HIPSEAL LTD TERMS AND CONDITIONS
1. Definitions and Declarations
1.1. ‘Seller’ means means the person or persons who have commissioned a Home Information Pack by completing and signing the Order form (‘the Order Form’) annexed hereto
1.2. ‘Hipseal’ means the HIPSEAL Ltd Co Regn. No. 6442529
1.3. ‘Hip’ means a Home Information Pack prepared in accordance with the Regulations
1.4. ‘Regulations’ means the Home Information Pack Regulations 2007 and any Regulations amending or replacing the same from time to time
1.5. ‘Property’ means the Sellers property for which a Hip has been ordered
1.6. ‘Order’ means the Sellers request to Hipseal for preparation of a Hip in accordance with the Order Form
1.7. ‘CD’ means a Computer Compact Disc
1.8. except where the context otherwise requires, words denoting the singular include the plural and vice versa; words denoting any gender include all genders; words denoting persons include firms and corporations and vice versa
2. Hipseal agreement
2.1. Conditional upon:
2.1.1. Provision of the properly completed Order Form by the Seller and
2.1.2. Payment by the Seller (in a form acceptable in all respects to Hipseal) for the Hip in accordance with the pricing requirements from time to time of Hipseal and
2.1.3. Provision of all necessary information papers documents and things required by Hipseal for production of a Hip Hipseal will prepare a Hip for the Seller in respect of the Property and in accordance with these conditions
3. Seller Agreement
3.1. The Seller promises and undertakes:
3.1.1. To provide to Hipseal all necessary information papers documents and things required by Hipseal for production of the Hip and to instruct his solicitors and any other advisors to release to Hipseal all information documents papers and things that Hipseal may reasonably require for preparation of the Hip
3.1.2. To pay to Hipseal promptly for the Hip in accordance with the terms of this Agreement andHipseal’s pricing requirements from time to time
3.1.3. To afford access at reasonable times to the Property to Hipseal its servants contractors Home Inspectors and all others properly authorised by Hipseal for all purposes reasonably required by Hipseal for preparation of the Hip.
3.1.4. To keep Hipseal notified of his current address from time to time and by the completion of the Order Form the Seller irrevocably instructs the Seller’s solicitors and any other appropriate third party to release and disclose to Hipseal the correct address and any other relevant details of the Seller
3.1.5. That the information given to Hipseal is true and accurate
3.1.6. If the Property is Leasehold to promptly pay the costs of the landlord/Management Company or other appropriate person or body for the production of the required leasehold information and documents for inclusion in the HIP and to keep Hipseal fully and effectively indemnified with regard thereto
3.1.7. To act in good faith at all times
3.1.8. Not to make or permit any alterations or additions to the Hip or the documents or information in the Hip or to delete or remove any part of the Hip or to modify or falsify the Hip or any part thereof
3.1.9. Not to use or permit the Hip to be used for any illegal immoral or antisocial purpose
3.1.10. To procure that the Hip is only used for the purposes set out by the Regulations and not for any other purpose
3.1.11. To keep Hipseal fully and effectively indemnified from and against any breach of these Terms and Conditions
4. Retainer
4.1. Subject to the Seller complying with his obligations under these terms and conditions and the Order form Hipseal will use its reasonable endeavours to prepare a basic Hip as required by the Regulations including the required documents only. Any additional information or documents may at the entire discretion of Hipseal be included in the Hip if Hipseal agrees and strictly subject to an additional payment by the seller to Hipseal
4.2. Hipseal shall provide the Seller with a Hard Copy of the Hip and 6 electronic versions of the Hip on CD. Any additional copies of the Hip either in hard copy or electronic format will be subject to further payments to Hipseal in accordance with its pricing requirements applicable from time to time.
4.3. Hipseal shall only be obliged to produce a Hip based on information and documents supplied by the Seller or his professional advisers and shall make the Hip available to the Seller within 14 days of receiving all the documents required by the Regulations
4.4. Hipseal is retained solely to collate (in the form of the HIP) the information and documents provided by the Seller and others and Hipseal does not warrant any of the information or the documents contained in the Hip are correct or comprehensive and accepts no responsibility or liability whatsoever with regard to the contents of the Hip.
4.5. Information contained in the Hip is time limited and will go out of date and Hipseal does not warrant that the documents and information within the Hip will remain current and valid after the Hip has been prepared
5. Limitation of Liability
The Seller agrees that, except as expressly provided in these Terms and Conditions Hipseal will not be under any liability of any kind whatsoever and howsoever caused arising directly or indirectly in connection with these Terms and Conditions or the Order. The Seller will indemnify Hipseal in respect of any third party claim for any injury, loss, damage or expense occasioned by or arising directly or indirectly from the Seller’s possession, operation, use, or supply to a third party of the Hip and any part of it, except and in so far as Hipseal is liable as expressly provided in these Terms and Conditions
6. Data Protection
The Seller acknowledges and agrees that Hipseal and others instructed by Hipseal may have access to all personal information for preparation of the Hip and consents to this and to the use of such personal information in the Hip.
7. Copyright
7.1. The copyright and all other proprietary rights whatever in the Hip and all materials developed under these Terms and Conditions will remain vested in and the absolute property of the Hipseal. The Seller will do all such acts and things as Hipseal may reasonably require for the purpose of preserving or perfecting such vesting.
7.2. Conditional upon payment to Hipseal of all sums due to it hereunder these Terms and Conditions will operate to grant to the Seller a non-exclusive and non-transferable licence to use the Hip for marketing the Property
8. Severability
If any part of these Terms and Conditions or the Order are found by a court or other forum of competent jurisdiction to be invalid, unlawful or unenforceable then such part will be severed from the remainder of this Agreement which will continue to be valid and enforceable to the fullest extent permitted by law
9. Entire Agreement
9.1. These Terms and Conditions and the Order are the complete and exclusive statement of the agreement between the parties relating to the subject matter of the agreement and supersede all previous communications, representations and other arrangements, oral or written.
9.2. The Seller acknowledges that no reliance is placed on any representation made but not embodied in these Terms and Conditions.
9.3. Except as otherwise permitted herein no change to the Terms and Conditions will be effective unless it is in writing and signed by persons authorised on behalf of both parties.
10. Force Majeure
Neither party will be liable for any delay in performing or failure to perform its obligations (other than a payment obligation) under these Terms and Conditions due to any cause outside its reasonable control. Such delay or failure will not constitute a breach of these Terms and Conditions and the time for performance of the affected obligation will be extended by such period as is reasonable.
11. Governing LawThis Agreement will be construed in accordance with and governed by the law of England and Wales and each party agrees to submit to the non-exclusive jurisdiction of the courts of England and Wales
HIPSEAL LTD TERMS AND CONDITIONS
1. Definitions and Declarations
1.1. ‘Seller’ means means the person or persons who have commissioned a Home Information Pack by completing and signing the Order form (‘the Order Form’) annexed hereto
1.2. ‘Hipseal’ means the HIPSEAL Ltd Co Regn. No. 6442529
1.3. ‘Hip’ means a Home Information Pack prepared in accordance with the Regulations
1.4. ‘Regulations’ means the Home Information Pack Regulations 2007 and any Regulations amending or replacing the same from time to time
1.5. ‘Property’ means the Sellers property for which a Hip has been ordered
1.6. ‘Order’ means the Sellers request to Hipseal for preparation of a Hip in accordance with the Order Form
1.7. ‘CD’ means a Computer Compact Disc
1.8. except where the context otherwise requires, words denoting the singular include the plural and vice versa; words denoting any gender include all genders; words denoting persons include firms and corporations and vice versa
2. Hipseal agreement
2.1. Conditional upon:
2.1.1. Provision of the properly completed Order Form by the Seller and
2.1.2. Payment by the Seller (in a form acceptable in all respects to Hipseal) for the Hip in accordance with the pricing requirements from time to time of Hipseal and
2.1.3. Provision of all necessary information papers documents and things required by Hipseal for production of a Hip Hipseal will prepare a Hip for the Seller in respect of the Property and in accordance with these conditions
3. Seller Agreement
3.1. The Seller promises and undertakes:
3.1.1. To provide to Hipseal all necessary information papers documents and things required by Hipseal for production of the Hip and to instruct his solicitors and any other advisors to release to Hipseal all information documents papers and things that Hipseal may reasonably require for preparation of the Hip
3.1.2. To pay to Hipseal promptly for the Hip in accordance with the terms of this Agreement andHipseal’s pricing requirements from time to time
3.1.3. To afford access at reasonable times to the Property to Hipseal its servants contractors Home Inspectors and all others properly authorised by Hipseal for all purposes reasonably required by Hipseal for preparation of the Hip.
3.1.4. To keep Hipseal notified of his current address from time to time and by the completion of the Order Form the Seller irrevocably instructs the Seller’s solicitors and any other appropriate third party to release and disclose to Hipseal the correct address and any other relevant details of the Seller
3.1.5. That the information given to Hipseal is true and accurate
3.1.6. If the Property is Leasehold to promptly pay the costs of the landlord/Management Company or other appropriate person or body for the production of the required leasehold information and documents for inclusion in the HIP and to keep Hipseal fully and effectively indemnified with regard thereto
3.1.7. To act in good faith at all times
3.1.8. Not to make or permit any alterations or additions to the Hip or the documents or information in the Hip or to delete or remove any part of the Hip or to modify or falsify the Hip or any part thereof
3.1.9. Not to use or permit the Hip to be used for any illegal immoral or antisocial purpose
3.1.10. To procure that the Hip is only used for the purposes set out by the Regulations and not for any other purpose
3.1.11. To keep Hipseal fully and effectively indemnified from and against any breach of these Terms and Conditions
4. Retainer
4.1. Subject to the Seller complying with his obligations under these terms and conditions and the Order form Hipseal will use its reasonable endeavours to prepare a basic Hip as required by the Regulations including the required documents only. Any additional information or documents may at the entire discretion of Hipseal be included in the Hip if Hipseal agrees and strictly subject to an additional payment by the seller to Hipseal
4.2. Hipseal shall provide the Seller with a Hard Copy of the Hip and 6 electronic versions of the Hip on CD. Any additional copies of the Hip either in hard copy or electronic format will be subject to further payments to Hipseal in accordance with its pricing requirements applicable from time to time.
4.3. Hipseal shall only be obliged to produce a Hip based on information and documents supplied by the Seller or his professional advisers and shall make the Hip available to the Seller within 14 days of receiving all the documents required by the Regulations
4.4. Hipseal is retained solely to collate (in the form of the HIP) the information and documents provided by the Seller and others and Hipseal does not warrant any of the information or the documents contained in the Hip are correct or comprehensive and accepts no responsibility or liability whatsoever with regard to the contents of the Hip.
4.5. Information contained in the Hip is time limited and will go out of date and Hipseal does not warrant that the documents and information within the Hip will remain current and valid after the Hip has been prepared
5. Limitation of Liability
The Seller agrees that, except as expressly provided in these Terms and Conditions Hipseal will not be under any liability of any kind whatsoever and howsoever caused arising directly or indirectly in connection with these Terms and Conditions or the Order. The Seller will indemnify Hipseal in respect of any third party claim for any injury, loss, damage or expense occasioned by or arising directly or indirectly from the Seller’s possession, operation, use, or supply to a third party of the Hip and any part of it, except and in so far as Hipseal is liable as expressly provided in these Terms and Conditions
6. Data Protection
The Seller acknowledges and agrees that Hipseal and others instructed by Hipseal may have access to all personal information for preparation of the Hip and consents to this and to the use of such personal information in the Hip.
7. Copyright
7.1. The copyright and all other proprietary rights whatever in the Hip and all materials developed under these Terms and Conditions will remain vested in and the absolute property of the Hipseal. The Seller will do all such acts and things as Hipseal may reasonably require for the purpose of preserving or perfecting such vesting.
7.2. Conditional upon payment to Hipseal of all sums due to it hereunder these Terms and Conditions will operate to grant to the Seller a non-exclusive and non-transferable licence to use the Hip for marketing the Property
8. Severability
If any part of these Terms and Conditions or the Order are found by a court or other forum of competent jurisdiction to be invalid, unlawful or unenforceable then such part will be severed from the remainder of this Agreement which will continue to be valid and enforceable to the fullest extent permitted by law
9. Entire Agreement
9.1. These Terms and Conditions and the Order are the complete and exclusive statement of the agreement between the parties relating to the subject matter of the agreement and supersede all previous communications, representations and other arrangements, oral or written.
9.2. The Seller acknowledges that no reliance is placed on any representation made but not embodied in these Terms and Conditions.
9.3. Except as otherwise permitted herein no change to the Terms and Conditions will be effective unless it is in writing and signed by persons authorised on behalf of both parties.
10. Force Majeure
Neither party will be liable for any delay in performing or failure to perform its obligations (other than a payment obligation) under these Terms and Conditions due to any cause outside its reasonable control. Such delay or failure will not constitute a breach of these Terms and Conditions and the time for performance of the affected obligation will be extended by such period as is reasonable.
11. Governing Law
This Agreement will be construed in accordance with and governed by the law of England and Wales and each party agrees to submit to the non-exclusive jurisdiction of the courts of England and Wales