Terms and Conditions

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) HIP Fee: the amount charged for the supply of the Home Information Pack
d) The Company: Stanley Davis Group Limited
e) The Seller: the Seller of the Property or their legal representative

Part 1: Terms for supply of a Home Information Pack (HIP)

1. The Seller shall provide the Company with all data required in order to prepare and supply a HIP for The Property.
2. The Company shall deliver to The Seller a HIP for the Property named following receipt of payment (in cleared funds) of the applicable charges notified to the Seller for supply of the HIP and receipt of all necessary data from the Seller to enable us to compile the HIP.
3. The Seller acknowledges should he cancel an order for a HIP once the order has been accepted any refunds of payments made are at the Company’s discretion.
4. The Seller acknowledges that the Company is dependent upon the Seller and third parties for the provision of the documents and information required to produce each. 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 Seller or any third party in reliance on a HIP correctly compiled.
5. The Company does not exclude or limit its liability to the Seller for (a) death or personal injury caused by any negligent act or omission; or (b) fraudulent misrepresentation on the part of the Company or its employees.
6. The Company shall not be liable for any delay in performing or failure to perform any of its obligations under these terms caused by any event outside its reasonable control (including the failure of any third party to supply any information to be included in a HIP).
7. Other than as expressly set forth in these terms, a HIP is 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 HIP and all warranties, terms and conditions that would, but for this paragraph 7, be implied into these terms are hereby excluded.
8. The Company’s only liability to the Seller, 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 a defective HIP where that defect was solely caused by an act or omission of  the Company.
9. In no event shall the Company  be liable to the Seller under these terms for any of the following types of loss, whether arising in contract, tort (including liability for negligence), under statute or otherwise: (a) loss of business; (b) loss of revenue; (c) loss of profits; (d) loss of anticipated savings; (e)wasted expenditure; (f) loss of goodwill; (g) corruption or destruction of data; or (h) any indirect or consequential loss, including any indirect or consequential loss of the types referred to in this paragraph 9.  In no event shall the Seller raise any claim under these terms more than two years after the discovery of the circumstances giving rise to such claim.
10. Paragraphs 4-9 set out the Company’s entire financial liability under this Agreement (including any liability for the acts and omissions of its employees, agents and sub-contractors) to the Seller.
11. 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 or remedy of a third party which exists or is available apart from that Act.
12. These terms shall be governed by and construed 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.

Part 2: The Seller’s Responsibilities

1. The Seller agrees to be liable to us for any financial loss we sustain and any reasonable costs we incur in the event that he fails to notify us immediately of any fundamental change that may affect the production of the HIP.
2. The Seller may not transfer his rights under this agreement without the Company’s prior written consent. The Company reserves the right to assign, transfer or otherwise dispose of its rights under this agreement to any person without the Seller’s  consent.
3. This agreement is governed by English Law.

 

Part 3: Service Level Agreement

The Company will

1. Provide an online order system (“the System”) which is a secure encrypted system and will have access permissions according to the status of the user.
2. Produce one electronic copy of the HIP for the Seller, upon receipt of all the requested documentation. In the event the Seller requests hard copies, there will be a charge of £20 + vat per hard copy.
3. Acknowledge or decline Orders within 2 working hours of the Orders first being published or displayed on the System. Orders entered after 3.00pm will be acknowledged or declined by 10.am the following working day. The Company will also provide an order number which confirms that the HIP including the searches has been ordered.
4. Request further details to identify the Seller’s property where this is required in order to properly fulfill the Order and do so within 8 working hours of acknowledging the Order.
5. Use reasonable endeavours to complete a  HIP within 10 working days, subject to receiving completed forms back from the Seller and obtaining access from the Local Council to obtain a Search.  Notification will be sent to the Seller within 8 hours of the EPC being available for download.
6. Where some of the contents of the HIP are outstanding after 10 working days the Company  will produce a  HIP in electronic format.  A full HIP will be produced once all the remaining documents are made available.
7. Report to the Seller, via the online system, the status of the Order using the System within 8 working hours of any change in status.
8. Fulfill the services by emailing the completed HIP to the Seller.
9. Provide telephone and e-mail customer service support  between the hours of 9am until 5pm Monday to Friday with the exclusion of Bank and Public Holidays with a voicemail service to answer calls which cannot be taken during these hours. The Company will  return telephone messages left by the Seller within 8 working hours of the message being left. E-mails will be responded to within 8 working hours.
10. Use all reasonable means to ensure that the services are provided to the satisfaction of the Seller.
11. Provide professional indemnity insurance of £5m.
12. Be registered with the Property Codes Compliance Board as a subscriber to the Hip Code.

 

 


Hip 2 Sell is a trading name of Stanley Davis Group Limited.
Registered number 2413680. Registered office 41 Chalton Street, London, NW1 1JD