TERMS AND CONDITIONS OF BUSINESS
|“PSSW”||means Property Search South West Ltd of 70 Fore Street, Heavitree, Exeter EX1 2RR;|
|“Client”||means any third party entering into a contract with PSSW upon the terms and conditions specified herein.|
- All work undertaken by PSSW on behalf of the Client is subject to these terms and conditions and all other conditions warranties and representations express or implied or otherwise are hereby excluded. Any work undertaken by PSSW on behalf of the Client shall constitute an offer to contract on these terms and no addition, amendment or modification thereto shall be effective unless expressly agreed in writing by an authorised representative of PSSW. The Client agrees to be bound by these terms and conditions and by placing an order shall be deemed to have accepted them. PSSW may modify the terms and conditions, discontinue or revise the Services or any element of them at its sole discretion at any time with immediate effect without prior notice and the Client’s continued use of the Services constitutes acceptance of any such amendment.
- PSSW will accept instructions from the Client for the provision of services which will include instructions to undertake searches and/or other associated activities as specifically set out in writing on PSSW’s acknowledgement of order which usually would involve land, property or other structures. The provision of services may also extend to include search activities of other commercial and business interest as well as other commercial and business services provided by PSSW (“the Services”). It is agreed that these instructions will be accepted on the basis that the Client will be liable for all costs and associated expenses incurred by PSSW in carrying out this work. No contract shall be entered into until PSSW issues its acknowledgement of order describing the work to be undertaken, the charges thereof and an estimate of time for delivery of the Services. PSSW reserves the right to refuse to accept any order at any time.
- It is agreed that in respect of all work undertaken by PSSW on behalf of the Client, that PSSW are providing the Services only on the basis that the Client provides, supplies or makes available all necessary information for PSSW to carry out the requested Services, and this will include the provision of suitable location plans and/or other necessary documentation or material, all of which will be of good accurate quality and be fit for their intended purpose.
- PSSW will not be liable to the Client in the event that PSSW are unable to perform an obligation or to carry out the Services on behalf of the Client due to any factor outside of the control of PSSW, including but not limited to acts of God, industrial action, the default or failure of a third party, war or any other government action. In the event PSSW is so prevented from providing the Services it shall notify the Client forthwith. In the event the delay continues for a period in excess of 180 days either party may terminate the order.
- All communications between PSSW and the Client and all information and other material supplied to or received by PSSW from the Client which is either marked “confidential” or is by its nature intended to be exclusively the knowledge of PSSW and the Client alone, shall be kept confidential unless or until both parties agree that it is or part of it is in the public domain, whereupon to the extent that it is public, this obligation shall cease. Not withstanding the foregoing, information otherwise confidential may be disclosed to the extent that is bona fides necessary to disclose the same or part thereof on the purpose of the proper performance of the work that is being undertaken or to the extent required by law or any court of competent jurisdiction.
- It is hereby agreed that the Services are for the exclusive use of the Client and the Client’s customers and that no liability of whatsoever nature and/or however caused will pass to PSSW which may arise from any other party that has taken it upon themselves to rely on any information that may have been contained in the Services. The Services are provided for the exclusive benefit of the Client and/or its customers and the Client nor its customer shall disclose the same to any third party without the prior written consent and, where applicable, payment of an additional fee to PSSW.
- A person who is not a party to any contract made pursuant to these terms and conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of such contract.
- Irrespective of any payment arrangements that the Client may have with its customers, the Client is solely responsible for payment of all charges within 30 days from the date of the invoice. In the event any invoice is not so paid, PSSW at their sole discretion suspend the provision of nay further Services to the Client, refuse any further orders (and notify its associates accordingly) and/or charge interest at a rate of 3% above Barclays Bank Plc base rate from the date such sum is due until the date of payment whether before or after any judgment.
- It is hereby noted and agreed that following the provision of the Services that unless PSSW is notified in writing within seven days from receipt of the Services or from the date of the defect becoming apparent that there is any discrepancy, inaccuracy or any other issue with the Services it shall be deemed that the Client is satisfied with the Services and PSSW shall have no further liability with regard to such Services.
- PSSW shall carry out all work that is undertaken with all reasonable diligence and accuracy and will expedite all requests for the provision of the Services in the most efficient manner although it is noted time shall not be of the essence in delivery of the Services.
- The Client acknowledges and agrees that the information and data supplied in the Services are derived from publicly available records and other third party sources and PSSW does not warrant the accuracy or completeness of such information or data, and the data supplied in the Services are derived solely from those sources specifically cited, PSSW does not claim that these sources represent an exhaustive or comprehensive list of all sources that might be consulted nor does it guarantee that all past or current land uses will be identified by the Services. The Services are professional business to business services not intended for use by persons other than those skilled in the use of property and environmental information. PSSW shall not be responsible for errors or corruptions in the Services resulting from inaccuracies or omissions in data supplied to it by third parties.
- The Client acknowledges and agrees that all intellectual property rights in the Services are and shall remain owned by PSSW or its suppliers and nothing in the terms and conditions purports to transfer, assign or grant any rights to the Client in respect of the intellectual property rights. The Client and any person to whom it disclosed the Services agrees they will not attempt to affect any modification, merger or change to the Services nor permit any other person to do so nor will they copy, use, market, resell, distribute, merge, alter or add anything to the Services nor interfere with any trade mark or other proprietary markings on the Services, and the Client agrees to fully indemnify PSSW against any claim, losses or other damages suffered by PSSW as a result of any breach of these obligations.
- PSSW provide warranties and accept liability only to the extent stated in this clause 13. Nothing in these terms and conditions excludes either party’s liability for death or personal injury caused by that party’s negligence or wilful default. As most of the information contained in the Services provided to PSSW by others, PSSW cannot control its accuracy or completeness nor is it within the scope of the Services to check the information on the ground. Accordingly, and subject to the foregoing, PSSW will only be liable to the Client for any loss or damage caused by its negligence or wilful default and neither PSSW nor any third party providing information shall in any other circumstances be liable for any inaccuracies, faults or omissions in the Services nor shall PSSW have any liability for services used otherwise than in accordance with these terms and conditions. Save as precluded by law, PSSW shall not be liable for any indirect or consequential loss, damage or expenses (including loss of profits, loss of contracts, business or goodwill or any other type of special indirect or consequential loss) howsoever arising. No person may rely on the Services more than 12 months after its original date, and subject to the foregoing PSSW shall have no liability to the Client after such date. In any event, the maximum liability of PSSW shall be limited to either the sum of £50,000 or the total cost of the Services carried out which form the subject of the complaint whichever is the lower.