Terms and Conditions
1.1 "the Client" means the person, firm or company to whom this contract is addressed.
1.2 "the Services" means the services provided by the Company to the Client pursuant to this contract.
1.3 "the Property" means the property that the Client purchases following an introduction to a seller by the Company.
2 FORMATION OF THE CONTRACT
2.1 These conditions shall form the basis of the contract between the Company and the Client. These conditions shall apply except so far as expressly agreed in writing by a person authorised to sign on behalf of the Company. No servant or agent of the Company has power to vary these conditions orally.
2.2 The acceptance by the Client of the Services shall constitute acceptance by the Client of these conditions.
2.3 The construction, validity and performance of these conditions and this contract shall be governed by English Law.
2.4 These general conditions shall be subject to such special conditions as may be prescribed in writing by the Company, as supplied to the Client at or prior to the date of this contract.
2.5 In the event of any conflict, or apparent conflict, between the special conditions and these general conditions, the special conditions shall prevail.
2.6 The introduction of the Client to the seller of the Property selected by the Client constitutes a pure introduction service. The contract for the erection and sale of the Property is a contract between the seller and the Client. Whilst the Company uses its reasonable endeavours to ensure the quality and integrity of sellers whom it introduces to the Client, the Company cannot accept any liability for any losses suffered by the Client resulting from breaches by the seller of its obligations to the Client.
2.7 Certain of the Services will be provided subject to the standard trading terms of a third party supplier ("the Supplier"). Such terms will inevitably include clauses limiting or excluding the Supplier's liability to the Client. This contract shall be deemed to include and be subject to such terms.
2.8 Although the Company believes that the information and content contained on the Company's web site (www.romanianpropertiesltd.co.uk) is accurate at the date of publication, no representation or warranty of accuracy is made. The information and content contained on this web site is provided for information purposes only and should not form the basis for any decision. The information and content contained on this web site is subject to change without notice.
2.9 By completing and signing the Registration Form you are deemed to have read, understood and accepted the present Terms and Conditions.
3 DELIVERY OF THE SERVICES
3.1 The Company will use all reasonable endeavours to provide the Services in a prompt and efficient manner, but due to the diverse nature of the Services and the fact that, in many cases, the Company is dependent on third parties for the carrying out of certain tasks, the timing of the provision of the Services is not guaranteed. No liability will be accepted for any loss suffered or caused through late delivery or non delivery of the Services and time of delivery of the Services shall not be of the essence.
3.2 Where the Company has provided its services as an agent of a third party, any recourse that the Client will have will be solely against such third party. Where the Company is liable for non-performance or improper performance by the third party, the Company's liability is limited to the amount that the Client can validly recover against the third party, under the trading terms of the third party.
3.3 In most instances, the Services effectively constitute an introduction service, for example the introduction of a tradesman or lender etc. Whilst the Company uses its reasonable endeavours to ensure the quality and integrity of persons whom it introduces to the Client, the Company cannot accept any liability for any losses suffered by the Client resulting directly or indirectly from work or services provided (or not provided) to the Client by any such third party.
3.4 The owner/ the Company does not warrant and is not responsible for the accuracy of any verbal information given or statements made by its agents.
3.5 The Company cannot be held liable under any circumstances for any loss or damages or claim arising by virtue of any work undertaken for clients by a third party including any party introduced by the Company. The Company shall not be liable for any claim arising howsoever in connection with suitability, value, structure or other aspects physical, moral or legal of any property introduced by the Company. Any claim by way of consequential damage arising out of any act of omission or commission by the Company is specifically excluded.
3.6 The Company reserves the right to change the present terms and conditions at any time without any notice.
3.7 If the Client wishes to claim that there is a material failure in the quality of the Services, the Client shall give notice in writing to the Company within 7 days after the time of supply of the Service in question, failing which the Services shall be deemed to have been satisfactorily provided.
3.8 The Company does not accept any liability whatsoever for injury, damages or loss caused by any reason or for any claim made as a result of their clients visiting Romania. It is the responsibility of clients to take out an adequate insurance policy(ies) to cover all this likely risks.
3.9 The Company will not be liable for any failure to supply the Services resulting directly or indirectly from the Client's failure to provide the Company with correct or complete instructions or the Client's fault.
3.10 The Company shall not be under any liability to the Clients or third parties for any loss or damage arising from any breach of contract, negligence, and misrepresentation or otherwise.
3.11 The Company shall not be liable for any consequential or indirect loss suffered by the Client or any third party in relation to this contract and the Client shall indemnify the Company in respect of any claim of any person in respect of such consequential or indirect loss.
3.12 In certain circumstances, the provision of the Services may be delayed or cancelled for reasons beyond the Company's control, including but not limited to strikes, fire or accidents. In such circumstances, the Company shall use its reasonable endeavours to make alternative arrangements on behalf of the Client, but it shall not be liable to the Client in any way as a result of any losses suffered by the Client in this regard. The Client may have recourse to a third party, subject to its trading terms.
3.13 Subject to the limitations of liability set out above, the Company's liability to the Client for any loss or damage (other than damages for personal injury or death resulting from the Company's direct negligence) which the Client may suffer is limited to a total amount equivalent to the amount payable to the Company under this contract, net of the sums required to be paid by the Company to third parties.
3.14 The foregoing sub-clauses of this clause 3 constitute the entire liability of the Company under this contract.
In the event that any property introduced by the Company is purchased by the Client:
4.1 A commission of 3% of the purchase price or 500 GBP (whichever is the greater) is to be paid by the Client in full before completion of the transaction.
4.2 Payment to the Company can be made using any of the following methods.
4.2.1 Cheque. Payment will only have been made when funds have been cleared.
4.2.2. Online banking transfer. Payment will only been made when cleared funds have been received into the Company bank account.
4.3 The Company reserves the right to charge the Commission as defined above should the Client at any time purchase a property introduced by the Company or viewed by the Company on behalf of the Client.
4.4 If the Client shall fail to make payments of any sum under any contract between the Company and the Client, the Company may, at its option, either withhold delivery of the Services until the total indebtedness of the Client to the Company has been discharged, or cancel this contract, following which the Company shall have no ongoing liability to provide the Services, though all invoiced but unpaid sums shall remain due and payable.
4.5 All legal costs and expenses reasonably incurred by the Company in seeking to collect overdue invoices from the Client or otherwise to enforce its rights under this contract will be recoverable from the Client on an indemnity basis.
5 DATA PROTECTION
5.1 The Company, other members of the Group and the agents of such persons may use your personal information ("the Information") to inform you about products and services which may be of interest to you.
5.2 If the Company, or other members of the Group, transfer the Information to any member of the Group or any agent located outside of the European Economic Area for the purpose of facilitating business, the Company will use its reasonable endeavours to ensure that the Information is kept confidential.
5.3 The Client can tell the Company in writing not to transfer the Information as set out above.
Romanian Properties Ltd - 10.11.2005