Our Terms of Business

DEFINITIONS

Retain under a contract of service or contract for services, whether engaged directly or through a third party and irrespective of whether the engagement is permanent, temporary or for a fixed term

Interest from the payment date, calculated on a daily basis at 4% above the prevailing National Westminster Bank Plc rate or pursuant 
to section 69 of the County Court Act 1984 at 8% per annum, which ever is higher, until full payment is made

      Any potential employee of the Client who is introduced to the
      Client by Garrett Lloyd by any of, but not limited to, the following
       means

a)   Garrett Lloyd supplying to the Client details of the candidate’s curriculum vitae or other details of the candidate’s work and educational history, irrespective of whether the candidate is
named or is partially or incorrectly named

b)   Garrett Lloyd confirming to the Client by oral or written means the identity of the candidate by name, current
employer, employment history or any other means by which
to the identity of the candidate may be derived

“Client” means:
       Any person firm or company whom or to which Garrett Lloyd
       introduces a candidate

      Make aware of, and is irrespective of whether the candidate was
      already known to the Client, or knows of the Client.  The means by
      which the introduction is effected is irrelevant.  An introduction shall
      be deemed to be effective for a period of 12 months from the date
       of last known contact or the date of the last interview.

"Garrett Lloyd" means :-
    Garrett Lloyd Limited,

      whose registered office address is at 81 Burton Road, Derby DE1 1TJ
      and whose operating address is at 39-41 Derwent Business Centre,
      Clarke Street, Derby DE1 2BU

“Search Assignments” means:
       Garrett Lloyd acting proactively in accordance with the Clients
       instructions to identify potentially suitable persons in competitor or
       other companies, and initiate contact with said persons. Said
       persons may or may not be known to either Garrett Lloyd or the
       client, but may, through further research and or questioning, be
       deemed appropriate in meeting the key criteria of the brief as
       specified to Garrett Lloyd by the client and as such may be deemed
       to be a Candidate

“Terms” means:
      These Terms and Conditions of business between Garrett Lloyd
      and the Client.

B. BASIS OF CONTRACT

1. These terms and conditions of business (“terms”) are between Garrett
     Lloyd and any person firm or company to whom or to which the
    Garrett Lloyd introduces a candidate. 

2. These terms shall take effect in their entirety in any contract
     (hereinafter called “Contract”) between Garrett Lloyd and the Client
     (to the exclusion of all other terms and conditions (including any
     terms and conditions which the candidate purports to apply). No
     variation to these terms shall be binding on Garrett Lloyd unless in
     writing and signed by a director of Garrett Lloyd.

3.  The Client agrees that each Contract shall be bound by these terms :-

3.i   Where the Client has already received a copy of these terms, upon
      the Client instructing Garrett Lloyd verbally or in writing to provide
      information regarding or effect an introduction to any candidate or
      potential candidate

3.ii  Where the Client has not previously received a copy of these terms,
      upon receipt of these terms or the introduction of a candidate,
      whichever is the later.

Garrett Lloyd will use its reasonable endeavours to:-

1. Identify one or more candidates for the position the Client wishes to
    fill

2. Conduct an initial assessment of a candidate's suitability on behalf of
    the Client according to the criteria supplied by the Client

4. If required, afford facilities for the Client to interview candidates at
    Garrett Lloyd's premises

5. Notwithstanding the provision of clause C 1- 4 above, Garrett Lloyd
    makes no warranty, either express or implied as to the suitability of 
    any candidate for any position with the Client.  The Client is responsible
    for making its own assessment of candidates’ qualifications,
    employment history, experience and suitability for engagement. In
    addition, the Client is solely responsible for the taking up of references
    concerning a candidate’s skills, qualifications and general integrity,
    obtaining work permits and satisfying any medical requirements or
    qualifications as required by law. Garrett Lloyd can accept no liability of
    any kind for any loss or damage to the property, or for any other loss,
    including without prejudice to the generality of the foregoing loss of
    profits or for any injury to persons arising directly or indirectly from any
    act or omission of any applicant introduced by Garrett Lloyd, even if
    such act or omission is negligent or fraudulent or reveals dishonesty
    save that nothing in these terms shall be taken to exclude liability for
    fraudulent misrepresentation by or on behalf of Garrett Lloyd or for
    death or personal injury arising from any act or omission on the part of
    Garrett Lloyd. 

6 If the candidates' position is terminated by either party within 12
   weeks of the date of commencement, subject to the conditions set
   out in clause 6.ii below, agree to a refund in accordance with the
   following scale of charges:-

6.i  If termination occurs up to 6 weeks from date of commencement,
     refund 100% of the fee, less an administration fee of £500 plus
     VAT. If termination occurs from week 7 up to week 12, refund 
    50% of the fee.

 6.ii. The conditions referred to in clause 6i above are that:

       a)  The Client paid Garrett Lloyd's invoice in full on or before the 

       payment date

       b)  The Client told Garrett Lloyd in writing within 7 days of termination

       of the fact of termination and the reason for it

       c)  The Client gave Garrett Lloyd sole opportunity to identify a suitable

       replacement candidate, and Garrett Lloyd is unable, within one

       month, to identify such a replacement

7.    Garrett Lloyd reserves the right to charge interest on overdue 

       accounts at 4% above base rate of National Westminster Bank Plc 

       or pursuant to Section 69 of the County Court Act 1984 at 8% per

       annum, whichever is higher until full payment is made.

D. ADVERTISMENT 

Where the Client requests Garrett Lloyd to advertise any engagement opportunity with the Client, the following provisions shall apply:

1.  Garrett Lloyd and the Client shall agree in advance the content of any

     advertising copy. The Client is solely responsible for the accuracy of
any information contained in the copy and shall fully and effectually indemnify Garrett Lloyd against all costs, claims, demands, liabilities, expenses, damages or losses (including without limitation

     consequential losses and loss of profit, and all interest, penalties and
 legal and other professional costs and expenses) arising out of any inaccuracy in the copy or any alleged or actual infringement by the advertisement of any third party’s intellectual property rights.

2.  Garrett Lloyd may require payment for the advertisement in full from the Client in advance of placing the advertisement. In all other cases Garrett Lloyd may invoice the Client in full for the cost of the advertisement at any time after receiving the clients confirmation of acceptance of the copy and such invoice shall be payable by the

     Client within 7 days of the invoice date.

3.  If the Client wishes to cancel any advertisement prior to the 

     proposed date of publication, it shall notify Garrett Lloyd to this

     effect in writing, whereupon Garrett Lloyd shall endeavour to effect cancellation with the publisher. Garrett Lloyd accepts no liability whatsoever for any refusal of the publisher to withdraw the proposed advertisement, and the Client shall indemnify Garrett Lloyd for any costs or fees incurred from the publisher in connection with the cancellation of the advertisement.

4.  Garrett Lloyd cannot and does not accept any liability for any inaccuracy of any published advertisement or failure to publish, or publication at any time other than the agreed time where such inaccuracy, failure or publication does not arise from any wilful or negligent act or default by Garrett Lloyd or its employees. In such circumstances, Garrett Lloyd shall, at the expense of the Client, use reasonable endeavours to pursue any remedy against the publisher on behalf of the Client that may be available to Garrett Lloyd.

The Client will:

1.  Tell Garrett Lloyd immediately if the Client engages a candidate and supply to Garrett Lloyd a copy of all letters containing the terms of the engagement.

2    Pay the agreed fee + VAT on or before the payment due date.

3.    In the event that the Client engages a candidate introduced by
       Garrett Lloyd and does not advise Garrett Lloyd, where such an
       engagement is later found, pay, without recourse to the guarantee,
       a penalty fee of £7500+ VAT or a fee calculated in accordance with
       the above scale of charges based on the Candidates known salary
       requirement, whichever is the higher.

5.     In the event that payment is not made on or before the payment
       date, forfeit any discount and pay interest.

6.     Pay any additional costs incurred by Garrett Lloyd for debt collection
       arising as a consequence of late or non-payment of our invoice.

6.    Keep strictly confidential all information given to the Client by 
  Garrett  Lloyd about the candidate. The Client acknowledges that
  all information which is supplied to it relating to any candidate is
  likely to be strictly confidential and may include personal data within

      the meaning of the Data Protection Act 1998. The Client undertakes
  to treat each candidate’s information in the strictest confidence and
  undertakes not to disclose any of it or the identity of the candidate
  to any other person firm or company, except to those principals and
  employees of the Client to whom disclosure is necessary in
  considering and progressing any candidate in connection with any
  proposed engagement by the Client. 

7.    In the event that the Client passes information about the candidate

      to a third party, leading to the engagement of the candidate, to the
  benefit of either the Client or the third party, the Client will pay the
  agreed fee, or the penalty fee as described in clause E3 above,
  whichever is the higher.

8.    Take up all and any references necessary as to the candidate's
  qualifications, capabilities and integrity, medical history and suitability

       for the Client’s requirements.

9.    Obtain any necessary work permit.

1.    The Contract is governed by English law, and any dispute shall be
       decided only in an English court.

2.    Words implying a particular gender shall include all genders and words
       implying the singular shall include the plural and vice versa.

3.    Neither party shall have any liability for failure or delay in the
  performance of any of its obligations under any Contract to the
  extent that such failure or delay is caused by force majeure 
 (meaning war, labour disputes, serious adverse weather, accidents.
  government actions and any matters which are beyond the 
  reasonable control of the party affected).

4.    No variation may be made to these terms without the written agreement of a Director of Garrett Lloyd Limited. 

5.    Where any dispute arises between the parties, the parties shall
  reasonably endeavour to resolve such dispute in good faith. At any
  stage of the dispute, either party may serve on the other written
  notification of the nature of the dispute and request the other to
  appoint a senior executive officer to endeavour to resolve the
  dispute.  Within seven days of receipt of such notification the 
  parties shall procure that a senior executive officer from each party
  shall meet and use their reasonable endeavours to resolve the  
  dispute.

7.    No delay or omission on the part of any party to any Contract in
  exercising any right, power or remedy provided by law or under that
  Contract or any other documents referred to in it shall impair such
  right, power or remedy or operate as a waiver thereof. The single 
  or partial exercise of any right, power or remedy provided by law or
  under any Contract shall not preclude any other or further exercise
   thereof or the exercise of any other right, power or remedy.

7.    A person who is not a party to the contract has no rights under the
  Contracts (Rights of Third Parties) Act 1999 to enforce any term of
  these Conditions but this does not affect any right or remedy of a
  third party which exists or is available apart from that Act).

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