Terms & Conditions

Tiger Burrows Limited Contractual Terms and Conditions for Property Consultant and Management Services.

Tiger Burrows Limited is a limited company registered in England and Wales, Registration No. 14366717. Our registered address is Farm House, Bredon Fields Farm, Mill Lane, Strensham, Worcestershire, WR8 9LB. 

Tiger Burrows Limited (“Consultant”) provides Property Consultant and Management services relating to property sourcing and/or renovation and/or maintenance (“Services”).  

Within these terms, “Client” means any person, partnership, or company whose request for the provision of services is accepted by the Consultant for the purposes of these terms and conditions and related contractual undertakings.

These Terms and Conditions, form a legally binding agreement and outline the rights and responsibilities, between the Consultant and the Client, collectively referred to as the "Parties" and supersede any prior agreements, oral or written. These terms and conditions supersede any other terms and conditions appearing elsewhere and shall prevail over and exclude any other terms or conditions stipulated or incorporated or referred to by the Client or his agent or any third party.

Unless otherwise stated in writing by a Director of Tiger Burrows Limited, the acceptance of any proposal/quotation issued by the Consultant and/or engaging the services of the Consultant, the Client engaging their services acknowledges and agrees to these Contractual Terms and Conditions (“Contract”). 

Upon the Client’s instructions, the Consultant may source third parties (“Contractors”) for the Client to instruct and directly contract to carry out the renovation or maintenance work (“Works”). The Contractor is not, nor shall be deemed to be, a representative or associated to the Consultant, nor therefore party to these Terms and Conditions or Contract.

The headings in these conditions shall not affect their construction or interpretation

Property Services for Works 

This contract is solely for Property Consultant and Management services relating to the Services and will be between the Consultant and the Client.

1.1       Both the Consultant and the Client acknowledge that this Contract does not create a 

partnership or joint venture between them. 

1.2      In providing the Services under this Contract, it is expressly agreed that the Consultant is consulting as an independent party and not as, nor representing, the builder undertaking the Works.

1.3      In the case of the Client awarding Works to Contractors introduced by the Consultant, the Consultant will act on behalf of the Client. The contract for the Works shall be agreed directly between the Client and their Contractor. The Consultant shall not be a party to this contract and shall have no obligations or liabilities related to the Contractor's performance, any breach or default by the Contractor.

1.4       Unless specified otherwise, it should be assumed that all quotations and fees are quoted exclusive of VAT.

2. Scope of Services

The Services provided by the Consultant includes property sourcing where the Consultant carries out the Client’s instructions to source an appropriate property and also management of, or a blend of, renovation and/or property maintenance (“Services”). 

Upon the Client’s request, the Consultant may source any third parties (“Contractors”) who are instructed to carry out the Works on the Client’s behalf.

2.1       Property Advice and Sourcing Services

The Consultant will provide a quotation for the Fees associated with their Services. The fee will be outlined in a Proposal Deal Sheet.

This Fee excludes any third-party charges or local authority fees. Additional services carried out by the Consultant will be charged at an hourly rate or as otherwise agreed.

Services will commence upon formal acceptance of the quotation by means of a completed and signed Proposal Deal Sheet.

To include:

2.1.1     Collating, interpreting, and providing Clients with information regarding the property market.

2.1.2    Acting as the Client's agent to view properties, liaise with agents, and to make offers on behalf of the Client as instructed.

2.1.3     Supporting Clients through the process of property purchase.

2.1.4     Advising on and helping to identify any work required on properties to develop the scope 

of works required, including instructing surveys, and gaining quotes.

2.2       Maintenance 

Where the Consultant is asked to source a Contractor to carry out ad hoc Maintenance work by a Client, the Consultant will source and introduce the Client to potential builders available to complete the Works. This Work is separate from any project work the Consultant may have undertaken for a Client and each request will be considered to be a stand-alone service.

When the Client wishes to proceed, they will formally instruct the Consultant, in writing, to commence Work on their behalf. The Consultant will instruct the chosen Contractor. The contract (verbal or written) for the Works being carried out, shall remain solely between the Client and the builder appointed by the Client.

Once instructed, the Consultant will manage the Contractor for the Client for all matters relating to the project, in accordance with these terms, and provide the following Services:

In addition to the above, the scope of Services also includes:

2.2.1     Assisting in obtaining quotes from Contractors and reviewing Contractor cost estimates. Any communication between the Consultant and the Client relating to the estimate(s) provided are on the understanding that the Client accepts that estimates are not fixed price and remains open to any increase in the cost of materials, during the 28-day life of the estimate, which starts at the issue date.

2.2.2     Detailing the scope of works and detailed specifications from the Contractor to the Client.

2.2.3     Schedule of Works tracking and variations, communicating any changes to the Works scope, budget, or schedule as needed to the Client.

2.2.4     Overseeing the delivery time performance of the appointed Contractor, directly addressing any minor non-structural issues that may arise during the works, and consulting with the Client on all significant issues.

2.2.5     The Consultant will ask the Client to sign off on the Works. Any significant changes made after these sign-offs may incur additional fees. Note that such changes might invalidate previous planning or building regulations consents.

2.2.6     The Consultant shall check and manage the Contractor charges to the Client by way of disbursements, in such that the Consultant will pay the Contractor on behalf of the Client and pass on these charges to the Client. The time frames for these charges will be throughout the project unless a phased schedule has been agreed in writing.

2.3.      Property Renovation 

Where the Consultant is asked to manage the renovation of a property, the Consultant may source and introduce the Client to potential independent builders, or work with a contractor of your choice. This Work is separate from any project work the Consultant may have undertaken for a Client and each request will be considered to be a stand-alone service.

When the Client wishes to proceed, they will formally instruct the Consultant, in writing, to commence Work on their behalf. The Consultant will instruct the chosen Contractor. The contract (verbal or written) for the Works being carried out, shall remain solely between the Client and the builder appointed by the Client.

Once instructed, the Consultant will manage the Contractor for the Client for all matters relating to the project, in accordance with these terms.

The scope of consultancy Services will be agreed and detailed in the quote. In addition to the above maintenance services, property renovation Services many also include:

2.3.1     Contractor due diligence, interviewing and evaluating potential Contractors, and assisting the Client in making informed decisions.          

2.3.2     Project tracking, including monitoring the progress of the renovation project to ensure 

adherence to the agreed schedule and budget.

2.3.3     Regular progress reports, detailing the status of the renovation project, highlighting 

milestones achieved and any potential challenges.  Progress may be reported in a 

variety of ways including; written reports, videos, and pictures.

2.3.4     Conference calls as required, facilitating communication between the Client, Consultant, 

and the Contractor to discuss project updates, issues, and decisions.

2.3.5     The Consultant will ask the Client to sign off the Works. Any changes made after these sign-offs will incur additional fees. Note that such changes might invalidate previous planning or building regulations consents.

2.3.6     Digital chat facility to establish a real-time communication channel for prompt updates 

and timely responses to any queries.

2.4       Access

The Client shall ensure that the site is free from obstruction thus allowing the Consultant and the Contractor to deliver their Services.  Any delays in time or financial costs as a direct result will be the responsibility of the Client.

2.5       Completion

The Client shall inspect the work as far as it is reasonably possible to do so immediately upon its completion and if it considers that the work or any part thereof is not in accordance with the contract, it shall within 7 days give detailed written notice thereof. The absence of such notice within the specified 7-day period will invalidate any claim made subsequently. The absence of any such notice, the work shall be conclusively presumed to be free from any defect which would be apparent on reasonable examination. Upon receipt of such notice the Consultant will liaise with the Contractor and where necessary, relay the Client’s instruction to remedy the situation. 

3.         Risk, Liability and Indemnity

3.1       The Client accepts and understands that any investment carries a risk, and understands 

that the property sector is no different.  The Client accepts that any financial information 

provided, especially related to property prices and eventual returns may be liable to change through circumstances beyond the Consultant’s control.

3.2       The Client shall indemnify the Consultant against all actions, suits, claims, demands, losses, charges, costs, and expenses that the Consultant may suffer or incur in connection with a claim by any third party resulting from a breach of the Client’s obligations, undertakings, representations and warranties under this contract.

3.3       Consultant service is characterised as an advisory work service and not a performance obligation. The Consultant has a duty to follow up and consult with the Client on any adaptations the project needs on an ongoing basis but is not responsible for, nor able to directly provide, any professional advice relating to the Works or additional costs that occur from the Contractor for any such changes

3.4       The Client accepts that they enter into this agreement with this full knowledge and that they should undertake their own research / due diligence. If the Client wishes to seek advice from any professional bodies or third parties they do as at their own cost and risk.

3.5       These terms set out the Consultant’s entire liability in respect of the work and the Consultant’s liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities, expressed or implied, in respect of the Works and materials used and the quality thereof.

3.6       The Consultant’s liability will be limited to, and not exceed, the Scope of Consultancy Services set out in the Quotation

3.7       The Consultant will provide the Client with information in line with the service selected. Information provided during Consultancy will be provided to the best of the Consultant’s ability with the information made available to them at the time and in line with their professional indemnity which is limited to £500,000. Information will be gathered from a wide variety of sources and provided in good faith and is designed to provide information to the Client, to be used in line with their own research to enable their own decision-making.

3.8       The Consultant is unable to accept any liability for the accuracy of information provided to them through any third-party data source and absolves themselves from any liability related to losses suffered by the Client in the use of the information.

3.9       No liability is accepted for mistakes and errors in the advice received from any third party, including the Contractor(s), or materials used or provided

3.10     The client understands that they are obligated to verify the accuracy of information provided to them by the Consultant and that in every instance, the decision to proceed (including the choice of Contractor) is made by the Client, having undertaken their own due diligence.

3.11     The Client acknowledges the risk associated with the performance of any contractor, including any losses or additional costs arising from the Contractor's default, which shall be solely borne by the Client. The Consultant does not accept any obligations or liability, financial or otherwise, related to the delivery of Works provided by a Contractor. 

3.12     The Consultant does not accept liability for death or personal injury resulting from negligence in the course of the Contractor carrying out their duties and liability for direct but not consequential loss or damage to the Client’s property resulting from the Contractor negligence or that of his employees, servants or agents

3.13     The Consultant will not be held responsible for any issues with neighboring properties’ movements caused as a result of any Works.     

3.14 The Client acknowledges that they retain responsibility for ensuing that they have appropriate planning consent before instructing the works, and ultimately for ensuring any planning requisites are met. Tiger Burrows Ltd accepts no liability, financial or otherwise, related to any losses caused by the failure of retrospective planning consent being granted.

3.15 The Client understands that the Contractor shall solely be responsible for ensuring the works undertaken will meet the standards of the current building regulations and for identifying when inspection/works sign-offs are required.

4.         Fees and Payments

4.1       Consultancy Services

4.1.1     The Client will pay a fee to the Consultant for their services.  Unless otherwise agreed in writing by a Director of Tiger Burrows Limited, the charge to the Client will be  

a)         Source fees – a fee charged by the Consultant for locating an investment property and providing a proposal for purchase and investment. This fee will be broken into two payments. 10% upon acceptance of the proposal, and the remaining balance of 90% due at the time the property purchase reaches the contract exchange stage.[GC4] 

b)         Maintenance - a minimum of 10%, or £45, whichever is greater, of each invoice cost charged by the Contractor for completion of the Works.

c)         Renovation – a consultancy charge will be charged at 10% of the original estimate or quote over four installments for the duration of the works.  The installments will be 50% upon acceptance, 25% at Phase 2, 15% at Phase 3, and the remaining 10% upon completion.

For additional Works added after the original estimate or quote, a minimum of 10% of each cost charged by the Contractor for additional Works.

4.1.2     Invoices will detail the rate of Value Added Tax (VAT) to the United Kingdom at the time of invoicing, if and when applicable.

4.1.3     Due to the nature of our services we are unable to offer credit terms and we ask for payment upon receipt of invoice.  We do, however, recognise a reasonable period may be required for administration so we will observe a period of 2-3 days for this to be carried out.

4.1.4     The Consulting fee covers all services supplied and expenses incurred by the Consultant within the original Scope of Services. 

4.1.5     The Client will be invoiced £45 per hour, in units of per full hour, for additional management or administrative tasks, requested by the Client that fall outside of the normal Scope of Services.

4.1.6     Project management fees specified in this Contract will remain payable to the Consultant regardless of the costs incurred on the project due to issues that may or may not arise between the Contractor/ Consultant and Client.

4.2       Contractors services

4.2.1     The Consultant will work with the Contractor and agree on a phased schedule of works for the term of the project, introducing a billing timeframe throughout. This will be communicated to and agreed to by the Client.

4.2.2     The Consultant will receive and pass on the charges, relating to each phase, from the Contractor to the Client, as disbursements.

4.2.3     The Client retains responsibility for the payment of services provided by Contractors who were appointed at the Client’s request, to carry out any work in relation to the Works.

4.2.4     Any variations to this method of invoicing and payment shall be made in writing and agreed to, in writing, by all three parties.

4.2.5     Any other financial arrangements, contractual agreements, payments, or disputes between the 

The client and the contractor shall be the Client's sole responsibility.

4.3       Late Payment

The Consultant reserves the right to charge compensation and interest on any late or overdue payments in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 - or any subsequent revisions or replacement thereof - The rate of interest calculated in respect of late payments will be 8% over the base rate of the Bank of England in force from time to time, or where any agreement between the Client and Consultant are not expressly covered by provisions of the Late Payment of Commercial Debts (interest) Act 1998, the Client agrees to pay compensation and interest on overdue sums as if they were a body corporate - and thus obligated by that act.

5.         Accuracy

5.1       The Consultant will provide the Client with information in line with the service selected. Information provided during Consultancy will be provided to the best of the Consultant’s ability with the information made available to them at the time and in line with their professional indemnity which is limited to £500,000. Information will be gathered from a wide variety of sources and provided in good faith and is designed to provide information to the Client, to be used in line with their own research to enable their own decision-making.

5.2       The Consultant is unable to accept any liability for the accuracy of information provided to them through any third-party data source and absolves themselves from any liability related to losses suffered by the Client in the use of the information.

5.3       No liability is accepted for mistakes and errors in the advice or materials provided

5.4       The Client understands that they are obligated to verify the accuracy of information 

provided to them by the Company under this contract, and that in every instance, the 

decision to proceed (including the choice of contractor) is made by the Client, having undertaken their own due diligence.

6. Confidentiality

6.1       Both Parties agree to keep all non-public information shared during the course of the 

engagement confidential and not to disclose such information to any third parties without 

the written consent of the other Party.

7. Termination

7.1       Either Party may terminate the Contract for any reason by providing written notice to 

the other Party. In case of termination, the Client remains responsible for any outstanding 

fees and expenses incurred up to the termination date.  This figure will not exceed the full value of fees and costs for that stage of the project.

7.2       Any fees already paid for Consultancy services completed prior to the termination date will be deemed as accepted by the Client and therefore retained in whole by the Consultant

7.3       Any fees due, whether invoiced or not at the time of termination, will be calculated on a pro rata basis, invoiced to the Client, and paid to the Consultant.

7.4       Any fees or costs incurred in relation to the Works, including, but not limited to disbursements (Contractor fees, materials, permits, and so forth) or any other expenses suffered by the Consultant relating to the Works, shall be reimbursed upon receipt of the Consultants final invoice by the Client and the Client shall make payment for these Works.

8. Amendments

8.1       Any amendments to these terms must be made in writing and signed by both parties.

9. Governing Law

9.1.      These terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles.