Legal
The Customer and the Client
are asked to note these terms and conditions, which govern the basis on which
the CON29DW Commercial Drainage & Water Enquiry is supplied.
Definitions
“Apparatus” means the public assets shown on the Company’s map keys relevant to the Report.
“Client” means the person, company or body who is the intended recipient of the Report with an actual or potential interest in the Property.
“Company” means the company who produces the Report, being Thames Water
Utilities Limited, a company registered in England and Wales with company
number 02366661 and whose registered office is at Clearwater Court, Vastern Road, Reading, Berkshire, RG1 8DB.
“Customer” means the person, company, firm or other legal body placing
the Order, either on their own behalf as Client, or, as an agent for a Client.
“Order” means any request completed by the Customer requesting the
Report from the Company.
“Property” means the address or location supplied by the Customer in the
Order.
“Report” means the drainage and/or water report prepared by the Company
in respect of the Property, including any maps provided as part of such reports.
1. Agreement
1.1 The
Company agrees to supply the Report to the Customer and the Client subject to
these terms and conditions in this Agreement.
The scope and limitations of the Report are described in clause 2 of this
Agreement. Where the Customer is acting
as an agent for the Client then the Customer shall be responsible for bringing
these terms and conditions to the attention of the Client.
1.2 The
Customer and the Client agree that the placing of an Order for a Report and the
subsequent provision of a copy of the Report to the Client indicates their
acceptance of these terms and conditions.
2. The Report
Whilst the Company will use reasonable care and skill in producing the
Report, it is provided to the Customer and the Client on the basis that they
acknowledge and agree to the following:-
2.1 The information contained in the Report can change on a regular basis so
the Company cannot be responsible to the Customer or the Client for any change
in the information contained in the Report after the date on which the Report
was produced.
2.2 The Report
does not give details about the actual state or condition of the Property nor should it be used or taken to indicate or
exclude actual suitability or unsuitability of the Property for any particular
purpose, or relied upon for determining saleability or value, or used as
substitute for any physical investigation or inspection. Further advice and
information from appropriate experts and professionals should always be
obtained.
2.3 The information contained in the Report is based upon the accuracy,
completeness and legibility of the address and other information supplied by
the Customer or Client when placing the Order.
2.4 The Report provides information as to the indicative location and
connection of existing services and other information in relation to drainage
and water enquiries and should not be relied on for any other purpose.
2.5 The Report is produced only for use in relation to transactions which
require the provision of drainage and water information.
2.6 The Customer shall only use the Report for the
purpose set out above in clause 2.5, for which it is supplied in accordance
with these terms and conditions.
2.7 The position and depth of Apparatus shown on any maps attached to the
Report are approximate, and are furnished as a general guide only, and no
warranty as to its correctness is given or implied. The exact positions and depths should be
obtained by excavation trial holes and the maps must not be relied on in the
event of excavation or other works made in the vicinity of Apparatus shown on
any maps.
3. Disclaimers
3.1 Without
prejudice to any other terms and conditions set out herein, the Company accepts
responsibility for any inaccuracy in the location of Apparatus, or missing
Apparatus contained in the maps within the Report only where such inaccuracies
or errors arise as a direct result of the negligence of the Company and the
existence of which the Company should reasonably have been aware.
4. Liability
4.1 The Company
shall not be liable to the Customer or Client in contract, tort, negligence,
breach of statutory duty, misrepresentation or otherwise for any inaccuracies, mistakes or omissions in the Report unless any such
liability arises as a direct consequence of the Company’s negligence and the
existence of which the Company should reasonably have been aware.
4.2 Where the
Customer sells this report to a Client (other than in the case of a bona fide
legal adviser recharging the cost of the Report as a disbursement) the Company
shall not in any circumstances (whether for breach of contract, negligence or
any other tort, under statute or statutory duty or otherwise at all) be liable
for any loss or damage whatsoever and the Customer shall indemnify the Company
in respect of any claim by the Client.
4.3 Notwithstanding
clause 4.1 above, the Company does not exclude liability for (a) death or
personal injury arising from its negligence, (b) fraud or fraudulent
misrepresentation, and (c) any other liability which cannot be excluded or
limited by law.
4.4 Subject to
clause 4.3 above, the Company’s total liability to the Customer or Client,
whether for breach of contract, tort, negligence, breach of statutory duty,
misrepresentation or otherwise, arising under or in connection with these terms
and conditions and/or the provision of a Report shall be limited to £10 million
in aggregate.
5. Copyright and
Confidentiality
5.1 The Customer
and the Client acknowledge that the Report is confidential and is intended for
the personal use of the Client. The copyright and any other intellectual
property rights in the Report shall remain the property of the Company and/or
its licensors. No intellectual or other property rights are transferred or
licensed to the Customer or the Client except to the extent expressly provided
in these terms and conditions.
5.2 The Customer
or Client is entitled to make copies of the Report for their own internal
purposes but may only copy Ordnance Survey mapping or data contained in or
attached to the Report if they have an appropriate licence from the originating
source of that mapping or data.
5.3 The Customer
and the Client agree (in respect of both the original and any copies made) to
respect and not to alter any trademark, copyright notice or other property
marking which appears on the Report.
5.4 The maps contained
in the Report are protected by Crown Copyright and must not be used for any
purpose outside the context of the Report.
5.5 The enquiries
in the Report are protected by copyright by the Law Society of 113 Chancery
Lane, London WC2A 1PL and must not be used for any purpose outside the context
of the Report.
5.6 The Customer
and the Client agree to indemnify the Company against any losses, costs,
claims, and damage suffered by the Company as a result of
any breach by either of them of clauses 5.1 to 5.5 inclusive.
6. Payment
6.1 Unless
otherwise stated all prices are inclusive of VAT. The Customer shall pay for
the price of the Report specified by the Company, without any set off,
deduction or counterclaim. Unless otherwise agreed in writing between the
parties, the Company must receive full payment for the Report in advance of the
Report being produced. Where the parties agree that payment is not required in
advance, the Customer must pay for the Report in full within 14 days of the
date of the invoice, unless otherwise agreed in writing between the parties.
7. Cancellations or
Alterations
As a consumer
7.1 Where the
Customer is an individual consumer (and not acting for purposes wholly or
mainly relating to his or her trade, business, craft
or profession), the Customer has specific legal rights relating to cancellation
of any Order the Customer may place. The Customer may cancel his or her Order
at any time within 14 days after the day on which the Order is entered into (“Cancellation
Period”).
7.2 To exercise
the right to cancel, the Customer must inform the Company in writing of his or
her decision to cancel the Order.
7.3 Where the
Customer is ordering a Report as a consumer, due to the Customer’s cancellation
rights, the Company will not process the Order or provide the Report to the
Customer before the end of the Cancellation Period unless the Customer provides
his or her express consent and acknowledges that he or she will lose the right
to cancel the contract under regulation 29(1) of the Consumer Contracts
(Information, Cancellation, and Additional Charges) Regulations 2013.
7.4 Notwithstanding
above clauses 7.1 to 7.3 (cancellation rights), should the Customer wish to
cancel the Order beyond the Cancellation Period and/ or despite its consent to
waiver the Cancellation Period, the
Company may still consider a Customer’s cancellation request of any Order and
any such cancellation shall be in accordance with its cancellation policy,
which can be found on the Company’s website.
As a business
7.5 The
Cancellation Period does not apply to the Customer’s Order if the Customer is
placing the Order wholly or mainly for purposes relating to their trade,
business, craft or profession.
7.6 If the
Customer cancels the Order other than in accordance with this clause the
Customer may be liable for fees as detailed in the Company’s cancellation
policy which can be found on the Company’s website.
8. Complaints
8.1 The Company’s
complaints procedure is available on the Company’s website.
8.2 The Company
should acknowledge a complaint within 5 working days from receipt.
8.3 If the
Customer follows the Company’s complaints procedure but is dissatisfied with
the response, the Customer may refer the complaint for consideration under The
Property Ombudsman Scheme (TPOs) who can award compensation up to £25,000.
Further information can be obtained by visiting www.tpos.co.uk
or by sending an email to admin@tpos.co.uk.
8.4 In addition to TPO redress scheme covering consumers, TPO will also provide redress to small businesses (including Charities and Trusts) that meet the following criteria:
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small business (or group of companies) with an annual turnover of less than £3 million;
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charity with an annual income of less than £3 million;
9. General
9.1 We are a member of the Drainage and Water Searches Network (DWSN), a membership organisation for companies who are responsible for compiling full and complete responses to the Law Society’s CON29DW Residential and CON29DW Commercial products. For more information please visit www.con29dw.co.uk. The DWSN Standards are: -
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Promotion of best practice and quality.
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Maintain adequate insurance.
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Display the appropriate logos to signify high standards.
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Respond to complaints in a timely fashion and provide an appropriate escalation procedure.
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Comply with all applicable UK legislation, regulations and industry standards.
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Act in a professional and honest manner and provide a service with due care and skill.
9.2 These terms
and conditions are the only terms and conditions that shall apply to any Order
and the provision of a Report by the Company to the Customer and shall
constitute the entire agreement between the Customer and the Company and
supersede, replace and extinguish any previous
arrangement, understanding or agreement between the parties relating to such
Report.
9.3 In the event
of any conflict of inconsistency between any information on the Company’s
website describing the features of the Report and these terms and conditions,
then these terms and conditions shall prevail.
9.4 Where the
Customer is acting wholly or mainly in the normal course of his or her trade,
business, craft or profession, the Client is entitled to the benefit of these
terms and conditions. Save as provided in this clause 9.4, it is not intended
that any other person who is not a party to these terms and conditions has any
right to enforce any term or these terms and conditions under the Contracts
(Rights of Third Parties) Act 1999.
9.5 If any provision
of these terms and conditions is or becomes invalid or unenforceable, it will
be taken to be removed from the rest of these terms and conditions to the
extent that it is invalid or unenforceable. No other provision of these terms and
conditions shall be affected.
9.6 These terms and
conditions shall be governed by English law and all parties submit to the
exclusive jurisdiction of the English courts.
9.7 Nothing in these
terms and conditions shall in any way restrict the Customer or Client’s
statutory or any other rights of access to the information contained in the
Report.
These Terms & Conditions are available in larger
print for those with impaired vision.
Last updated: February 2024