||Definitions and Interpretations
In these Conditions unless the context otherwise requires:
||"The Company" means Pinkwell Property
||"The Client" means the person, firm
or company who enters into a contract with the Company for
the Company to find a suitable property for the Client such
contract to incorporate the Conditions.
||"The Term" means the term of the
contract under Clause 3 below.
||"The Conditions" means the terms
and conditions herein contained.
||"The Search Fee" means the sum of
£550.00 plus VAT.
||"The Commission" means 1.5% of the
purchase price of any property purchased by the Client and
referred to in Clause 5.
||"The Expenses" means the expenses
of the Company carrying out its obligations in Clause 2 provided
that the total amount of the expenses chargeable to the Client
shall not exceed the Search Fee.
||"The Balance of the Search Fee" means
the Search Fee less the Expenses but which can only be credited
to the Client under Clause 5.1.
|| Reference to the Company means the Company
and where applicable the proprietor, employees or agents of
Payment of the Search Fee and the Companys Obligations
Subject to and conditional on payment of a Search Fee the
Company shall use all reasonable endeavours to identify a
property which conforms to the general parameters provided
by the Client and if required to negotiate on the Clients
behalf for the purchase of such a property.
|| The term during which the Company shall carry
out the obligations under Clause 2 shall be a period of twelve
months from payment of the Search Fee or until the Client
has completed the purchase of a property or until the Client
instructs the Company to cease acting on the Clients
behalf whichever is the sooner.
|| In the event of the Term being less than a
period of twelve months for any of the reasons mentioned in
Clause 3.1 above this shall not entitle the Client to any
refund of the Balance of the Search Fee. The Balance of the
Search Fee can only be credited to the Client in the circumstances
mentioned in Clause 5.1.
Liability of The Company
|| Neither the Company nor the persons referred
to in Clause 1.9 have been engaged by the Client (as the Client
admits) on the basis of any professional or other qualification
and whether as surveyor or valuer and the Company specifically
does not hold itself out as having any such qualification
or otherwise. Any report, description, expression of opinion
or otherwise given to the Client by the Company as to the
condition or value of any property cannot be relied upon.
Any opinion given to the Client by the Company and others
aforesaid as to the amount that the Client may have to offer
or does offer in order to purchase a property is not to be
relied upon as a valuation or an opinion of the price that
the Client could expect to pay for a purchase or should expect
to receive if the Client should resell the property. The Client
is advised to obtain specialist reports and valuation before
proceeding further with any purchase of a property.
|| Where the Company supplies particulars, information,
reports otherwise to the Client which are provided to the
Company by any third party including Estate Agents particulars,
valuation reports, surveys or otherwise, then unless otherwise
stated expressly in writing the Company shall not be bound
to check the accuracy of any such particulars, information,
reports or otherwise and the Company shall have no liability
in negligence, contract or otherwise as to the information