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Terms & Conditions

Terms and Conditions

Definitions
1. In these terms and conditions, the following words shall have the following meanings:

  • 'We', 'us' and 'our' are references to Professional Search Services
  • 'Report' means local report prepared by us in respect of the Property
  • 'Property' means the address or location supplied by the Customer or Client in the Order for the Report
  • The 'Local Authority' means the local authority referred to in the Report
  • 'Order' means any request completed by the Customer or Client requesting the Report
  • 'Customer' means the person, company, partnership or other organisation placing an Order either on their own behalf as a Client, or as an agent for the Client
  • 'Client' means the seller, buyer, potential buyer and a lender in respect of the Property who is the intended recipient of the Report and has an actual or potential interest in the property

Agreement
2. We agree to supply the Report to the Client subject to these terms and the Client indicates their acceptance of these terms when placing an order for the Report or when relying on the information in the Report.

The Search Report
3. We will produce the Report with reasonable care and skill and it is provided to the Client on the basis that they acknowledge and agree to the following:

3.1 The information in the Report reflects that available to us on the date the Report was produced.

3.2 The information contained in a Report can change on a regular basis and we cannot be responsible to the Client for any change in the information after the date on which the Report was produced and sent to the Client or for any inaccuracies, omissions or errors on a public register.

3.3 The Report is produced for use in relation to individual domestic property transactions only and is for the Property supplied in the Order.

3.4 The Report is intended for the personal use of the Client.

3.5 Copies of the Report may be made for inclusion in a Home Information Pack, to comply with the provisions in the Home Information Pack (No 2) Regulations 2007 and the Housing Act 2004.

Liability and Insurance
4. We shall not be liable for any acts or omissions of any party for whom we are not responsible.

4.1 We accept liability for death or personal injury arising from our negligence.

4.2 We have insurance in place to meet the requirements of paragraphs 4 and 7 of Schedule 6 of the Home Information Pack (No 2) Regulations 2007 to protect the Client against negligence by us and with regard to information to be included in the Report. Our insurers in respect of the Report are: Hardy Conveyancing Insurances, 4th Floor, 40 Lime Street, London EC3M 7AW.

4.3

  • The Local Authority will be liable for any negligent or incorrect entry in the records searched.
  • We or another search firm involved in the preparation of this report will be liable for any negligent or incorrect interpretation of the records searched.
  • We will be liable for any negligent or incorrect recording of that interpretation in the search report.

Price and Payment
5. The price payable for the Report is inclusive of VAT, unless otherwise stated.

5.1 Unless the Customer and/or Client has an account with us for payment of the Reports, we must receive payments for Reports in full before the Report is produced.

Confidentiality
5.1 Unless the Customer and/or Client has an account with us for payment of the Reports, we must receive payments for Reports in full before the Report is produced.

Copyright
7. The copyright and intellectual property rights in the Report shall remain our property.

7.1 The Customer and Client agree to respect and not to alter any trademark, copyright notice or trading name, which appears on the Report.

7.2 The Customer and Client agree to indemnify us against any costs, claims and damage suffered by us as a result of any breach by them of the copyright terms in paragraphs 7 and 7.1.

Complaints Scheme
8. We subscribe to the Search Code and are registered with the Property Codes Compliance Board. We have a formal written complaints procedure for handling complaints speedily and fairly. Complaints under the Code may also be referred to the Independent Property Codes Adjudication Scheme www.propertycodes.org.uk

If you want to make a complaint, we will deal with it speedily and fairly. We will:

  • Acknowledge your complaint within 5 working days of receipt.
  • Try and resolve your complaint fully within 4 weeks of receipt. If there are valid reasons for consideration of the complaint taking longer, we will keep you fully informed in writing or via telephone or email as you prefer and you will receive a response at the very latest within 8 weeks.
  • Liaise with counselling organisations acting on your behalf, if you ask us to.
  • Send you a final decision on the complaint in writing.

If you are not satisfied with the final decision, you may refer the complaint to the Independent Property Codes Adjudication Scheme (IPCAS) and we will give you contact details. We will co-operate fully with the independent adjudicator during the consideration of a complaint by the IPCAS and comply with any decision.

Complaints should be sent to:
Nina Ascroft
Customer Services
Professional Search Services Ltd
244 Spendmore Lane
Coppull
Chorley
Lancashire
PR7 5DE
Phone: 01257 793613
E-mail: info@pssltd.org

IPCAS can be contacted at:
IDRS Ltd, 24 Angel Gate, City Road, London EC1V 2PT
Phone: 020 7520 3800
Fax: 020 7520 3829
E-mail: info@idrs.ltd.uk

General
9. If any of term is held to be invalid or unenforceable, that provision or part of that provision shall be taken to be removed from these terms and the remaining terms will continue in full force and effect.

9.1 These terms shall be governed by English law and shall be subject to the jurisdiction of the English Courts.

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