Definitions
“SD” means Searches Direct (Nationwide) Ltd also trading as Searches Direct (NW) Ltd of Suite 507 Daisyfield Business Centre, Appleby Street, Blackburn, BB1 3BL
“Order” means any request completed by the Customer requesting the Report.
“Customer” means that individual, firm or company from whom SD receive instructions either on their own behalf or, as an agent for a Client.
“Report” includes any information that SD supply to the Customer including all reports, services, data sets, software or information contained in them prepared by SD in respect of the Property
“Property” means the address or location supplied by the Customer in the Order
“Client” means the individual, firm, company or body who is the intended recipient of the Report with an actual or potential interest in the property.
“Insolvent” means that the Customer is bankrupt (if the Customer is an individual) or the Customer has a receiver or liquidator appointed (if the Customer is a company) and/or (in either case) the Customer is unable to pay the Customer’s debts as they fall due, the Customer makes an arrangement with the Customer’s creditors or SD are reasonably satisfied that the above is about to happen
“Intellectual Property” means all forms of Intellectual Property or protected rights recognised in law. “these Terms” means the terms printed on this document (or any replacement that SD issue) “Third Party” means persons from whom SD maysource Other Products
“Other Products” means products and services which are ancillary to the Report, such as environmental risk insurance
“the Customers Rights” the Customers right to use the Report and any other rights conferred by these Terms
- Agreement
1.1 SD agrees to supply the Report to the Customer subject to these Terms. Where the Customer is acting as an agent for the Client then the Customer shall be responsible for bringing these Terms to the attention of the Client.
1.2 The Customer and the Client agree that the placing of an Order for a Report indicates their acceptance of these Terms.
1.3 SD may also supply the Customer with Other Products where SD acts as an agent for a Third Party. The supplier of those Other Products will be governed by the terms and conditions of those Third Parties.
- Confidentiality and Intellectual Property
2.1 The Customer and the Client acknowledge that the Report is confidential and is intended for the personal use of the Client. The Intellectual Property rights in the Report shall remain the property of SD. No intellectual or other property rights are transferred or licensed to the Customer or the Client except to the extent expressly provided.
2.2 The Customer or Client is entitled to make copies of the Report but may only copy the maps contained in the, or attached to the Report, if they have an appropriate Ordnance Survey licence
2.3 The Customer and Client agree (in respect of both the original and any copies made) to respect and not to alter any trademark, copyright notice or other property marking which appears on the Report.
- Other Report
3.1 Whilst SD will use reasonable care and skill in producing the Report it is provided to the Customer and the Client on the basis that they acknowledge and agree to the following:-
3.1.1 the information contained in the Report can change on a regular basis so SD cannot be responsible to the Customer and the Client for any change in the information contained in the Report after the date on which the Report was produced and sent to the Client
3.1.2 the Report does not give details about the actual state or condition of the Property nor should it be used or taken to indicate or exclude actual suitability or unsuitability of the Property for any particular purpose, or relied upon for determining saleability or value, or used as a substitute for any physical investigation or inspection. Further advice and information from appropriate experts and professionals should always be obtained
3.1.3 the information contained in the Report is based upon the accuracy of the address supplied by the Customer or Client
- Liability
4.1 Any defect or inaccuracy in relation to the address of the Property contained in the Report provided by SD can be notified to SD by the Customer anytime.
4.2 In the event that the Customer and/or Client suffers loss as a result of the negligence or otherwise of SD, the liability of SD will be limited to an amount not exceeding £2 million in respect of any individual claim or aggregate of claims relating to the same Property.
4.3 In any event, SD shall not be liable to the Client for any failure, defect or non performance of its obligations arising from circumstances beyond SD’s reasonable control or the acts or omissions of any party for whom SD are not responsible or any indirect or consequential loss or for any loss of profit howsoever arising.
4.4 The Report is produced for use in relation to the property transactions and thus SD will not be liable if the complaint of the Customer and/or Client results from the Customer and/or Client using the Report for a purpose for which it is not allowed to be used.
4.5 SD make all reasonable efforts to correct errors as soon as they are identified and constantly strive to improve its products and services but SD cannot guarantee the information supplied to SD is error free. However, SD shall assign to the Customer and/or Client any warranties given to SD by any Third Party.
4.6 The Report will contain as much information as is available to SD at the time the Report is undertaken but if there is a limitation on the availability of some information at that time, this will be clearly stated in the Report.
4.7 The Report may contain opinions or general advice to the Customer and the Client and SD cannot ensure that such opinion or general advice is accurate, complete or valid and accepts no liability therefore.
4.8 Whilst SD will apply best endeavours to achieve timely delivery, it is subject to availability of computer databases and often electronic delivery. SD will not be liable for any inaccuracy, omission or other error in any part or parts of the report which arises from any inaccuracy, omissions or errors on a public register.
4.9 SD will be liable for any negligent or incorrect: (1) Interpretation of records searches or (2) recording of that interpretation in the search report.
- Charges
5.1 The Customer shall pay for the price of the Report specified by SD without any set off, deduction or counter claim. Unless the Customer or Client has an account with SD for payment of Reports, SD must receive payment for Reports in full before the Report is produced. For Customers or Clients with accounts payment must be made within seven days of SD raising an invoice.
5.2 In the event that such invoices are not paid within seven days SD shall be entitled to charge the Customer interest on the outstanding sum at the rate of 4% above the National Westminster Bank PLC base rate from time to time.
5.3 The Customer shall be liable to SD as principal for the price of the Report specified by SD.
5.4 SD shall be entitled to alter its charges from time to time but will make the Customer aware before accepting an Order.
- Termination of Rights
6.1 The Customer and/or Client’s rights will be lost automatically if:-
6.1.1 the Customer fails to abide by these terms
6.1.2 the Customer becomes Insolvent
6.1.3 an issue regarding Intellectual Property arises
6.1.4 If SD suspect that the Customer is or may be in breach of these Terms or if SD become aware any allegation or claim that the Customer may be in breach of these Terms, SD may in its sole discretion, without notice to the Customer or liability, penalty or obligation on the part of SD, suspend, interrupt or terminate the performance and completion of the Order.
6.1.5 If the Order has not been commenced within seven working days, the Customer may cancel the Order upon giving SD written notification and the following shall apply:-
6.1.5.1 the notice shall operate to cancel the Order
6.1.5.2 SD shall refund any payment made by the Customer within 14 working days of receipt of the notice.
6.2 If SD have commenced work in performance of the Order within seven working days after placement of the Order the Customer shall have no right to cancel the Order and any payments made shall not be refundable.
- SD’s Rights
7.1 SD reserve the right without notice or liability to the Customer:-
7.1.1 to take any action SD deem appropriate relating to the Order; or
7.1.2 to defer the date of performance or to cancel the provision of the Order (without liability to the Customer) if SD are prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control including without limitation, acts of God, Governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock outs, strikes or other labour disputes (whether or not relating to SD’s workforce). The Customer shall be entitled to give notice in writing to terminate the Order and a refund of the price paid, if any, for the Report shall be refunded in full.
- General
8.1 It is the responsibility of the Customer to read these Terms by requesting a hard copy before placing an Order
8.2 SD may refuse to accept an Order without providing any reason for the refusal.
8.3 If any provision of these Terms is or becomes invalid or unenforceable, it will be taken to be removed from the rest of these Terms to the extent that it is invalid or unenforceable. No other provision of these Terms shall be affected.
8.4 These Terms constitute and evidence the relationship between SD and the Customer and the Client and it is agreed that nothing else induced the Customer and/or Client to place an Order
8.5 These Terms shall be governed by English Law and all parties submit to the exclusive jurisdiction of the English Court.
8.6 Nothing in this notice shall in any way restrict the Customer or Clients statutory or any other rights of access to the information contained in the Report.
8.7 In addition to the foregoing, SD shall not be liable for any damage or loss whatsoever caused:-
8.7.1 by any virus, including damage to the Customer’s computer equipment, software, data or other property resulting from access to, use of or browsing of its website
8.7.2 as a result of downloading any material, data, text, images, video or audio from its website
8.7.3 by the content of or the Customer’s access to, any website linked to its website
8.7.4 nothing in these Terms excludes or limits SD’s liability for death or personal injury caused by its negligence or for fraud.
8.8 Failure or delay by SD in enforcing or partially enforcing any provision of these Terms will not be construed as a waiver of any of SD’s rights under these Terms.
8.9 Any waiver by SD of any breach of, or any default under, any provision of these Terms by the Customer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of these Terms.
8.10 In providing search reports and servicing SD will comply with the Search Code.
8.11 If for make a complaint and we are unable to resolve it to your satisfaction you may refer the complaint to The Property Ombudsman scheme
(Milford House, 43-55 Milford Street, Salisbury, Wiltshire,SP1 2BP Tel: 01722 333306,Fax: 01722 332296,Email: admin@tpos.co.uk, Website: www.tpos.co.uk ) We will corporate fully with the Ombudsman during an investigation and comply with his final decision.