Terms and Conditions
1.Definitions In these terms and conditions the following words shall bear the following meaning:

1.1 “We”, “us”, “our”, “the company” are references to GH Holme Search Ltd.

1.2 “You”, “your”, “the customer”, “the client” shall mean the person, firm or company placing an order for our services whether orally or in writing.

1.3 The section titles in this agreement are used solely for the convenience of the parties and have no legal or contractual significance.

2. Supply of Service

GH Holme Search Ltd shall use reasonable care and skill to ensure that it provides services in good faith, based on the information and instructions you provide, and in accordance with our terms and conditions provided below, In providing search reports and services we will comply with the search code.

2.1 The customer contracts with us as principal whether or not the customer in turn contracts as agent on behalf of its own client or customer.

2.2 When you instruct or authorise us to carry out a search or provide a service on your behalf, your instruction or authorisation constitutes an acceptance by you of your liability to pay for the service, in accordance with our terms and conditions.

2.3 If the information you provide is insufficient for us to provide the service, we will be unable to proceed until this is rectified, and we will not accept any responsibility for any resulting delay.

2.4 If the information or instructions that you provide are misleading or inaccurate, you are still liable for the cost of the service offered in accordance with the instructions provided.

2.5 You may only use our services for your own purposes, or on behalf of the client who has commissioned it, and you may not disclose or resell the information or services provided to third parties without our specific written authority.

2.6 You should notify us of any defect or inaccuracy in the service or product provided by us within seven (7) days of the error being discovered.

2.7 Any time quoted for delivery is an estimate only and we shall not be liable for any losses or damages arising as a result of late or non-delivery.

2.8 Any oral cancellation of an order or service must be confirmed in writing. You may remain liable for any expenses we may have incurred prior to cancellation.

2.9 Where information required to answer certain CON29 ‘R’ 2007 Part 1 questions can only be made available at an additional cost/time element we undertake to inform the client of any additional fees that may be chargeable for obtaining such information.

2.10 In the event of the client requesting ‘copy documents’, a fee will be charged based on the cost/time elements of obtaining said documents and any local authority disbursement. We undertake to inform the client of such fees at the time of the request or before providing any such document.

2.11 Search Reports will be returned electronically, unless instructed otherwise, there may be a fee towards paper and printing.

3. Prices and Payment

3.1 You are liable to pay us for the service provided at the rate we advise you before or when we provide such services

3.2 Prices shown in our price list are subject to alteration by us and we will advise you before or when our services are provided.

3.3 Payment must be received within 10 days of Invoice.

3.4 We reserve the right to recover our reasonable costs in recovering the debt.

4.Warranties and Limitation of Liability

4.1 We do not warrant or guarantee the services of third party service providers.

4.2 We have professional Indemnity Insurance of £2 million per claim. This insurance is provided by Royal and Sun Alliance Insurance plc. Further details are available on request.

4.3 The local authority or data provider will be liable for any negligent or incorrect entry in the records. GH Holme Search Ltd will be liable for any negligent or incorrect interpretation of the

records searched and the recording of that interpretation in the search report. However, specialist search insurance provided with our searches provides cover for errors and omissions in Local Authority data and records. The underwriter of this policy is Stewart Title Ltd, details are included in our search reports.

4.4 We take reasonable skill and care in acquiring data and information we provide to you, but we shall not be deemed to warrant the accuracy of the data and information provided to us where such information has either been provided verbally and is not capable of independent verification by a third party, or the data provider does not allow us access to inspect its registers.

4.5 If we shall be unable to fulfil an order for any reason whatsoever we shall incur no liability for any loss or damage arising therefrom.

4.6 In the event that you or your client suffers loss as a direct result of our negligence, our liability, which excludes any liability for indirect or consequential loss, shall not exceed £2,000,000.

5. Complaints Procedure

GH Holme Search Ltd have a formal written complaints procedure for handling complaints speedily and fairly. If you wish to make a complaint, you should contact: GH Holme Search Ltd, Sycamore House, Port Royal, Holme Upon Spalding Moor YO43 4DX Tel:07879815789 We will:
Acknowledge your complaint within 5 working days of receipt,

Normally deal with it fully and provide a final response, in writing, within 20 working days of receipt,
Keep you informed by letter, telephone or e-mail, as you prefer, if we need more time,
Provide a final response, in writing, at the latest within 40 working days of receipt,

Liaise, at your request, with anyone acting formally on your behalf.

Independent dispute resolution
If you make a complaint and we are unable to resolve it to your satisfaction you may refer the complaint to The Property Ombudsman scheme (website www.tpos.co.uk, email: admin@tpos.co.uk). We will co-operate fully with the Ombudsman during an investigation and comply with his final decision.

6. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations caused by any circumstances beyond its reasonable control including but not limited to industrial disputes or interruption to any telecommunication satellite broadcast services used to carry the service to the customer.

7. Jurisdiction

This agreement shall be governed and construed in accordance with English Law and shall be subject to the jurisdiction of English Courts.