1 General
1.1 These Terms and Conditions (the “Conditions”) shall apply to all orders placed by you for the supply of the Services by HHIP.
1.2 The Conditions shall apply to the exclusion of all other terms and conditions including any previous terms and conditions referred to, offered or relied upon by you, whether in writing or otherwise.
1.3 By placing an order through the hhip.co.uk website you are making an offer to HHIP to provide the Services to you in accordance with these Conditions. All offers are subject to acceptance by HHIP. HHIP will confirm such acceptance by sending you an email stating that HHIP have accepted your offer (“Confirmation of Acceptance”). The contract between you and HHIP for the provision of the Services will only be formed when HHIP send you the Confirmation of Acceptance and is subject to these Conditions.
1.4 These Conditions are for business to business use only and as such you warrant that you are not dealing as a consumer.
2 Definitions
2.1 The following definitions shall apply to this Agreement :
“Fee” means the relevant fee payable for the performance of the Services as quoted in the Appendix to these Conditions. The Fee is liable to change at any time but any change will not affect orders in respect of which HHIP have already sent you a Confirmation of Acceptance.
2.2 “Force Majeure” means any act, event, non-happening, omission or accident beyond a party’s reasonable control including (but without limitation to) strikes, lock outs or other industrial action, civil commotion, riot, terrorist attack or threat of terrorist attack, war, act of god, impossibility of use of transport networks or telecommunications.
2.3 “HIP” means Home Information Pack as such term is defined by Section 148 of the Housing Act 2004
2.4 “HHIP ” means Howards Home Information Pack Limited trading as hhip.co.uk
2.5 “Individual” means any employee or member of hhip.co.uk, including any officer or director.
2.6 “Insolvency” means either party becoming bankrupt, going into liquidation (either voluntary or compulsory unless as part of a bona fide scheme of reconstruction or amalgamation), being dissolved, compounding with his creditors or having a receiver or administrative receiver or administrator appointed of the whole or any part of his assets.
2.7 “Services” means the provision to you of two printed copies of a HIP as well as electronic transmission by email of the requisite energy graphs that have to be included in a set of estate agency details.
2.8 “you/your” means the company, firm, partnership or other organisation placing an order.
3 Obligations on HHIP
3.1 HHIP shall exercise reasonable skill and care in the performance of the Services.
3.2 HHIP shall have no duty, in performing the Services, to advise as to the actual or possible presence of pollution or contamination or as to the risks of such matters having occurred, being present or occurring in the future, unless the provision of such advice is stated in your order and HHIP agree to provide this extra service in the Confirmation of Acceptance..
3.3 HHIP may sub contract the performance of any of the Services to a sub provider. HHIP shall be responsible for the performance and the payment of any such sub provider.
4 Obligations on you
You shall use your reasonable endeavours to provide HHIP, without charge and in such time so as not to delay or disrupt the performance of the Services by HHIP, all necessary and relevant data and information in your possession, or the possession of your agents, servants, other providers or contractors and give such assistance and make such decisions as shall reasonably be required by HHIP in the performance of the Services.
5 Payment
5.1 Payment by you to HHIP for the performance of the Services shall comprise the Fee.
5.2 The Fee, or respective proportion of it as appropriate based on the Services completed at that time, will be invoiced during the month following the month in which the Services were completed unless agreed otherwise when you order the Services.
5.3 Payment of the Fee to HHIP will become due on submission of HHIP’s invoice and the final date for payment shall be 28 days thereafter. Interest and collection costs shall be charged on all amounts remaining unpaid thereafter in accordance with the Late Payments of Commercial Debts (Interest) Act 1998. For the avoidance of doubt, interest shall be charged from the day the invoice is overdue until payment of the invoice is made by you in full.
5.4 If any invoice submitted to you by HHIP is not paid within 28 days of receipt of the invoice, HHIP reserve the right to stop providing the Services until the invoice is paid in full.
5.5 You may not withhold any payment after the final date for payment of any sum due or set off against any sums we owe you, payment for the Services..
5.6 All sums detailed in these Conditions are exclusive of Value Added Tax, the amount of which, shall be paid by you to HHIP at the rate and in the manner prescribed by law.
6 Additional Payment
6.1 If HHIP has to carry out additional work in the performance of the Services for reasons beyond HHIP’s control you shall make an additional payment to HHIP in respect of the additional work carried out and the additional resources employed.
6.2 The additional payment shall be calculated on a time basis at the hourly rates set out in the attached Appendix and shall be invoiced on a monthly basis and paid on the same terms as set out in clause 5.3.
7 Limitation of Liability
7.1 Nothing in these Conditions shall exclude or limit the liability of either party for death or personal injury caused by its negligence, or for fraud.
7.2 HHIP is not liable and will not be liable in any circumstance whether in contract, tort, breach of statutory duty or otherwise (including liability in negligence), for any indirect, incidental, special or consequential loss or damage or loss of profit, business, goodwill or opportunity or wasted time which results, or may result from, the provision of the Services to you.
7.3 You agree not to pursue any claims in contract, tort, breach of statutory duty or otherwise (including negligence) against any Individual as a result of them carrying out their obligations under or in connection with the Services..
7.4 Subject to the forgoing clauses 7.1 to 7.3 and clause 7.5 HHIP’s liability to you under or in connection with the provision of the Services in contract, tort, breach of statutory duty or otherwise (including negligence) will be limited to an aggregate amount not exceeding two hundred and fifty thousand pounds sterling.
7.5 Further such limited liability of HHIP for any claim or claims shall be limited to such sum as it would be just and equitable for HHIP to pay having regard to the extent of its responsibility for the loss or damage suffered as a result of the occurrence or series of occurrences in question and on the assumption that :-
i) HHIP is not responsible for verifying information provided by you or by your agents, servants, other providers or contractors and is not responsible for any liability arising from the information supplied by you or by your agents, servants, other providers or contractors being inaccurate, misleading or false.
ii) HHIP is not responsible for verifying information provided by statutory bodies or agencies and is not responsible for any liability arising from the information supplied by such bodies or agencies being inaccurate, misleading or false.
iii) HHIP is providing a service to collate documents supplied by others and is only liable for mistakes and omissions arising out of the collation of that information.
7.6 No action or proceedings, in respect of the Services performed by HHIP, whether in contract, tort, negligence, breach of statutory duties or otherwise (including negligence) shall be commenced against HHIP after the expiry of 6 years following the completion of the Services (or termination if earlier) or such earlier date as may be prescribed by law.
7.7 Upon becoming aware of a possible claim (whether against HHIP or you) you will:
i) immediately give us the details of it and give HHIP access to and allow HHIP to take copies of any materials, records or documents HHIP considers relevant;
ii) allow HHIP the exclusive conduct of any proceedings relating to the claim and to take whatever action as HHIP may direct to defend or resist the matter, including the use of professional advisers nominated by HHIP; and
iii) not admit liability or settle the matter without HHIP’s prior written consent.
8 Insurances
HHIP shall maintain professional indemnity insurance sufficient to cover HHIP’s liabilities hereafter for any one occurrence or series of occurrences arising out of the provision of the Services (other than for claims arising out of pollution or contamination which will be in the aggregate) and for the period of six years after completion of the Services, provided always that such insurance is available at commercially reasonable rates.
9 Copyright and Licence
9.1 The copyright in all intellectual property created or provided by HHIP in connection with the Services shall remain vested in HHIP, but you shall have a non exclusive licence to use as needed all documents issued to you in performance of the Services.
9.2 In the event that you are in default of payment of any sums due to HHIP in performance of the Services, HHIP may revoke the licence herein granted on seven days’ written notice to you
9.3 HHIP shall not be liable for the use by any person of any such documents for any purpose other than that for which the same were prepared on behalf of HHIP.
10 Resolution of Disputes
The parties agree that any dispute arising from the provision of the Services should be dealt with by adjudication in accordance with the latest version of the Model Adjudication Procedure as published by the Construction Industry Council.
11 Termination
11.1 In the event of a material breach of these Conditions by either party or in the event of the Insolvency of one of the parties the party who is not in breach or is not insolvent may terminate the contract for the supply of the Services upon not less than two weeks’ written notice to the other party,
11.2 Upon such termination you shall pay HHIP all monies incurred by HHIP and/or accrued up to the date of such termination following submission of HHIP’s invoice therefore and the provisions of paragraph 5 (Additional Services) of the Appendix to these Conditions shall then apply to such payment.
11.3 Termination of the contract for the provision of Services between HHIP and you shall not prejudice or affect the accrued rights or claims of either party that had already accrued at the date of termination.
12. Force Majeure
12.1 Neither party shall in any circumstances be liable to the other for any loss of any kind whatsoever whether directly or indirectly caused or incurred by the other party by reason of any failure or delay in the performance of its obligations within these Conditions which is due to a Force Majeure.
12.2 If either party becomes aware of circumstances of Force Majeure which give rise to or which are likely to give rise to any such failure or delay it shall notify the other party immediately in writing (including the period which it estimates the failure or delay to continue) and shall use reasonable endeavours to mitigate the affect of the failure or delay.
13 Miscellaneous
13.1 Assignment: HHIP may assign or sub-contract all or any part of its rights or duties under the Agreement. You may not however without our prior written consent.
13.2 Set-off: HHIP may deduct sums you owe us from sums HHIP owe you.
13.3 Waiver: A failure to exercise a right granted by these Conditions will not waive that right.
13.4 No variation: No variation to these Conditions will be valid unless agreed in writing by each party.
13.5 Third party rights: Nothing in these Conditions confers or purports to confer on any third party any benefit or any right to enforce or rely on any term of these Conditions pursuant to the Contracts (Rights of Third Parties) Act 1999 except in the case of clause 7.3 which an Individual may enforce.
13.6 Enforceability: If any part of these Conditions is held to be illegal or unenforceable by a court of competent jurisdiction, tribunal, administrative body or other regulatory body that part shall be deemed to be severed from the rest, which shall not be affected.
13.7 Notices: A notice to be given under these Conditions will be validly given only if it is in writing and delivered personally or by courier, or sent by first class post, recorded delivery or facsimile, to the intended recipient at the address or facsimile number detailed on the hhip.co.uk website with regards to service on HHIP and with regards to service on you the details provided when registering with the hhip.co.uk website. The notice will be deemed to have been served, if delivered by hand or by courier, when left at the proper address for service, if by first class post or recorded delivery, 48 hours after being posted or if by facsimile, at the time of transmission.
13.8 No partnership: Nothing in these Conditions and no action taken by the parties in accordance with these Conditions will constitute an agency, partnership, association, joint venture or other co operative entity between the parties.
13.9 Law and Jurisdiction: These Conditions and all subsequent contracts formed for the provision of the Services by HHIP to you will be governed by English Law and the parties submit to the non-exclusive jurisdiction of the English Courts (such jurisdiction to be chosen by HHIP as appropriate).
APPENDIX
FEES & CHARGES
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Providing a statutory compliant HIP
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£295
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≥20 HIP Instructions per month (5% discount)
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£280.25 per property
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A Yearly Bonus of 5% will be awarded if monthly HIP Instructions remain = 20 for 12 consecutive months.
Example: If 25 HIP instructions are received per month for 1 year you will receive a credit of £177 towards your next invoice
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Adjustments to basic fee for existing properties:
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Home Condition Report
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+ Extra cost dependant upon age and condition
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Unregistered Title
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+£75
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Leasehold/Commonhold properties
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+£75
+ Any Management Company Disbursements
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NEW BUILD DEVELOPMENTS
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Single Property
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£295
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>1 properties <5 properties
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£245 per unit
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>6 properties <25 properties
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£195 per unit
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>25 properties
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£170 per unit
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| Supplement for Leasehold/Commonhold on a New Build Development
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Single Property
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+£75
+ Any Management Company Disbursements
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>1 properties <5 properties
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£50 per unit
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>6 properties <25 properties
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£30 per unit
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>25 properties
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£20 per unit
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Additional Printed Home Information Pack
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Cost per additional HIP required
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£10 per copy
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Additional Services
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Hourly rate for additional services
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£40 per hour
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Supplement for unregistered Title
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Single Property
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+£75 + Disbursements charge will be made by designated Solicitor
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The cost of the HIP is based on a single search being required for a single property title; if there are multiple titles that require additional searches these will be charged at cost.
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