Pharmacy Recruitment

BDEA Ltd - Terms of Business

1. Definitions

In these terms:-

1.1 "Locumlink PPLS" is the trading name of BDEA Ltd, a company registered in England with number 04033723 whose registered office is at Brent House, 214 Kenton Road, Harrow, Middlesex HA3 8DJ.

1.2 “the Client” means the person, firm or company to whom the Assignment Letter is addressed.

1.3 “the Assignment” means the job to be undertaken by BDEA Ltd to supply to the Client the candidate(s) as specified in the Assignment Letter.

1.4 “the Contract Date” means the date of the Assignment Letter.

1.5 “the Assignment Letter” means the letter from BDEA Ltd t/a Locumlink PPLS to the Client setting out the basic terms of the Assignment.

2. Formation of the Contract

2.1 These terms shall form the basis of the contract for the supply of candidate(s) by BDEA Ltd to the Client and any business associated with the Client. Notwithstanding anything to the contrary in the Client’s standard booking conditions, these terms shall apply except so far as expressly agreed in writing by a director of BDEA Ltd. Any agreed changes of numbers of candidate(s) or rates shall not affect any of the other terms of this contract.

2.2 No servant or agent of  BDEA Ltd has power to vary these terms orally, or to make representations or promises about the quality of the candidate(s), their fitness to perform any given task/function or any other matter whatsoever.

2.3 The Client’s acceptance into the Client’s premises of BDEA Ltd candidate(s) shall constitute acceptance by the Client of these terms.

2.4 BDEA Ltd will provide candidate(s) to the Client at the request of any representative of the Client unless otherwise instructed in writing by the Client.

2.5 The construction, validity and performance of these terms and this contract shall be governed by English Law.

2.6 These general terms shall be subject to such further special conditions as may be prescribed in writing by BDEA Ltd or as may appear in the Assignment Letter.

2.7 In the event of any conflict, or apparent conflict, between the special conditions and these general terms, the special conditions shall prevail.

2.8 These terms supersede all previous trading terms issued by BDEA Ltd

2.9 All notices to be served under this contract shall be served by first class pre-paid post, facsimile message or by e-mail at the registered office or principal trading address of the intended recipient. Notices shall be deemed served when they would ordinarily have been received in normal business hours according to the means of transmission of such notices.

3. Price and payment

3.1 Rates quoted are exclusive of VAT, which will be added to all invoices at the rate applying at the appropriate tax point.

3.2 Invoices are payable 30 days following the date of invoice.

3.3 BDEA Ltd will charge interest at 8% per annum above the base rate from time to time in force of National Westminster Bank Plc on all overdue invoices from the date of the invoice to the date of payment of the invoice, together with compensation for the costs suffered by BDEA Ltd arising from late payment, in accordance with its rights under the Late Payment of Commercial Debts (Interest) Act 1998.

3.4 All legal costs and expenses incurred by BDEA Ltd in seeking to collect overdue invoices from the Client will be payable by the Client on an indemnity basis.

3.5 The Client shall not be entitled to withhold payment of any amount payable under this contract by reason of any dispute or claim by the Client.

3.6 Without prejudice to any other rights of BDEA Ltd, if the Client shall fail to make punctual payments of any sum under any contract between BDEA Ltd and the Client, BDEA Ltd may, at its option, either withhold the provision of its services until the total indebtedness of the Client to BDEA Ltd has been discharged, or cancel this contract.

3.7 If BDEA Ltd has bona fide doubts as to the solvency of the Client, or if the Client fails to pay invoices payable under this contract within the contractual credit period, all sums payable to BDEA Ltd by the Client under this contract or otherwise shall become due and payable forthwith without requirement for any notice to be given and BDEA Ltd shall be released from its obligation to continue to provide its services, save on terms acceptable to BDEA Ltd.

4. Delivery and quality of the Service

4.1 Bookings are taken in good faith, but the arrival of candidate(s) at the Client’s premises cannot be guaranteed. No liability will be accepted by BDEA Ltd for any loss whatsoever suffered or caused through delays in the provision of candidate(s).

4.2 In the event of a candidate failing to complete an Assignment, BDEA Ltd will, at its option, either supply a suitable replacement for the outstanding period or refund/credit a pro-rated share of the engagement fee.

4.3 All warranties or other terms implied by statute or otherwise shall not apply to this contract, including but not limited to those implied by the Supply of Goods and Services Act 1982 and the Consumer Protection Act 1987.

4.4  BDEA Ltd shall not be liable for any consequential or indirect loss suffered by the Client or any third party in relation to this contract and the Client shall indemnify BDEA Ltd in respect of any claim of any person in respect of such consequential or indirect loss.

4.5 The entire liability of BDEA Ltd under this contract shall not in any event exceed the contract price of the contract, save in respect of BDEA Ltd liability for death or personal injury resulting from negligence.

4.6 BDEA Ltd endeavours to ensure the suitability of any candidate introduced to the Client. However, the Client must satisfy itself as to the suitability of any candidate. The Client must take up any references provided by any candidate before engaging such candidate. The Client shall be responsible for obtaining work and other permits, for the arrangement of medical examinations, for investigations into the medical history of any candidate and for satisfying any medical and other requirements or qualifications required by law.

5. Compliance

5.1 The Client agrees to provide BDEA Ltd with sufficient information to enable BDEA Ltd to assess the suitability of each candidate for each Assignment. In this regard, the Client agrees to provide the following information:-

• the identity of the person whom it is proposed will engage the candidate and the nature of that person’s business;
• the date on which it is proposed that the Assignment should begin, and the duration, or likely duration, of the Assignment;
• the position to be filled, including the type of work which the candidate will be required to do, the location at which and the hours during which the candidate will be required to work;
• any risks to health or safety relevant to the Assignment and a note of the steps that have been taken by the Client to prevent or control such risks; and the experience, training, qualifications and any authorisations which are necessary (or which are required by law or by any professional body including registration with the Royal Pharmaceutical Society of Great Britain) for the candidate to possess in order to work in the position, and any expenses payable by or to the candidate.

5.2 The Client agrees to provide the above information in writing and in good time before the commencement of the Assignment and without delay during the Assignment, where appropriate, for example, in the light of a change of circumstances.

5.3 The Client will inform BDEA Ltd when certification held by the candidate or new certification arranged by the Client for the candidate is used outside of the original Assignment requirements. In the absence of such notice, the Client will indemnify BDEA Ltd for all liabilities incurred by BDEA Ltd pursuant to the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (“the Conduct Regulations”).

5.4 The Client shall be responsible for obtaining work and other permits, for the arrangement of any medical examinations and/or investigations into the medical history of any candidate to satisfy any medical and other requirements or qualifications required by law.

5.5 Subject to confirmation from the Client to BDEA Ltd of the information referred to in this clause 5, BDEA Ltd shall take reasonably practicable steps to ensure that the candidate is aware of all applicable requirements for the Assignment including any changes to the Assignment.

5.6 The Client undertakes not to require a candidate to perform the duties normally performed by a candidate who is taking part in official industrial action.

5.7 BDEA Ltd shall make reasonable endeavours to ensure the suitability of the candidate for the Assignment. However, the Client must also satisfy itself as to the suitability of the candidate and shall be responsible for taking up and/or confirming any references, including the confirmation of any professional or academic qualifications or registration with the Royal Pharmaceutical Society of Britain or any authorisation required by law, provided by the candidate and/or BDEA Ltd before engaging a candidate. No liability will be accepted by BDEA Ltd for any loss, expense, damage or delay arising from the unsuitability, incompetence, negligence, dishonesty or misconduct of any candidate(s).

5.8 BDEA Ltd shall ensure that the Assignment Letter identifies the candidate(s), that the candidate(s) has/have necessary experience and/or qualifications for the Assignment and that the candidate(s) is/are willing to fulfil the Assignment.

6. General

6.1 BDEA Ltd shall not be liable for any failure to provide its services arising from circumstances outside its control, including but not limited to lock-outs, fire, accidents or adverse weather conditions.

6.2 The failure by a party to enforce in any instance the performance of any provision of this contract shall not be construed as a waiver of that party’s rights to future performance of such or any other provision.

6.3 No person who is not a party to this contract shall have the right, under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms.

6.4 The Client shall comply with the provisions of the Data Protection Act 1998 in relation to the personal data of candidate(s).

6.5 For the purposes of these standard terms, BDEA Ltd acts as an employment agency in relation to the introduction of candidate(s) to the Client for a fee and as an employment business in relation to the introduction of candidate(s) to the Client at a margin.

7. Candidate Prices and Payment

7.1 Rates quoted are basic rates, which are applicable to hours worked by candidate(s) on weekdays between 7.30am and 5.30pm. Any overtime rates will be agreed separately in writing.

7.2 The Client shall be responsible for the payment of wages, and, if the status of the candidate is not that of a self-employed person, PAYE income tax and National Insurance contributions payable in respect of candidate(s). Payments should be made immediately on completion of the Assignment, or on a weekly basis, where the Assignment exceeds one week.

7.3 Invoices will be rendered at the end of the month in which the service has been provided, save for the placement of permanent candidates, in respect of whom invoices will be rendered immediately upon the engagement commencing.

8. Indirect Fees

8.1 Subject to sub-clause 8.2, a placement fee shall be payable by the Client to BDEA Ltd if the Client or any associated company makes use of the services of the candidate other than pursuant to this contract or the Client introduces the candidate to any other person (including an associated company of the Client), subsequent to which the candidate’s services are used by that person (other than pursuant to this contract, or an equivalent agreement between BDEA Ltd and that person) or the services of such candidate are provided to the Client through a third party, in each case after commencement of the Assignment, within the later of the date eight weeks following the termination of the Assignment and the date fourteen weeks following the commencement of the Assignment; or where the Assignment has not commenced, at any time between the date of notification of the name of the candidate by BDEA Ltd to the Client and the date of the commencement of the Assignment.

8.2 It is agreed that sub-clause 8.1 shall not apply where the Client makes use of the services of the candidate on the terms set out in this contract for a minimum of 26 continuous weeks where the candidate is engaged on a weekly rate; or a minimum of 130 continuous days where the candidate is engaged on a daily rate from the date when BDEA Ltd first becomes aware that the circumstances described in sub-clause 8.1 have arisen.

1. The Locum is self-employed and responsible for his or her own tax and National Insurance.

2. I declare that the facts I enter on the registration form will be accurate and undertake to notify BDEA Ltd t/a Locumlink PPLS immediately of any change in status.

3. I understand that I am under no obligation whatsoever to accept any locum engagement offered to me through  BDEA Ltd t/a Locumlink PPLS , but that once I have given my verbal acceptance of a locum engagement offered, this is a binding contract unless agreement to terminate or cancel is given by the other party. I also understand that any breach of the agreement by the Employer engaging me is not the responsibility of  BDEA Ltd t/a Locumlink PPLS , on whom I have no claim. Any claim for loss of earnings is to be made by me directly with the Employer.

4. I understand that  BDEA Ltd t/a Locumlink PPLS is not responsible for the payment of my fee, which is payable directly to me by the Employer. It is further understood that there is no liability due by me financially to  BDEA Ltd t/a Locumlink PPLS and that no fee is payable by me to Locumlink in return for obtaining engagements on my behalf.

5. All information given to me by  BDEA Ltd t/a Locumlink PPLS regarding vacancies is strictly confidential and is not to be passed on to any other locum. Similarly, all information regarding any establishment at which I have been engaged is also private and confidential.

6. I acknowledge that the information provided at registration may form the basis of a computerised personnel system to which I have access as determined by the Data Protection Act 1984.