1.1 ‘The Company’ – NSS Franchising Ltd and its Franchisees trading as NSS – The National Search Service.
1.2 ‘The Customer’ – Principal or Agent for the principal.
2. The Service
2.1 The services provided under this agreement are provided by the company in accordance with the instructions given by the customer. The customer agrees to abide by the terms and conditions of this agreement. The companies’ services are provided solely for the use of the customer and their clients, on behalf of who the work has been commissioned.
2.2 Instructions for searches are accepted by the company from the customer on the basis that the customer is liable for all costs and expenses incurred in respect of the instruction.
2.3 The company will provide the services only on the basis that the customer provides all necessary information, including location plans, to undertake the required service.
3. Supply of Service
3.1 The company shall use reasonable care and skill in obtaining the information required to provide the service to the customer, but will not guarantee the accuracy of information provided by third parties which is provided verbally without further independent verification being allowed or for documentation which is provided to the company by a data provider who does not allow the company access to inspect their registers.
3.2 A third party shall not use the companies’ services without specific authority.
3.3 In providing search reports and services, the company will comply with the search code to which we subscribe.
3.4 The company may act as an agent or re-seller to provide other products and services to the customer from a third party. The supply of those products will be governed by the terms and conditions of those third parties.
3.5 In providing search reports the company will comply with the search code.
4.1 The company will observe customer confidentiality in all cases as permitted by Law.
5.1 The company will provide details of the fees it will charge the customer for services it will provide to the customer. The company has the right to change the fees but will provide the customer with a minimum of 7days notice before revised fees become effective.
5.2 The company has the right to charge a cancellation fee where cancellation of an instruction is received prior to or part way through the search being undertaken. If cancellation of the instruction is received after the instruction has been completed then the full fee will be payable.
6.1 The customer will be liable for the payment of fees whether their client has paid the monies or not. All invoices shall be paid within 30 days, except where alternative arrangements have been made in writing with the company.
6.2 Payment should be made to NSS Franchising Ltd of 14 Cartwright Court, Dyson Wood Way, Bradley, Huddersfield, HD2 1GN
6.3 All delays in payment shall attract interest at the rate of 4% above the Barclays Bank PLC base rate, which shall be compounded monthly.
6.4 Where the customer claims a genuine dispute over an invoice the customer shall pay all amounts not in dispute as it becomes due. The customer shall provide the company of details of the disputed part of an invoice immediately and this shall be resolved by good faith negotiations by both parties. Upon resolution of the dispute the agreed amount should be paid immediately.
6.5 Not withstanding the above no dispute shall be regarded as genuine where the undisputed amount in the invoice is not paid when it becomes due.
7. Limitation of Liability
7.1 The Company shall not be liable to the customer for any failure or delay or for the consequences of any failure or delay in performance of the customers instructions if it is due to any event beyond the companies reasonable control including without limitation, acts of god, war, industrial disorders, protests, fire, flood, storm, tempest, explosions, acts of terrorism and national emergencies
7.2 The companies total liability to the customer in possession of the companies engagement for any loss, liability or damage how so ever classed whether in contract ( by way of indemnity or otherwise ) tort ( including negligence) misrepresentation, restitution or otherwise ( in which case whether caused by negligence or not ) and whether relates to any act commission services provided to the customer or not provided to the customer or failure to act or delay by the company who be limited to any amount not exceeding £2,000,000 in respect of individual or aggregate claims related to the same property
7.3 (a) If any enquiry in the LOCAL ENQUIRIES section of this report has been answered incorrectly as a result of incorrect information provided by the source and if any such enquiry, had it been answered correctly, would have affected
an actual buyer’s decision to buy the property or
the price an actual or potential buyer would be prepared to pay for the property resulting in financial loss
then any financial loss arising is the subject of a contract of insurance against such risk effected by and carried out by persons authorised for the purposes of the Financial Services and Markets Act 2000
(b) Any liability for financial loss arising under paragraph 7.3(a) above will be met by financial compensation to be paid by either
a person who is a party to the contract of insurance or
another person involved in the sale of the property
failing which, if those persons fail to pay or no longer exist (and do not have a successor), financial compensation will be paid by the persons specified in 7.3(b) below
The names of the persons who are liable to make the payments described in clause 7.2 above are:
The Search Company
Pen Underwriting (Zurich Insurance)
The names of the persons who are liable to make the payments described in clause 7.3(b) above are:
The Search Company
Stewart Title Ltd
8. Termination of Agreement
8.1 The agreement will run indefinitely or until termination by either party from the date of signing
8.2 The customer may terminate this agreement at any time. On termination of the agreement any outstanding monies owed for services provided by the company to the customer must be settled within 7 days of termination of the agreement.
8.3 The company has the right to terminate the agreement if the customer fails to abide by the terms within this agreement.
9. Storage of Papers
9.1 The company normally retains papers for 6 years after the file is closed.
9.2 If the customer requires the company to provide a service which exceeds storage and retrieval, the company reserves the right to charge an administration fee.
10.1 The company shall communicate with the customer by post, telephone, fax and e-mail. The use of e-mail may not be as secure as other forms of communication. However unless the company is instructed to the contrary, then it shall be entitled to assume that the customer has no objection to the company communicating and sending attachments to the customer by e-mail whether in general or for the communication of specific information.
10.2 The company shall take all reasonable steps to ensure that e-mail will be free of viruses. However, it does not to the extent permitted by law, accept any liability (whether in contract, negligence or otherwise) for viruses.
11.1 If any person, who is entitled to rely on this report, wishes to make a complaint or seek redress in relation to a matter in this report, he should in the first instance contact the search company at the address detailed on the page titled ‘Complaints Procedure within the search report. They will acknowledge the correspondence within 5 working days and will at the same time provide a copy of the Company’s formal Complaints Handling Procedure. If you are not satisfied with our final response, or if we exceed the response timescales, you may refer the complaint to The Property Ombudsman scheme (TPOs): Tel: 01722 333306, www.tpos.co.uk E-mail: firstname.lastname@example.org. We will co-operate fully with the Ombudsman during an investigation and comply with the Ombudsman’s final decision.