Terms & 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 Ltd.
  • ‘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

  1. 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

  1. 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:
  • The information in the Report reflects that available to us on the date the Report was produced.
  • 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.
  • The Report is produced for use in relation to individual domestic property transactions only and is for the Property supplied in the Order.
  • The Report is intended for the personal use of the Client.
  • In providing search reports and services we will comply with the Search Code

Liability and Insurance

  1.  
  • We shall not be liable for any acts or omissions of any party for whom we are not responsible.
  • 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 or another search firm involved will also be liable for any negligent or incorrect recording of that interpretation in the search report.
  • We accept liability for death or personal injury arising from our negligence.

4.1

We have insurance in place against negligence by us and with regard to information to be included in the Report. Our insurers in respect of the Report are: QBE/UK, 30 Fenchurch Street, London, EC3M 3BD

  • Where requested, the Regulated Local Search Information Accuracy Indemnity Search Insurance covers against:
  1. Any matter or matters which would have been disclosed in Part (R) of the Regulated Search and which was in existence on or before the date of Regulated Search which adversely affects the value of the Property but which was not disclosed in the Regulated Search due to the failure of the Local Authority to provide answers to questions raised in the Personal Search because of its failure to supply relevant information

2. Any matter or matters which would have been disclosed in the Parts (R) and (O) of the Regulated Search and which was in existence on or before the date of Regulated Search which adversely affects the value of the Property but which was not disclosed in the Regulated Search due to: (i) incorrect information being given to the Organisation by the Local Authority (ii) incorrect answers or failure to provide answers due to an error or omission on the part of the Organisation.

  • Please refer to the Regulated Local Search Information Accuracy Indemnity Policy attached where appropriate.
  • We assume that the value of the property does not exceed £2 million. It is the Customer’s responsibility of the to advise us at the time of requesting the search where the value of the property exceeds £2 million.

Copyright

  1. The copyright and intellectual property rights in the Report shall remain our property.
  2. The Customer and Client agree to respect and not to alter any trademark, copyright notice or trading name, which appears on the Report.
  3. 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

  1. 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. 

Independent dispute resolution

  1. If you make a complaint and we are unable to resolve it to your satisfaction you may refer the complaint to The Property Ombudsman scheme (website tpos.co.uk, email: admin@tpos.co.uk). We will co-operate fully with the Ombudsman during an investigation and comply with his final decision.

General

10. 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.

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