Terms and Conditions

These terms and conditions will govern any work undertaken by Amsel & Co (“we” or “us” as the context requires) for any person or organisation from which it receives instructions (“you”).

  • We undertake to you that we will:
  1. Take reasonable skill and care, judged against the nature of the matter and the information provided to us by you, in providing you with any cost estimate for our services.
  2. Carry out your lawful instructions (including the appointment, where appropriate, of other agents) with reasonable skill and care judged in light of the nature of the instructions, including any indication by you of the time in which you wish the work to be completed.
  3. Invoice you for the price agreed by us in writing in advance plus expenses, charges in respect of agents instructed by us and VAT, where applicable.
  4. Report to you as soon as reasonably practicable, or as instructed by you from time to time, on the outcome of work undertaken on your behalf, on any unforeseen escalation in costs and on any event or matter outside our control which may make it necessary or advisable to discontinue or delay the performance of the work.

  • You undertake to us that you will:
  1. Give us clear written instructions as to the services you require us to perform and the time in which you require us to complete them.
  2. Acknowledge that we make no warranty or representation as to the result of any enquiry or investigation which we undertake on your behalf, or as to the costs likely to be incurred and that no cost estimate which we give shall constitute such warranty or representation.
  3. Ensure that we are provided with full and accurate information to enable us to carry out, effectively and without risk of incurring criminal or civil liability, any instructions you give us.
  4. Indicate to us in writing the individual within your organisation who will operate as our point of contact and who is authorised to instruct us on your behalf.
  5. Authorise us to appoint other agents to perform specific work on your behalf where we consider it necessary or appropriate in order to carry out your instructions.
  6. Ensure that nothing in your instructions will, or may reasonably be expected to, result in our being exposed, either directly or indirectly, to criminal or civil liability or to regulatory complaint as a result of carrying out your instructions in accordance with their terms.
  7. Indemnify us against any damages, losses or other liability whatsoever resulting from any claim made against us by a third party as a result of our carrying out your instructions.
  8. Agree that any report we produce is for your sole benefit and may not be relied on by any third party who may obtain access to it.
  9. Pay our invoices within 30 days of their submission to you and, in the event of any disagreement about your liability to pay the whole or part of the invoiced amount, pay us the undisputed element, and set out in writing the area of disagreement, within that time.
  10. Pay us interest at 3 per cent over Barclays Bank base rate at the relevant time on any sums invoiced by us but remaining unpaid 30 days after the date of the invoice.
  11. Accept that our fees will not be reduced or waived in the event that they may subsequently be disallowed, in whole or in part, as between you and your client or as between parties to litigation, by any court or tribunal.
  12. Agree that, if payment of any invoice is not made in accordance with these terms, we shall be entitled to suspend forthwith any work which we may be carrying out at that date on your behalf, whether or not in connection with the assignment to which the invoice in question relates.

  • Limitation of Liability.  Except in relation to death or injury caused by negligence you agree that:
  1.  our liability to you for negligence or otherwise howsoever shall exclude any liability for:
    a)any indirect or consequential damages,
    b)any loss of profit or loss of  revenue; or
    c)any damage to reputation; and
  2. subject to the above, any liability, whether for damages, costs, interests or otherwise howsoever, and arising in any way whatsoever out of services provided to you by us, shall not exceed the sum of £100,000, which you accept is a reasonable sum in light of the level of insurance cover reasonably available to us.

  • Both parties agree:
  1. In relation to any information obtained from the other party, which is designated as confidential or which it is reasonable in the circumstances to treat as the confidential information of the other party, to treat such information with the same care as it would in relation to its own confidential information  and , in particular, not to misuse it or divulge it to any third party (save as required by law or relevant regulation), at any time when it remains confidential but not once it has passed into the public domain other than as the result of any breach of this provision.
  2. Not to assign any rights or obligations that come into existence under any contract to which these terms apply.
  3. That the other party may, immediately upon notice in writing, terminate any contract to which these terms apply if the other party becomes insolvent or commits a breach of these terms that is either not capable of being remedied or is not remedied within 14 days of a written notice requiring it to be remedied.
  4. That the contract in respect of our services to you is governed by English Law and that any dispute arising in relation to it shall be submitted to the exclusive jurisdiction of the English Courts.


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