The Customer, the Client and the Purchaser are asked to note these terms,
which govern the basis on which this drainage and
water report is supplied
'Order' means any request completed by the Customer
requesting the Report.
'Report' means the drainage and/or water report
prepared by The Company in respect of the Property.
'Property' means the address or location supplied
by the Customer in the Order.
'Customer' means the person, company, firm or other
legal body placing the Order, either on their own
behalf as Client, or, as an agent for a Client.
'Client' means the person, company or body who
is the intended recipient of the Report with an
actual or potential interest in the Property.
'Purchaser' means the actual or potential purchaser
of an interest in the Property including the mortgage
1. The Company agrees to supply the Report to the
Customer and to allow it to be provided to the Client and the
Purchaser subject, in each case, to these terms. The
scope and limitations of the Report are described
in paragraph 2 of these terms. Where the Customer
is acting as an agent for the Client then the Customer
shall be responsible for bringing these terms to the
attention of the Client.
1.1 The Customer, the Client and Purchaser agree that
the placing of an Order for a Report and the subsequent
provision of a copy of the Report to the Purchaser
indicates their acceptance of these terms.
2. Whilst The Company will use reasonable care and
skill in producing the Report, it is provided to
the Customer, the Client and Purchaser on the basis that they
acknowledge and agree to the following:-
2.1 The information contained in the Report can
change on a regular basis so The Company cannot
be responsible to the Customer, the Client and Purchaser for
any change in the information contained in the Report
after the date on which the Report was first produced
and sent to the Customer.
2.2 The Report does not give details about the
actual state or condition of the Property nor should
it be used or taken to indicate or exclude actual
suitability or unsuitability of the Property for
any particular purpose, or relied upon for determining
saleability or value, or used as a substitute for
any physical investigation or inspection. Further
advice and information from appropriate experts
and professionals should always be obtained.
2.3 The information contained in the Report is
based upon the accuracy of the address and plan supplied
to the Company.
2.4 The Report provides information as to the location
& connection of existing services and other
information in relation to drainage and water enquiries
and should not be relied on for any other purpose. The Report
may contain opinions or general advice to the Customer,
the Client and Purchaser which The Company cannot ensure that
any such opinion or general advice is accurate,
complete or valid and accepts no liability therefore.
2.5 The position and depth of apparatus shown on any
maps attached to the Report are approximate, and are
furnished as a general guide only, and no warranty
as to its correctness is given or implied. The exact
positions and depths should be obtained by excavation
trial holes and the maps must not be relied on in
the event of excavation or other works made in the
vicinity of The Company's apparatus.
3. The Company shall not be liable to the
Customer, the Client and Purchaser for any failure defect or non-performance
of its obligations arising from any failure of or
defect in any machine, processing system or transmission
link or anything beyond The Company's reasonable
control or the acts or omissions of any party for
whom The Company are not responsible.
3.1 Where a report is requested for an address
falling within a geographical area where two different
Companies separately provide Water and Sewerage
Services, then it shall be deemed that liability
for the information given by either Company will
remain with that company in respect of the accuracy
of the information supplied. A Company supplying
information which has been provided to it by another Company for the purposes outlined in this agreement
will therefore not be liable in any way for the
accuracy of that information and will supply that
information as agent for the Company from which
the information was obtained.
3.2 The Report is produced for use in relation
to individual domestic property transactions and
cannot be used for commercial developments of domestic
properties or commercial properties for intended
occupation by third parties.
3.3 The Company shall accept liability for death
or personal injury arising from its negligence but
in any other case, the Company's liability for negligence shall be limited to £5000.00. Such liability will be met by the Company or its insurers and the Company has and will maintain an appropriate contract of insurance.
Copyright and Confidentiality:
4. The Customer, the Client and Purchaser acknowledge
that the Report is confidential and is intended
for the personal use of the Client and Purchaser. The copyright and any other intellectual property
rights in the Report shall remain the property of The Company.
No intellectual or other property rights are transferred
or licensed to the Customer, the Client or the Purchaser except
to the extent expressly provided.
4.1 The Customer or Client is entitled to make
copies of the Report but may only copy the Ordnance Survey mapping or data
contained in the, or attached to the Report, if they
have an appropriate licence from the originating source of that mapping or data.
4.2 The Customer, the Client and Purchaser agree (in respect of
both the original and any copies made) to respect
and not to alter any trademark, copyright notice
or other property marking which appears on the Report.
4.3 The maps contained in the Report are protected
by Crown Copyright and must not be used for any
purpose outside the context of the Report.
4.4 The Customer, the Client and Purchaser agree on a joint and several basis to indemnify
The Company against any losses, costs, claims and
damage suffered by The Company as a result of any
breach by either of them of the terms of paragraphs
4.1 to 4.4 inclusive.
5. Unless otherwise stated all prices are
inclusive of VAT. The Customer shall pay for the price
of the Report specified by The Company, without any
set off, deduction or counterclaim. Unless the Customer
or Client has an account with The Company for payment
for Reports, The Company must receive payments for
Reports in full before the Report is produced. For Customers
or Clients with accounts, payment terms will be as
agreed with The Company.
6. If any provision of these terms is or
becomes invalid or unenforceable, it will be taken
to be removed from the rest of these terms to the
extent that it is invalid or unenforceable. No other
provision of these terms shall be affected.
6.1 These terms shall be governed by English law
and all parties submit to the exclusive jurisdiction
of the English courts.
6.2 Nothing in these terms and conditions
shall in any way restrict the Customer, the Clients or Purchasers
statutory or any other rights of access to the information
contained in the Report.
6.3 We may disclose personal data you provide about
yourself, or your clients, to other companies within
our group in accordance with Data Protection Act 1998
and other applicable laws. We will analyse and utilise
any information we collect so that we are able to
correctly administer, develop and improve our business
6.4 These terms and conditions may be enforced by the
Customer, the Client and Purchaser.