GENERAL TERMS AND CONDITIONS
- Definitions
1.1 the Company means PD Estates, whose principal place of business is
1.2 the Client means the person or persons, individual, firm or company to whom this contract is addressed.
1.3 the Seller means the developer, builder or other third party agent who is the primary seller of the property.
1.4 the Services means the services provided by the Company to the Client pursuant to this contract.
1.5 the Property means the property that the Client purchases following an introduction to a Seller by the Company.
1.6 the Partners of the Company means Mr Peter John Wood and Mr David Roger Wood who together formed the partnership of the Company.
- Formation of the Contract
2.1 These conditions shall form the basis of the contract between the Company and the Client. These conditions shall apply except so far as expressly agreed in writing by one of the Partners of the Company.
2.2 The acceptance of the Services by the Client shall constitute acceptance by the Client of these terms and conditions.
2.3 These general terms and conditions shall be subject to such special conditions as may be prescribed in writing by the Company to the Client either prior or at commencement of the contract.
2.4 In the event of any conflict, or apparent conflict, between the special conditions and the general conditions, the special conditions shall prevail.
2.5 Certain of the Services will be provided subject to the standard terms and conditions of the Seller. Such terms and conditions will inevitably include clauses limiting or excluding the Seller's liability to the Client. This contract shall be deemed to include and may be subject to such terms and conditions, which are available upon request.
2.6 These terms and conditions supersede all previous contract terms issued by the Company.
2.7 The construction, validity and performance of these terms and conditions and this contract shall be governed by English Law.
- Viewing Trips
3.1 As soon as the Company receives the Client's express agreement to book a viewing trip, whether verbally or in writing, a contract is commenced, and the client agrees to fulfil their obligation in every way concerning this contract.
3.2 The Company will arrange the viewing trip and notify the Client of all details including flight details and accommodation if so provided.
3.3 In certain circumstances, travel arrangements may be delayed or even cancelled for reasons beyond the Company's control. In such circumstances, if possible, the Company will endeavour to make alternative arrangements on the Client's behalf, but the Company shall not be liable to the Client in any way as a result of any losses suffered or expenses incurred by the Client in this regard. Any claims should be addressed to the relevant carrier.
3.4 The Company does not accept responsibility for visa or passport requirements, health formalities or other travel related matters.
3.5 The Client acknowledges the fact that it is their own responsibility to ensure they have sufficient travel insurance to cover them for the duration of the viewing trip.
3.6 The Client acknowledges the fact that the viewing trip, once booked by the Company, is heavily subsidised by the Company and the Seller, and as such agrees to pay back the full and true cost of the flights and any other prepaid accommodation or other services, should the Client be in breach of any of the following conditions.
3.6.1 The intimation by the Client, either in writing or verbally that they intend to cancel the viewing trip.
3.6.2 The flight cancellation by the Client, or failure to turn up at the airport to catch the relevant flight.
3.6.3 The Clients failure to attend to any appointments organised by the Company on behalf of the Client, whilst on the viewing trip.
3.6.4 Whilst on the viewing trip, the Client actively makes contact with another agent or Seller without the express written consent of the Company.
3.6.5 The client uses the viewing trip for purposes other than that of viewing properties on behalf of the Company, unless expressly agreed in writing by one of the Partners of the Company.
- Cancellation and Refund Policy
4.1 Once a Client has agreed either verbally or in writing that the Company can book a viewing trip on the Client's behalf, a legally binding contract is formed,
4.2 This legally binding contract cannot be cancelled by the Client, unless full payment is made to the Company as set out in clauses 3.6 (above).
4.3 The Company will only be liable to refund of monies paid by the Client to the Company in respect of viewing trips in the following instances:
4.3.1 If it is solely the fault of the Company that all or part of the viewing trip is cancelled.
4.3.2 If the Client agrees to purchase a Property whilst on a viewing trip. This refund of monies paid for the viewing trip will be made after we have received confirmation that contracts have been signed and the main deposit for the purchase of the Property has been paid by the Client.
4.4 All refunds and charges will be applied to the credit card or debit card used by the client to pay for the initial subsidised charge for the viewing trip.
- Purchase of a property
5.1 The introduction of the Client to a Seller of the Property freely selected by the Client constitutes a pure introduction service and no other. The Client acknowledges that the contract regarding purchases for erection and sale of the Property is a contract between the Seller and the Client. Whilst the Company uses all reasonable endeavours to ensure that the quality and integrity of the Sellers whom it introduces to the Client, the Company cannot accept any liability for any losses suffered by the Client resulting from any breaches by the Seller of its contractual obligations to the Client. Details and images of properties displayed within our brochures and on our website are set out as a general outline for guidance of intending purchasers and do not constitute part of an offer or contract.
- Payment of Invoices
6.1 Invoices raised by the Company should be paid within 14 days of the date of invoice. Any queries relating to any such invoice should be raised within 7 days of the date of invoice.
6.2 The Company reserves the right to charge interest at 4% per annum above the base rate from time to time in force by HSBC plc on all overdue invoices.
- Delivery of the Services
7.1 The Company will use all reasonable endeavours to provide the Services in a prompt and efficient manner, but due to the diverse nature of the Services and the fact that, in many cases, the Company is dependent upon third parties for carrying out of certain tasks, the timing of provision of the Services cannot be guaranteed. No liability will accepted for any loss suffered or caused through late delivery or non delivery of the Services and time of the delivery of the Services shall not be of the essence.
7.2 If however, a complaint does arise and where the Company has provided its services as an agent of a third party, any recourse that the Client will have will be solely against the third party.
7.3 The Company will not be liable for any failure to supply the Services resulting directly or indirectly from the Client's failure to provide the Company with correct information or instructions.
7.4 Subject to the limitations of liability set out above, the Company's liability to the Client for any loss or damage (other than those proved to be caused by the Company's direct negligence) which the Client may suffer is limited to a total amount equivalent to the amount payable to the Company under this contract, net of the sums required to be paid by the Company to third parties.
7.5 The Company shall not be liable for any consequential loss suffered by the Client or any third party in relation to this contract and the Client shall indemnify the Company in respect of any claim of any person in respect of any such consequential or indirect loss.
- Force Majeure
8.1 In certain circumstances, the provision of the Services may be delayed or cancelled for reasons beyond the Company's control, including but not limited to acts of war, strikes, accidents or fire. In such circumstances, the Company shall use its reasonable endeavours to make alternative arrangements on behalf of the Client, but it shall not be liable to the Client in any way as a result of any losses suffered by the Client in this regard. The Client may have a claim against the third party, subject to it's own trading terms and conditions.