Disclaimer
The information in or attached to this e-mail message is confidential and may be subject to legal privilege and client confidentiality. If you are not the intended recipient of this message, or such persons authorised representative, kindly notify the sender of this immediately by return e-mail or telephone (+27 11 883 3197), and be advised that you may not print, store, forward or copy this message or any part thereof or disclose or cause information in this message to be disclosed to any other person.
Nothing in this message constitutes an offer, warranty or representation from us. While we are entitled to rely on and hold you to your offers, warranties, representations or other statements made in or attached to this message, our employees or representatives may not conclude agreements or otherwise bind our company via e-mail unless the e-mail is sent by an Amrop Woodburn Mann Director.
Although we have taken steps to ensure that this e-mail and attachments are free from any virus we advise that in keeping with good computing practice the recipient should ensure they are virus free. We cannot be held liable for any harm or loss resulting from malicious software code or viruses in this message or attachments, including data corruption resulting there from.
We are only deemed to have received an e-mail once we have confirmed receipt thereof to you and we are deemed to have sent an e-mail once reflected as sent on our e-mail server.
Please note that this e-mail has been created in the knowledge that Internet e-mail is not a 100% secure communications medium. We advise that you understand this lack of security and take any necessary measures when e-mailing ourselves.
If this message contains offensive, derogatory or defamatory statements or materials, it means the message has been sent outside the senders scope of employment with ourselves and only the sender can be held liable in his/her personal capacity.
Our corporate information and names of our office bearers are:
Woodburn Mann (Pty) Limited * Registered. No. 81/11346/07 * VAT Number 4550121810
Directors: Dr T. L. Woodburn (Chairman), A.D. Woodburn (Managing Director), K. Alpers (Financial Director)
Consultants: C. J. Barton, V. Singh
102a Albertyn Avenue, Wierda Valley, Johannesburg. Gauteng. Postal Address: P.O. Box 783683, Sandton 2146, South Africa.
Tel: +27 11 883 3197
1. Exclusivity
Amrop Woodburn Mann does not accept an executive search or selection assignment on which another firm is also engaged. This prevents costly duplication of time, effort and expense as well as possible embarrassing situations. Neither does Amrop Woodburn Mann accept assignments on which the client or another third party is currently advertising for the position.
2. Confidentiality
All information concerning a client's business is kept strictly confidential. Amrop Woodburn Mann will not reveal the identity of a client to any candidate until it is both necessary and appropriate. Likewise clients are expected not to conduct premature referencing on potential candidates so that candidates can be confident of exploring an opportunity at no risk. It should be noted that in terms of the Promotion of Access to Information Act No 2 of 2000, the written consent of the candidate must be obtained before any referencing, qualification validation, criminal checks or credit checks may be commenced.
Furthermore, the information presented on candidates to clients contains very personal and confidential information. Its use should be strictly controlled and limited to the client's executives concerned with the appointment.
3. Terms of Reference, Job Specifications and Advertisements
The job specification forms the terms of reference for an assignment outlining the position requirements in terms of job content and person specification. These are the criteria against which potential candidates are measured. The specification also forms the marketing document for the position as well as the basis of Amrop Woodburn Mann’s research, so it is important that it accurately reflects the person required as well as the essence of the position. Once approved by the client, the specification becomes the sole working document.
Potential candidates are sent a confidential abridged specification. The full specification, which reveals the client's identity, is only made available to the finally agreed shortlist candidates prior to client interviews.
In circumstances where conventional executive search techniques are unlikely to be effective, or if the client’s recruitment needs or the prevailing legislation require that a recruitment advertisement is utilised in the executive search or selection assignment, the recruitment advertisement will be prepared based on the job specification and submitted to the client for approval prior to the flighting of the recruitment advertisement. The recruitment advertisement will be prepared in conformity with prevailing laws and regulations.
4. Professional Fee Structures
Amrop Woodburn Mann commits major resources, time, experience and knowledge to finding the best possible candidate; hence the company operates on an exclusive and retainer fee basis only. Prior to undertaking any assignment, a professional fee is quoted taking into account the nature and level of the position, geographical scope of the executive search or selection, as well as the complexity of the assignment.
Where the client changes the direction of an executive search or selection and/or the specification for the position is altered after the executive search or selection has commenced, an additional charge will be negotiated.
All fees are exclusive of value added taxation. All invoices for professional fees and expenses are payable on presentation. Amounts outstanding for more than 30 days will attract an interest charge calculated from date of invoice at the South African prime interest rate.
In the event that an internal candidate or another candidate identified by the client is appointed to a position on which Amrop Woodburn Mann has been retained, and that candidate has been assessed by Amrop Woodburn Mann as part of the assignment, a full appointment fee will be payable by the client. Should an internal candidate or another candidate identified by the client, who has not been assessed by Amrop Woodburn Mann, be appointed into a position for which Amrop Woodburn Mann has been retained, a cancellation fee will be charged as set out in Clause 7 of these General Conditions and Terms of Business.
4.1 Executive Search Assignments
The professional fee for an executive search assignment is a retainer fee based on a straightforward formula percentage to avoid negotiations that could intrude on the consultant and client relationship. It is one-third of the first year's guaranteed compensation package. The minimum retainer fee is R390 000 (Three hundred and ninety thousand Rand), unless varied in terms of our client proposal.
First year's guaranteed compensation package includes the base cash salary, company car/car allowance, the company's contributions to Pension/Provident and Medical Aid Funds, any relevant expatriate benefits, relocation costs, as well as any sign-on bonuses or one-off payments made in lieu of forfeited corporate share options, that may be paid to the successful candidate during his/her first year of employment. Performance related bonuses are not included.
An initial retainer fee is billed in three equal monthly instalments. Where an appointment is made at a compensation level higher than that used for the initial fee calculation, a fourth billing is made based on one-third of the difference and is due when an offer is accepted. Each instalment is anticipated to coincide with the following work involvement:
First Instalment Retainer Fee: This is due immediately after the executive search is authorised and covers: initial client briefing; preparation of a comprehensive specification and, if necessary, any client amendments thereto; basic research to identify target organisations and likely candidates' names, and preparation of a research list.
Second Instalment Retainer Fee: This is due 30 days from approval or on presentation of the research, whichever occurs first, and covers: discreet approaching of likely potential candidates; telephone assessment; sending of specifications; screening of curriculum vitae and interviews by consultants.
Third Instalment Retainer Fee: This is due 60 days from approval and covers: client debrief on the assignment; preparation of detailed reports on candidates and facilitation of client interviews. It also covers any referencing on the candidates, and any involvement in final negotiations, if required by you.
Fourth Adjustment Billing: This billing is issued on the successful appointment of a candidate at the end of an assignment and is based on one-third of the finally negotiated first year's guaranteed compensation package less the retainer fee already billed.
Unless specifically agreed with the client and included in the client proposal, Amrop Woodburn Mann would charge a professional fee of 27,5%(twenty-seven and a half percent) of the first year's guaranteed compensation package if an internal candidate is selected as the successful candidate.
Should any other candidate, other than the successful candidate in the designated role, be appointed to any other position within the client company, including any of its divisions, subsidiaries or associates, during the twenty four month period from the date of research presentation or candidate reports, the client would be liable for a 25% (twenty-five percent) recruitment fee as set out in our contract letter and General Conditions and Terms of Business for Executive Search and Selection Assignments.
4.2 Non-Executive Chairperson Search Assignments
The professional fee to conduct the various phases of a search to find a Non-Executive Chairperson is a fixed minimum search retainer fee of between R510 000 (Five hundred and ten thousand Rand) and R600 000 (Six hundred thousand Rand) payable in three equal monthly instalments. This fee is not contingent on the appointment of any of the proposed candidates although additional candidates would be produced for no further professional fees should the first shortlist be rejected for various reasons.
4.3 Non-Executive Director Search Assignments
The professional fee to conduct a search to find a Non-Executive Director is a fixed minimum search retainer fee of R450 000 (Four hundred and fifty thousand Rand) payable in three equal monthly instalments. This fee is not contingent on the appointment of any of the proposed candidates although additional candidates would be produced for no further professional fees should the first shortlist be rejected for various reasons.
4.4 Executive Selection Assignments
The professional fee for an executive selection assignment is a retainer fee based on a straightforward formula percentage to avoid negotiations that could intrude on the consultant and client relationship. It is usually one-quarter of the first year's guaranteed compensation package, the minimum retainer fee being R200 000 (Two hundred thousand Rand).
The first year's guaranteed compensation package includes the base cash salary, company car/car allowance, the company's contributions to Pension/Provident and Medical Aid Funds, any relevant expatriate benefits, relocation costs, as well as any sign-on bonuses or one-off payments made in lieu of forfeited corporate share options, that may be paid to the successful candidate during his/her first year of employment. Performance related bonuses are not included.
The professional fee is payable in three stages:
First Retainer Fee: An initial retainer fee of one-third is due immediately the executive selection assignment is authorised.
Second Retainer Fee: A second retainer fee of one-third is payable in the month after the recruitment advertising date or when a shortlist of candidates is presented, whichever occurs first.
Third Retainer Fee: A third retainer fee of one-third is payable in the second month after the recruitment advertising date or on the appointment of a candidate, whichever occurs first.
Fourth Adjustment Billing: This billing is contingent on the successful candidate being appointed at a remuneration level in excess of R900 000 and is calculated on the basis of one-quarter of the first year's guaranteed compensation package, less the retainer fees already billed.
4.5 Management Selection Assignments
The professional fee for a management selection assignment for roles between R600 000 and R900 000 is a retainer fee based on a straightforward formula percentage to avoid negotiations that could intrude on the consultant and client relationship. It is usually 23% (twenty-three percent) of the first year's guaranteed compensation package, the minimum retainer fee being R120 000 (One hundred and twenty thousand Rand).
The first year's guaranteed compensation package includes the base cash salary, company car/car allowance, the company's contributions to Pension/Provident and Medical Aid Funds, any relevant expatriate benefits, relocation costs, as well as any sign-on bonuses or one-off payments made in lieu of forfeited corporate share options, that may be paid to the successful candidate during his/her first year of employment. Performance related bonuses are not included.
The professional fee is payable in two stages:
First Retainer Fee: R60 000: This is due immediately the Management Selection is authorised and covers: initial client briefing; preparation of a comprehensive specification and, if necessary, any client amendments thereto, basic research to identify target organisations and likely candidates' names; discreet approaching of likely potential candidates; telephone assessment; sending of specifications; screening of curriculum vitae and interviews by consultants; debrief of the assignment; preparation of detailed reports on candidates and facilitation of client interviews.
Second Retainer Fee: R60 000: This is due once the client begins interviewing preferred candidates; referencing on the candidates, qualification verification, credit and criminal checks, as well as any involvement in final negotiations, if required by you.
Final Adjustment Billing: This billing is contingent on the successful candidate being appointed at a remuneration level between R600 000 and R900 000 and is calculated on the basis of 23% (twenty-three percent) of the first year's guaranteed compensation package, less the retainer fees already billed.
4.6 Interim Search and Selection Assignments
Amrop Woodburn Mann commits major resources, time, experience and knowledge to finding the best possible Interim Manager/Executive. It therefore operates on a professional retainer fee basis and charges a minimum initial fee of R80 000 (Eighty thousand Rand) plus value added taxation at the prevailing rate. This will be invoiced on the appointment of Amrop Woodburn Mann for each particular assignment.
Once a candidate has been appointed, Amrop Woodburn Mann will charge the client a monthly fee of 20% (twenty percent) of the candidate’s monthly remuneration rate or a pro rata portion thereof.
Where a client requires special additional research work to be undertaken by Amrop Woodburn Mann, a fee in addition to the initial fee shall be negotiated and agreed upon in writing, prior to the commencement of such special research.
Should the Interim Manager/Executive be appointed to the position on a full-time basis, Amrop Woodburn Mann will bill the client a fee of one-third of the Interim Manager/Executive’s finally negotiated first year's guaranteed compensation package, less the fees billed during the interim tenure of the individual.
5. Expenses
Travel and accommodation expenses incurred for interviewing candidates outside of Johannesburg or for bringing candidates to Johannesburg will be charged in addition to the professional retainer fee. In circumstances where these expenses are likely to exceed 20% (twenty percent) of the professional retainer fee, Amrop Woodburn Mann will obtain prior authorisation from the client before incurring these travel and accommodation expenses.
Such expenses associated with the executive search or selection assignment are billed separately, monthly in arrears, on an actual cost basis plus a nominal handling fee.
These costs are kept to a minimum and cover only directly attributable candidate or consultant travel.
Out of pocket expenses for long distance telephone calls, video conferencing, courier charges, facsimiles, special research and other related costs would be billed separately, in addition to the professional fee.
All recruitment-advertising costs in connection with an assignment are charged to the client. Such costs will be agreed in advance and will vary according to the media selected and the space used.
6. Additional Appointments
6.1 Executive Search Assignments
The fee for second and subsequent appointments arising from a particular executive search assignment would be one-quarter (twenty-five percent) of the first year's guaranteed compensation package as finally negotiated for the first year’s employment, or else will be stipulated in the proposal.
This fee structure would hold providing no extra research is required. Where further research is necessitated, a fee would be negotiated based on the extent of additional research required. A full brief would be required for the modified position and the billing would be adjusted accordingly.
6.2 Non-Executive Director Search Assignments
The fee for second or subsequent appointments on the same Non-Executive Director assignment would be R200 000 (Two hundred thousand Rand) for each such appointment.
6.3 Management Selection Assignments
The fee for second and subsequent appointments arising from a particular selection assignment would be one-fifth (twenty percent) of the first year's guaranteed compensation package as finally negotiated for the first year’s employment.
6.4 Interim Search and Selection Assignments
Where an additional request for an Interim Executive arises from and specifically relates to an existing particular Interim Executive assignment, the initial fee charged by Amrop Woodburn Mann will be:
Where an additional Interim Executive is required for a new and separate assignment within the client organisation, the initial fee shall be R50 000 (Fifty thousand Rand) plus value added taxation.
There will be no initial fee payable on the reappointment to a particular interim executive assignment of the incumbent Interim Executive for second or subsequent contracts entered into within one month of the expiry of the previous contract.
7. Cancellation
7.1 Executive Search Assignments
Should the executive search not be completed due to circumstances beyond the control of Amrop Woodburn Mann (where the client alters their mind about the specification, suddenly finds a suitable candidate, decides not to continue with the search, etc) the full professional retainer fee will still be payable.
However, a reduction will be considered if Amrop Woodburn Mann is notified in writing of the cancellation. This reduction would be proportionate to the extent to which the executive search remains uncompleted. In addition, Amrop Woodburn Mann would charge the client for the time and resources required to close the executive search.
Where the client decides after the initial briefing not to formalise the executive search assignment, the client would be billed solely for the costs incurred in preparing the specifications plus any travel expenses.
7.2 Non-Executive Chairperson Search Assignments
Should the executive search for a Non-Executive Chairperson not be completed due to circumstances beyond the control of Amrop Woodburn Mann (where the client alters their mind about the specification, suddenly finds a suitable candidate, decides not to continue with the search, etc) the full professional retainer fee will still be payable.
However, a reduction will be considered if Amrop Woodburn Mann is notified in writing of the cancellation. This reduction would be proportionate to the extent to which the executive search for a Non-Executive Chairperson remains uncompleted. In addition, Amrop Woodburn Mann would charge the client for the time and resources required to close the executive search.
Where the client decides after the initial briefing not to formalise the executive search assignment, the client would be billed solely for the costs incurred in preparing the specifications plus any travel expenses.
7.3 Non-Executive Director Search Assignments
Should the executive search for a Non-Executive Director not be completed due to circumstances beyond the control of Amrop Woodburn Mann (where the client alters their mind about the specification, suddenly finds a suitable candidate, decides not to continue with the search, etc) the full professional retainer fee will still be payable.
However, a reduction will be considered if Amrop Woodburn Mann is notified in writing of the cancellation. This reduction would be proportionate to the extent to which the executive search for a Non-Executive Director remains uncompleted. In addition, Amrop Woodburn Mann would charge the client for the time and resources required to close the executive search.
Where the client decides after the initial briefing not to formalise the executive search assignment, the client would be billed solely for the costs incurred in preparing the specifications plus any travel expenses.
7.4 Management Selection Assignments
In the event that a client cancels or materially alters the agreed terms of reference in an executive/management selection assignment, Amrop Woodburn Mann will charge the client a cancellation fee of six percent of the initially agreed estimate of first year's guaranteed compensation package in addition to any professional retainer fees already billed.
Should a client cancel an advertisement that has been booked by Amrop Woodburn Mann at the request of a client, any costs, which cannot be recouped from the media organisation, will be charged to the client.
7.5 Interim Search and Selection Assignments
Should the search for an Interim Executive not be completed due to circumstances beyond the control of Amrop Woodburn Mann (where the client alters their mind about the specification, suddenly finds a suitable candidate, decides not to continue with the search, etc) the full initial retainer fee will still be payable.
However, a reduction will be considered if Amrop Woodburn Mann is notified in writing of the cancellation. This reduction would be proportionate to the extent to which the search for an Interim Executive remains uncompleted. In addition, Amrop Woodburn Mann would charge the client for the time and resources required to close the executive search.
Where the client decides after the initial briefing not to proceed with the assignment, the client would be billed solely for the costs incurred in preparing the specifications plus any travel expenses.
As a fixed time period has been agreed for an interim executive assignment, termination shall occur at the end of such time period or as is provided in the finally agreed contract for the Interim Executive assignment.
8. Deferred, Delayed or Changed Appointments
In the event of a client deferring, delaying or changing a hiring decision for an executive search or selection assignment for which Amrop Woodburn Mann has been retained, and if a Amrop Woodburn Mann candidate who has been shortlisted or presented to the client is hired within twelve months of the date of the shortlisting or presentation for the position in question, any other position or in any other capacity whatsoever, Amrop Woodburn Mann will be entitled to the full placement fee as per the terms set out in Clause 4, Professional Fee Structures of these General Conditions and Terms of Business.
In the event of a client introducing a candidate shortlisted or presented by Amrop Woodburn Mann in the course of a search or selection assignment, to any other company, subsidiary or associate in the client’s group, and the candidate is employed by one of those companies or associates, Amrop Woodburn Mann will be entitled to the full placement fee as per the terms set out in Clause 4, Professional Fee Structures of these General Conditions and Terms of Business.
9. Value Added Taxation
The professional fees charged by Amrop Woodburn Mann are subject to a value added taxation at the prevailing rates prescribed by government from time to time. Any reimbursable travel and accommodation expenses incurred by Amrop Woodburn Mann on behalf of clients and on which value added taxation has been paid will be on an agency basis in respect of the value added taxation paid. Other expenses charged by Amrop Woodburn Mann will be subject to value added taxation at the prevailing rate.
10. Guarantees
It is the objective of Amrop Woodburn Mann to bring an assignment to a successful and timely conclusion. Executive search and selection is a specialised form of management consultancy that may or may not result in the placement of an executive. Accordingly, in order to avoid misleading the client, no proposals and presentations by Amrop Woodburn Mann can guarantee placement as the inevitable conclusion of an executive search or selection assignment.
Amrop Woodburn Mann will not accept liability for the actions of candidates once they have commenced employment with a client. The final decision to engage a candidate rests with the client.
Amrop Woodburn Mann does not accept liability for any information and/or representation made expressly or implied by the candidate to Amrop Woodburn Mann and/or its client, which later proves to be untrue, inaccurate or unfounded. Amrop Woodburn Mann will use its best endeavours and, with available resources within prevailing legislation, to validate the bona fides of a candidate.
10.1 Executive Search Assignments
Should the candidate leave the client company within twelve months, Amrop Woodburn Mann would meet with the client to objectively assess the situation and decide on a plan of action.
Amrop Woodburn Mann undertakes never to approach the successful candidate for other employment opportunities whilst the candidate remains in the client's employ. Amrop Woodburn Mann also undertakes not to approach any other member of the client's staff for a one year period from successful completion of an assignment.
10.2 Non-Executive Chairperson Search Assignments
Should the candidate leave the client company within twelve months, Amrop Woodburn Mann would meet with the client to objectively assess the situation and decide on a plan of action.
10.3 Non-Executive Director Search Assignments
Should the candidate leave the client company within twelve months, Amrop Woodburn Mann would meet with the client to objectively assess the situation and decide on a plan of action.
10.4 Executive/Management Selection Assignments
In the event that an appointed candidate from an executive selection assignment leaves the client’s employment prior to or within six months of taking up the appointment, other than for reasons of changes to the organisation structure, job content or contractual arrangements, Amrop Woodburn Mann undertakes to re-open the executive selection assignment without any additional professional retainer fee costs to the client. However, additional advertising costs and any other expenses or disbursements will be charged to the client.
Should it become apparent that no candidates are likely to meet the specifications for a position from a recruitment advertisement, Amrop Woodburn Mann will promptly advise the client and offer an alternative course of action to convert the executive selection assignment to an executive search assignment. Any fees already charged for the executive selection assignment will be credited to the likely professional fees for an executive search assignment
10.5 Interim Search and Selection Assignments
It is Amrop Woodburn Mann’s objective to bring the Interim Executive assignment to a successful and timely conclusion. This includes Amrop Woodburn Mann maintaining regular contact with the Interim Executive, including visits to the client premises.
Amrop Woodburn Mann will make every endeavour, at no additional cost to the client, to find a suitable replacement as soon as possible where the Interim Executive assigned to the client terminates his or her services due to circumstances beyond the client’s control.
11. Timing of the Assignment
It is the objective of Amrop Woodburn Mann to conduct the executive search and selection assignments, as quickly as professional standards will allow. Once Amrop Woodburn Mann has presented candidates to a client for interviewing, the timing until the successful candidate joins the client organisation will depend on the speed of selection, negotiation and notice obligation of the candidate with his or her current employer.
11.1 Executive Search Assignments
Once the specification has been approved, an executive search usually takes approximately six to eight weeks before shortlist candidates are presented for client interviews. Delays are sometimes caused if the search process is undertaken during school or public holiday periods.
11.2 Non-Executive Chairperson Search Assignments
Once the specification has been approved, a Non-Executive Chairperson search assignment usually takes approximately four to six weeks before shortlist candidates are presented for client interviews. Delays are sometimes caused if the search process is undertaken during school or public holiday periods.
11.3 Non-Executive Director Search Assignments
Once the specification has been approved, a Non-Executive Director search assignment usually takes approximately four to six weeks before shortlist candidates are presented for client interviews. Delays are sometimes caused if the search process is undertaken during school or public holiday periods.
11.4 Executive/Management Selection Assignments
From the date of flighting the recruitment advertisement an executive selection assignment usually takes approximately five weeks before shortlist candidates are presented for client interviews.
11.5 Interim Search and Selection Assignments
The Interim Executive specification for job content and person specification should be approved during the first working week after the initial request.
Amrop Woodburn Mann will present an Interim Executive who fulfils the person and job specifications within three to four working weeks. Rarely, or upon the client’s request, will more than one candidate be presented.
Occasionally no suitable Interim Executive approached by Amrop Woodburn Mann is available at the required time. Amrop Woodburn Mann would meet with the client to objectively assess the situation and decide on a plan of action.
12. Report Presentation
Concise debrief notes are prepared on the proposed shortlist candidates for discussion with the client. In‑depth reports are subsequently prepared and submitted on those candidates the client chooses to interview. These reports are presented in good faith with information having been obtained during an interview situation. Psychometric assessments, referencing, qualification validation as well as verification of a candidate’s current remuneration, have not been undertaken at this stage.
13. Referencing, Qualification Validation and Psychometric Assessments
In terms of the Promotion of Access to Information Act No 2 of 2000, the written consent of the candidate must be obtained before any referencing, qualification validation, criminal checks or credit checks may be commenced.
Past experience has shown people who are asked for references generally respond more candidly to a consultant than they might to a prospective employer. As a result, Amrop Woodburn Mann is able to provide the client with a more accurate evaluation of the candidate concerned. Furthermore, this approach safeguards the identity of presently employed candidates.
However, as the majority of executive search and selection assignments conducted by Amrop Woodburn Mann are at senior executive level and above, clients often have a professional relationship with other major business leaders who may be the referees on the assignment. The client may therefore prefer to carry out their own verbal references on the preferred candidate, although the written consent of the candidate will still be required.
At the time an offer of employment is being intended and at the request of the client, Amrop Woodburn Mann will undertake reference, credit and/or criminal checks for those candidates to whom an offer is to be made, and arrange for the appropriate psychometric assessments of the preferred candidates.
An additional charge will be levied for each psychometric assessment and qualification validation that Amrop Woodburn Mann is requested to undertake.
Where it is impractical to obtain references until the candidate has received a formal offer, or where such activity might constitute a breach of confidentiality in respect of the candidate (for example, where most of the working career has been spent with one employer), any offer made should be conditional on satisfactory references being received.
Whilst every reasonable care is taken in obtaining references, the conclusions from any such references (which must remain confidential and unattributable) can only be made in good faith, and it must remain clear that Amrop Woodburn Mann cannot and does not guarantee these conclusions or the accuracy of statements made by referees. Referee names are always obtained from candidates.
14. Negotiations and Candidate Appointment
While Amrop Woodburn Mann’s role is largely passive, Consultants can assist in the final negotiating stage and are at hand to provide market related salary information if required.
Responsibility for the appointment of any candidate submitted for consideration is solely that of the client.
15. Client Contact
Amrop Woodburn Mann strives to establish a close business working relationship with the client and to conform to the principles set forth in the Code of Ethics of The Association of Executive Search Consultants. In order to facilitate this, the team of consultants and research associates working on the executive search or selection assignment keep in regular contact with the client through telephone calls, status reports and, where appropriate, progress meetings.
16. Limitation of Liability
Each party will use its reasonable best efforts to ensure that information and advice provided to the other party is accurate and complete. In no event shall Amrop Woodburn Mann be liable for any claims, whether being exhaustive, special, indirect, incidental or consequential damages arising out of or connected with this assignment, regardless of whether a claim is based on contract, tort, strict liability or otherwise, nor, in any circumstances, shall the client’s claim for damages exceed the amount of the gross fee provided in terms of the Amrop Woodburn Mann proposal for the particular assignment
17. General Conditions and Definitions
These General Conditions and Terms of Business may be subject to change for any new assignment without prior notification.
No alteration of the General Conditions and Terms of Business will be effective unless agreed in writing by Amrop Woodburn Mann and the client.
Client refers to the person, company, division of a company or organisation to whom Amrop Woodburn Mann provides executive search or selection services for the appointment of permanent, temporary or contract staff.
Candidate refers to any person introduced to the client by Amrop Woodburn Mann.
Executive Search refers to a process that employs in-depth comprehensive research to identify potentially suitable candidates against a specific client brief or specification.
Selection refers to an advertised and data base process to identify potentially suitable candidates against a client’s brief with no research presentation or even a short list presentation.
First year's guaranteed compensation package includes base cash salary, company car/car allowance, the company's contributions to Pension/Provident and Medical Aid Funds, any relevant expatriate benefits, relocation costs, as well as any sign-on bonuses or one-off payments made in lieu of forfeited guaranteed bonuses or corporate share options, that may be paid to the successful candidate during his/her first year of employment. Performance related bonuses would not be included.
