These Terms govern your relationship with HIP-IK.INFO, whose office is 25 Reay Nadin Drive, Banners Gate, Sutton Coldfield, West Midlands B73 6UR (“the Company”, “we” or “us”) in connection with your purchase of a Home Information Pack (“HIP”). Please read these carefully as they affect your rights and liabilities under the law.
By placing an order to purchase a HIP from the Company yourself or by an intermediary on your behalf you agree to be bound by these Terms.
If you have any questions about the Terms, please contact sales@hip-uk.info
1. You’re Home Information Pack
On your behalf we shall assemble a HIP which complies with the minimum requirements of the Home Information Pack Regulations 2007 and shall exercise all reasonable skill and care in doing so. We do not undertake the property searches or produce the contents of your HIP ourselves (except to index the same). When you purchase your HIP you will be deemed to enter into a separate agreement with each content provider. Copies of the relevant terms will be provided on request.
It is important to note that the information you provide to Hip-Uk.Info will form part
of the available Home Information Pack upon which reliance may be made by potential or actual buyers, mortgage lenders and other parties.
It is imperative that all information provided by you is as accurate and complete as possible. If the information you give about your property is inaccurate, incomplete or misleading in any way you risk legal claims against you, including for compensation. You must notify Hip-Uk.Info immediately if you are aware of any incorrect information that you have given to Hip-Uk.Info for any work to be undertaken. Customer(s) are required to provide all relevant information in order for Hip-Uk.Info to undertake any work. This can be communicated by letter, e-mail or fax.
If you provide us with an incorrect address or other information in your Order Form, you will still be liable to pay Hip-Uk.Info fees once the contract has been made between us.
We strongly recommend that you read your HIP to ensure its accuracy before making it available to any third party.
2. Price and Payment
Your order is an offer to purchase a HIP from us. You are responsible for ensuring that the information you provide to us in your Written Confirmation of Order (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.
All Hip-Uk.Info customers will pay in advance for any work that is to be undertaken by Hip-Uk.Info. At Hip-Uk.Info discretion, there may be exception to any advance payment where Customers will be notified in writing. All accounts customers must pay Hip-Uk.Info within fourteen days from invoice date. All monies received by Hip-Uk.Info shall be applied to accounts outstanding on Hip-Uk.Info books in order of age starting, with the oldest. All payment shall be paid in full without any deductions whatsoever to Hip-Uk.Info. Hip-Uk.Info shall be entitled to charge interest on overdue accounts at the rate of five percent per month from the due date of payment until receipt of payment calculated on a daily basis in respect of any part of a month. Any discount given will be nullified where payment is not received within the terms. Hip-Uk.Info may withhold or suspend delivery or any order or part of an order and invoice the customer for the reasonable costs of storing the goods, whether at Hip-Uk.Info’s premises or otherwise from the due date of payment until receipt of payment. Should the customer be unable to pay his debts, Hip-Uk.Info will be entitle to demand proper security for payment of purchase price to delivery, either by payment in cash or by a bank guarantee. If such security is refused by the customer Hip-Uk.Info shall be entitled without prejudice to the customers other rights or remedies, to cancel the contract or to suspend deliveries under the contract, at Hip-Uk.Info option. Hip-Uk.Info reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998. Hip-Uk.Info shall not be liable in these circumstances for any damages whatsoever. Discount is only applicable provided the account is settled within the agreed payment period.
No discount is applicable on the deferred payment option.
Quotations are subject to confirmation on receipt of order.
Unless otherwise specified by Hip-Uk.Info in writing all prices quoted are net and exclusive of Value Added Tax, Customs Duty. The Price relevant to any particular order will, unless stated to be fixed, it will be subject to variation at Hip-Uk.Info’s discretion and the price applicable will be that operative on the date of despatch from premises or the manufacturer premises (as the case maybe).
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.
3. Alteration to contract
If the Customer requests alterations or changes to the contract, these will not be valid unless and until confirmed in writing by Hip-Uk.Info and will result in the original quoted prices being adjusted accordingly. Suspension or Cancellation of the Contract by the
Customer will only be accepted upon terms, which will indemnify Hip-Uk.Info against all costs incurred.
4. Specifications & drawings
Unless otherwise expressly agreed in writing all illustrations and dimensions shown in Hip-Uk.Info catalogues, Web-Site and other literature is approximate. Hip-Uk.Info gives no guarantee or representation that the goods or work undertaken will in all cases be
identical with the illustrations and dimensions specified in such catalogues and literature due to improvements and modifications to the goods or their specification that may be made from time to time. The Customer shall be solely responsible for satisfying itself that they are suitable for the particular purpose for which they are required.
5. Risk & title
All goods and services are supplied to the Customers by Hip-Uk.Info on the following Terms: All goods and services shall remain the sole and absolute property of Hip-Uk.Info as legal and equitable owners until such time as all sums due to Hip-Uk.Info from the customer, whether in respect of the goods or other goods or services, have been paid in full. Until such payment the customer shall be in possession
of the goods solely as bailee for Hip-Uk.Info and shall store the goods separately in such a way as to enable them to be identified as the property of Hip-Uk.Info. Hip-Uk.Info reserves the immediate right at any time of repossession of any good to which it has retained title and therefore to re-sell the same and for this purpose the customer hereby grants an irrevocable rights and licence to Hip-Uk.Info employee and agents to enter at any time upon all or any of its premises with or without vehicles during normal business hours. This right shall continue to subsist not withstanding the termination of the contract for any reason and is without prejudice to any accrued rights of Hip-Uk.Info hereunder or otherwise. The goods shall be at the risk of the Customer as soon as they leave Hip-Uk.Info’s premises for the purpose of delivery to the Customer.
6. Ownership and Delivery
We shall own you’re HIP until we have received payment in full from you or on your behalf, even though your HIP (or any part thereof) may have been already delivered to you.
Delivery of your HIP will be made to you on our website. If you requested a hard copy on your Written Conformation 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 the Company for that HIP.
7. Cancellation and termination
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 £30 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.
8. Limitation of liability
Hip-Uk.Info shall not be liable, in Contract, Tort, or otherwise, for any representations, advice or assistance given under this contract or otherwise, whether before or after the date of the contract by or on behalf of Hip-Uk.Info in connection with the goods, work undertaken or the contract. The customer shall indemnify Hip-Uk.Info against any liability incurred by Hip-Uk.Info in relation to any third party claims arising from the use made of or dealings by the customer irrespective of whether they involve the negligence of Hip-Uk.Info, its agents or employees, unless solely arising from Hip-Uk.Info’s wilful default or defects in material or workmanship of the goods.
Unless otherwise agreed in writing, goods or work rejected by the customer must be so rejected in writing within three days of delivery otherwise they shall be deemed to be accepted by the customer in full. Hip-Uk.Info does not accept liability for shortage in quantities delivered unless the customer notifies Hip-Uk.Info of any claim for short delivery of the goods within three days of the delivery to the Customer. In such
circumstances Hip-Uk.Info liability shall be restricted to making good the shortage. Any delivery book or note marked 'NOT EXAMINED' will not prevent the operation of these clauses nor constitute express or implied in writing of any potential or actual shortage. Without prejudice to the operation and effect of any other part of these conditions, where Hip-Uk.Info makes delivery of any goods which are defective or otherwise not
in accordance with the contract the liability of Hip-Uk.Info to the customer in damages shall be limited to and shall not in any circumstances exceed a sum equal to the price of the defective goods or work undertaken.
9. 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.
Our maximum liability to you, whether in contract, tort, negligence, breach of statutory duty or otherwise shall be £2 million in aggregate.
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.
10. Force Majeure
Hip-Uk.Info shall not be held responsible for any inability to deliver in consequence of War, changes in Fiscal Policy, Strikes, Lock-out, Fire, Act of God, restrictions or control including restrictions on export or import, other licences, trade, or industrial disputes of whatever nature, whether or not such dispute involves Hip-Uk.Info, its agents or its representatives. Breakdowns or any other contingency beyond Hip-Uk.Info’s control.
11. Access
Once instructed and a time and date has been agreed by both parties full payment will be charged if no access can be gained to the property to be assessed at the time and date agreed or access is not possible due to circumstances beyond the control of Hip-Uk.Info. Circumstances may include but are not limited to unaccompanied children at the property, unaccompanied and or dangerous animals at the property, unaccompanied ill or bed bound elderly or minors at the property. You warrant that you have the authority to commission the inspection, photography, floor plan and
printed particulars of the premises in question, including allowing Hip-Uk.Info’s employs or agent’s access to the premises. If Hip-Uk.Info employees or agents fails to arrive within one hour of an agreed appointment you may elect for a new appointment at a mutually agreed time.
12. Privacy & Data Protection
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.hip-uk.info). You acknowledge and agree to be bound by the terms of our Privacy & Data Protection Policy.
13. Preservation of rights
If you breach these Terms and the Company chooses to ignore this; the Company will still be entitled to use its rights and remedies at a later date or in any other situation where you breach these Terms.
14. Third party rights
A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
15. Entire agreement
These Terms, your Written Confirmation of Order, the Terms of Use of our Website and our Privacy & Data Protection Policy, set out the whole of our agreement relating to the supply of your HIP to you by us. Nothing said by any sales person on our behalf or an intermediary should be understood as (a) a variation of (i) these Terms, (ii) the terms upon which the content of your HIP is made available to you by each separate content provider, or (iii) the terms of the deferred credit scheme or (b) as an authorised representation about the nature and quality of the service we provide. Save for fraud or fraudulent misrepresentation by this Company, we shall have no liability for any such representation being untrue or misleading.
16. Complaints procedure
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.hip-uk.info).
17. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.