1. Interpretation
1.1 ‘The Customer’ shall mean the registered proprietor(s) of the Property or those duly authorised to sell the Property.
1.2 The Company shall mean Fusion Hips Limited (Company Registration Number 5912647) whose registered office address is situated at 14 Cartwright Court, Dyson Wood Way, Bradley Business Park, Huddersfield.
1.3 The Act shall mean The Housing Act 2004 and any regulations published in accordance with the Housing Act 2004 from time to time.
1.4 ‘HIP’ shall mean Home Information Pack.
1.5 Reference to any statute or statutory provisions includes a reference to that statute or provision as from time to time amended extended or re-enacted or consolidated and to all statutory instruments or orders made under it.
1.6 Words denoting the singular number only include the plural and vice versa.
1.7 Words denoting any gender include all genders and words denoting persons include firms and corporations and vice versa.
1.8 VAT shall be the prevailing rate of Value Added Tax from time to time payable upon the Company’s services.
2. The Agreement
2.1 The Customer hereby instructs Fusion Hips Limited (‘the Company’) to prepare a Home Information Pack in respect of the Property.
2.2 The Customer will act in good faith towards the Company and will facilitate the preparation of the HIP by inter alia, granting reasonable and timely access to the Property to the Company’s appointed Domestic Energy Assessor, and producing, wherever possible, documents required to be included in the HIP such as ground rent receipts or demands and, if required, hereby authorises the Company or a Conveyancer appointed by the Company to obtain the title deeds to the property which may be held by a third party.
2.3 Where applicable, the Customer hereby authorises the Company to make enquiries of the freeholder to the property and if necessary any Managing Agents and the Customer accepts that he will be responsible for the payment of any disbursements incurred by the Company in obtaining additional information regarding the payment of ground rent, buildings insurance premiums and service charge payments.
2.4 In the event that the Customer has chosen a deferred payment option then the Customer hereby authorises their appointed Conveyancer to pay the total outstanding cost of the HIP to the Company on legal completion.
2.5 Should the Company discover that the title to the Property is unregistered the Company shall appoint a firm of Conveyancers to supply the legal content of the HIP and the Customer will pay to the Company an additional £75 plus VAT.
2.6 The Customer will advise the Company immediately when;
(i) contracts have been exchanged for the sale of the Property and/or
(ii) if he withdraws the property from the market.
2.7 Payment terms are no later than 7 days from the date of invoice or alternatively on the sale of the property, 9 calendar months from the date of the agreement or upon withdrawal of the property whichever is the earlier. Overdue accounts will be subject to interest which will be charged at 3% above the Bank of England Base Rate or 2% per month until settlement is received. Failure to pay within the period specified shall entitle us to charge additional fees and expenses incurred for referral of the matter to our debt collection agent for recovery of the account.
3. The Company’s Obligations
3.1 The Company undertakes and agrees to produce a Fusion HIP in accordance with (i) all generally accepted professional standards for the provision of HIPS, and (ii) any published accredited standards that may become available from time to time.
3.2 The Company shall provide the Customer with an electronic copy of the HIP when all the HIP components as required under the Act are available and, when specifically requested to do so, provide a hard copy of the HIP when all the HIP components as required under the Act are available.
3.3 The Company shall make available at the request of the Customer an electronic copy of the HIP to the Customer’s appointed selling agent (if any) when all the HIP components as required under the Act are available.
3.4 Provide the Customer with access to the Fusion Hips Helpdesk during normal office hours.
3.5 Ensure that the suppliers of local search information, legal content and Energy Performance Certificates shall carry Professional Indemnity Insurance for a minimum of £2 million per property.
3.6 Ensure that the Company and the suppliers of the local search information are registered with the Property Code Compliance Board.
4. Miscellaneous Provisions
4.1 The Customer acknowledges that all copyright trademarks and all other intellectual property rights in materials and/or content made available as part of their use of the Company’s services shall remain the property of the Company.
4.2 The Company shall take all reasonable precautions to keep the details of the Customer’s order and payment secure. Personal data shall be obtained, maintained, stored, used and passed on only in strict accordance with the Data Protection Act 1998.
4.3 The Company shall be under no liability for any delay or failure to deliver the HIP or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond the Company’s reasonable control.
4.4 The Company reserves the right to transfer assign novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
4.5 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
4.6 The parties agree that the contents of this Agreement and in particular the pricing structure and payment options referred to above shall not be disclosed to any third party except; those required by law and; professional advisers, auditors and bankers who are bound to the disclosing party by a duty of confidence.
4.7 The price structure referred to above includes various fixed cost elements provided by third parties including the Land Registry, the Local Authorities and water and drainage companies. If any of the fixed cost elements are raised by any third party during the term of this Agreement the Company reserves the right to increase the charge for the HIP by the actual amount of any such increase subject to the Company providing the Customer with a minimum of 14 days’ notice of any such intended changes.
4.8 The completed HIP will remain in the ownership of the Company until such time as it has been paid for in full.
4.9 In the event you cancel your HIP order then we reserve the right to make a charge for the work we have carried out on your behalf up to the time we are notified that your matter is not to proceed.