Address: (number,road and town)
City and County:
Post code:
Telephone (day): Telephone (eve):
Email Address:
Details of property requiring report
Address: (number,road and town)
City and County:
Post Code:
Access:
Contact is:
Contact Name: Telephone (day):
Telephone (eve):
Type of HIP required:
Number
of Bedrooms
Property category: For Flats
select type of building
Registered Status:
Tenture
No of Printed copies required
Price of HIP
For leashold properties: Start Date of Lease
Years left on Lease
Who is selling the property?
Sellers Name
The property is being sold with:
Any other Information please type your message below:
select 'accept' If you accept our Terms & Conditions below:
Home Potential
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 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 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 and 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 is 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previous correspondence or oral communications are to be regarded as superseded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.
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 Potential premises or the manufacturer premises (as
the case maybe).
5. ALTERATION TO CONTRACT AND CANCELLATION: If the Customer requests alterations
or change 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.
If you provide Home potential with incorrect, inaccurate, false or misleading information
you will be held liable to pay our fees once a contract has been made. 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
under take any work. This can be communicated by letter, e-mail or fax. Any cancellations
or refunds, other than in accordance with the cooling – off period of four working
days from the day the contract was concluded and you have received an acceptance
from Home Potential, will be at Home Potential discretion. A right to cancel do
not apply if the consumer have already received the work that is undertaken by Home
Potential, has been commission by the consumer before the cooling off period ends.
If Home Potential begin the preparation of the undertaken work in agreement with
the consumer.
6. DELIVERY: The Customer is responsible for and will indemnify Home Potential against
all Transportation, Insurance, and Warehousing, Demurrage or other similar costs
incurred in relation to the products after off-loading in the Port of Delivery and
any terms excluded from the price. The time given for delivery is to date from the
receipt by Home Potential of the customer's written order and of all necessary information
to enable Home Potential to put the work in hand. Home Potential will use its reasonable
endeavours to fulfil delivery dates quoted, promised or requested, but shall not
be liable for any damage or loss howsoever arising whether directly or indirectly
out of delay in delivery or occasioned in transit. Home Potential shall have the
right to despatch any proportion of work or the goods sold or agreed to be sold
separately and to invoice the Customer therefore on the same terms and conditions
as are herein set forth for the whole contract. Each proportion so despatched shall
for the purpose of payment, be deemed to be separate contract and may be invoiced
separately. Goods offered as ex-stock are offered for sale subject them being unsold
on receipt of the customers order.
7. 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.
8. RISK & TITLE: All goods and services are supplied to the Customers by Home
Potential on the following Terms: The goods and services shall remains 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 re-possession 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 notwithstanding 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.
9. PAYMENT: All Home Potential Customers will pay in advance for any work that is
to be undertaken by Home Potential. At Home Potential discretion, there may be exception
to any advance payment where customers will be notified in writing. All Accounts
Customer must paid Home Potential within seven 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. 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 shall not be liable in these
circumstances for any damages whatsoever.
10. RETURNS: The Customer shall examine the goods as soon as reasonably practicable
after delivery. The Customer shall notify Home Potential of any damage, loss or
shortage of the goods or work undertaken. Unless the Customer so notifies within
three working days after the date when the Customer became or ought reasonable to
have become aware of such damage, loss or shortage the Customer will be deemed to
have accepted the goods or work undertaken in satisfaction of the corresponding
order. Within three days of Home Potential request, the Customer will return any
damaged goods to Home Potential. In the event of the Customer wishing to return
goods for any reason whatsoever, permission for such returns must be first obtained
from Home Potential in writing. All returns goods accepted will be subject to a
handling charge. Any returned goods that are damaged will be subject to a repair
or replacement charge.
11. SPECICICATIONS & 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 are suitable
for the particular purpose for which they are required. Home Potential gives no
warranty that the goods will be suitable or fit for the specific purpose for which
they are required and all implied conditions and warranties to this effect are excluded.
12 . THIRD PARTY REPORT: The Customer will acknowledge and agree that specific preparation
of certain type of work will be necessary for Home Potential to undertake from third
Party on the Customer behalf. 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 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 believed to be professional and competence to do 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, and 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 in the 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 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 Potential 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 and 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. 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 Potential 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 o whoever nature, whether or not such
dispute involves Home Potential, its agents or its representatives. Breakdowns or
any other contingency beyond Home Potential 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. HOME POTENTIAL: Home Potential has the right to revise it Terms and Conditions
from time to time. At all time Home Potential will conform to the present day statue
Law. Any changes that Home Potential makes will comply with Statute Law of the present
day.
20. COMMUNICATION: All communication to be send to Home Potential trading address
which is: - 133 West Bromwich Road. Walsall. West Midlands. WS1 3HP. E-mail. enquire@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.