Legal
Customer
and Clients are asked to note these terms, which govern the basis on which this
CommercialDW Drainage & Water Enquiry Extra Plus is supplied
Definitions
‘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 a water service company or their
data service provider producing the Report.
‘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.
‘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.
‘Thames Water” means Thames Water Utilities Limited
registered in England and
Wales under number 2366661 whose registered office
is at Clearwater Court, Vastern Road, Reading, Berks, RG1 8DB;
Agreement
1. Thames Water agrees to supply the
Report to the Customer and the Client subject to these terms. The scope and
limitations of the Report are described in paragraph 2 of these terms. Where
the Customer is acting as an agent for the Client then the Customer shall be
responsible for bringing these terms to the attention of the Client. The
Customer and Client agree that the placing of an Order for a Report indicates
their acceptance of these terms.
The Report
2. Whilst Thames Water 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 Thames
Water cannot be responsible to the Customer and the Client for any change in
the information contained in the Report after the date on which the Report was
produced and sent to the Client.
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.
2.4 The
Report provides information as to the location and connection of existing
services and should not be relied on for any other purpose. The Report may
contain opinions or general advice to the Customer and the Client and Thames
Water cannot ensure that any such opinion or general advice is accurate,
complete or valid and accepts no liability therefore.
2.5 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.
Liability
3. Thames Water shall not be liable
to the Client for any failure, defect or nonperformance of its obligations
arising from any failure of, or defect in any machine, processing system or
transmission link or anything beyond Thames Water’s reasonable control or the
acts or omissions of any party for whom Thames Water are not responsible.
3.1 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) Thames
Water 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 Thames Water in respect of any claim by the Client.
3.2 Where
a report is requested for an address falling within a geographical area where
Thames Water and another Company separately provide Water and Sewerage
Services, then it shall be deemed that liability for the information given by
Thames Water or the Company as the case may be will remain with Thames Water or
the Company as the case may be in respect of the accuracy of the information
supplied. Where Thames Water is supplying information which has been provided
to it by another Company for the purposes outlined in this agreement Thames
Water will therefore not be liable in any way for the accuracy of that
information and will supply that information as agent for the Company from
which the information was obtained.
3.3 Except
in respect of death or personal injury caused by negligence, or as expressly
provided in these Terms:
3.3.1 The entire liability of Thames
Water or the Company as the case may be in respect of all causes of action
arising under or in connection with the Report (whether for breach of contract,
negligence or any other tort, under statute or statutory duty or otherwise at
all) shall not exceed £10,000,000 (ten million pounds); and
3.3.2 Thames Water 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 of
profit, loss of goodwill, loss of reputation, loss of business or any indirect,
special or consequential loss, damage or other claims, costs or expenses;
Copyright and Confidentiality
4. 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 Thames Water or the Company as the case
may be. No intellectual or other property rights are transferred or licensed to
the Customer or the Client except to the extent expressly provided
4.1 The
Customer or Client is entitled to make copies of the Report but is not
permitted to copy any maps contained in, or attached to the Report
4.2 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.
4.3 The
Customer and 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.
Payment
5. Unless otherwise stated all
prices are inclusive of VAT. The Customer shall pay for the price of the Report
specified by Thames Water, without any set off, deduction or counterclaim.
5.1 Unless
payment has been received in advance, Customers shall be invoiced for the
agreed fee once their request has been processed. Any such invoice must be paid
within 14 days. Where the Customer has an account with Thames Water, payment
terms will be as agreed with Thames Water.
5.2 No
payment shall be deemed to have been received until Thames Water has received
cleared funds.
5.3 If
the Customer fails to pay Thames Water any sum due Thames Water shall be
entitled but not obliged to charge the Customer interest on the sum from the
due date for payment at the annual rate of 2% above the base lending rate from
time to time of Natwest Bank, accruing on a daily basis until payment is made.
Thames Water reserves the right to claim interest under the Late Payment of
Commercial Debts (Interest) Act 1998.
5.4 Thames
Water reserves the right to increase fees on reasonable prior written notice at
any time.
Cancellations or Alterations
6. Once an Order is placed, Thames
Water shall not be under any obligation to accept any request to cancel that
Order and payment for the Order shall still be due upon completion of the
Report. In cases where an error has been made in the original Order (e.g. the
Customer has supplied an incorrect address), the Customer will need to place a
second Order, detailing the correct information, and shall be liable to pay a
second charge in accordance with clause 5 above.
Delivery
7. On receiving your order the
reports will be posted to you within 10 working days from receipt.
7.1 Delivery
is subject to local post conditions and regulations. All items should arrive
within 12 working days, but Thames Water cannot be held responsible should
delays be caused by local post conditions, postal strikes or other causes
beyond the control of Thames Water.
General
8. If any provision of these terms
is or becomes invalid or unenforceable, it will be taken to be removed from the
rest of these terms to the extent that it is invalid or unenforceable. No other
provision of these terms shall be affected.
8.1 These
terms shall be governed by English law and all parties submit to the exclusive
jurisdiction of the English courts.
8.2 Nothing
in this notice shall in any way restrict the Customer or Clients 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.
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