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
For leashold properties: Start Date of Lease
Years left on Lease
Printed copies CD Copies Deferred Payment Required?
Price of HIP
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:
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correspondence or oral communications are to be regarded as superseded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.