HIPs & EPCs in Essex
Terms & Conditions
1. Heron Property Services information
Heron Property Services is independent company whose registered address is 1 Heron Road, Kelvedon, Essex, CO5 9NE. Heron Property Services incorporates www.homeinformationpackcolchester.co.uk, K Consultancy and Local Pat.
2. Requesting our services
By requesting a home information pack or an energy performance certificate from us, you warrant that: (a) you 18 years old or over, and (b) you legally entitled to enter into contracts relating to the property or properties to which the contracts relate.
2.1 We will respond to any requests for home information pack or an energy assessment on a specific property by email, telephone or post. The response and cost, based on the information given will be provided by email, telephone or post, which ever you prefer. Any quotations of price are valid for a period of 45 days.
2.2 If you wish to place an order, we will accept this by email, telephone or post.
2.3 Once an order has been placed we will send an acceptance by post and contact you to arrange for the energy assessment to be carried out on the specified property.
2.4 There are certain laws that require Heron Property Services to send some information to you in a written hardcopy format. You acknowledge and agree that in some cases we will communicate with you electronically. For contractual purposes, you agree to this electronic means. This condition does not affect your statutory rights
3. Pricing, Payments and timing
3.1 The price we quote is both binding and payable prior to any assessment is carried out on the specified address. If there is an exception to this please contact us immediately to make other arrangements for payment.
3.2 Prices are quoted on the information you have initially supplied, therefore if the information was incorrect you agree to pay any additional fees or costs occurred
3.3 The home information pack or energy assessment will be sent as an electronic file to whomever you specify. A hard copy of the pack or report can be request as a substitution, or as an addition at a cost of £10.00 per pack or report.
3.4 Heron Property Services will endeavour to provide the home information pack or energy certificate within 10 working days if not sooner from the day we accept your order. This is a guide line only and we will not be held responsible for causes outside our reasonable controls or delays owing to holiday periods.
3.5 Additional charges may be incurred if information above the standard content is required by you to be included in your home information pack. In most cases we will try to accommodate your requests at little or no additional costs. Items that would incur a charge might be description of services charges for a flat or a copy of a lease.
4. Rights of Cancellation
4.1 All consumers have the right to a 7 day cooling off period, in which you can withdraw from the contract. This period starts from the day you receive our acceptance of your order. You can withdraw from the contract for any reason. This is subject to the provisions list in clause 4.4.
4.2 Contracts cancelled by you within the seven day cooling off period will be subject to clause 5.5. Were possible a full refund will be given excluding any postage or third party fees for reports that been ordered or incurred on your behalf. You will be liable for the costs of the postage to return the home information pack or energy performance certificate to us within 7 days.
4.3 Failure to return the pack or report will constitute the reinstatement of your order and all fees will be then be payable.
4.4 The right to cancel will not apply where you (the consumer) or your designated agent have: (a) already opened any sealed enveloped or electronic file containing the home information pack or energy performance certificate; (b) if you have already been issued with a the home information pack or the energy performance certificate; (c) if you or your agent authorise the preparation of the pack/ report before the 7 day cooling off period.
4.5 No cancellation will be accepted after the 7 day cooling off period, unless in extreme cases, and will be at our discretion.
4.6 Heron Property Services reserves the right to cancel our contract without giving reason. This will only come into affect if we believe, we have reasonable to suspect that false or misleading information has been given to us. Any cancelation will be given in writing. Any fees will be refunded less any direct costs we have incurred.
4.7 Heron Property Services reserve the right to cancel any contract due unexpected events, such as civil war, national power outage or hostile computer acts. These types of event are completely out of our control, and the cancellation will be used as a last resort. Where humanely possible a full refund will be given, providing all necessary lines of communication are open.
4.7 This clause does not affect your statutory rights.
5. This Website
Heron Property Services owns the website located at http://www.homeinformationpackcolchester(the "Website"). By accessing and using the Website you the user agree to be bound by these terms and conditions (the "Terms") which govern your access to and use of the Website and any contracts arising thereafter.
6. Ownership and Use of Content
6.1 All text, data, charts, tables, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trade marks, service marks and other material on the Website (the "Content") and all rights in it belongs to Heron Property Services. You may retrieve and display Content from the Website on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your personal use. Content may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any other way.
6.2 You agree not to adapt, alter or create a derivative work from any of the Content on the Website or to use it for any purpose other than for your personal and non-commercial use.
7. Unlawful Use
You agree to use this Website only for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the Website by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or the disruption of normal flow of dialogue within the Website.
8. Intellectual Property Rights
8.1 All copyright, trade marks, database rights and other intellectual property rights that may exist in this Website and the Content shall remain at all times the property of Heron Property Services.
8.2 The trade marks, service marks and logos used and displayed on this Website ("Trade Marks") are registered or unregistered trade marks of Heron Property Services. Nothing on this Website should be construed as granting, by implication or otherwise, any licence or right to use any Trade Mark without written permission from Heron Property Services.
9. Liability
9.1 We are not responsible for any lose of electronic data, once sent to you, we will however resent any data that is lost if it is still within our means to do so.
9.2 Heron Property Services is only liable to the consumer in respect of these terms and conditions or any contract to the value of £250,000, which corresponds with our level of insurance coverage. If you require any further coverage, please feel free to make your own arrangement. This does not in anyway limit our liability in the event of: (a) fraud or fraudulent misrepresentation by Heron Property Services; or death/ personal injury cause by our negligence; (c) any other matter for which would be illegal for us to exclude, or attempt to exclude, our liability
9.3 Heron Property Services accept no liability for any loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of data, loss of time or any other consequential loss or damage of any kind whether caused by breach of contract, negligence or otherwise.
9.4 The Website and Content is provided "AS IS" and on an "AS AVAILABLE" basis and Heron Property Services does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Website or any Content. All implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded from these Terms to the extent that they may be excluded as a matter of law.
9.5 In no event will Heron Property Services be liable for any loss including, without limitation, indirect or consequential loss, or any damages arising from loss of use, data or profits, whether in contract, tort or otherwise, arising out of or in connection with the use of this Website.
9.6 Heron Property Services endeavour to ensure that all the Content provided on the Website is correct at the time of publication. The Content is provided on an information basis only and should not be relied upon. No responsibility is accepted by or on behalf of Heron Property Services for any errors, omissions, or misleading Content on the Website or on any websites to which the Website connects.
9.7 Heron Property Services does not warrant that the Website or Content will not be disrupted or error free, that any defects will be corrected, or that this Website or the server that makes it available are free of viruses or bugs.
10. Privacy
Heron Property Services will not forward any personal details or data to any third party not approved by your or your agent. All data is kept in accordance with Data Protection Act.
11. Changes to the Terms
Heron Property Services reserves the right, at its discretion, to make changes to any parts of the Website or these Terms. When these Terms are amended, Heron Property Services will publish details of the amendments on the website. Continued use of the website and services offered by Heron Property Services is seen as your agreement to this term.
12. Jurisdiction
These Terms shall be governed by and construed in accordance with English Law and subject to the exclusive jurisdiction of the English Courts.
13. Severability
If these Terms or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws of any state or country in which these Terms are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that state or country be treated as severed and deleted from these Terms and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country.
14. Conflict
If there is any conflict between these Terms and any other written agreement between you and Heron Property Services then the latter shall prevail.
15. Data requests from the home owner or their agent
15.1 In most cases you will be asked to supply certain information relating to the specific property, once we have accepted your order for our services. We will ask for this information by post, email or in person.
15.2 Any information given that is knowingly given to enhance your property will make you liable for claims arising for the buyers, financiers or other interested parties. The information given must not be incomplete, inaccurate, misleading or false. This includes a complete incorrect address or part of.
15.3 You agree to notify us immediately if you believe that any part of the information you have given us is incomplete, inaccurate or false.
16. Events beyond our control
Heron Property Services will not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.
17. Data gather from third parties
17.1 As part of the home information pack preparation you acknowledge and agree that Heron Property Services will obtain reports and data from third parties in order to complete your pack or energy performance certificate. These third parties may include councils, water companies and alike. The cost for this information is included in the cost of the home information pack or energy performance certificate.
17.2 In some rare cases it may be a requirement to obtain additional information from another source to clarify the information given in your home information pack; if this action occurs, unforeseen charges we will seek your authorisation before proceeding. We ask that you action a prompt reply at your earliest convenience to ensure that is no delay into the preparation of your home information pack.
17.3 Where possible Heron Property Services will endeavour that all third parties are competent and of sufficient professional standing to provide the data, reports or information.
17.4 Heron Property Services obtains all data, reports and information on your behalf, you accept this and acknowledge us so as your agent and you permit us to disclose this to any relevant party. As such, any contract for the provision of such third party reports will be between you, as the disclosed principal and the provider of the third party report and Heron Property Services are not party to any such contract we make as your agent and we cannot sue or be sued upon it.
18. Links
Heron Property Services is not responsible for the availability or content of any third party websites or material you access through this Website.
19. File Download
Certain files of Content are available for download from the Website. These files of Content are subject to these Terms.
20. Contact
If you wish to contact Heron Property Services regarding the Website, these Terms or the Privacy Policy please contact us, in first instance by telephone on 01376 571907 or by post at 1 Heron Road, Kelvedon, Colchester, Essex, CO5 9NE