Terms and ConditionsPSS (Yorkshire) Limited
STANDARD TERMS AND CONDITIONS
Effective 1st June 2008
For the purposes of these terms and conditions any references to (PSS) or ‘the company’ means PSS (Yorkshire) Limited and any third party organizations, associates, partners or employees used during the course of legitimate (PSS) business. Any reference to the ‘client’ means the vendor, the purchaser or the purchaser’s lender. Please note, where the vendor or the purchaser have instructed a third party to act as their agents (such as an estate agent or a solicitor), these parties will not be treated as ‘clients’
1. (PSS) provides Conveyancing Searches and other Conveyancing related products. We are neither Process Servers nor Enquiry Agents.
2. (PSS) services are restricted to UK based properties only.
3. Unless otherwise agreed, all instructions must be in writing and include the full postal address, location plan and the appropriate fee.
4. Instructions received after 4.30pm will be treated as being received on the next working day.
5. Should no location plan be provided, (PSS) will still fulfil the requested service but will not accept responsibility for any errors or omissions in the results.
6. (PSS) undertakes to ensure that personal searches information will only be obtained by fully trained staff, or associates experienced in carrying out Local Authority Searches.
7. All personal searchesare carried out by (PSS) or approved partners .
8. In carrying out a personal search (PSS) will inspect all public and other registers made available by the local authority and any other relevant organisations.
9. Unless specifically requested search reports will only include information on the property named in the instruction.
10. Only Planning Register entries dated 1 January 1980 or later will be revealed
11. Where additional information is required and forms an essential part of a search request, it is the obligation of the client to inform (PSS) at the outset. E.g. Optional Enquiries
12. Where such information is readily available at no cost, it will be included within the results of a standard search. Where this is not the case, an additional fee may be payable
13. Where it is only available at an additional cost/time element (PSS) undertakes to inform the client of any additional fees that may be chargeable for obtaining such information.
14. In the event of the client requesting ‘copy documents’, a fee will be charged based on the cost/time elements of obtaining said documents and any local authority disbursement. (PSS) undertakes to inform the client of such fees at the time of the request.
15. (PSS) aims to complete all services within five working days. However, where this is not possible due to external factors e.g. local authority appointment systems, PSS will provide an estimated completion date.
16. Where (PSS) is aware in advance, that there may be a delay in completing the instruction, (PSS) undertakes, wherever possible, to inform the client at the outset. In all other circumstances, (PSS) undertakes to inform the client within twenty-four hours of becoming aware of any such delay.
17. Where the delay is due to external factors (PSS) does not accept liability for any loss, financial or otherwise, incurred by the client, as a result of said delay.
18. Results will be typed and submitted in the (PSS) standard report format, (sample reports are available on request),
19. Search Reports and general business documents will be returned electronically or by fax; As a carbon neutral organisation (PSS) does not provide hard copies as standard
20. The information has been obtained by an inspection of public records and other legitimate sources available in the public domain. (PSS) accepts no responsibility for revealing incomplete or inaccurate information.
21. In addition, any defect or inaccuracy in the reports provided by (PSS) must be notified to (PSS) in writing by the client within seven days of the error being discovered. In the event that such notice is not given, the client shall be deemed to have been satisfied with the performance of (PSS).
22. In the event that the client suffers loss as a result of the negligence or otherwise, the liability of (PSS) will be limited to an amount not exceeding the value of the product described.
23. Unless otherwise agreed standard payment terms are cash or credit card with the instruction
24. Alternative terms by agreement only with Trade accounts: Payment on receipt of invoice; these will be submitted with results, or
25. Payment on receipt of monthly statement: Please note all invoices on the statement are immediately payable on receipt of the statement. We reserve the right to charge outstanding sums at 1.75% monthly and to recover costs associated with the same.
26. All products remain the property of (PSS) until all agreed terms have been fulfilled
27. (PSS) reserves the right to withhold any results until payment has been received
28. All search documentation provided by (PSS) is governed by copyright law and as such is for the sole use of the client and may not be copied, sold or otherwise distributed without the express written permission of (PSS).
29. All information held by (PSS) is covered by the Data Protection Act
30. Each search is deemed to be an individual contract governed by English Law