HIP SUPPLY AGREEMENT, TERMS AND CONDITIONS
In this agreement, the following definitions shall apply
(a) The Property: the property in respect of which a HIP is being provided
(b) HIP: A Home Information Pack compiled pursuant to the Housing Act 2004
(c) HIP fee: the amount that you are charged for the supply of the Home Information Pack(d) ‘We’, ‘Us’, ‘Our’: Will refer to Berkshire HIP t/a IDK Global Ltd
Terms and Conditions for the supply of a Home Information Pack (HIP)
1. In these terms, 'HIPs' means Home Information Packs, the requirements and contents for which are laid down pursuant to the Housing Act 2004 and 'HIP' shall be construed accordingly.
3. We shall deliver to the customer an electronic HIP following receipt (in cleared funds) of the applicable charges notified to the customer for supply of the HIP and receipt of all necessary data from the customer to enable us to compile the HIP.
4. You have a cooling-off period in which you can withdraw from the contract for any reason, subject to the provisions below. Accept our Terms and Conditions is a condition of the acceptance of our service. If you wish to cancel your order you must notify us within the prescribed period by e-mail and/or letter by post.
a) We adhere to The Consumer Protection (Distance Selling) Regulations 2000 regarding the protection of consumers in respect of distance contracts. Through this regulation, customers in the EU have the statutory right to withdraw from the purchase of a service from our web site within seven working days of making a payment. This is known as the cooling off period. Where we have provided services before the usual seven working days cooling off period expires, the customer loses the right to cancel under the terms of The Consumer Protection (Distance Selling) Regulations 2000.
b) Contracts cancelled by you within the cooling-off period will be refunded in full, excluding any costs incurred on your behalf in initiating the service you have ordered.
c) Any cancellations or refunds outside the conditions above will be at our discretion.
d) If you exercise your right to cancel a contract we reserve the right to charge you for any costs incurred by us in obtaining any searches or any documents relating to your HIP order prior to the date of cancellation of the contract.
5. Customer acknowledges that it has no right to cancel an order for a HIP once the HIP has been compiled and charges paid by the customer to us at this point for the supply of a HIP are non-refundable.
6. Customer acknowledges that we are dependent upon the customer and third parties for the provision of the documents and information required to produce each HIP and that each HIP is provided without the benefit of inspection of any properties or confirmation of data comprising the HIP. We shall be responsible for the compilation of the HIP and for ensuring that it contains all required documents and data, however we accept no responsibility for any decision made by the customer or any third party in reliance on a HIP correctly compiled by us.
7. We do not exclude or limit our liability to the customer for (a) death or personal injury caused by any negligent act or omission; or (b) fraudulent misrepresentation on the part of us or our employees.
8. We shall not be liable for any delay in performing or failure to perform any of our obligations under these terms caused by any event outside our reasonable control (including the failure of any third party to supply any information to be included in the HIP).
9. Other than as expressly set forth in these terms, all HIPS are provided on an ''as is'' basis. To the fullest extent permissible by law, other than as expressly set forth herein, we do not make any warranties, representations or endorsements whatsoever with regard to the HIPS, all warranties, terms and conditions that would, but for this paragraph 8, be implied into these terms are hereby excluded.
10. Our only liability to the customer, whether based in contract, tort (including liability for negligence), arising from statute or otherwise, for all matters arising under this agreement shall be the replacement of defective HIPS where that defect was solely caused by an act or omission of us.
11. In no event shall we be liable to the customer under these terms for any of the following types of loss, whether arising in contract, tort (including liability for negligence), under statue or otherwise: (a) loss of business; (b) loss of revenue; (c) loss of profits; (d) loss of anticipated savings; wasted expenditure; (e) loss of goodwill; (f) corruption or destruction of data; or (g) any indirect or consequential loss, including any indirect or consequential loss of the types referred to in this paragraph 10. In no event shall customer raise any claim under these terms more than two years after the discovery of the circumstances giving rise to such claim.
12. Paragraphs 5-10 set out our entire financial liability under this agreement (including any liability for the acts and omissions of its employees, agents and sub-contractors) to customer.
13. A person who is not a party to these terms shall have no right under the contracts (Rights of Third Parties) Act 1999 to enforce these terms but this shall not affect any rights or remedy of a third party which exists or is available apart from that act.
14. These terms shall be governed by and constructed in accordance with the laws of England and Wales and the parties hereby irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.