Terms and Conditions

By using this site or commissioning a Hi Pack Inspector Home Information Pack, you agree to be bound by the following Terms and Conditions (Hi Pack Inspector have the right to revise and amend these Terms and Conditions from time to time. You will be subject to the Terms and Conditions in force when your order for a Home Information Pack to be compiled has been accepted):

1 DEFINITIONS

“Confirmation of order” means either when we confirm acceptance of your order whether by telephone, facsimile or electronic means or when we supply you with the HIP.

“Estate Agent” the estate agency who are instructed by you to market the Property for sale

“HIP” a Home Information Pack compiled pursuant to the Housing Act 2004 (including current regulations)

“Hip Fee” the amount that you are charged for the supply of the Home Information Pack

“Intellectual Property Rights” means any enforceable intellectual property right including without limitation copyright, database right, trademark, patent, trade secret or design right.

“Order” means your request for us to provide the HIP, which you place by completing an “Order Form” and sending it to us by facsimile, post or by electronic means or orally confirming the details of the order by telephone.

“Order Form” means our “Order Form”

“The Property” the property in respect of which a HIP is being provided

“Services” mean our supply of a Hip to you.

“Us/ we/our” mean Hi Pack Inspector Ltd

“Working Day” means Mondays to Saturdays except bank and public holidays.

"Service Level, Level of Service or Package" this means bronze, silver or gold package

"Customer or client" means person commissioning HIP from Hi Pack Inspector for the purchase of their property

2 LIABILITY

2.1 We cannot accept any liability for any error in a HIP, which is based on any error or inaccuracy in a public register. Nor will be liable for any information contained within a HIP, which is based on information that we have obtained from a third party (not being information derived from the public register).

2.2 We cannot accept any responsibility for any inaccuracy or error in the HIP that is based on incomplete or inaccurate information supplied by you.

2.3 Subject to any other provisions in these Conditions, we will not be liable to you for any loss, damage, costs or expenses caused directly or indirectly by a delay in delivery to you (even if caused by our negligence).

2.4 We will not be liable for any loss of actual or anticipated profits or savings, loss of business, loss of opportunity or for any special, indirect or consequential loss whether arising from a breach of these Conditions or negligence in performing the Services even if we were advised of or knew of any likelihood of such loss occurring

2.5 Our entire aggregate liability to you for direct loss arising from our being in breach of these Conditions or negligent in the course of performing the Services will not exceed the cost of the HIP.

3 SERVICE LEVELS

3.1 Hi Pack Inspector will provide the service according to the service level agreed at the time of purchase

3.2 The customer may change their level of service at any time before completion of there HIP, subject to increase of monetary value being paid

3.2 We reserve the right to change the elements within the service levels at any time and these changes will be published on our web sites

4 APPOINTMENT OF DOMESTIC ENERGY ASSESSOR

4.1 Actual appointments with vendor to be made by Hi Pack Inspector or their appointed assessor only

4.2 Hi Pack Inspector assessors will carry out all property inspections with minimum disruption to client at a stated appointment date/time as agreed with client

4.3 The client must allow unrestricted access to all parts of the property to be sold. Failure to do this will result in an incomplete assessment incurring full payment fees. If a further appointment is therefore deemed necessary full fees will again be charged

4.4 Hi Pack Inspector assessors will NOT enter a property if such property and/or occupants, pets etc pose a danger to the assessor. In such circumstances full fees for missed appointments will be charged

4.5 If a failed appointment time is not met by client then full fees are payable

4.6 24 hours notice will be required to cancel any confirmed appointment. Confirmed appointments cancelled with less than 24 hours notice are subject to full fees

4.7 It remains Hi Pack Inspectors responsibility to inform client of Cancellation Fees and subsequent additional fees should they occur

4.8 Hi Pack Inspector to allow 3 working days from date of appointment for delivery of the Energy Performance Certificate

4.9 The Energy Performance Certificate will remain the property of Hi Pack Inspector until payment is received in full

5. HI PACK INSPECTOR'S SERVICES

5.1 Hi Pack Inspector reserves the right to revise or withdraw any of the services provided by us without notice. We also reserve the right to make changes to our prices without notice.

6 PRICE AND PAYMENT

6.1 The price of our Home Information Packs will be that quoted on our web site via email or over the telephone and will be confirmed in writing via email. Payment for our Home Information Packs may be made on our web site over the telephone or by forwarding cleared funds to us at our registered address.

7 COMMISSIONING A HOME INFORMATION PACK

7.1 An offer for the commission of a Home Information Pack can be made on our web site via email or over the telephone. A binding contract to supply a Home Information Pack will be formed upon payment of the relevant fees and work on the compilation of the Home Information Pack has commenced.

8 RIGHTS OF CANCELLATION

8.1 Prior to works beginning on the compilation of the Home Information Pack, you can withdraw the offer for us to compile the Home Information Pack, subject to an admin fee. After work has commenced, cancellations will be possible upon payment of an admin fee and payment of all third party costs incurred by us in conjunction with the commissioned Home Information Pack. Cancellations must be made in writing via email. Hi Pack Inspector reserves the right to refuse to accept or suspend an order for the compilation of a Home Information Pack if it believes that it would not be reasonable to accept the order or continue compiling the Home Information Pack. The reason for the cancellation/ suspension will be communicated in writing within 48hours.

9 LEASEHOLD/COMMONHOLD INFORMATION

9.1 You may incur additional costs in obtaining information to send to us for our inclusion in the Home Information Pack. An example of such costs might be Landlords or Managing Agents charges for providing statements of accounts for the last three years in relation to service charges and other leasehold information. Another example of such costs might be managing agent's charges for providing copies of requests for payment in respect of common holdassignment. Any such costs are not included in our charges. We cannot be held liable for the loss of the documents sent to us for inclusion. We recommend that copies be made of the documents prior to sending.

10 ACCURACY OF INFORMATION PROVIDED BY YOU

10.1 The Information you provide us will form part of the Home Information Pack. The Home Information Pack will be relied upon by third parties. You must ensure that all the information provided by you is factual, correct, accurate, complete and valid.

11 ACCURACY OF INFORMATION OBTAINED FROM THIRD PARTIES

11.1 Included in a Home Information Pack are documents that will be obtained from third parties. Hi Pack Inspector shall use all reasonable endeavours to obtain any such documents from suitably qualified and experienced third parties whom it believes to have the relevant degree of expertise and appropriate professional standing. Hi Pack Inspector cannot be held liable for any errors/omissions in any such document or any delays caused as a result of late receipt of the documents.

12 INTELECTUAL PROPERTY RIGHTS

12.1 All intellectual property rights pertaining to this web site in any documents distributed to clients or prospects and in our Home Information Packs shown or others distributed by Hi Pack Inspector Ltd or H1P.co.uk

13 TRANSFER OF RIGHTS AND OBLIGATIONS

13.1 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, or any Home Information Pack, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. Only the parties to a Contract may seek to enforce its terms.

14 EVENTS OUTSIDE OUR CONTROL

14.1 Hi Pack Inspector will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract caused by events outside our reasonable control.

15 LAW AND JURISDICTION

15.1 These terms and conditions and any Contracts entered into through this site will be governed by English law.

Registered Office:
Hi Pack Inspector Limited
Bridge House, Ashley Road
Hale
WA14 2UT
United Kingdom

Company Registration: 06337352

e-mail: info@hipackinspector.co.uk