Terms & conditions - Home Information Packs (HIPs)

Distance selling – HIPs

Conveyancing Network complies with the distance selling regulations and as such we must inform you that our service begins immediately upon a payment being taken. No cooling off period or refunds can be given as we enter into legally binding contracts with the Government on your behalf, which cannot be changed or cancelled.

By giving Conveyancing Network your card payment details, or by making any other form of payment to Conveyancing Network, you agree to be bound by these Terms and Conditions.

HIP - Supply Agreement

DEFINITIONS:
In this agreement, the following definitions shall apply

Terms for supply of a Home Information Pack (HIP)

1. In these terms, "HIP" means a Home Information Pack, the requirements and contents for which are laid down pursuant to the Housing Act 2004 and "HIP" shall be construed accordingly.
2. The customer shall provide us with all data required in order to prepare and supply a HIP for the property.
3. We shall deliver to the Customer a HIP for the property promptly following receipt of payment (in cleared funds) of the applicable charges notified to the customer for supply of the HIP and receipt of all necessary data from the customer to enable us to compile the HIP.
4. You acknowledge that you have no right to cancel an order for a HIP once the order has been accepted by us. The charges paid by you to us for supply of a HIP are non-refundable. 
5. You acknowledge that we are dependant upon you and third parties for the provision of HIP documents and information required to produce each HIP and that each HIP is provided without the benefit of inspection of any properties or confirmation of data comprising the HIP. We shall be responsible for the compilation of the HIP and for ensuring that it contains all required documents and data, however, we accept no responsibility for any decisions made by you or any third party in reliance on a HIP correctly compiled by us.
6. We do not exclude or limit our liability to you for (a) death or personal injury caused by any negligent act or omission; or (b) fraudulent misrepresentation on the part of us or our employees.
7. We shall not be liable for any delay in performing or failure to perform any of our obligations under these terms caused by any event outside our reasonable control (including the failure of any third party to supply any information to be included in a HIP).
8. Other than as expressly set forth in these terms, all HIPS are provided on an "as is" basis.  To the fullest extent permissible by law, other than as expressly set forth herein, we do not make any warranties, representations or endorsements whatsoever with regard to the HIPS and all warranties terms and conditions that would, but for this paragraph 8, be implied into these terms are hereby excluded.
9. Our only liability to you, whether based in contract, tort (including liability for negligence), arising from statute or otherwise, for all matters arising under this Agreement shall be the replacement of defective HIPS where that defect was solely caused by an act or omission of us.
10. In no event shall we be liable to you under these terms for any of the following types of loss, whether arising in contract, tort (including liability for negligence), under statute or otherwise: (a) loss of business; (b) loss of revenue; (c) loss of profits; (d) loss of anticipated savings; wasted expenditure; (e) loss of goodwill; (f) corruption or destruction of data; or (g) any indirect or consequential loss, including any indirect or consequential loss of the types referred to in this paragraph 10.  In no event shall you raise any claim under these terms more than two years after the discovery of the circumstances giving rise to such claim.
11. Paragraphs 5-10 set out our entire financial liability under this Agreement (including any liability for the acts and omissions of its employees, agents and sub-contractors) to you.
12. A person who is not a party to these terms shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce these terms but this shall not affect any rights or remedy of a third party which exists or is available apart from that Act.
13. These terms shall be governed by and constructed in accordance with the laws of England and Wales and the parties hereby irrevocably submit to the exclusive jurisdiction of the courts of England and Wales. 
14. We strongly recommend that you read your HIP to ensure its accuracy before making it available to any third party.
15. Delivery of your HIP will be made to you on our website. If you requested a hard copy on your Written Confirmation of Order, one will be sent to you once the assembly of your HIP is completed. Delivery of your HIP will be made as soon as reasonably possible after your order is accepted. Whilst we make every effort to deliver your HIP on that basis, we will not be liable if we fail to do so in part or in full due to circumstances beyond our control. If we are unable to supply your HIP, we will not be liable to you except to refund you the price you have paid us for that HIP.
16. Your order is an offer to purchase a HIP from us. You are responsible for ensuring that the information you provide to us (including, without limitation, your personal contact details, property description and payment details) is accurate and complete. We reserve the right to pass on any costs we reasonably incur if you fail to do this.
17. We shall begin to assemble your HIP once we receive payment in full from you or, if you are arranging payment under a deferred payment scheme, when we receive confirmation that payment will be received by the Company under that scheme (if payment is subsequently not received under that scheme, payment will become immediately due and payable by you) and, in each case, if your property is not registered at HM Land Registry, once we receive confirmation that acceptable arrangements are in place to evidence title. Such activity shall constitute our acceptance of your order. The intermediary who placed your order with us will normally confirm that your order has been accepted but it is your responsibility to confirm whether this is the case. Alternatively you may contact us directly.
18. If you have agreed to appoint our nominated conveyancer in connection with the sale of your leasehold property, you acknowledge that we will take a payment on account for your legal fees at the time your property goes under under offer.
19. Once we have accepted your order, we shall immediately place orders on your behalf with content providers to purchase the personalised contents of your HIP. In so doing we shall immediately incur costs. To cancel your contract to purchase your HIP before it has been fully assembled you must notify us in writing and pay us (a) a cancellation fee of £50 and (b) reimburse us any costs which we have already reasonably incurred on your behalf or will reasonably incur as a consequence of your cancellation. The balance of the purchase price previously paid to us by you shall be re-credited to your account as soon as possible.
20. If you have a complaint about our service, please refer to our Complaints Procedure (a copy of which is available on request or otherwise available on our website at www.conveyancing-network.co.uk ).
21. You agree that we may collect, store and use information about you in accordance with our Privacy & Data Protection Policy (a copy of which is available on request or otherwise available on our Website at www.conveyancingnetwork.co.uk). You acknowledge and agree to be bound by the terms of our Privacy & Data Protection Policy.

HIP – Leasehold

Important notice about leasehold properties…

If you have indicated that the property you require the HIP for has a leasehold tenure, the HIP we will generate will include a full copy of the Lease Agreement however there are certain key documents that you will need to source separately. These are as follows:

• Any rules or regulations affecting the property that aren't mentioned in the lease.
• Statements or summaries of service charges covering the previous 36 months.
• Where applicable evidence of ground rent, service charges and personal injury insurance, for the previous 12 months before the property is marketed.
• The name and address of the proposed lessor or managing agent where applicable.
• A summary of any works being undertaken or proposed that will affect the property.

LIABILITY AND EXCLUSIONS OF LIABILITY

WE SHALL HAVE NO LIABILITY TO YOU UNLESS YOU NOTIFY US IN WRITING AT OUR REGISTERED OFFICE WITHIN 12 MONTHS OF THE DELIVERY OF YOUR HIP.

IF WE ARE IN BREACH OF THESE TERMS, WE WILL ONLY BE RESPONSIBLE FOR ANY LOSSES THAT YOU SUFFER AS A RESULT TO THE EXTENT THAT THEY ARE A FORESEEABLE CONSEQUENCE TO BOTH OF US AT THE TIME YOU PURCHASE YOUR HIP. SAVE AS PRECLUDED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSES (INCLUDING LOSS OF PROFITS, BUSINESS OR GOODWILL) HOWSOEVER ARISING OUT OF ANY PROBLEM YOU NOTIFY TO US UNDER THIS CLAUSE.

NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS IS INTENDED TO LIMIT ANY STATUTORY RIGHTS YOU MIGHT HAVE AS A CONSUMER NOR IN ANY WAY EXCLUDE OR LIMIT OUR LIABILITY TO YOU FOR ANY DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE.

THE CONTENTS OF YOUR HIP ASSEMBLED BY THE COMPANY ON YOUR BEHALF ARE PRODUCED BY SPECIALIST PROVIDERS. WHILE THE COMPANY TRIES TO ENSURE THAT ALL CONTENT IS CORRECT AND COMPLETE, IT DOES NOT MAKE ANY WARRANTIES OR GUARANTEES IN RELATION TO SUCH CONTENT SAVE THAT SUCH CONTENT SHALL COMPLY WITH THE MINIMUM REQUIREMENTS OF THE HOME INFORMATION PACK REGULATIONS 2007.

YOU AGREE THAT EACH OF THESE LIMITATIONS IS REASONABLE HAVING REGARD TO THE NATURE OF OUR SERVICE AND IN PARTICULAR GIVEN THAT WHEN YOU PURCHASE YOUR HIP YOU WILL BE DEEMED TO ENTER INTO A SEPARATE AGREEMENT WITH EACH RELEVANT CONTENT PROVIDER. COPIES OF THE RELEVANT TERMS WILL BE PROVIDED ON REQUEST.

EACH OF THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL BE CONSTRUED AS A SEPARATE, AND SEVERABLE, PROVISION OF THESE TERMS.
Invalidity

If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms will not be affected.