This information relates to our terms and conditions. We can facilitate Debit Note payment, Account clearance or part payment. It must be clear to us what the payment relates to in order for us to process it correctly.
Please note that making a payment to us for work to be done without sufficient notification/instruction of what proposed work the payment relates to (for example paying a pro-forma invoice by bank transfer without any separate instruction that you want work done), is not considered in itself an instruction to proceed with the work.
In order to complete any task on your behalf, please note that we must receive your clear instructions and payment for attending to the task at least seven days before any deadline. Please note that due to time differences (for example for countries which are effectively one working day ahead), holidays in other countries, and/or the possibility that instructions may not be received in time even if sent, or the fact that Associates in other countries will not accept late instructions, or that we cannot work out what the payment relates to and/or the instructions do not leave sufficient time for the work to be completed on time, we cannot guarantee that work can be properly carried out if we receive instructions and payment for the work to be done less than seven days before any deadline.
If you are intending to pay us for work to be done within the seven day period above, please also contact Tomkins to advise that payment has been made and please quote our full file reference. We do not accept responsibility for carrying out work until we have given you express written confirmation that we have received your payment and instructions to proceed and that we are in a position to deal with the matter within the time frame available.
We accept the following Credit/Debit Cards: Visa, MasterCard, Laser ,International Maestro and JCB.
Refunds will only be issued in exceptional circumstances and at the discretion of Tomkins & Co. Tomkins & Co. reserves the right to charge an administration fee for refunds.
Where you make any payments to us (such as our Renewal fee) by card, including credit or debit card, you will be transferred to secure Realex servers to enter your card details. Realex Payments are level 1 PCI compliant and will handle the processing of card data. Customer information may be disclosed to our payment processor, but only to the extent required for the purposes of payment processing.
Online payments in Euro(€) and US Dollars($) can be accepted .
Tomkins’ liability arising from any instruction received by you will be limited to a maximum sum of €100,000 or five times the fee amount charged net of VAT whichever is the lower. We will not be liable for any indirect or consequential loss. In no circumstances shall we be liable to you for the negligent acts or advice or breach of contract of or by third party advisers or other third parties who may be instructed in relation to your work for you. Any such third parties are instructed and engaged by us to act as your agent with your express or implied authority. You cannot invoke any rights, including the right to claim damages, relating to a failure by Tomkins in the performance of its obligations if the Client has not filed a complaint with Tomkins within ten days after such failure has become known.
We shall not be liable for any loss, damage or other prejudice that you may suffer as a consequence of our ceasing to carry out any further work on your behalf. We may, thereafter, request you to instruct another Patent Attorney or Trade Mark Attorney (or solicitor, where applicable) to proceed with the conduct of any ongoing matters. In any such case, where fees have accrued and remain unpaid, the firm reserves the right to exercise a lien over files until such fees are paid in full or until any firm assuming responsibility for the work undertakes to pay the fees in full in consideration of the release of the files to them.
The burden of proof in respect of the liability of the firm will rest with you. We undertake to represent you to the best of our ability, with due skill, care, integrity and diligence in such matters and within the reasonable framework of applicable laws and ethical principles. Nonetheless, we cannot guarantee the result desired by clients in such matters, and we shall not be liable for any loss, damage or other prejudice that you may suffer as a consequence of the desired result not being achieved.
All the terms, conditions or provisions herein are distinct and severable, and if any thereof are held unenforceable, illegal or void in whole or in part by any court, regulatory authority or other competent authority it shall to that extent be deemed not to form part of these Terms & Conditions, and the enforceability, legality and validity of the remainder of these Terms & Conditions will not be affected.