Terms & Conditions
STANDARD TERMS AND CONDITIONS FOR SUPPLY OF SERVICES
THE TERMS AND CONDITIONS BELOW SHALL APPLY TO THE PROPERTY DETAILS IN A PDF BROCHURE GIVEN IN A SEPARATE ATTACHMENT OR EMAIL AND ANY SUBSEQUENT CONTRACT BETWEEN US FOR THE SUPPLY OF THE SERVICES DETAILED IN THIS PROPOSAL. PLEASE READ CAREFULLY.
1. Formation of contract
1.1 Acknowledgment and acceptance of this proposal is made by you reserving a property with us, at which time you will be bound by these terms and conditions. Each proposal accepted shall constitute an individual legally binding contract between you and us. Such contract is hereinafter referred to in these terms and conditions as “an order”.
1.2 No addition, alteration, substitution or waiver of these terms and conditions will be valid unless expressly accepted by us or a person authorised to sign on our behalf.
1.3 Nothing in these terms and conditions shall prejudice any condition or warranty expressed or implied, or any legal remedy to which we may be entitled in relation to the services / and or the work the subject of this order.
2. Our Responsibility
2.1 We will ensure that any property details we supply will be accurate at the time of writing, such things as status of tenant, property condition, repairs needed, rate of exchange etc.
2.2 We will negotiate on the sale contract to purchase the property on our clients’ behalf. If at the end of the negotiations we cannot reasonably secure the contract at, or close to the terms as set out in our property detailed listings, an alternative property will be offered. If nothing is available that’s meets the clients’ strategy and budget as already determined a refund of the reservation fee will be returned less bank transfer fees. The client will allow us 6 months to find a alternative, suitable property.
2.3 We will endeavour to offer full guidance and support throughout the purchase and give honest and impartial advice to our clients at all times.
2.4 On reservation we will draft contracts and addendums in a timely manner and present these to our client only after we have secured the property for our client.
3. Your Responsibility
3.1 After reservation of the property, you will allow us to start negotiations and instruct your attorney, and other such things necessary leading up to completion. If you decide you do not want to complete on the purchase you must tell us in writing, via email immediately. You will lose your reservation fee “the order.” Depending on the stage of the purchase we may have expenses incurred that you will be liable to pay us. Such expenses will be detailed and invoiced to you.
3.2 We will keep you up-to-date with the process at all times throughout the purchase. Their will be contract documentation for you to read, sign and return. You will need to return these as soon as is reasonably possible to allow for a smooth transaction and to avoid any problems. You will be responsible for any problems incurred for failing to return documentation in a timely manner resulting in the loss of the property. Any fees and expenses incurred in 3.1 above will be applicable.
4. Our Responsibility
4.1 We will ensure that all materials supplied comply with safe building practices and are free from defects and that any work carried out is carried out with reasonable care and skill and to a reasonable standard.
4.2 Before starting any work we will carry out an inspection to make sure that all work quoted is appropriate and practicable.
4.3 If after our inspection any further work is necessary either because of alterations in design, specification or otherwise and this causes an increase in costs we will send you a further proposal giving details of the extra costs and will only proceed with the works once your written acceptance has been received.
4.4 Subject to paragraphs 4.2 and 4.3 we will carry out the work in accordance with our proposal.
4.5 We will make good any damage caused whilst carrying out the work.
5. Your Responsibility
5.1 You will permit us during normal working hours to carry out an inspection and thereafter to undertake the works according to the programme set out in the proposal.
5.2 You will allow us to remove all items necessary to commence the works and cover and protect all fixtures and fittings, which cannot be removed.
5.3 You will allow us to obtain all permissions and consents, (including if necessary planning permission) from any local authorities and others, which are required before the work can commence.
Type(s) of Work Undertaken
We will carry out all types of work associated with the Proposal.
6.1 On acceptance of the proposal in accordance with paragraph 1.1 the reservation fee in the proposal shall be payable. The balance of the order price will be due once purchase contracts have been received by you.
6.2 If you fail to pay the order price within 14 days of it becoming due interest shall be chargeable on the outstanding amounts at a daily rate of 3 per cent per annum above the then base lending rate of the Bank of England from the date the payment was due until actual date of payment.
7.1 If you change your mind you may cancel your order by notifying us in writing, via email within 14 days. Your reservation fee is non-refundable. There may also be other associated fees for any work carried out by us in this period of which you may be liable for.
8. Force Majeure
8.1 We shall not be liable for delay or failure to perform any of our obligations under this order if the delay or failure is caused by any circumstances beyond our reasonable control.
8.2 For the purposes of this condition, “force majeure” shall include, but not be limited to acts of God, war, terrorism, civil disorder, industrial dispute, fire or explosions.
8.3 Upon the happening of a “force majeure” event we shall be entitled to a reasonable extension of time for the performance of our obligations.
9.1 If any part of these terms and conditions are found to be unlawful it shall not affect the validity or enforceability of the remaining clauses. These terms and conditions shall be construed in accordance with the laws of England and the USA and shall be subject to the exclusive jurisdictions’ of the English and USA courts.