Cliff Gardiner Property Search Agent Terms and Conditions
TERMS AND CONDITIONS OF BUSINESS
In these Terms, capitalised words and expressions have the meaning set out in the schedule (unless the context requires otherwise).
The Company shall use all reasonable endeavours to locate a suitable property for you. At your request, we will also negotiate on your behalf the terms of any such purchase (the “Services”). You agree not to appoint any other party to provide the same or similar services without the Company’s prior consent.
You shall pay to us the Commission for the purchase of any property: (i) located; (ii) introduced; or (iii) secured by us for you. The Commission payable by you to the Company is based on the aggregate value of the purchase price including ﬁxtures and ﬁttings, any additional items which you have agreed to purchase from the vendor, and the value of any non cash consideration in relation to the purchase. The Commission will become due and payable in full at exchange of contracts (whether conditional or unconditional). The Company may invoice the Client for the Commission as soon as it becomes due and payable. Where you engage us in the course of a business, the Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 and the Client shall pay the interest immediately on demand.
Save as required by law:
the Company shall not be liable for any loss of proﬁt or opportunity or for any indirect loss, damage, costs or expenses (including by reason of the Company’s negligence) arising in relation to the provision of the Services.
the Company’s total liability to you arising out of in relation to the provision of the Services or any breach or non-performance in contract, tort or otherwise shall be limited to any Commission paid by you to the Company.
Any information or reports provided by the Company (whether prepared by the Company or another third party) as part of the Services may not be relied upon by you and are intended for guidance pur-poses only. The Client will be responsible for engaging the services of any third parties (for example, but not limited to, solicitors and surveyors) as may be necessary for the purposes of investigating and purchasing a property.
Either we or you may terminate the Company’s appointment at any time by giving written notice to the other. For the avoidance of doubt, any sums due and payable by the Client to the Company will remain due and payable notwithstanding the termination of the Company’s appointment.
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