Manchester HiPs

Home Information Packs (HIPS) & Energy performance certificate (EPC) provision

Terms and Conditions

Introduction

1.1 This Home Information Pack ("HIP") or Energy performance certificate (“EPC”) agreement ("the Agreement") is made between Manchester HiPs Ltd company registration 5467757 VAT No. 866272693 ("Manchester HiPs ", "We") and the customer ("You”).
1.2 By entering into this agreement you are confirming you have read these Terms and Conditions and agree to them.
1.3 These terms shall be governed by and constructed in accordance with the laws of England and Wales and the parties hereby irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

2. Your Responsibilities

2.1 You have the legal right to sell the property

2.2 Information you supply is true and accurate and not misleading. Manchester HiPs does not take any responsibility for the accuracy of the information supplied and cannot be held liable

2.3 You will pay the fee before the production of the HIP/EPC commences

2.4 You agree to pay any extra costs incurred by Manchester HiPs to produce the HIP/EPC before the completed HIP/EPC is released including but not limited to inability to gain entry to premises for energy assessment and/or customer supplying incorrect information. 

2.5 You agree to ensure full access to the property for the energy assessor at the agreed date and time. Failure to provide access can result in an extra call out charge.

3. Manchester HiPs Responsibility

3.1 We reserve the right to reject or cancel an order and refund any fees paid at any time

3.2 The HIP will contain the compulsory documents as defined by the "Home Information Pack Regulations" pursuant to the Housing Act 2004

3.3 We will contact you or the vendor to arrange the energy assessment visit normally within 2 working days of placing the order.

3.4 We will normally provide a HIP 5-10 working days after instruction. Leasehold and commonhold properties will take longer to produce. However, please allow 28 days or longer for exceptional circumstances

3.5 We include our liability to the Customer for (1) death or personal injury caused by any negligent act or omission; or (b) fraudulent misrepresentation on the part of us or our employees. 

3.6 You may use the HIP/EPC supplied for any marketing of your property including private advertising or with an Estate Agent.

3.7 We will, to the best of our efforts, ensure that the Manchester HiPs web site is available at all times. We reserve the right to take the site 'off-line' without prior notice for essential maintenance and upgrades.

3.8 We will keep adequate liability and public indemnity insurance.  The cover exceeds the CLG requirements and provides for PI to a limit of £250,000 in any one claim and PL of £3m in any one occurrence

3.9  We shall not be liable for any delay in performing or failure to perform any of our obligations under these terms caused by any event outside our reasonable control (including the failure of any third party to supply any information to be included in a HIP or vendor not granting energy assessor access to property)

4. Refunds

4.1 A hip can be cancelled within 24hrs of ordering by email or phone subject to any costs incurred. A Hip cannot be cancelled after 24hrs as work will have commenced to produce your HIP.

4.2 On cancelling your HIP we will refund your fee minus any costs incurred. These costs incurred include but without limitation ordering an Energy Performance Certificate, local searches, drainage search, land registry search plus any other work to compile your HIP.

4.3 The supply of Home Information Packs is excluded from the distance selling act as they are classed as “goods made to the consumer's specifications or clearly personalized”.

4.4 Under no circumstances will our liability exceed the value of the cost of supplying the HIP

4.5 We are not liable for an error in the HIP based on information from the public register, information provided by the seller, leaseholder or managing agents.

4.5 This does not affect your statutory rights as a consumer.

5. Complaints            

We have a formal written complaints procedure for handling complaints speedily and fairly and we will tell you what this is.  If you wish to make a complaint, it will be handled as follows –

5.1  The complaint will be acknowledged within 5 working days of receipt                                                                                  

5.2  A complaint will normally be dealt with fully within 4 weeks of its receipt.  If there are valid reasons for the consideration taking longer, you will be kept fully informed in writing or via telephone or email as you prefer and receive a response at the very latest within 8 weeks

5.3 Upon request, we will liaise with counselling organisations acting on your behalf

5.4  A final decision will be in writing or via email, as appropriate

5.5  If you are not satisfied with the final outcome, you may refer the complaint to the Independent Property Codes Adjudication Scheme and we will give you contact details    

5.6  We will co-operate fully with the independent adjudicator during the resolution investigation and comply with any decision

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Please print and return the form, along with details completed below:-

Company (“the customer”):

Name:

Signature: