1 Definitions and construction
1.1 The following terms shall have the following meanings:
"Agreement" means the terms and conditions set out below;
"I" "me" means Margaret Emily Buntrock of Whispers, 15 Fairmile Avenue, Cobham, Surrey KT11 2JA;
"Client Questionnaire" means my questionnaire as published from time to time;
"Fee" means the sum of £550
"Service" means the services described in clause 2;
"you" "your" "yourself" means the person, company or firm entering into this agreement with me.
1.2 Words in the singular include the plural and vice versa.
1.3 The headings in this Agreement are for convenience
only and shall not affect its construction.
2.1 On receipt of the Fee and the completed Client Questionnaire from you I agree to search for suitable properties for you based on the details contained in your completed Client Questionnaire.
2.2 I shall obtain details and view as many suitable properties as possible , and shall then select the most suitable properties for you to view.
2.3 I shall keep you informed of my progress via e-mail at no less than fortnightly intervals.
3 Commencement and Duration
3.1 By completing and returning the Client Questionnaire and your payment you confirm your acceptance of this Agreement.
3.2 This Agreement shall be legally binding and commence on the date I receive the Fee and shall continue for a period of 12 weeks from such date.
3.3 I may, at my discretion, agree to extend the period of this Agreement beyond 12 weeks for an additional fee to be negotiated between us, and any such extension shall be in writing signed by both of us or by exchange of e-mails.
4.1 You agree to pay the Fee by cheque
made payable to Surrey Houses.
5 Limitations and Liability
5.1 I shall not be obliged in any way to secure the acquisition of any property for you and therefore the provisions of the Estate Agents Act 1979 shall not apply to this Agreement.
5.2 In the event that I have used my best endeavours to provide the Service but am unable to find any suitable properties I shall not be liable to refund the Fee.
5.3 You are responsible for deciding which property you wish to purchase, and you are advised to seek professional advice to verify the state and condition of such property.
5.4 All details of properties, valuations, reports and other information provided by me are prepared in good faith and are solely for your guidance. They do not form part of any contract relating to the purchase of any property. You must satisfy yourself as to the correctness and accuracy of any details provided by me.
5.5 The Service provided by me is not intended as a substitute to obtaining the appropriate professional advice from solicitors, surveyors, valuers and other specialists, and accordingly I accept no liability for any defects in legal title or in the condition and structure of any property.
5.6 Except as expressly set out in this Agreement, all conditions, warranties or other terms or obligations that may be implied or incorporated into my agreement with you by law or otherwise are expressly excluded to the maximum extent permitted by law.
6.1 You may terminate this Agreement at any time by giving me notice in writing or by e-mail.
6.2 You will not be entitled to any refund of the Fee on such termination provided that I have undertaken a thorough home search in performing the Service.
7.1 I will not pass your personal details on to any third parties, except as required to do so by law.
7.2 On completing the Client Questionnaire you must provide your e-mail address, full names, address, postcode and telephone number. The information collected on the Client Questionnaire is
(i) to allow me to send messages to you and (ii) to allow me to contact you by telephone or in writing if required as part of the Service.
7.3 You may at any time amend your personal details by sending the details to me by e-mail or in writing by post.
8.1 This Agreement is personal to you and you must not share or transfer the Services with or to any other person without my written consent.
8.2 I have the right to assign, sub-contract or otherwise deal with all or any of my rights and obligations under this Agreement to any third party without serving written notice on you.
8.3 Each of the provisions of this Agreement shall be construed separately, applying and surviving even if for any reason some provisions are held inapplicable or unenforceable in any circumstance and shall remain in force notwithstanding the termination or expiry of this Agreement.
8.4 No forbearance indulgence or relaxation by me in respect of the exercise of any rights or the enforcement of any of the terms and conditions of this Agreement shall in any way affect diminish restrict or prejudice my rights or powers under this Agreement or operate as or be deemed to be a waiver of any breach of this Agreement.
8.5 This Agreement superseded and invalidates all other commitments, representations and warranties relating to the subject matter hereof which may have been made by the parties either orally or in writing and sets for the entire agreement between the parties in relation to the transaction provided for by this Agreement.
8.6 This Agreement shall be governed by English Law and the English courts shall have non-exclusive jurisdiction in respect of them.