Applewood – Relocation and Property Search Cotswolds

Terms and Conditions

Definitions and Interpretations
1. "The Company" means Applewood Relocation and Property Search, sometimes referred to as Applewood.
2. "The Client" means the person, firm or company who enters into a contract with the Company to find a suitable property for the Client. Such contract to incorporate the Conditions.
3. "The Term" means the term of the contract under Clause 3 below and the word ‘month’ means ‘calendar month’.
4. "The Conditions" means the terms and conditions herein contained.
5. "The Fee" means the specific fee or fees stated in the 'Fees' section of the Company's current brochure for the service or services provided.
6. Reference to the Company means the Company and where applicable the proprietor, employees or agents of the Company.
Payment of the initial 'Just Search' Fee and the Company's obligations
1. Subject to and conditional on payment and banking of the Fee, the Company shall use all reasonable endeavours to identify a property which conforms to the criteria provided by the Client. The Client acknowledges that not all properties identified will meet their stated criteria in every respect. The Company undertakes that where this is the case, it will identify the Client criteria which are not met by the property in question.
The Term
1. The term during which the Company shall carry out the obligations under clause 2 shall be a period of 1/3/6* month(s) from the date the appropriate Fee is banked or until the Client has completed the purchase/rental of a property or until the Client instructs the Company to cease acting on the Client’s behalf, whichever is the sooner.
2. In the event of the Term being less than the period of 1/3/6* month(s) for any of the reasons mentioned in clause 3.1 above, this shall not entitle the Client to any refund of the Fee either in whole or in part.
3. The Term of the initial 'Just Search' Fee ends at 5pm 1/3/6* calendar month(s) after the previous 'Just Search' Fee was banked. No further property search work will be carried out by the Company until another appropriate ‘Just Search' Fee has been banked by the Company as laid out in the 'Fees' section of the Company's current brochure.
  * delete as appropriate
Liability of the Company - general
1. Neither the Company nor the persons referred to in clause 1.6 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.
2. Any report, description, expression of opinion or otherwise given to the Client by the Company as to the condition or value of any property is given in good faith but does not form any part of any contract relating to the purchase or letting of any property and cannot be relied upon.
3. 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/rent 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/rent or should expect to receive if the Client should resell the property. The Client is strongly advised to obtain specialist survey reports, condition of structure reports and professional legal advice before proceeding further with any purchase of a property. The service provided by the Company is in no way intended as a substitute to obtaining such advice and/or reports and accordingly, no liability is accepted by the Company for any defects in legal title or in the fabric and structure of any property.
4. Where the Company supplies particulars, reports or other information to the Client which are provided to the Company by any third party including Estate Agents particulars, valuation reports, surveys, published ‘web’ information or otherwise, then unless otherwise stated expressly in writing, the Company shall not be bound to check the accuracy of any such particulars, reports or other information and the Company shall have no liability in negligence, contract or otherwise as to the information thereby provided.
5. If the Company shall introduce the Client to any third party including but not limited to any builder, surveyor, Valuer, letting agent or other professional person(s), any introductions do not form part of the services offered by the Company and the Company shall not be responsible for such third party’s work or services.
6. All fees to third parties (survey fees, mortgage fees, removal fees, solicitors’ fees, etc.) are payable directly to the third party by the Client in all cases.
7. With the Just Search service there will always be a delay between the commencement of the property search and the date when the Client receives the information (typically between 2 and 5 working days inclusive). Should a property for sale/rent at the time of the search be sold/rented or withdrawn from the market by the time the Client receives the details, Applewood can in no way be deemed at fault.
8. Upon Client instruction to Applewood to view a property on their behalf, externally or internally, there will always be a delay between the instruction to view being received, the viewing taking place and the report, whether verbal or written, reaching the Client (typically between 2 and 7 working days inclusive). Should a property for sale/rent at the time of the instruction to view be sold or withdrawn from the market by the time the Client receives the report, Applewood can in no way be deemed at fault.
9. Upon Client instruction to view a property with them, there will always be a delay between the instruction to view being received and the viewing taking place (typically between 2 and 7 working days inclusive dependent upon availability of all parties). Should a property available at the time of Client instruction be sold/rented or withdrawn from the market before the viewing can take place, Applewood can in no way be deemed at fault.
Liability of the Company (service standards stated in the Company’s current brochure).
1. Telephone calls - the Client’s unavailability to take a call between 9am and 6pm does not give rise to a claim under the stated service standard. Where the Company gives prior notice of unavailability this service standard guarantee is nullified.
2. Email - The Company will be able to prove the timing of e-mails sent to the Client. Technical problems with the Client's computer, email software or ISP provider do not give rise to a claim under the service standard. Where the Company gives prior notice of unavailability this service guarantee is nullified.
3. Letters - The Company will always send letters/reports by First Class post and obtain Proof of Posting. Failure by Royal Mail to deliver next working day does not give rise to a claim under the stated service standard. Where the Company gives prior notice of unavailability this service guarantee is nullified.
Payment of Fees after the initial Just Search Fee has been paid
1. All Fees are payable in advance in accordance with the 'Fees' section of the Company's current brochure.
2. All Fees paid in advance are non-refundable except under the terms set out in the Service Standards Section of the Company's current brochure.
3. In the event that more than one of the Company's Clients wish to offer for the same property, information on which has been supplied to them by the Company or through Agents contacted on the Client's behalf, the Company will act for the first Clients who confirm that they wish to make an offer and are fully and immediately in a position to purchase/rent the property in question should the offer be accepted. The Company will inform all concerned parties of the situation and will give the other Clients names of independent companies who may act for them.
4. The Company reserves the right to act for another Client on the same property once the first Client has stated that, for whatever reason, they are no longer purchasing/renting the property in question.
5. The Company (as the Client accepts) will not undertake any work on the Client's behalf until the appropriate Fee has been received and banked.
Variations and Modifications of the Conditions
1. No variation or modification of the Conditions shall be made and be binding on the Company unless the same are in writing and signed by a proprietor for the time being of the Company.
Data Protection
1. I/we understand and agree that the Company may use my personal information provided during the Term of this agreement and may disclose my information to vendors and other intermediaries or agents when required to do so in order to provide a property search and acquisition service. I/We have the right to request a copy of all personal data held by the Company and to correct any inadequacies in the data. I/we agree to pay the sum of £5 to cover the Company's costs in such an event.

I/We have read these Terms and Conditions which I/we accept in full and I/we authorize Applewood Relocation and Property Search to proceed on the basis of these Terms and Conditions. In consequence, I/we sign below and enclose a cheque for £ being the initial 'Just Search' Fee.

Signed________________________________ Date_____________________

Name in Block Capitals

Cheques made payable to ARAPS

For Bank/Credit Transfers: National Westminster Bank Sort Code 60 - 05 - 41 Account No. 24548219