Terms of Sale
 

Introduction

This page (together with our Privacy Policy) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the services (Services) listed on our website hosted at www.elvetpropertyservices.co.uk (our site) to you.

These Terms will apply to any contract between us for the sale of Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Services from our site.  Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Services from our site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 8. Every time you wish to order Services, please check these Terms to ensure you understand the Terms which will apply at that time. These Terms were most recently updated on 21/03/2019.

Are you a business customer or a consumer? In some areas you will have different rights under these Terms depending on whether you are a business or consumer. You are a consumer if:

  1. you are an individual; and
  2. you are buying services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

Information about us and how to contact us

  • Who we are. We operate our site. We are Elvet Construction Consultants Ltd a company registered in England and Wales. We trade under the names Elvet Construction Consultants and Elvet Property Services. Our company registration number is 06304855 and our registered office is at Unit 5 The Greenhouse, Greencroft Industrial Park, Annfield Plain, County Durham DH9 7XN. Our registered VAT number is 935441228.

  • If you are a consumer, to cancel a Contract in accordance with your legal right to do so as set out in clause 11, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our site.. If you use this method we will email you to confirm we have received your cancellation. You can also email us at support@elvetpropertyservices.co.uk or contact our Customer Services Team by telephone on 0330 0419031 or by post to Unit 5 The Greenhouse, Greencroft Industrial Park, Annfield Plain, County Durham DH9 7XN. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us.

  • If you are a consumer, and you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our Customer Service Team at  0330 0419031 or by emailing us at support@elvetpropertyservices.co.uk.

  • If you are a consumer, and we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.

  • How to contact us if you are a business customer. You may contact us by telephoning our customer service team at 0330 0419031 or by emailing us at support@elvetpropertyservices.co.uk. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 19.3.

Our Contract with you

  • Placing your order. Please follow the onscreen prompts to place an order. You may only submit an order using the method set out on our site. Each order is an offer by you to buy the services specified in the order (Services) subject to these Terms.  

  • Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.

  • How we will accept your order. Our acceptance of your order will take place when we email you to accept it (Order Confirmation), at which point and on which date a Contract will come into existence between you and us. The Contract will relate only to those Services confirmed in the Order Confirmation.

  • Your order number. We will assign an order number to your order and tell you what it is in the Order Confirmation. It will help us if you can tell us the order number whenever you contact us about your order.

  • If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not process your order. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Service or because we are unable to meet a delivery deadline you have specified. If you have already paid for the Services, we will refund you the full amount.

  • We only sell to the UK. Our site is solely for the promotion of our Services in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

Our Services

  • Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the Services described in them. They will not form part of the Contract or have any contractual force.

  • Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.

  • Time for performance. We will use all reasonable endeavors to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
Use of our site

Your use of our site is governed by our Terms of Website Use [INSERT LINK]. Please take the time to read these, as they include important terms which apply to you.

How we may use your personal information

  1. We will only use any personal information you provide to us to:
        1. provide the Services;
        2. process your payment for the Services; and
        3. inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
  2. Further details of how we will process personal information are set out in our privacy policy.

Your rights to make changes

If you wish to make a change to the Services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

Our rights to vary these Terms
      1. We amend these Terms from time to time. Please look at clause 1.4 to see when these Terms were last updated.
      2. Every time you order Services from us, the Terms in force at the time of your order will apply to the Contract between you and us.
      3. We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements and other relevant changes in circumstances.
      4. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel only in respect of the Services you have yet to receive. If you opt to cancel, we will arrange a refund of the price for the Services you have paid for but not yet received.
Our rights to make changes to the Services

We may change the Services to reflect changes in relevant laws and regulatory requirements.

Providing the Services
      1. When we will provide the Services. During the order process we will let you know when we will provide the Services to you. We will begin the Services on the date agreed with you during the order process. The estimated completion date for the Services is as told to you during the order process.
      2. We are not responsible for delays outside our control. If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Services you have paid for but not received.
      3. If you do not allow us access to provide Services. If you do not allow us access to your property to perform the Services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the Contract.
      4. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Services to you. If so, this will have been stated in the description of the Services on our site. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Your rights to end the Contract
      1. You can always end your Contract with us. Your rights when you end the Contract will depend on the Services and how we are performing them, when you decide to end the Contract and whether you are a consumer or business customer:
        1. If we have not performed the Services using reasonable skill and care or we have wrongly described the Services you may have a legal right to end the Contract (or to have the Services re-performed or to get some or all of your money back), if you are a consumer see clause 15.
        2. If you want to end the Contract because of something we have done or have told you we are going to do, see clause 11.2; and
        3. If you are a consumer and have just changed your mind about the Service, see clause 2.2. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
      2. Ending the Contract because of something we have done or are going to do. If you are ending a Contract for a reason set out at (a) to (d) below the Contract will end immediately and we will refund you in full for any Services which you have paid for but have not yet received and you may also be entitled to compensation. The reasons are:
        1. we have told you about an upcoming change to the Services or these Terms with which you do not agree to;
        2. we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
        3. there is a risk that supply of the Services may be significantly delayed because of events outside our control; or
        4. you have a legal right to end the Contract because of something we have done wrong.
      3. If you are a consumer, your right as a consumer to change your mind does not apply in respect of Services, that have been completed, even if the cancellation period is still running.  
      4. If you are a consumer, you have fourteen (14) days after the date of the Order Confirmation to cancel your order. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started to provide the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
How to end the Contract with us

This clause 12 only applies if you are a consumer.

    1. To end the Contract with us, please let us know by doing one of the following:
      1. Phone or email. Call the Customer Services Team on  0330 0419031 or email us at support@elvetpropertyservices.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
      2. Online. Complete the form on our site by clicking here. If you use this method we will email you to confirm we have received your cancellation.
      3. By post. Print off the form here and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.

      1. How we will refund you. If you are entitled to a refund under these Terms we will refund you the price you paid for the Services by the method you used for payment. However, we may make deductions from the price, as described below.
      2. When we may make deduction from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the Services for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
      3. When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within fourteen (14) days of your telling us you have changed your mind.
Our rights to end the contract
      1. If you are a consumer, we may end the Contract for a Service at any time by writing to you if:
        1. you do not make any payment to us when it is due and you still do not make payment within fourteen 14 days of us reminding you that payment is due;
        2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example, provide us with key codes necessary to obtain access to your premises; or
        3. you do not, within a reasonable time, allow us access to your premises to supply the Services.
      2. If you are a business customer, without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
        1. you commit a material breach of any term of the Contract and (if such breach is remediable) fails to remedy that breach within ten (10) Business Days of you being notified in writing to do so;
        2. you fail to pay any amount due under the Contract on the due date for payment;
        3. you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business; or
        4. you  suspend, threaten to suspend, ceases or threatens to cease to carry on all or a substantial part of your business.
      3. Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
      4. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.  

If there is a problem with the Services

How to tell us about problems.

    1. If you have any questions or complaints about the Services, please contact us. You can telephone our customer service team at 0330 0419031 or write to us by email at supporter by post at Unit 5 The Greenhouse, Greencroft Industrial Park, Annfield Plain, County Durham DH9 7XN.

Alternative dispute resolution

    1. If you are a consumer, we will seek to address any complaints you may have under our Complaints Handling Policy which can be found at here. We are registered with The Centre for Effective Dispute Resolution (CEDR) and, if you are not happy with how we have handled any complaint, you are entitled to register your complaint free of charge at www.cedr.com/consumer/rics/.

In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

      1. If you are a business customer, all complaints will be addressed under our Complaints Handling Policy.
Your rights in respect of defective Services if you are a consumer

This clause 15 applies only if you are a consumer.

      1. We are under a legal duty to supply Services that are in conformity with the Contract. See clause 15.2 below for a summary of your key legal rights in relation to the Services. Nothing in these Terms will affect your legal rights.
      2. Your key legal rights are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Where you order Services, the Consumer Rights Act 2015 says:
        1. You can ask us to repeat or fix the Services if they are not carried out with reasonable care and skill, or get some money back if we can't fix it;
        2. If you haven't agreed a price beforehand, what you're asked to pay must be reasonable; and
        3. If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
Price and payment
      1. The price of the Services (which includes VAT) will be the price indicated on the order page when you placed your order. We take all reasonable care to ensure that the price of the Services advised to you is correct. However please see clause 16.2 for what happens if we discover an error in the price of the Services you order.
      2. It is It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Service's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Service's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
      3. If you are a business customer, if we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the Contract and refund you any sums you have paid.
      4. How you must pay. You can only pay for Services using a debit card, credit card or via a PayPal account.   
      5. When you must pay. Payment for the Services and any applicable delivery charges is in advance. We will not charge your debit card, credit card or PayPal account until we issue your Order Confirmation.
Our liability if you are a consumer

This clause 17 only applies if you are a consumer.

      1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
      2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services including the right to receive Services which are: as described and match information we provided to you; supplied with reasonable skill and care and, where installed by us, correctly installed.
      3. When we are liable for damage to your property. If we are providing Services at your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Services.
      4. We are not liable for business losses. If you are a consumer we only supply the Services to you for domestic and private use. If you use the Services for any commercial, business or resale purpose our liability to you will be limited as set out in clause 18.
Valuation of Residential Property

This clause 18 only applies if you have purchased a residential valuation.

    1. Definitions:
      1. The Client (or Customer)

The person/s to whom the Valuation Report is to be addressed.

      1. The Firm

The Valuation Firm which is contractually responsible for the provision of the valuation service:

Elvet Construction Consultants Ltd, trading as Elvet Property Services

The Greenhouse, Greencroft Industrial Park, Annfield Plain, DH9 7XN.

      1. RICS

The Royal Institution of Chartered Surveyors

      1. RICS Red Book (currently called ‘RICS Valuation – Professional Standards January 2014 Edition’)

This publication sets out the professional standards as codified by RICS under which each Valuation or similar service and the Report are required to be undertaken.  The Firm will conform to the latest version of these professional standards and unless stated otherwise, will also conform to the requirements of the Mortgage Specification where relevant.

      1. The Surveyor

The Surveyor selected by the Firm who will be an appropriately qualified RICS member and registered under the RICS Valuer Registration Scheme.  The Surveyor will be an employee of the Firm or an owner of the firm or an employee or associate of an owner. The Surveyor will have the skill, experience and local knowledge to undertake the instruction, and will be adequately equipped to inspect the property and to produce and sign the Report.

      1. Market Value (MV) (as prescribed by RICS):

‘The estimated amount for which an asset or liability should exchange on the valuation date between a willing buyer and a willing seller in an arm’s length transaction, after proper marketing and where the parties had each acted knowledgeably, prudently and without compulsion.’   

      1. Market Rent (MR) (as prescribed by RICS):

‘The estimated amount for which an interest in real property should be leased on the valuation date between a willing lessor and a willing lessee on appropriate lease terms in an arm's length transaction, after proper marketing and where the parties had each acted knowledgeably, prudently and without compulsion.’

      1. Projected Market Value (PMV) (as prescribed by RICS):

‘The estimated amount for which an asset is expected to exchange at a date, after the valuation date and specified by the Valuer, between a willing buyer and a willing seller, in an arm’s length transaction after proper marketing and where the parties had each acted knowledgeably, prudently and without compulsion.’

      1. Currency

Monetary amounts shall be reported in Pounds Sterling (GBP/£) unless otherwise agreed in writing.

      1. ‘In writing’

With regard to terms being agreed in writing, this shall include exchanges of letters and memoranda, electronically traceable and recordable data, such as faxes and emails, but it shall exclude text messages on mobile phones.

      1. Valuation Date

The date upon which the valuation applies which shall be the date of inspection of the property unless otherwise stated.

    1. Purpose of the Report
      1. The purpose for which the valuation is required shall be to provide an opinion of the value of the Freehold/Leasehold interest in real estate property, as specified by the Client and the Firm in respect of the subject property, the address of which is stated above.  
      2. The Firm shall provide to the Client a report setting out the Surveyor’s opinion of the value of the relevant interest in the property.  Our valuation is provided for your benefit alone and solely for the purpose of the instruction to which it relates. The valuation may not, without the Firm’s written consent, be used or relied upon by any third party, even if that third party pays all or part of the Firm’s fees, or is permitted to see a copy of our valuation report.  If the Firm provides written consent to a third party relying on the valuation, any such third party is deemed to have accepted the terms of our engagement. Neither the whole nor any part of the report or any reference to it may be included in any published document, circular or statement nor published in any way without the Firm’s written approval of the form and context in which it may appear.
      3. It is confirmed that the Surveyor has no known interest in the property or any other conflict that will prevent the valuation being undertaken and that the Surveyor chosen to undertake this work has knowledge of this area and the appropriate expertise for the type of valuation required. If the Client has provided additional information or advised the Surveyor to contact a third party for further information, it is implicit that the Firm may safely rely on that information.
      4. Unless otherwise specifically agreed in writing, the value advised by the Surveyor shall be in accordance with one or more of the following Valuation bases, as defined above:

Market Value (MV)

Market Rent (MR)

Projected Market Value (PMV)

      1. If the Client requests an Insurance Value it will be on the following basis:

The reinstatement cost figure for the permanent buildings is provided for insurance purposes and is not directly related to the market value of the property. Unless the Surveyor has access to particular cost information relating to the property or the locality, the reinstatement cost will be calculated by reference to the indices and guidance published by the Building Costs Information Service (BCIS). The figure stated will only include Value Added Tax on professional fees (not on building costs) and will not take into account other potential or consequential losses such as costs of alternative accommodation.

The reinstatement cost figure should be revised annually or when any significant alterations or extensions are undertaken.

Where a flat is the subject of the inspection, the figure which will be given will be for the subject property only and it will be assumed that the Client's legal adviser will confirm what appropriate alternative arrangements will require to be made.

NB:  an explanation of the definitions is available from the Surveyor’s office if requested.

    1. Inspection and Reporting Assumptions and Limitations
      1. The Surveyor shall, unless otherwise expressly agreed, rely upon information provided to him/her by the Client or the Client’s legal or other professional advisers relating to tenure, tenancies and other relevant matters.  It is the responsibility of the Client to ensure this information is accurate and to advise the Surveyor if it is not.
      2. It is stressed that the Client has requested the Firm to provide a Valuation only service.  The Surveyor will have regard to the apparent state of repair and condition of the property but will be under no duty to carry out a structural survey of the property nor to inspect woodwork or other parts of the structure which are covered, unexposed or inaccessible and will not undertake the testing of electrical, heating or other services.  Furthermore, he/she will be entitled to assume that an inspection of such areas would not reveal defects of sufficient magnitude to require him/her to make a material adjustment to his/her valuation. This report must not be confused with the more thorough Homebuyer Report or a Building Survey.
      3. In the course of his/her report, the Surveyor will draw attention to communal aspects of flats and will comment on shared driveways etc, but only to the extent where these may have an effect upon value.
      4. In making the report, the following assumptions will be made:
  1. no high alumina cement concrete or calcium chloride additive or other potentially deleterious material was used in the construction of the property or has since been incorporated;
  2. the property is not vulnerable to radon gas pollution;
  3. the property is not subject to any unusual or especially onerous restrictions, encumbrances or outgoings and that good title can be shown;
  4. the property and its value are unaffected by any matters which would be revealed by a local search and replies to the usual enquiries, or by any statutory notice, and that neither the property, nor its condition, nor its use, nor its intended use, is or will be unlawful; and
  5. the inspection of those parts which have not been inspected would neither reveal material defects nor cause the Surveyor to alter the valuation materially;
  6. unless otherwise stated, roads, sewers and services outside the curtilage of the property are the responsibility of the Local Authority or other statutory body.  It is further assumed, unless otherwise stated, that all services, roads etc, are available under normal terms;
  7. the property is being sold with vacant possession and, unless otherwise stated, for owner occupation;
  8. that further investigation into Planning Permission, Building Regulation, hazardous materials, onerous restrictions etc, will not reveal anything sufficiently adverse as to materially affect the value;
  9. any other assumptions will be clearly stated in the report, however, the Surveyor shall be under no duty to verify these assumptions.
    1. NB: Asbestos and other hazardous materials: The construction of property, especially during the 20th Century and particularly the finishes used, may have contained hazardous materials; these are impossible to detect without specific tests and these are beyond the scope of this report.  There is a strong possibility that property built or modernised during this period may contain asbestos in one or more of its components or fittings. The use of asbestos has been extremely diverse, from acting as an insulant in boilers to being added to decorative finishes to improve the binding. It is frequently unexposed and as it was used as an additive to products such as cement-based guttering and insulation and roofing sheeting, its presence can only be confirmed by testing.  It is beyond the scope of this inspection to test for asbestos. Should there be any particular concerns about these matters a specialist should be engaged to undertake appropriate tests. Asbestos becomes a particular health hazard when its fibres are released into the air. Therefore, it should not be disturbed, sanded ready for decorating, drilled, cut etc and should only be removed by experts.
    2. Limitation of Liability
      1. The Client hereby accepts that any claim for losses arising in connection with any matter under the Terms of Engagement must be brought against the Firm, irrespective of whether such claim is made in respect of alleged breach of contract, or breach of duty of care, or in respect of any alleged tortuous act or omission.
      2. Furthermore, the Client accepts that any claim for such losses must be notified to the Firm within six years of the date of the valuation.
      3. None of the Firm’s employees, partners, affiliates or consultants individually has a contract with the Client or owes the Client or the prospective purchaser or any other party a duty of care or personal responsibility. The Client therefore agrees not to bring any claim against any such individuals personally in connection with the services provided.  Whilst the Firm’s employees are protected by this clause under the Contracts (Rights of Third Parties) Act 1999, it is agreed between the Client and the Firm that these Terms and Conditions (including this clause) may be varied by mutual consent at any time, without the need for the Firm to seek leave or permission from its employees. To the extent that any part of this notification is a restriction of liability within the meaning of Section 1 of the Unfair Contract Terms Act 1977, it does not apply to death or personal injury resulting from negligence.  
      4. The Firm’s entire financial liability (including that of its employees etc, as set out above) is hereby limited to £1,000,000 (One Million Pounds) in as far as such limitation is lawful.
      5. These Terms of Engagement do not include any warranties, conditions and other terms except as stated herein and as required by law. The valuation figure(s) will be provided after diligent consideration and research but property values are subject to fluctuation and the valuation process is inexact and thus the Surveyor’s opinion is subject to a degree of tolerance depending on the property and the availability of comparable evidence. Valuations for mortgage purposes are provided to assist the Client in making a prudent lending decision: they are not provided as some form of guarantee of value.
      6. Where loss is suffered by the Client for which the Firm and a third party or any other party are jointly responsible, any recoverable loss by the Client from the Firm will be proportionate to the Firm’s relative contribution to the loss suffered.
      7. Where the Client is composed of more than one entity, then the Client’s liability will be joint and several with such other entity or entities.
      8. Nothing in these conditions shall limit or exclude the Firm’s liability for:
  1. Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;        
  2. Fraud or fraudulent misrepresentation; or  
  3. Breach of the terms implied by Section 2 of the Supply of Goods and Services Act 1982 (Title and Quiet Possession).

Our liability if you are a business

This clause 19 only applies if you are a business customer.

      1. Nothing in these Terms shall limit or exclude our liability for:
        1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
        2. fraud or fraudulent misrepresentation;
        3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or
        4. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
      2. Subject to clause 18.1, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
        1. for any loss of profit, sales, business or revenue;
        2. loss or corruption of data, information or software;
        3. loss of business opportunity;
        4. loss of anticipated savings;
        5. loss of goodwill; or
        6. any indirect or consequential loss.  
      3. Subject to clause 18.2, our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 150% of the price paid for the Services.
      4. Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.
Communications between us
    1. When we refer, in these Terms, in writing, this will include email.
    2. If you are a consumer, you may contact us as described in clause 2.2.
    3. If you are a business customer:
      1. any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or email.
      2. a notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by email, one (1) Business Day after transmission.
      3. in proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

Other important Terms
      1. Authority to enter into the Contract:
    If you are a consumer, you may only purchase Services from our site if you are at least 18 years old.
    If you are a business customer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Services.
        1. Entire Agreement. If you are a business customer, these Terms and our Privacy Policy and Terms of Website Use constitutes the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
        2. We may transfer this Agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this.
        3. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
        4. Nobody else has any rights under the Contract. The Contract is between you and us. No other person shall have any rights to enforce any of its Terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.
        5. If a court finds part of the Contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
        6. Even if we delay in enforcing the Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.
        7. Governing law and jurisdiction.
          1. If you are a consumer, please note that the Contract and these Terms are governed by English law. This means a Contract for the purchase of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
          2. If you are a business customer, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
          3. If you are a business customer, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

      [March 2019]

      To view our Terms of Sale as a PDF, click here.