Business Terms and Conditions

The following sets out our business terms and conditions. For our website Terms and Conditions, click here.
SUPPLY OF GOODS AND SERVICES AGREEMENT

Please read all these terms and conditions (“Terms”).
  1. APPLICATION

    1. By ordering our Services, including any Goods, you accept that performance of the Services will be subject to these Terms which are also referred to in any Order Form that you will receive from us.
    2. These Terms will apply to the purchase of the Goods and Services by you (the “Customer” or “you”). We are Blackberry Build Ltd, a company registered in England and Wales with registration number 09303243 whose registered office is at 105 High Street, Brentwood, England, CM14 4RR, with email address office@bb-group.co.uk and telephone number 01277563566 (“Blackberry” or “us” or “we”).

  2. DEFINITIONS

    Architectural Services means the design and architectural services provided by us to you where you have ordered the same via the Order Form;
    Brief means the latest statement of requirements for the Services issued and approved by the Customer and included in the Order Form and any subsequent amendments to the specification of the Services agreed and memorialised in writing between the parties.
    Business Day means a day other than a Saturday, Sunday, or public holiday in England when banks in London are open for business;
    CDM Regulations means the Construction (Design and Management) Regulations 2015 and any subsequent revisions or amendments;
    Confidential Information means all information relating to the Customer’s and Blackberry’s personal matters, business, and affairs, which has been totally or partially acquired from the other party or any representative of the other party either in writing or verbally;
    Construction Services means the building services provided by us to you as set out in the Order Form;
    Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft, or profession;
    Contract means the legally binding agreement between you and us for the supply of the Services, the provision of which are contained in the Quote, the Order Form, Deposit Agreement (where applicable) and these Terms;
    Customer Representative means the single point of contact nominated by the Customer to communicate with Blackberry in regard to the performance of the Services and instructions thereof;
    Property means your home or premises or other location where the Services are to be supplied, as set out in the Order Form;
    Deposit means the sum payable upon signature of the Order Form;
    Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
    Fees means the sums payable by you under the Contract for the Supply of Services;
    Goods means any Goods that we procure and supply to you under the Services, including but not limited to bespoke fixtures and fittings, of the number and description as set out in the Order Form;
    Order Form means the document of that name that details the exact Services you have requested including any Goods you wish us to supply, including but not limited to: the Property details, your personal information and delivery dates which must be executed by you in order to form the Contract that will be subject to these Terms;
    Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you in any manner;
    Services means the services advertised on the Website, including the procurement and installation of any Goods, of the number and description set out in the Order Form as well as Construction Services and Architectural Services;
    Quote means the estimated cost of providing the Services and full specification of our proposal for the Services provided to you by us prior to entering the Contract;
    Website means our website www.blackberrybuild.co.uk on which the Services are advertised.

  3. SERVICES

    1. Our range of Services is detailed on the Order Form or may be described to you or demonstrated in brochures in person by one of our representatives. Any descriptions are for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
    2. As specifications for Services include Goods, we provide to you and that are made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
    3. We reserve the right to make changes to the methods of supplying the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

  4. OUR RESPONSIBILITIES

    1. We shall:
      1. perform the Services carefully and competently;
      2. use materials that are of satisfactory quality and suitable for their intended purpose. The materials will be new unless the customer agrees otherwise in writing.
      3. attend the Property regularly to carry out the work during the agreed working hours;
      4. regularly dispose of any rubbish from the Services;
      5. be responsible for any damage we may cause to the Property and its contents or neighbouring properties;
      6. leave the working areas in a clean and tidy condition at the end of each day; and
      7. comply with all our legal duties and responsibilities;
      8. use best endeavours to complete the Services in the duration stated in the Order Form;

    2. Health and Safety

    3. We will take all practical steps to:
      1. prevent or minimise health and safety risks to you and other people visiting the premises;
      2. minimise environmental disturbance, nuisance, or pollution from the work; and
      3. make sure that any temporary protection for the work is safe.

    4. Reperformance

    5. If you assert that the Services have not been performed in accordance with the Order Form or other specification agreed between us in writing, provided that we agree, we shall be entitled to reperform the part of the Services within a reasonable time without further liability to you.
    6. For the avoidance of doubt, you shall not be permitted in any circumstances to reassign any part of the Services to a third party contractor without our prior written consent.

    7. Customer Responsibilities

    8. You must co-operate with us in all matters relating to the supply of the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed). In particular you must ensure that:

      1. access to the relevant parts of the Property is provided to allow us to provide the Services;
      2. provide access to electricity, water, and sanitation facilities at the Property for use by our contractors, PROVIDED THAT in the case of sanitation, bathroom facilities are maintained in good condition throughout;
      3. free parking or residents parking vouchers are provided where necessary;
      4. where applicable you consult the owner of the Property in regard to the Services and gain consent before ordering the Services. This includes sharing details of the proposed Goods to be used;
      5. where requested by Blackberry, appoint a Customer Representative as soon as reasonably practicable and notify Blackberry in writing of such appointment (Customer Representatives shall not have authority to vary the terms of the Contract);
      6. the installation site is clear of all items of value and any debris and is fully accessible;
      7. no works or modifications to the area where the Services are to be carried or Goods are to be installed after we have taken the technical measurements;
      8. we are allowed to perform the Services uninterrupted SAVE FOR instances where you need to make us aware of anything that could materially affect performance;
      9. we will take appropriate measures to secure the Property whilst the Services are being carried out by taking practical precautions to deter intruders from entering;
      10. any legal obligations or permission that may be relevant to carrying out the Services including but not limited to, compliance with the CDM Regulations, bylaws and planning permission if required are sought and approved; and
      11. any health and safety hazard or concern which we might come across whilst performing the Services are adequately secured prior to the scheduled performance.

    9. Failure to comply with Clause 4.5 is a Customer default which entitles us to suspend performance of the Services until you remedy it, or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

    10. If you have not informed us of any of the considerations mentioned in Clause 4.5.10 above prior to commencement of delivery of the Services, we accept no responsibility for any issues that may arise due to either contraventions of planning or other legal obligations.

    11. You further agree to:
      1. consent to allow us to advertise on site during the performance of the Services and take pictures and videos of works and use them for advertisement and case studies;
      2. carry out any noisy works between 8:00 am and 6:00 pm from Monday to Friday and 8:00 am to 1:00 pm on Saturday unless otherwise agreed between us;
      3. take notice of all warnings we give you about any health and safety or environmental risks which we are taking measures to prevent or minimise; and
      4. not knowingly allow people living in or visiting the Property, particularly children, to be exposed to any dangers from the work.

  5. PERSONAL INFORMATION

    1. We retain and use all information strictly under the Privacy Policy.
    2. If we to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in the Order Form or other medium.
    3. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.


  6. BASIS OF CONTRACT

    1. Once you contact us for an estimate via phone or email, we will endeavor to get back to you within a 48-hour period and provide you with a Quote within 5 Business Days where possible.
    2. We will need to visit your Property in order to produce the technical measurements required and generate a Quote.
    3. All Quotes are valid for 7 days from its date unless we expressly withdraw it at an earlier time.
    4. The description of the Services in the Quote does not constitute a contractual offer to sell the Services.
    5. Should you accept the Quote in principle we will then visit your Property again to discuss the Services with you and present you with the Order Form for signature. No Contract shall be formed until you have signed the Order Form.
    6. We may also ask you for a Deposit to reserve your preferred Start Date and in such cases we will require you to sign a Deposit Agreement. Once you pay the Deposit and sign the Deposit Agreement and the Order Form, a Contract will be formed for the Services which will be governed by these Terms and the contents of the Quote. This Deposit will be redeemable against the Fees for the Services.
    7. You must ensure that the Order Form is complete and accurate and inform us immediately of any errors prior to acceptance so that we can revise the Order Form accordingly. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and Blackberry in writing and any such changes may incur extra fees.


  7. FEES AND PAYMENT

    1. The Fees for the Construction Services shall be payable in accordance with the following payment schedule:

      Stage of Services Fee (% of value of the Contract)
      On signing the Contract 20%
      On commencing the Services on site 10%
      Throughout the Services at 2-week intervals based on applications by Blackberry Build in respect of completed Services 70%
    2. The Fees for the Architecture Services shall be as stated in the Order Form and shall comprise:
      1. 7.2.1 The fee for our performance of the Services shall be as stated in the Order Form:
      2. the specified lump sum or sums; or
      3. time charges ascertained by multiplying the time reasonably spent in the performance of the Services by the specified hourly rate for the relevant personnel (Time ‘reasonably spent’ includes the time spent in connection with performance of the Services travelling to and from the Blackberry office); or
      4. any combination of these; and/or
      5. any other agreed calculation.

    3. Blackberry reserves the right to adjust the Fees for any of the Services, including due allowance for any loss and/or expense, if changes are made to the Brief and/or the latest approved estimate of the cost of the Services are varied by mutual agreement.
    4. Lump sums, rates for time charges, mileage and printing shall be reviewed every twelve (12) months in accordance with changes in the Consumer Price Index. Each twelve (12) month period commences on the anniversary of the date on which Blackberry commenced the performance of the Services.
    5. The Fees may also increase due to factors outside of Blackberry’s control, including in the event that the end supplier of any Goods increases the price or if Services are disrupted due to exogenous causes. If this occurs you may either:
      1. accept the increase;
      2. refuse the increase and in the case of Goods allow us to source replacement Goods or other materials or in the case of Services we shall be permitted to reduce the scope of Services offered in order to account for any losses; or
      3. refuse the increase and cancel the Contract. In such an instance, you will not receive a refund for any Fees already paid to us.
    6. If you wish to add to the Services as outlined in the Order Form, then this will be chargeable and will be subject to a new contract for the Supply of Goods and Services.
    7. If any information provided by you prior to the issuance of the Order Form is incorrect leading to an increased cost for us in supplying the Services you require, then an extra charge will be applicable. We will notify you of the extra cost prior to undertaking any additional work in writing.
    8. All Fees and charges are subject to VAT at the rate applicable at the time of the Order.
    9. Congestion charges, parking charges, tolls and public transport will be charged as used and receipts retained for Blackberry records. Plotting, printing, and copying charges are available upon request.
    10. Payment for the Services plus any associated expenses or disbursements must be made in full within 5 Business Days of completion of each stage of the Services as specified on the Order Form or on the due date specified on the invoice whichever is the earlier unless the performance of the Services is subject to a legitimate dispute. Snagging shall not be grounds for delayed payments. Failure to make payment in accordance with this clause may result in the Services being suspended.
    11. In the event of late payment, Blackberry shall be permitted to charge you interest at a rate of 8% per annum above the base rate of the Bank of England, accruing daily until the payment is made in full.
    12. Blackberry shall also charge a late payment penalty fee in respect of each overdue payment as follows:
      1. Where Customer is a Consumer, £150 per invoice; and
      2. Where Customer is a business, the maximum amount permitted under the Late Payment of Commercial Debts (Interest) Act 1988 (between £40 and £100 depending on the value of the invoice).
    13. All payments must be made via debit or credit card or BACS transfer to our bank account as notified to you in writing. If the payment is made via a debit or credit card a 3% transaction fee will apply.

  8. PERFORMANCE OF THE SERVICES

    1. You expressly agree and acknowledge that “time is not of the essence” in the performance of the Services. Nonetheless, we will start Services at the Property on the Start Date or within the agreed period or, failing any agreement within a reasonable time.
    2. The Order Form will specify the Start Date and Estimated Duration of the Services.
    3. The Estimated Duration will be extended by a fair and reasonable amount where delays are caused by changes to the Goods or Services requested by you, if you delay performance of the Services in any other way or in accordance with Clause 15. In such cases, we will be entitled to claim any reasonable costs arising from such extension.
    4. In any case, regardless of events beyond our control, if we do not perform the Services on time in accordance with the Strat Date or Estimated Duration, you can (in addition to any other remedies) treat the Contract at an end if:
      1. we have refused to perform the Services; or
      2. we are not performing the Services in accordance with our health and safety obligations;
      3. after we have failed to perform the Services on time, you have specified a later period which is appropriate to the circumstances, and we have not performed the Services within that period; or
      4. given reasonable opportunity, we have failed to perform the Services within 90 days of the Start date or Estimated Duration.
    5. Please note that if you wish to change the Start Dates we may charge a change fee at our discretion and we cannot guarantee any particular slot that you select.

  9. RISK AND TITLE

    1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
    2. You will not own the Goods until we have received payment for the Services in full. If full payment is overdue, we can choose, by notice to cancel the performance of the Services and end any right to use any Goods.


  10. ARCHITECTURAL SERVICES

    1. 10.1 Blackberry shall own the copyright in the drawings and documents produced in performing the Services and generally asserts Blackberry’s moral rights to be identified as the author of such work under the Copyright, Design and Patents Act 1988.
    2. 10.2 No part of any design by Blackberry may be registered under the Registered Designs Regulations 2001 by the Customer without the prior Blackberry written consent of Blackberry.
    3. 10.3 Subject to payment of Fees in respect of the Architectural Services and any other amounts properly due, the Client shall have a license to copy and use and allow others providing analogous services to the Services to copy and use, the drawings and documents only for purposes related to the Services but may not be used for reproduction of the design for any other purpose.
    4. 10.4 Blackberry shall not under any circumstances be liable for any use of the drawings and documents other than for the purpose for which they were prepared.
    5. Blackberry shall issue drawings to the Customer in PDF file format and/or hard copies only. Hard copy quantities will be limited to the numbers expressed in the Order Form. Additional copies can be provided at extra cost, prices are available upon request.
    6. Blackberry reserves the right to photograph the progression of the Services during construction and for a period of up to two years after completion. Where Blackberry deems it necessary, Blackberry also reserves the right to share these images with third party specialists or other professionals.


  11. WITHDRAWAL AND CANCELLATION

    1. 11.1 If you are purchasing Services as a Consumer, you have the right to cancel this Contract within 14 days of signature of the Order Form without giving any reason.
    2. The cancellation period will expire after 14 days from the day you sign the Order Form.
    3. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement sent to us by email before expiry of the cancellation period. If you cancel this contract, we will reimburse to you all payments received from you including the Deposit.
    4. To the extent that any Services have already been performed during the cancellation period, you will not be refunded for those Services, and you will receive a pro rata refund which will be deducted from the Deposit. No bespoke Services that have been carried out can be cancelled under this Clause 11.
    5. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
    6. We may end the Contract at any time by writing to you if you commit a breach of these Terms as follows:
      1. you do not make any payment of Fees to us when it is due, and you still do not make payment within 5 Business Days of us reminding you that payment is due; and/or
      2. you do not, within a reasonable time, allow us to perform the Services at your Property.

  12. INSURANCE

    1. Prior to the commencement of the Services, you must inform your household insurers, if any, that you are about to have work done at the Property.
    2. We have and will maintain during the Contract, current public liability insurance coverage for death or injury to people and damage to property for any one claim arising from one event up to £5,000,000.


  13. DEFECTS AND GUARANTEE OF SERVICES

    1. We have the right to correct all the faults (snags) that we are responsible for and that have been discovered within 3 (three) months of completion of the Services without liability.
    2. We offer a 12 month quality guarantee on decorating Services (Finishes Guarantee) and a 10 year guarantee on any structural works (Structural Guarantee) performed by us. For the avoidance of doubt, the Finishes Guarantee shall not be valid in respect of wear and tear that would be reasonably expected with the passage of time that has elapsed. The Structural Guarantee shall not be valid in the event that damage is caused by endemic issues not under the control of Blackberry, including, but not limited to, chronic damp or subsidence.
    3. Where Goods are covered by their own retail or manufacturer’s warranty we shall pass on these same warranties to you and will provide you with details of these warranties and/or guarantees upon request.
    4. For the avoidance of doubt, you will not be able to benefit from our guarantee and it will become invalid if you do not comply with the care instructions reasonably required by the operation and maintenance manual provided to you by us.
    5. If you sell your Property in which the Services have been performed, then we will not transfer the unexpired part of this guarantee to the new owner.

  14. DURATION, TERMINATION AND SUSPENSION

    1. The Contract shall commence once you sign the Order Form and shall continue for as long as it takes us to perform the Services.
    2. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
      1. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
      2. is subject to any step towards its bankruptcy or liquidation.
    3. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected and all outstanding Fees for Services completed will become due, together with reimbursement of any loss and/or expense properly and necessarily incurred by reason of the termination, except where Blackberry is in material or persistent breach of its material obligations under this Contract.
    4. Termination of this Contract, however it should arise, shall not affect the rights and remedies of either party in relation to any default of the other prior to such termination.
    5. If circumstances arise for which Blackberry is not responsible and which we consider would make it irresponsible for us to perform all or any part of the Services, Blackberry reserves the right to determine the relevant part of the Services on fourteen (14) days’ notice in respect of all or such part of the Services.

  15. CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY

    1. In the event of any failure by us to complete the Services due to something beyond our reasonable control:
      1. we will advise you as soon as reasonably practicable; and
      2. our obligations will be suspended so far as is reasonable, PROVIDED THAT we will act reasonably and that we will not be liable for any failure which we could not reasonably avoid.

  16. PRIVACY

    1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
    2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy.
    3. 16.3 For the purposes of these Terms and Conditions: ‘Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR. 'GDPR' means the General Data Protection Regulation (EU) 2016/679. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
    4. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
    5. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
      1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
      2. we will only Process Personal Data for the purposes identified;
      3. we will respect your rights in relation to your Personal Data; and
      4. we will implement technical and organisational measures to ensure your Personal Data is secure.
    6. For any enquiries or complaints regarding data privacy, please contact us without delay.

  17. CONFIDENTIALITY

    1. Neither party shall disclose the Confidential Information pertaining to the Services without first seeking authorisation from the disclosing party, unless:
      1. such disclosure is necessary for the proper performance of the Services, or in order to take professional advice in relation to this Contract or the Services, or in order to obtain or maintain insurance cover as required by this Contract;
      2. it is in the public domain other than because of wrongful use or disclosure; or
      3. disclosure is required by law because of disputes arising out of or in connection with this Contract.

  18. LIMITATION OF LIABILITY

    1. 18.1 Where we are providing the Services in the Property, we will make good any damage to the Property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or for weaknesses or any endemic conditions of the Property (whether known or unknown) which may influence our performance of the Services or cause damage to the Property that we discover while providing the Services.
    2. Subject to Paragraph 18.3 below, we shall only be liable for rectification or a refund for the Services carried out and our liability shall be capped at the total amount paid by you under the Contract or the maximum coverage of our insurance as stipulated in Paragraph 12.2 above.
    3. We do not seek to exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of our other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) consequential loss (for example loss of profit) to your business, trade, craft or profession which would not be suffered by a consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
    4. Further and notwithstanding anything to the contrary contained in this Contract and without prejudice to any provision in this Contract whereby liability is excluded or limited to a lesser amount, the liability of Blackberry under or in connection with this Contract whether in contract or in tort, in negligence, for breach of statutory duty or otherwise for any claim shall not exceed the amount, if any, recoverable by Blackberry by way of indemnity against the claim in question under professional indemnity insurance taken out by Blackberry and in force at the time that the claims or (if earlier) circumstances that may give rise to the claim is or are reported to the insurers in question. The limitation shall not apply if no such amount is recoverable due to Blackberry having been in breach of terms of any insurance maintained in accordance therewith or having failed to report any such claim or circumstances to the insurers in question in a timely manner.
    5. No director, officer, employee, or agent of Blackberry shall be personally liable to the Customer for any negligence, default or any other liability whatsoever arising from performance of the Services.

  19. NET CONTRIBUTION

    1. Further and notwithstanding anything to the contrary contained in this Contract and without prejudice to any provision in this Contract whereby liability is excluded or limited to a lesser amount, the liability of Blackberry, if any, for any loss or damage in respect of any claim or claims shall not exceed such sum as it would be just and equitable for Blackberry to pay having regard to the extent of Blackberry’s responsibility for the loss or damage and on the assumptions that:
      1. All other consultants and advisers, contractors and sub-contractors involved in the project to which the Services pertain shall have provided contractual undertakings to the Customer on terms no less onerous than those set out in this Contract in respect of the carrying out of their obligations in connection with such project; and
      2. there are no exclusions of or limitation of liability nor joint insurance or co- insurance provisions between the Customer and any other party and that any such other party who is responsible to any extent for the loss or damage is contractually liable to the Customer for the loss or damage; and
      3. all the parties referred above, have paid to the Customer such proportion of the loss or damage which it would be just and equitable for them to pay having regard to the extent of their responsibility for the loss or damage.

  20. DISPUTE RESOLUTION

    1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
    2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
    3. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 business days.
    4. In the event of a dispute, the parties may also, without prejudice to their rights to go straight to court proceedings, within 21 days, request a decision from an adjudicator appointed under an adjudication scheme for this Contract. The adjudication schemes are run by The Royal Institution of Chartered Surveyors (RICS), the Royal Institute of British Architects (RIBA) and the National Specialist Contractors Council (NSCC) respectively.
    5. If the parties choose adjudication to decide a dispute, they both accept that the cost, rules and procedures involved will become part of this Contract, free details of the cost, rules and procedures for adjudication are available from the links above.

  21. MISCELLANEOUS

    1. CDM Regulations: The parties shall comply with their respective obligations under the CDM Regulations. The Customer acknowledges that where Blackberry has not been previously appointed, and has inherited the project from a third party, additional fees will be payable by the Customer to Blackberry for auditing and, if necessary, revising the inherited scheme and Health and Safety information to comply with the duties imposed by the CDM Regulations.
    2. Rights of third parties: Nothing in this Contract confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it, other than lawful assignees.
    3. Collateral warranties: If Blackberry consents to enter into any third party agreement, such as a collateral warranty, the form or beneficiary of which had not been agreed by Blackberry at the date of the Contract, Blackberry shall be entitled to payment of its reasonable costs in assuming such additional liability, including but not limited to legal advice and obtaining any additional professional indemnity insurance required.

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