HIP SUPPLY AGREEMENT
DEFINITIONS:
In this agreement, the following definitions shall apply
a) The Property: the property in respect of which a Home Information Pack is being provided
b) HIP: A home Information Pack compiled pursuant to the Housing Act 2004
c) Estate Agent: the estate agency who are instructed by you to market the property for sale
d) HIP Fee: the amount that you are charged for the supply of the Home Information Pack
e) Credit/Debit Card Details: Details as provided by the Customer
Terms for supply of a Home Information Pack (HIP):
• In these terms, “HIPS” means home information packs. The requirements and contents for which are laid down pursuant to the Housing Act 2004 and “HIP” shall be construed accordingly.
• Customer shall provide to us all data required by it in order to prepare and supply a HIP for the named property .
• We shall deliver to the Customer a HIP for the named property promptly following receipt of payment (in clear funds) of the applicable charges notified to the Customer for supply of the HIP and receipt of all necessary data from the Customer to enable us to compile the HIP.
• Customer acknowledges that there is no right to cancel an order for a HIP once the order has been accepted by us. The charges paid by the Customer to us for supply of a HIP are non-refundable.
• Customer acknowledges that we are dependant upon the Customer and third parties for the provision of the documents and information required to produce each HIP and that each HIP is provided without the benefit of inspection of any properties or confirmation of data comprising the HIP. We shall be responsible for the compilation of the HIP and for ensuring that it contains all required documents and data, however, we accept no responsibility for any decisions made by the Customer or any third party in reliance on a HIP correctly compiled by us.
• We do not exclude or limit our liability to the Customer for (1) death or personal injury caused by any negligent act or omission; or (b) fraudulent misrepresentation on the part of us or our employees.
• We shall not be liable for any delay in performing or failure to perform any of our obligations under these terms caused by any event outside our reasonable control (including the failure of any third party to supply any information to be included in a HIP).
• Other than as expressly set forth in these terms, all HIPS are provided on an “as is” basis. To the fullest extent permissible by law, other than as expressly set forth herein, we do not make any warranties, representations or endorsements whatsoever with regard to the HIPS and all warranties terms and conditions that would but for this paragraph 8, be implied into these terms are hereby excluded.
• Only our liability to the Customer, whether based in contract, tort (including liability for negligence) arising from statute or otherwise, for all matters arising under this Agreement shall be the replacement of defective HIPS where that defect was solely caused by an act or omission by us.
• In no event shall we be liable to the Customer under these terms for any of the following types of loss, whether arising in contract, tort (including liability for negligence) under statute of otherwise: (a) loss of business; (b) loss of revenue; (c) loss of profits; (d) loss of anticipated savings; wasted expenditure; (e) loss of goodwill; (f) corruption or destruction of data, or: (g) any indirect or consequential loss, including any indirect of consequential loss of the types referred to in this paragraph 10. In no event shall Customer raise any claim under these terms more than two years after the discovery of the circumstances giving rise to such claim.
• Paragraphs 5-10 set out our entire financial liability under this Agreement (including any liability for the acts and omissions of its employees, agents and sub-contractors) to Customer.
• A person who is not a party to these terms shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce these terms but this shall not affect any rights of remedy of a third party which exists or is available apart from the Act.
• These terms shall be governed by and constructed in accordance with the laws of England and Wales and the parties hereby irrevocably submit to the exclusive jurisdiction of the courts of England and Wales .
Complaints Procedure
We have a formal written complaints procedure for handling complaints speedily and fairly and we will tell you what this is. If you wish to make a complaint, it will be handled as follows –
• The complaint will be acknowledged within 5 working days of receipt.
• A complaint will normally be dealt with fully within 4 weeks of its receipt. If there are valid reasons for the consideration taking longer, you will be kept fully informed in writing or via telephone or email as you prefer and receive a response at the very latest within 8 weeks.
• At your request, we will liaise with counselling organisations acting on your behalf.
• A final decision will be in writing or via email, as appropriate.
• If you are not satisfied with the final outcome, you may refer the complaint to the Independent Property Codes Adjudication Scheme and we will give you contact details.
• We will co-operate fully with the independent adjudicator during the resolution investigation and comply with any decision
Complaints should be sent to; Customer Services, Hip Supply Company. 3rd Floor, 180 Tottenham Court Road. London W1t 7PD.
IPCAS can be contacted at : IDRS Ltd. 24 Angel Gate. City road. London EC1V 2PT. Tel: 0207 520 3800. info@idrs.ltd.uk
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