparent breach of the above Warranties.

  14. The Company may sub-contract any or all of its obligations under this agreement.

  15. Should act of God, war of the Queen's enemies, or Act of Parliament or other Government action, strike action, postal delay, extreme weather conditions, force major, disaster conditions or any other reasons beyond the control of the Company prevail then the Company shall be excused any obligations under any agreement to produce a Work until such times as a normal situation has returned.

  16. These terms and conditions together with any and all other express and/or implied terms of any Agreement between the Company and the Client shall be construed as an English Contract and subject to English Law.

  17. If and insofar as any part or provision of this agreement is or becomes void or unenforceable it shall be deemed not to be or never to have been or formed part of this agreement and the remaining provisions of this agreement shall remain in full force and effect.

  18. Time shall not be of the essence as regards the completion of the Work unless specified by the Client and agreed by The Company.

  19. All correspondence, notices or other documents shall be deemed properly sent to the Client at the Address given overleaf and to the Company, in accordance with the terms & conditions herein, at 295/297 Church Street, Blackpool, Lancashire FY1 3PJ, England (or such other address as shall be notified to the Client from time to time).

  20. No failure or delay on the part of either party hereto to exercise any rights or remedy under this agreement shall be construed or operate as a waiver thereof nor shall any party's exercise of any right or remedy preclude the further exercise of such right or remedy as the case may be.

  21. In these terms and conditions words importing one gender shall be construed as importing any other gender and words importing the singular will be construed as importing the plural and vice versa.