Terms

This document unless the context otherwise requires the following expressions have the explicit meanings:

“Success Fee” means the figures set out on the opening page of these terms and conditions payable by you to Premier Property Finders should Premier Property Finders introduce you to a property which you subsequently purchase or rent. For the avoidance of doubt this amount shall be payable by you to Premier Property Finders upon completion;

“ Completion “ means, in respect of a property introduced by Premier Property Finders (a) in the case of a purchase, the exchange of contracts between you, your spouse or your partner (or, in the case of a corporate customer, your employee) and the property vendor or the vendor’s agent or (b) in the case of a rental, upon entering into a lease) (or anything analogous to a lease) between you, your spouse or partner (or in the case of a corporate customer your Employee) and the owner of the property or the owners agent;

“ Contract” means the contract for the supply of the Services between you and Premier Property Finders and incorporate these terms and conditions and the detail set out on the opening page;

Services” means those services supplied to you by Premier Property Finders as set out on the opening page or such other services as may be agreed between parties in writing from time to time.

This document sets out the terms and conditions on which Premier Property Finders accept your instructions and charge for the Services. These terms and conditions are the only terms and conditions upon which Premier Property Finders is prepared to deal with you and they shall govern the Contract to the entire exclusion of all other terms and conditions.

Engagement

You agree to engage Premier Property Finders and Premier Property Finders agrees to provide the Services to you in accordance with the provisions of these terms and conditions.

Right to withdraw instructions

You have the right to withdraw, without charge, your instructions for Premier Property Finders to carry out the services within seven working days of the date of this contract. Please note that this right will cease if Premier Property Finders start work with your consent within this seven day period.

until terminated pursuant to the provisions of clause 10.

Duties

Premier Property Finders shall, subject to payment by you pursuant to

Premier Property Finders undertakes to:

a. Have the necessary skill and expertise to provide the Services on the terms and conditions set out in this document;
b. Provide the Services in a timely and professional manner and to conform to the industry for similar services and to provide the Services with reasonable skill and care.

Any information, report, or specification on a property may not be provided to you exclusively and you acknowledge that Premier Property Finders may provide the same or similar information to other third parties and no reservation is given to you on any property by entering into this Contract.

Your Obligations

In addition to the obligations set out elsewhere in this Contract you agree to promptly provide Premier Property Finders such information and documents as it may reasonably request for the proper performance of its obligations hereunder and be responsible for ensuring that such information is true, accurate, complete and not misleading in any material aspect.

Charges and Fees

You shall pay Premier Property Finders the success fee upon Completion in respect of a property introduced by Premier Property Finders under the terms and conditions contained in this Contract.

For the avoidance of doubt, a property will be introduced by Premier Property Finders where Premier Property finders is in any way instrumental in assisting you ( or in the case of a corporate customer, your Employer ) to reach completion.

Time for payment of the charges set out in this Contract shall be of the essence.

Premier Property Finders shall be entitled at any time and from time to time to vary any or all of such charges and fees set out above to accord with market conditions in force from time to time provided that no such variation shall have effect unless and until written notice thereof is given to you and in respect of the Success Fee such figure shall not be varied from the date of the signature of this Contract until completion. VAT will be added unless zero rating or an exemption applies.

If any sum payable under these terms and conditions within 7 working days after the due date then ( without prejudice to Premier Property Finders other rights and remedies ) Premier Property Finders reserves the right to charge interest on such sum on a day to day basis ( as well as after as before judgement ) from the date or last date of payment thereof to the date of actual payment ( both dates inclusive ) at a rate of [ 2% ] above the base rate of Barclays Bank plc or such other London Clearing Bank as Premier Property Finders may nominate from time to time. Such interest shall be paid by you on demand by Premier Property Finders.

Intellectual Property Rights

All intellectual Property rights in documentation, leaflets, property results or other similar material provided to you by Premier  Property Finders during the course of this Contract belong to Premier  Property Finders.

Termination

This Contract maybe terminated with effect from the end of the search period by either party giving to the other written notice. In the event that the contract is terminated in this way you will be liable to pay Premier Property finders for all the Services provided up to the date of termination and for all reasonable costs and expenses incurred by Premier Property Finders by reason of such termination.

Furthermore should Completion take place in respect of a property introduced by Premier Property Finders within six (6) months of termination of these terms and conditions you will still be liable to pay the Success Fee to Premier Property Finders upon completion.

This Contract may be terminated forthwith by Premier Property Finders if you have not fulfilled or, in Premier Property Finders sole opinion, believe that you cannot fulfil, your payment obligations under this Contract.

This Contract may also be terminated by Premier Property finders on giving notice to you if you are in material breach of the terms and conditions of this Contract and have failed to rectify such breach ( in the case of a breach capable of being remedied) within fourteen (14) days of receiving a written notice requiring you to do so.

Any termination of this Contract shall discharge the parties from any liability for further performance of this contract. For the avoidance of doubt this does not discharge you from your obligation to pay all outstanding unpaid amounts due in accordance with the terms and conditions of this Agreement which will remain payable on termination of this Contract.

Any termination of this contract (howsoever caused) shall not affect the accrued rights or liabilities of either party nor shall it affect the coming into force or the continuation in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.

Liability

All information, documentation, photographs and video footage prepared by Premier Property Finders are presented in good faith and intended to be used by you for guidance only. Premier Property Finders does not warrant that the information, documentation, photographs or video footage are accurate and you should satisfy yourself as to their correctness and accuracy.
You acknowledge that the final decision regarding the suitability of a particular property is your sole responsibility and Premier Property Finders accepts no liability in respect of such a decision.

Any documentation provided by Premier Property Finders shall no be construed as a contract for the purchase or letting of property or an interest in land, nor should any information or documentation provided be used instead of appropriate searches, enquiries and inspections for which Premier Property Finders recommends that you take independent advice. Premier Property Finders accepts no liability for loss arising as a result of false, incomplete, inaccurate or misleading information provided by you under the terms of this Contract.

Premier Property Finders accepts no liability for any defects in title, structural defects or any other restriction, covenant or restrictive covenant which may be found to burden a property introduced to you by Premier Property Finders.
Notwithstanding the obligations of Premier Property Finders under this Contract, nothing contained herein shall be construed as a guarantee that a suitable property will be located.

Except in respect of injury to or death of any person or any other liability which cannot be limited or excluded by law (for which no limit applies) the liability of Premier Property Finders for direct loss caused to you shall not exceed the price paid by you under the terms and conditions of this Agreement.

Notwithstanding anything else contained in this Contract, Premier Property Finders shall not be liable to you for any special, indirect or consequential loss whether arising from negligence, breach of contract or howsoever.
Nothing in this Contract shall affect your statutory rights as a consumer.

Force Majeure

Premier Property Finders shall not be liable for any delay in performing its obligations if such delay is caused by circumstances beyond it’s reasonable control (including without limitation any delay caused by your act or omission).
The performance of Premier Property Finders obligations shall be suspended during the period that the force majeure circumstances persist and Premier Property Finders shall be granted an extension of time for performance equal to the period of delay.

General

Notwithstanding that the whole or any part of any provision of this Contract may prove to be illegal or unenforceable the other provisions of this Contract and the remainder of the provision in question shall remain in full force and effect.

No forebearance , delay or indulgence by either party in enforcing the provisions of this Contract shall prejudice or restrict the rights of the party nor shall any waiver of it’s rights operate as a waiver of any subsequent breach and no right power or remedy conferred in this Contract upon or reserved for either party is exclusive of any other right , power or remedy available to that party and each such right power or remedy shall be cumulative.

This Contract constitutes the entire contract between the parties and supersedes all prior arrangements (both oral and written) relating to this subject matter of this Contract. Each of the following parties acknowledges that: