Terms of Business – Easements

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 and transmission and/or meter equipment.

1.3 “Authority to Act” means the authority in writing from the client or his agent instructing PCC to negotiate the grant of the Wayleave.

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 PCC surveyors fee” means the sum payable to PCC by the Electricity Company under the Agreement.

1.7 “PCC” means Property Compensation Consultants Limited, registered in England and Wales under company number 6105656.

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 Wayleave granted at the request of the Client.

1.9 “Services” means those services provided by PCC in assisting the Client in negotiating and entering into the Wayleave.

1.10 “Wayleave” means the agreement allowing the Electricity Company to have their Apparatus on, over or under your land.

2. Our Obligations to You

2.1 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.

2.2 Subject to you satisfying your obligations below, we will use our reasonable endeavours to secure a new Wayleave within a reasonable period, but PCC gives no promise as to timescales for completion of such process which will depend on the facts and circumstances of each case.

3. Your Obligation to Us

3.1 You agree that no variation to the Agreement shall be binding unless agreed in writing with you by an authorised representative of PCC.

3.2 You agree that all relevant information you will be provided to PCC within a reasonable period from our request and that the information you give us is true and correct to the best of your knowledge and tell us as soon as possible if any such information is no longer correct.

3.3 You promise that you/the person(s) named in the Authority to Act are the beneficial owner(s) of the property and if the property is owned with someone else you have their permission to enter into this Agreement on their behalf.

3.4 You will tell us immediately of any changes to your circumstances or the ownership of the Property.

3.5 Once PCC Ltd has been instructed, you will not instruct another agent to act on your behalf in relation to the grant of a Wayleave at your Property unless we have failed to fulfil our obligations to you in accordance with clause 2 and/or you have terminated this Agreement in accordance with clause 4.

4. Termination

4.1 If the Electricity Company proves that no entitlement to a Wayleave exists, then PCC will be entitled to cancel this Agreement upon 30 days’ written notice to you.

4.2 You may terminate this Agreement by 30 days’ written notice to us in circumstances where we have substantially failed to comply with our obligations to you under this Agreement, provided you also give us written notice to rectify any such fault within 28 days and we have failed to do so.

4.3 Unless you terminate this Agreement, you will be bound by these terms until you have entered into the Wayleave with the Electricity Company.

5. Limitations of our legal liability to you

5.1 Our liability to you for any breach of this Agreement or negligence shall be limited to the amount of the grant payment for the Wayleave 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. PCC do not however seek to exclude or limit our liability for:

5.1.1 Death or personal injury caused by PCC’s negligence;

5.1.2 Fraudulent representation;

5.1.3 Any breach of the terms implied by law by a reason of you being a consumer.

5.2 In the event of there being events outside PCC’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 will be suspended and the time for performance of our obligations will be extended for the duration of those events.

6. 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 PCC’s prior written consent, but we will agree to this where this is reasonable.

7. 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 PCC both agree to submit to the non-exclusive jurisdiction of the English Courts to resolve all or any disputes arising between us. You and PCC both agree however to seek to use all reasonable efforts to resolve any dispute by agreement if possible before instituting any legal proceedings.

8. Complaints

We always aim 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 Complaints Manager, Suzanne Hawthorne, who can be contacted at our Rookery View premises at any time. She will then investigate your complaint thoroughly and provide you with a written response to your complaint within 21 days from receipt.