Address: (number,road and town)
City and County:
Post code:
Telephone (day): Telephone (eve):
Email Address:
Details for property requiring report:
Address: (number,road and town)
City and County:
Post Code:
Access
Contact is:
Contact Name: Telephone (day):
Telephone (eve):
Number of bedrooms
EPC Total Price
Other Information please type your message below:
select 'accept' If you accept our Terms & Conditions below:
TERMS AND CONDITIONS
1) DEFINITIONS: The Company means Home Potential. "The Customer" means the Person,
Firm, or Company to whom a quotation is addressed or
whose order is accepted by Home Potential.
2) GENERAL: Unless otherwise expressly agreed by Home Potential, these conditions
shall apply to all quotations and tenders given, orders received
and accepted and contracts undertaken by Home Potential. These
terms shall prevail over any other Terms or Conditions including (but without
prejudice to the generality of the foregoing) any Customer's
terms or conditions shall be deemed incorporated in any dealing by Home Potential
with
its Customers. No person other than Home Potential, Managing
Director has the authority to modify or supplement theses terms. Accordingly,
these terms may not be modified or supplemented without the
specific written agreement of Home Potential and signed by Home Potential
Managing Director. Nothing in these terms shall restrict the
rights of a buyer who deals as a Consumer. As a Consumer your Statutory Rights are
not
affected. Previous dealings between Home Potential and the Customer
shall not vary, add, or replace these terms or any of them. All previous
correspondence or oral communications are to be regarded as
superseded and not forming part of the contract. By using Home Potentials site or
ordering any of Home Potentials Reports, you agree to be bound
by these terms and conditions.
3) QUOTATIONS: Quotations are subject to confirmation on receipt of order.
4) PRICE: Unless otherwise specified by Home Potential in writing all prices quoted
are net and exclusive of Value Added Tax, Customs Duty and
Import Levies. Home Potential reserves the right to Levy's a Small
Order Surcharge. The Price relevant to any particular order will, unless stated
to
be fixed, it will be subject to variation at Home Potential discretion
and the price applicable will be that operative on the date of despatch from Home
Potentials premises or the manufacturer premises (as the
case maybe).
5) CANCELLATION: As a Consumer you have a cooling-off period in which you can withdraw
from the contract for any reason, subject to the
provisions in 5.1 below. This cooling-off period ends 5 working
days from the day after you accept our Terms and Conditions which is a condition
of
the acceptance of our service. If you wish to cancel you order
you must notify Home Potential within the prescribed period by e-mail and/or letter
by post.
5.1 If you are a Consumer, the cooling-off period and the right
to cancel will not apply where Home Potential has already provided you with the
service ordered.
5.2 Contracts cancelled by you within 5 working days cooling-off
period will be refunded in full, excluding any costs incurred on your behalf in
initiating the service you have ordered.
If you exercise your right to cancel a contract Home Potential reserve the right
to charge you for any
costs incurred by us in obtaining
Third Party Reports on your behalf prior to the date of cancellation of the contract.
5.3 A right to cancel does not apply if the Consumer has already
received the work that is undertaken by Home Potential.
5.4 Any cancellations or refunds outside the conditions above
will be at our discretion.
6) ALTERATION TO CONTRACT: If the Customer requests alterations or changes to the
contract, these will not be valid unless and until confirmed
in writing by Home Potential and will result in the original quoted
prices being adjusted accordingly. Suspension or Cancellation of the Contract by
the
Customer will only be accepted upon terms, which will indemnify
Home Potential against all costs incurred.
7) ACCURACY OF INFORMATION PROVIDED BY YOU: It is important to note that the information
you provide to Home Potential will form part
of the publicly-available Home Information Pack upon which reliance
may be made by potential or actual buyers, mortgage lenders and other parties.
It is imperative that all information provided by you is as accurate
and complete as possible. If the information you give about your property
is inaccurate, incomplete or misleading in any way you risk legal
claims against you, including for compensation. You must notify Home Potential
immediately if you are aware of any incorrect information that you
have given to Home Potential for any work to be undertaken. Customer(s) are
required to provide all relevant information in order for Home Potential
to undertake any work. This can be communicated by letter, e-mail or fax.
If you provide us with an incorrect address or other information in
your Order Form, you will still be liable to pay Home Potential fees once the
Contract has been made between us.
8) ACCEPTANCE OF ORDER: All orders are accepted by Home Potential solely on these
Terms and Conditions, which override any Terms and
Conditions stipulated, incorporated or referred to by the Customer
whether in its order or any negotiations. Any order placed by the Customer with
any of Home Potential’s salesman or other employees or representatives
shall be subject to acceptance by Home Potential. Acceptance of order
through Home Potential means, that you are legally capable of entering
into a binding contract and that you are an adult who is at least eighteen
years old.
9) RISK & TITLE: All goods and services are supplied to the Customers by Home
Potential on the following Terms: All goods and services shall
remain the sole and absolute property of Home Potential as legal and
equitable owners until such time as all sums due to Home Potential from the
Customer, whether in respect of the goods or other goods or services,
have been paid in full. Until such payment the Customer shall be in possession
of the goods solely as bailee for Home Potential and shall store the
goods separately in such a way as to enable them to be identified as the property
of Home Potential. Home Potential reserves the immediate right
at any time of repossession of any good to which it has retained title and therefore
to re-sell the same and for this purpose the Customer hereby grants
an irrevocable rights and licence to Home Potential’s employee and agents to
enter at any time upon all or any of its premises with or without
vehicles during normal business hours. This right shall continue to subsist
not withstanding the termination of the contract for any reason and
is without prejudice to any accrued rights of Home Potential hereunder or
otherwise. The goods shall be at the risk of the Customer as
soon as they leave Home Potential premises for the purpose of delivery to the Customer.
10) PAYMENT: All Home Potential Customers will pay in advance for any work that
is to be undertaken by Home Potential. At Home Potentials
discretion, there may be exception to any advance payment where
Customers will be notified in writing. All Accounts Customers must pay Home
Potential within fourteen days from Invoice date. All
monies received by Home Potential shall be applied to accounts outstanding on Home
Potential books in order of age starting, with the oldest.
All payment shall be paid in full without any deductions whatsoever to Home Potential.
Home Potential shall be entitled to charge interest on overdue
accounts at the rate of five percent per month from the due date of payment until
receipt of payment calculated on a daily basis in respect
of any part of a month. Any discount given will be nullified where payment is not
received
within the terms. Home Potential may withhold or suspend delivery
or any order or part of an order and Invoice the Customer for the reasonable
costs of storing the goods, whether at Home Potential premises
or otherwise from the due date of payment until receipt of payment. Should the
Customer be unable to pay his debts, Home Potential will be
entitle to demand proper security for payment of purchase price to delivery, either
by
payment in cash or by a bank guarantee. If such security is
refused by the Customer. Home Potential shall be entitled without prejudice to the
Customers other rights or remedies, to cancel the contract
or to suspend deliveries under the contract, at Home Potential option. Home Potential
reserves the right to claim interest under the Late Payment
of Commercial Debts (Interest) Act 1998. Home Potential shall not be liable in these
circumstances for any damages whatsoever. Discount is
only applicable provided the account is settled within the agreed payment period.
No discount is applicable on the deferred payment option. Home
Potential will pay any discount due at the end of the following month.
11) SPECIFICATIONS & DRAWINGS: Unless otherwise expressly agreed in writing
all illustrations and dimensions shown in Home Potential catalogues
and other sales literature is approximate. Home Potential
gives no guarantee or representation that the goods or work undertaken will in all
cases be
identical with the illustrations and dimensions specified in
such catalogues and literature due to improvements and modifications to the goods
or
their specification that may be made from time to time. The
Customer shall be solely responsible for satisfying itself that they are suitable
for the
particular purpose for which they are required.
12) THIRD PARTY REPORTS: The Customer will acknowledge and agree that for specific
preparation of certain types of work it will be necessary for
Home Potential to use Third Parties on the Customers
behalf. These may include, but are not limited to:-
Energy Performance
Certificates prepared by external government-licensed 'Home Inspectors' or 'Domestic
Energy Assessors';
Home Condition
Reports prepared by external government-licensed 'Home Inspectors';
Copies of
records relating to the Sale Property held at the Land Registry;
Local enquiries,
local land charges register searches, and drainage and water enquiries; any
other specialist reports required.
Any Third Party work will be included in our fees. Home
Potential will act on its Customers behalf should Home Potential need to obtain
any work
that is necessary to and in the best interest of its
Customers. Where Third Party work is used, Home Potential will act on your behalf
as your agent
to obtain any relevant information or work and will disclose
this to the relevant party. Home Potential will always act in the best interest
of its
Customer at all time when using a Third Party to whom
Home Potential believe to be professional and competent to carry out the work. Any
work
undertaken by a Third Party will be between the Third
Party and the Customer. There will be no contract between Home Potential, as we
are
acting as agent only. Therefore we can not sue
or be sued. As we are not liable for the content of any Third Party work or any
error or omission
within any such work or any delay by a third party
in providing any such work.
13) LIMITATION OF LIABILITY: Home Potential shall not be liable, in Contract, Tort,
or otherwise, for any representations, advice or assistance
given under this Contract or otherwise, whether before or after
the date of the Contract by or on behalf of Home Potential in connection with the
goods, work undertaken or the Contract. The Customer shall
indemnify Home Potential against any liability incurred by Home Potential in relation
to any third party claims arising from the use made of
or dealings by the Customer irrespective of whether they involve the negligence
of Home
Potential, its Agents or Employees, unless solely arising from
Home Potential wilful default or defects in material or workmanship of the goods.
Unless otherwise agreed in writing, goods or work rejected
by the Customer must be so rejected in writing within three days of delivery otherwise
they shall be deemed to be accepted by the Customer in full.
Home Potential does not accept liability for shortage in quantities delivered unless
the
Customer notifies Home Potential of any claim for short delivery
of the goods within three days of the delivery to the Customer. In such
circumstances Home Potentials liability shall be restricted
to making good the shortage. Any delivery book or note marked 'NOT EXAMINED' will
not prevent the operation of these clauses nor constitute express
or implied in writing of any potential or actual shortage. Without prejudice to
the
operation and effect of any other part of these conditions,
where Home Potential makes delivery of any goods which are defective or otherwise
not
in accordance with the contract the liability of Home Potential
to the Customer in damages shall be limited to and shall not in any circumstances
exceed a sum equal to the price of the defective goods or work
undertaken.
13.1 Subject to clause 13.2, our entire liability to you in
respect of these Terms and Conditions or any Contract (whether in contract or tort,
including negligence, or otherwise)
shall be limited to the level of our insurance cover and you are responsible for
making your own
arrangements for Insurance of any
excess loss, if required.
13.2 Home Potential shall in no circumstances be liable for
loss of profits, goodwill or any economic loss arising from any claims against the
Customer by any party or any consequential
or indirect loss or damage of any kind, other than in respect of death or personal
injury caused by
Home Potentials negligence, however
caused or arising.
14) FORCE MAJEURE: Home Potential shall not be held responsible for any inability
to deliver in consequence of War, changes in Fiscal Policy,
Strikes, Lock-out, Fire, Act of God, restrictions or control
including restrictions on export or import, other licences, trade, or industrial
disputes of
whoever nature, whether or not such dispute involves Home Potential,
its agents or its representatives. Breakdowns or any other contingency
beyond Home Potentials control.
15) SEVERANCE: If at any time any one or more of these Conditions, or any paragraph,
sub-paragraph or any thereof is held to be or becomes void or
otherwise unenforceable for any applicable law, the same
shall be deemed omitted here from and the validity and or enforceability of the
remaining
provisions of these Conditions shall not in any way be affected
or impaired thereby.
16) WAIVER: No failure or delay on the part of Home Potential to exercise any of
its rights under the Contract shall operate as a waiver thereof, nor
shall any single or partial exercise of any such right preclude
any other or further exercise thereof. Any waiver by Home Potential of any breach
by
the Customer of any of its obligations under this Contract
shall not affect the rights of Home Potential in the event of any further additional
breach
or breaches
17) NO RIGHTS TO THIRD PARTIES: The parties to this Contract do not intent that
any terns of this Contract will be enforceable by virtue of the
Contract Rights of Third Parties Act 1999 by any person that
is not a party to it.
18) LEGAL CONSTRUCTION: The law of England shall govern the validity, construction
and performance of this Contract. The Customer agrees for
Home Potential exclusive benefits that the English Courts shall
have sole jurisdiction to here all claims or disputes connected with the goods or
services or the contract. Home Potential may nevertheless bring
claims in any other Courts of competent jurisdiction.
19) ACCESS: Once instructed and a time and date has been agreed by both parties
full payment will be charged if no access can be gained to the property
to be assessed at the time and date agreed or access is
not possible due to circumstances beyond the control of Home Potential. Circumstances
may
include but are not limited to unaccompanied children at the
property, unaccompanied and or dangerous animals at the property, unaccompanied
ill
or bed bound elderly or minors at the property. You warrant
that you have the authority to commission the inspection, photography, floor plan
and
printed particulars of the premises in question, including
allowing Home Potential’s employs or agent’s access to the premises. If Home Potential’s
employees or agents fails to arrive within one hour of an agreed
appointment you may elect for a new appointment at a mutually agreed time or
request a full refund of any monies paid in respect of the
commission
20) TERMININATION: Home Potential reserves the right to terminate this agreement
without notice for any reason including non-payment of fees.
Home Potential’s fees shall be payable immediately on
termination or expiry however caused of this agreement.
21) INTELLECTUAL PROPERTY: All copyright and other intellectual property rights
in and relating to the commission shall be owned exclusively
by Home Potential.
22) HOME POTENTIAL: Home Potential has the right to revise its Terms and Conditions
from time to time. At all times Home Potential will
conform to the present day statute Law. Any changes that Home
Potential makes will comply with Statute Law of the present day.
23) COMMUNICATION: All communication to be sent to Home Potential trading address
which is: - Home Potential 133 West Bromwich Road.
Walsall. West Midlands. WS1 3HP. E-mail. general@myhomepotential.co.uk
or from www.myhomepotential.co.uk. This can be done by letter or
e-mail. All correspondence will be dealt within three working
days upon receipt of communication.
* Once the instruction has been submitted, we will confirm your order number,
price and payment details via email