Terms and Conditions
1 Definitions and Interpretations
In these Conditions unless the context otherwise requires:
1.1 “The Company” means Barrington-Hill Associates.
1.2 “The Client” means the person, firm or company who enters into a contract with the Company for the Company to find a suitable property for the Client such contract to incorporate the Conditions.
1.3 “The Term” means the term of the contract under Clause 3 below.
1.4 “The Conditions” means the terms and conditions herein contained.
1.5 “The Search Fee” means the sum of £650.00 for one area, £750.00 for two areas and £850.00 for 3 area’s or more. All prices are subject to VAT at the current rate.
1.6 “The Commission” means 1.5% of the purchase price of any property purchased by the Client and referred to in Clause 5.
1.7 In the event the company has worked on your behalf for more then 6 months and if for whatever reason you decide to withdraw our instruction, further expenses in addition to our sign up fee will be charged at £15 per hour and 40p per mile. The total additional amount will not exceed £750 + VAT in any event.
1.8 Reference to the Company means the Company and where applicable the proprietor, employees or agents of the company.
2 Payment of the Search Fee and the Company’s Obligations
Subject to and conditional on payment of a Search Fee the Company shall use all reasonable endeavours to identify a property which conforms to the general parameters provided by the Client and if required to negotiate on the Client’s behalf for the purchase of such a property.
3 The Term
3.1 The term during which the Company shall carry out the obligations under Clause 2 shall be a period of twenty four months from payment of the Search Fee or until the Client has completed the purchase of a property or until the Client instructs the Company to cease acting on the Client’s behalf whichever is the sooner.
3.2 In the event of the Term being less than a period of twenty four months for any of the reasons mentioned in Clause 3.1 above this shall not entitle the Client to any refund of the Balance of the Search Fee.
4 Liability of The Company
4.1 Neither the Company nor the persons referred to in Clause 1.9 have been engaged by the Client (as the Client admits) on the basis of any professional or other qualification and whether as surveyor or valuer and the Company specifically does not hold itself out as having any such qualification or otherwise. Any report, description, expression of opinion or otherwise given to the Client by the Company as to the condition or value of any property cannot be relied upon. Any opinion given to the Client by the Company and others aforesaid as to the amount that the Client may have to offer or does offer in order to purchase a property is not to be relied upon as a valuation or an opinion of the price that the Client could expect to pay for a purchase or should expect to receive if the Client should resell the property. The Client is advised to obtain specialist reports and valuation before proceeding further with any purchase of a property.
4.2 Where the Company supplies particulars, information, reports otherwise to the Client which are provided to the Company by any third party including Estate Agents particulars, valuation reports, surveys or otherwise, then unless otherwise stated expressly in writing the Company shall not be bound to check the accuracy of any such particulars, information, reports or otherwise and the Company shall have no liability in negligence, contract or otherwise as to the information thereby provided.
4.3 If the Company shall introduce the Client to any third party including but not limited to any builder, surveyor, valuer or other professional person any introductions do not form part of the services offered by the Company and the Company shall not be responsible for such third parties work or services.
4.4 Where the Client works or resides outside the UK the Client will in addition to the Search Fee pay the Company all additional costs and which shall be paid within fourteen days of invoice.
4.5 In the unlikely event a client would like to make a complaint about the company or one of its representatives, could they please put their complaint in writing to the head office. If this complaint cannot be settled then the issue can be put forward to the PO (Property Ombudsman) membership number 2310, for the PO to make an impartial decision.
5 Payment of Commission
5.1 On completion of a purchase by the Client of any property located, introduced, and/or negotiated by the Company, whether such completion takes place within the Term, the Commission shall immediately be due and payable by the Client to the Company less the Balance of the Search Fee (if any). In the case of a delayed completion the Commission will become due and payable to the Company, forty two days from Exchange of Contracts.
5.2 In the event that the Client locates a property the information about which has not been previously supplied to the Client by the Company then no fee is payable. However, additional expenses may be charged, please see clause 1.7. The Company, however, will at the Client’s request negotiate on the Client’s behalf for the purchase of the property and in the event that the property is purchased by the Client whether or not completion takes place during the term, a reduced commission of 0.75% of the purchase price shall immediately be due and payable by the Client to the Company.
5.3 In the event that more than one of the Company’s Clients wish to offer for the same property, information on which has been supplied to them by the Company or through the Agents contacted on the Clients behalf, the Company will act for the first Clients who confirm that they wish to make an offer. The Company will inform all concerned parties of the situation and will make arrangements for an independent company to act for the other Clients. If a purchase results, the Commission shall immediately be due and payable, less the Balance of the Search Fee (if any).
5.4 All sums including the Search Fee, the Commission and the Expenses payable under this agreement are exclusive of VAT and the Client shall in addition pay VAT on all amounts due to the Company under these terms.
5.5 If any amount due to the Company is not paid by the due date as set out herein or on the due date referred to in any invoice rendered by the Company to the Client, the Client shall in addition pay interest on the amount outstanding at the rate of 1.5% per month from the date that the same was due until the date of actual receipt of payment by the Company.
6 Variations and Modifications of the Conditions
No variation or modification of the Conditions shall be made and be binding on the Company unless the same are in writing and signed by a proprietor for the time being of the Company.
7 Extension of the Term
The Company may at its discretion agree to extend the Term if the same has run for a period of twenty four months for a further period to be agreed with the Client and a further Search Fee shall be paid and once paid and accepted by the Company then the Term and any Contract shall continue for the further period.