Purchase Terms And Conditions

Interpretation

1. 'Customer shall mean the owners of the Property or those duly authorised to sell the Property.

2. 'Company' shall mean Home Survey Reports whose office is situated at Puma House, Lower Woodhill Road, Bury. BL8 1AA.

3. 'Act' shall mean the Housing Act 2004 and any regulations published in accordance with the Housing Act 2004.

4. 'HIP' shall mean Home Information Pack.

5. 'Authorised' shall have the meaning ascribed to it under the Act

6. Required shall have the meaning ascribed to it under the Act

7. Property shall mean the property in respect for which the customer requires the HIP

8. Reference to any stature or statutory provisions includes as reference to that statue or provision as from time to time amended extended or reenacted or consolidated and to all statutory instruments or orders made under it

9. Words denoting the singular number only include the plural and vice versa

10. Words denoting any gender include all genders and words denoting persons include frims and corporations and vice versa.

11. VAT shall be the prevailing rate of Value Added Tax from time to time.

The Agreement

12. The customer hereby instructs the Company to prepare a HIP in respect of the Property

13. The Customer will act in good faith towards the Company and facilitate the preparation of the HIP be inter alia, granting reasonable and timely access to the Property be the Company's appointed Domestic Energy Assessor, (where an appointment is cancelled by the customer and a revisit is required the customer will be liable to a further fee of £20.00 + VAT) and producing, whereever possible the Required documents to be included in the HIP and, if appropriate the customer hereby authorises the Company to obtain the title deeds to the Property which may be held by a third party.

14. Where applicable, the Customer hereby authorises the Company to make enquiries of the freeholder to the Property and if necessary an Managing Company or Managing Agents and the Customer accepts that he will be responsible for the payment of any disbursements incurred by the Company in obtaining additional information regarding the payment of ground rent, buildings insurance premiums and service charge payments.

15. If the title to the property is unregistered the Company shall appoint a firm of Conveyancers to supply the legal content of the HIP and the Customer will pay the Company an additional fee of £50.00 plus VAT.

16. The Company's Obligations

17. The Company undertakes and agrees to produce a compliant HIP containing all Required (but unless otherwise agreed not necessarily an Authorised) documents in accordance with (i) all generally accepted professional standards for the provision of HIPS and (ii) any published accredited standards that may become available from time to time.

18. The Company shall make available to the Customer any electronic copy of the HIP free of charge when all the HIP components as required under the ACT are available.

19. The Company shall provide the customer with access to the Home Survey Reports helpline during normal office hours.

20. The Company shall ensure that the suppliers of local search information, legal content and Energy Performance Certificates shall all carry Professional Indemnity Insurance for a minimum of £2 million per property.

21. The Company will abide by the HIP code standards at all times.

Deferred Payment

In the event that the customer has chosen a deferred payment option then payment for the HIP falls due on the earliest date on which any of the following occur and the Customer hereby agrees to notify the Company if they become aware that payment is due:-

  • It becomes apparent that there will be insufficient funds from the proceeds of sale to pay for the HIP or repossession proceedings are commence in respect of the Property or;
  • The sale of the Property is completed or;
  • The Customer withdraws the Property from the market or terminates the instructions of their Estate Agent
  • At the end of the period 9 months commencing from the date hereof
  • In the event that the Customer has chosen a deferred payment option then the Customer hereby authorises their appointed Conveyancer to pay all monies owed to the company forthwith on legal completion of the sale of the Property.

Miscellaneous Provisions

23. The Customer acknowledges that all copy right trademarks and all other intellectual property rights in materials and/or content made available as part of their use of the Company's services shall remain the property of the Company.

24.  The Company shall take all reasonable precautions to keep the detail of the Customer's order and payment secure.

25. If no portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in the whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

26. The parties agree that the contents of this Agreement and in particular the pricing structure and payment options referred to above shall not be disclosed to any third party except those required by law and: professional advisers, auditors and bankers who are bound to the disclosing party by a duty of confidence.

27. The price structure referred to above includes various fixed cost elements provided by third parties including the Land Registry, the Local Authorities and Drainage and Water companies. If any of the fixed cost elements are increased by any third party during the term of this Agreement the Company reserves the right to increase the charge for the HIP by the actual amount of any such increase subject to the company providing the Customer with a minimum of 7 Days notice of any such intended changes.

28. The completed HIP will remain in the ownership of the Company until such time as it has been paid for in full.

29. Once placed, an order for a HIP cannot be cancelled.