PTP LTD TERMS AND CONDITIONS

Terms and Conditions for Property Transaction Pack Production, and limitation of liabilities, where applicable

1. THE AGREEMENT AND PARTIES
1.1 The agreement is between the Seller requiring a Home Information Pack and Property Transaction Pack Ltd [PTP Ltd] a company with liability limited by shares whose registered office is at the Old Farmhouse, The Green, Rottingdean, BN2 7HA. The Trading Address is as aforementioned.
1.2 The laws of the UK shall apply to this agreement and any dispute arising from and in relation to this agreement will be resolved by arbitration.
1.3 Subject to the obligations on the part of PTP Ltd and the Seller as identified below, the Seller instructs PTP Ltd to prepare, impartially, a Home Information Pack. (“the Service”).
2. THE SERVICE
2.1 PTP Ltd products and services include a unique property transaction pack for the sale of Real Estate. The Seller has instructed PTP Ltd to prepare a Property Transaction Pack [PTP] to include packaging of Search results, Sellers Statement, and Energy Performance Certificate.
3. DUTIES AND OBLIGATIONS OF PTP LTD
3.1 The following duties and responsibilities are imposed upon PTP Ltd:
3.2 At all times to perform duties with honesty and integrity and degree of professionalism pertaining to comparable packagers and PTP, [collectively ‘agents’] a requirement that they must have professional Indemnity cover for not less than 1 Million pounds per professional business of such subcontractor to cover claims in Negligence and / or Contract.
3.4 To maintain professional indemnity cover in respect of PTP Ltd’s professional obligations as packager with insurance cover of not less than 2 Million Pounds.
3.5 To undertake any requirements imposed by the Office of the Deputy Prime Minister under the Housing Act 2004 of subsequent legislation, enabling legislation or subordinate legislation, weights and measures, local trading standards and Office of Fair Trading vis a vis the manner by which PTP Ltd trades and acts as packager.
3.6 PTP Ltd to act as a ‘responsible person’ to prepare packages for residential properties being sold under the provisions of the Housing Act 2004 and to adopt a similar professionalism in packaging for properties which are not residential properties being sold with vacant possession.
3.7 The responsibility of PTP Ltd to the Seller is governed by the terms of this contractual agreement alone. The duty of care to be afforded by PTP Ltd to the Seller is as follows
(i) Within two working days via a duly appointed Search Agents of PTP Ltd, to undertake andpay for those searches specified as main searches within the search section of the PTP. The Results of searches are held by PTP Ltd for the benefit of itself, prospective purchaser and /or prospective lender with benefit passing to the prospective purchaser and / or prospective lender on legal completion.
(ii) The position of PTP Ltd is as packager contained within this contractual agreement alone. The duly appointed agents of PTP Ltd act under contract to PTP alone save that should the Seller suffer loss as a result of breach of legal responsibility of the duly appointed agent to PTP Ltd, it will, if necessary and required, lend its name to any action provided that such loss exceeds 5% of the current value of the subject property.
(iii) To use best endeavours to make the PTP available in hard copy form within a reasonable time. What is reasonable is to be judged subjectively. Any indication given as to the time for completion of the PTP is a good faith estimate only however best endeavours will be used to ensure completion within the estimated time scale
4. DUTIES AND OBLIGATIONS OF THE SELLER
4.1 The following duties and responsibilities are imposed on the Seller:
4.1.1 To provide accurate honest information for inclusion in the Seller’s Statement [Draft copy to be handed to Seller] and to incur continuing personal responsibility beyond legal completion if the Seller has been dishonest or reckless in the information provided by them.
4.1.2 To inform PTP Ltd by email or fax of any changes from the date of order in relation to the status of the property [e.g. any notice served by the Local Authority]
4.1.3 To communicate, provide continuity of contact details and co-operate with and return calls of PTP Ltd or their duly appointed Agents.
4.1.4  To appraise and understand the contents of the Sellers Statement and the obligations therefrom which are deemed incorporated into this agreement – [PTP Ltd can provide assistance to you on any points on which you may be unclear]
4.1.5 To allow PTP Ltd the right to disclose details of the PTP to appointed Solicitors.
4.1.6  To allow PTP Ltd to disclose non confidential information on an internet site or otherwise in respect of non-confidential information.
4.1.7 To make keys available to the duly appointed surveyor of PTP Ltd.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 The Seller acknowledges the assertion of PTP Ltd herewith that a PTP is perceived by PTP Ltd to be a unique property transaction package for the sale of real estate and all Intellectual Property Rights shall be vested in PTP Ltd and remain the property of PTP Ltd. PTP Ltd disclaim all  proprietary rights including, without limitation, Intellectual Property Rights in Third Party Reports.
5.2 You will not acquire or attempt to register any Intellectual Property Rights whatsoever in any Reports supplied to you directly by PTP Ltd or indirectly through their agents whether on your own behalf or on behalf of another.
6. LIMITATION OF LIABILITY
6.1 PTP Ltd will not accept any liability for any error contained within a pack which is due in whole or in part to any error or inaccuracy contained in any public register. Neither will PTP Ltd be liable for any information contained within a pack which is based upon information derived from a third party [that being not information obtained from any public register].
6.2 PTP Ltd will not accept any responsibility for any inaccuracy or error in the pack that is due in whole or in part to incomplete or inaccurate information supplied to them by you.
6.3 Subject to any other provision contained herein, PTP Ltd will not be liable to you for any loss, damages, costs or expenses caused directly or indirectly by a delay in completion of the pack even if due to the negligence of PTP Ltd.
6.4 PTP Ltd will not be liable for any loss of actual or anticipated profits or savings, loss of opportunity or for any special, Indirect or consequential loss whether arising from a breach of these Terms and Conditions or negligence in performing the Service notwithstanding PTP Ltd being advised or aware of the likelihood of such a loss occurring.
6.5 Subject to the former and in the absence if any allegation of Fraud the maximum liability of PTP Ltd for direct loss arising from any breach by PTP Ltd of these conditions or negligence on behalf of PTP Ltd or their agents in the course of providing the Service shall not exceed £2,000,000 per claim.
7. FORCE MAJEURE
PTP Ltd will not be liable for any failure to perform the Service due to any event beyond our reasonable control. If our performance of Service is delayed due to such an event, you will be promptly notified of the reason for the delay. In return you will agree to allow such an extension of time for us to perform our Service which is reasonable in the circumstances.
8. DEFINITIONS AND INTERPRETATIONS
8.1 Within these terms and conditions the following words shall be deemed to have the meanings stated:“Pack” – Property Transaction Pack, contents of which may be subject to change in accordance with changes to relevant legislation which may occur in the future.
“Confidential Information” – All information which is provided hereto other than fixtures and fittings, declaration information or information not in the public domain or pertaining to the property address.
“Non Confidential information” – information other than that as defined by confidential information and particularly, fixtures and fittings information and Declaration information.
“EPC” – Survey undertaken by a accredited Domestic Energy Assessor or Home Inspector.
“Intellectual Property Rights” – Any enforceable intellectual property right to include without limitation any copyright, trademark, patent, design or database right or trade secret.
“Paperwork” – Paperwork generated in the course of packaging including the seller’s statement, main searches, secondary searches [if any], the title to the property, if applicable, special conditions in relation thereto, and the Energy Performance certificate.
“You”/“your” – the person, firm or company who instructs PTP Ltd.

CANCELLATION POLICY

HIP orders may be cancelled within 24 hours of ordering by telephone. On receiving notification of cancellation a refund will be issued subject to costs incurred which include but are not limited to the commission of the Energy Performance Assessment, Local Authority Searches, Drainage and Water reports, Land Registry Searches and any other work already instigated.

COMPLAINTS PROCEDURE

Should you need to make a complaint, we will deal with it speedily and fairly.
We will:
• Acknowledge your complaint within 5 working days of receipt
• Try to resolve your complaint fully within 4 weeks of receipt. If there are valid reasons for consideration of the complaint taking longer, we will keep you fully informed in writing or via telephone or email as you prefer and you will receive a response at the very latest within 8 weeks.
• Speak with counselling organisations acting on your behalf, if you ask us to.
• Send you a final decision on the complaint in writing.

If you are not satisfied with the final decision, you may refer the complaint to the Independent Property Codes Adjudication Scheme (IPCAS) and we will give you contact details. We will co-operate fully with the independent adjudicator during the consideration of a complaint by the IPCAS and comply with any decision.

Complaints should be sent to:

Customer Services
Property Transaction Pack Ltd
PO Box 130
Brighton
BN51 9BX

Tel: 08458 121 101
Email: admin@ptp.uk.net