Professional Consultants Certificate (“PCC”)

 

Terms of Supply

 

This page together with the documents expressly referred to on it tells you information about Compariqo (“we” or “us”) and the legal terms and conditions (Terms) on which we provide the services we offer (Services).

These Terms will apply to any contract between us and you in relation to the Services (Contract). Please read these Terms carefully and make sure that you understand them before ordering any Services. Please note that by ordering any of our Services, you agree to be bound by these Terms and the other documents expressly referred to in these Terms.

If you are purchasing Services online, you will be required to accept these Terms. If you refuse to accept these Terms, you will not be able to order any Services from our website. You should print a copy of these Terms or save them to your computer for future reference.

Definitions:

In these terms and conditions, the following definitions apply:

Charges means the sum payable by you for the Services

Deliverables means the deliverables (including any reports or certificates) to be provided by us to you as part of the Services

Intellectual Property Rights means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world

Order means your order or request for the Services

Services mean us providing you with a Professional Consultants Certificate (“PCC”). This will include inspection visit(s) to the property, the number of which will depend on the stage of build at the time of receiving your confirmed order.

Specification means the description or specification of the Services provided in writing by us to you

1. Information about Us

1.1      Compariqo is a site operated by Compariqo Limited (“we” or “us”). We are a limited company registered in England and Wales under company number 11463258. Our  registered office is at The Plaza, 100 Old Hall Street, Liverpool, England, L3 9QJ

2. Use of our website

2.1      If you are placing your order online, please note that our website is governed by our Terms of Website Use, which can be viewed on our website. Please take the time to read these, as they include important terms which apply to you.

3. How we use your personal information

3.1     We only use your personal information in accordance our Privacy Policy, a copy of which can be viewed on our website. Please take the time to read this, as it includes important terms which apply to you.

 

4. If you are a Consumer

4.1     If you are a consumer, you may only purchase Services if you are at least 18 years old.

4.2    We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us.

 

5. If you are a Business

5.1     If you are a business customer, you confirm that you have authority to arrange any business on whose behalf you purchase Services.

5.2    These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.

 

6. Basis of contract

 

6.1     The Order constitutes an offer by you to purchase Services in accordance with these Terms.

6.2     The Order shall only be deemed to be accepted when we issue written acceptance of the Order at which point and on which date the Contract shall come into existence (Commencement Date).

6.3     Any samples, drawings, descriptive matter or advertising issued by us, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.

6.4     These Terms apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

6.5     Any quotation given by us shall not constitute an offer, and is only valid for a period of 14 Days from its date of issue.

6.6     If, following our acceptance of your Order we decide that we are unable to perform the Services, we will let you know as soon as possible and refund any Charges you have paid.

 

7. Supply of Services

 

7.1     We shall supply the Services to you in accordance with the Specification in all material respect.

7.2    We shall use all reasonable endeavours to meet any performance dates agreed in writing between the parties, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.

7.3    We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and we shall notify you in any such event.

7.4    We warrant to you that the Services will be provided using reasonable care and skill.

 

8. Your obligations

You shall:

8.1    ensure that the terms of the Order and any information you provides in the Specification are complete and accurate;

8.2    co-operate with us in all matters relating to the Services;

8.3    give all decisions, approvals and instructions reasonably requested by us;

8.4    provide us, our employees, agents, consultants and subcontractors, with access to your premises and facilities as reasonably required by us;

8.5    provide us with such information as we may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects; and

8.6    obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Services are to start.

8.7    If our performance of any of our obligations under the Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Customer Default):

8.8    we shall, without limiting our other rights or remedies, have the right to suspend performance of the Services until you remedy the Customer Default, and to rely on the Customer Default to relieve us from the performance of any of our obligations to the extent that the Customer Default prevents or delays our performance of any of its obligations;

8.9    we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as set out in these terms of supply;

8.10   you shall reimburse us on written demand for any costs or losses sustained or incurred by we arising directly or indirectly from the Customer Default.

 

9.0 Charges and payment

 

9.1     The Charges for the Services shall be as advertised by us or, if different, as agreed between us. We change our Charges from time to time but this will not affect any Order which we have already accepted.

9.2    We will require either a deposit or full payment for the Services either at the time of your Order. This will be indicated to you via email or telephone and confirmed within the Order.

9.3    All Charges (including deposits) are non-refundable if the performance of the Services has commenced, for example if an inspection visit has been undertaken.

9.4    For retrospective certifications, and in the event that we do not require full payment for the Services at the time of your Order, we will submit a balance invoice to you following the property inspection, which you must pay within 7 days of the date of the invoice. Time for payment shall be of the essence of the Contract.

9.5    For monitoring certifications, and in the event that we do not require full payment for the Services at the time of your Order, we will submit a balance invoice to you, which shall be payable within 30 days of the date of the invoice. Time for payment shall be of the essence of the Contract.

9.6    If we agree with you that payments can be made via instalments, the payment schedule shall be agreed between us in writing. In the absence of agreement, each instalment shall be invoiced separately, with the first issued 30 days after the date of the Order. Each subsequent invoice to be raised at 30 day intervals.

9.7    No Deliverables (to include but not limited to the final professional consultants certificate) shall be issued to you until the Charges have been paid in full. If any invoice remains outstanding for a period of 90 days or more, we reserve the right to terminate the Contract with you. For the avoidance of doubt, no further Service shall be performed and no refunds shall apply.

9.8   We shall be entitled to charge you for any expenses we reasonably incur in connection with the Services including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses. Such expenses shall be charged to you at the rates advertised by us or, if different, as agreed between us.

9.9    In the event that a property fails to meet the standard required, and further visits, and or inspections are necessary, we shall be entitled to charge you for all additional Charges incurred by us in connection with the provision of the Services, such additional Charges to be agreed between us, in writing, prior to any further Services being undertaken.

9.10   Without limiting any other right or remedy of ours, if you fail to make any payment due to us under the Contract by the due date for payment (Due Date), we shall have the right to charge interest on the overdue amount at the rate of 8% per cent per annum above the then current Bank of England’s base rate accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.

9.11   If you are a business customer, you must pay all amounts due under the Contract in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against we in order to justify withholding payment of any such amount in whole or in part. We may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.

 

10. Intellectual Property Rights

 

10.1    All Intellectual Property Rights in or arising out of or in connection with the Services (including Intellectual Property Rights in any Deliverables) shall be owned by us.

10.2    Subject to your payment of the Charges, we grant you a non exclusive, non sub-licensable licence to use the Deliverables to the extent necessary for you to receive the intended benefit of the Services.

 

11. Confidentiality

 

11.1    A party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party’s obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause 12 shall survive termination of the Contract.

 

12. Our Right to Vary these Terms

 

12.1    We may revise these Terms from time to time and every time you order Services from us, the terms in force at that time will apply to the Contract between us. You are advised to check our current Terms before you purchase Services.

 

13. Cancellation Rights of Consumers

 

13.1    This clause 13 applies only if you are a consumer.

13.2    You have a legal right to cancel a Contract during the period set out below in clause 13.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to receive the Services you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.

13.3    You have a period of 14 (fourteen) working days starting on the Commencement Date in which you may cancel (the Cancellation Period). Working days means that Saturdays, Sundays or public holidays are not included in this period. However, if you agree that we can begin performance of the Services before the end of the Cancellation Period, your right to cancel the contract ends when we commence performance of the Services.

13.4    To cancel a Contract, you must contact us in writing by sending an e-mail to quote@compariqo.com or by writing to us at our registered office address. You may wish to keep a copy of your cancellation notification for your own records.

13.5    Subject to clause 13.3, if you cancel the Contract, you will receive a full refund of the price you paid for the Services. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 13.3. Your right to cancel the contract ends when we commence performance of the Services.

13.6    As a consumer, you will always have legal rights in relation to Services that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 13 or these Terms.

 

14. Other cancellation rights

 

14.1    Either of us may cancel the Contract at any time with immediate effect by giving the other written notice if the other breaks the contract in any material way and does not correct or fix the situation within 14 days of being asked in writing to do so.

14.2    We may cancel the Contract at any time with immediate effect by giving you written notice if:

14.2.1       you do not pay us when you are supposed to (and this will not affect our right to interest);

14.2.2      being a business, you cease trading;

14.3    If we cancel the Contract, you must pay us all outstanding Charges immediately and return to us any Deliverables which have not been paid for in full.

 

15. Our Liability to Businesses

 

15.1    Nothing in these Terms limit or exclude our liability for: and liability which cannot be limited or excluded by applicable law.

15.2    Subject to clause 16.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

15.2.1     any loss of profits, sales, business, or revenue;

15.2.2     loss or corruption of data, information or software;

15.2.3     loss of business opportunity;

15.2.4     loss of anticipated savings;

15.2.5     loss of goodwill; or

15.2.6     any indirect or consequential loss.

15.3     Subject to clause 15.1 and clause 15.2, our liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the sum of £250,000 for each occurrence giving rise to our liability.

15.4     Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.

 

16. Our Liability to Consumers

 

16.1     If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

16.2    We only supply the Services to you for domestic and private use. You agree not to use the Deliverables for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

16.3    We do not in any way exclude or limit our liability for:

16.3.1     death or personal injury caused by our negligence;

16.3.2     fraud or fraudulent misrepresentation;

16.3.3     any breach of your legal rights; and

16.3.4     defective products under the Consumer Protection Act 1987.

16.4     Subject to clause 17.3, our liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the sum of £250,000 for each occurrence giving rise to our liability.

16.5     Where we are providing a Service within a property, we shall not be liable or responsible for the cost of repairing any pre-existing damage to the property that we discover whilst undertaking the Services, nor shall we be liable for any damage that should occur to the property after we have performed the Services.

 

17. Events Outside our Control

 

17.1     We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.

17.2     An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

17.3     If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

17.3.1     we will contact you as soon as reasonably possible to notify you;

17.3.2     our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control and

17.3.3     if the Event Outside Our Control persists for more than 2 months, either of us may cancel the Contract by giving written notice to the other and, in those circumstances, we will refund the Charges paid by you.

 

18. Defects in your Building or Premises

 

18.1     The following definitions shall apply to this clause:

Excluded Liabilities: means any Snag or Minor Defect, which includes but is not limited to: deterioration caused by neglect or failure to carry out normal or specific maintenance; dampness, condensation or shrinkage not caused by a defect; defect to the central heating system(s) and associated pipework, fitted appliances or plumbing works; items that have been subsequently altered on behalf of the Owner at their request, written or otherwise; chips, scratches, brush marks, and other associated minor blemishes to fittings, finishes and/or decoration; drawing performance of chimneys; adjustment of doors and windows; any floor, wall or ceiling finish; fixtures and fittings of kitchen and utility units and appliances, bathroom, en-suite and WC fittings and appliances; external works, paths, driveways, parking areas, landscaping or garden features and decks unless they form an intrinsic part of the external envelope.

Minor Defect: means a failure of the construction works which is not likely to cause further damage to the building or premise

Snag: means a cosmetic defect of the fixtures and finishes of a building or premise

Structural Defect: means a failure of the constructions works which is likely to cause structural damage or compromise the structural stability of the building or premise.

18.2     If, during the period of 24 months from completion of the Services, you discover any Structural Defect in respect of which we have provided Services, you should contact the builder or other contractor in relation to whose work the Structural Defect relates and require them to remedy the same.

18.3    We shall not be liable or responsible for rectifying, for any reason whatsoever:

18.3.1     any Excluded Liabilities;

18.3.2     any works to which the building regulations do not apply, such as unheated or uninhabited rooms, conservatories, outbuildings and garages;

18.3.3     any works constructed from offsite modern methods of construction, such as, but not limited to, timber frame or Insulated Concrete Formwork (ICF) unless accompanied by an insurance backed suppliers warranty or guarantee;

18.3.4     any specialist works such as, but not limited to, swimming pool construction, basements or below ground elements unless accompanied by an insurance backed suppliers warranty or guarantee;

18.3.5     loss or damage due to or arising from any alteration, modification or addition to the building or premise after the issue of the professional consultant certificate;

18.3.6     any change in colour, texture, opacity or straining or other ageing process to any element of the premise;

18.3.7     consequential loss of any description whatsoever;

18.3.8     loss or damage due to or arising out of any defect in the design, workmanship, materials or works that are the subject of these Services;

18.3.9     loss or damage caused by or consequent upon humidity in the premise that is not the direct result of the ingress of water caused by a defect in the design, workmanship, materials or components of the waterproofing elements of the waterproof envelope of the premise;

18.3.10    inadequate maintenance of or abnormal use of the premise or the imposition of any load greater than that for which the premise was designed or the use of the premise for any purpose other than that for which it was designed;

18.3.11     any costs, losses, expenses or damages for death, bodily injury, disease, illness or damage to mental health;

18.3.12     anything which would constitute a valid claim under an insurance policy and about which the policyholder was aware of or should have been aware of prior to purchasing the premise;

18.3.13     loss or damage caused by seepage of water into the premise insured below ground floor slab level;

18.3.14     loss or damage caused by or consequent upon normal settlement or bedding down of the premise;

18.3.15     loss or damage caused by or consequent upon subsidence, heave or landslip unless such loss or damage is as a result of a defect in design, workmanship, materials or components of the structure of the premise;

18.3.16     loss or damage caused by any instance of subsidence relating to adverse ground conditions where a full ground condition report has not been provided to, and accepted by us during the performance of the Services;

18.3.17     loss, damage or bodily injury arising out of any pathogenic organisms regardless of any other cause or event that contributed concurrently or in any sequence to that liability. Pathogenic organisms means any bacteria, yeasts, mildew, viruses, fungi, mould or their spores, mycotoxins or other metabolic products;

18.3.18     loss or damage caused by or consequent upon the actions of rodents, vermin or insect infestation;

18.3.19     loss or damage resulting solely from a change in the water table level. This exclusion shall not however apply to any normal seasonal change in the water level;

18.3.20     loss or damage caused by or attributable to: wear and tear; normal dampness; condensation or shrinkages; deterioration whether caused by neglect or otherwise;

18.3.21     loss or damage caused to the premise due to the presence of lignite or pyrites either in the ground material or building materials;

18.3.22     loss or damage caused to the premise due to mining;

18.3.23     contamination outside the boundary of the premise or contamination that migrates on to the premise; or

18.3.24     contamination at the premise not identified prior to the ‘notice to build’ being deposited with the local authority or in connection with ionising radiation;

18.3.25     any items noted as defective during the property inspection may be listed as an exclusion in an additional supplementary list.

18.3.26     In any event, we shall not be liable in respect of any claim made under this clause 18 or otherwise, unless:

18.3 27     the amount that would be otherwise recoverable by you (but for this paragraph) in respect of a specific claim exceeds £10,000; and

18.3.28     the amount that would be otherwise recoverable by you (but for this paragraph) in respect of a specific claim, together with the aggregate amount of all other single claims of £10,000 or more (if any) under this clause 18 or otherwise, exceeds £50,000 and in such event, we shall be liable for the whole of all such claims and not only the excess.

18.3.29     Our maximum aggregate liability in respect of all and any claims under these Terms is as further detailed within clauses 15 and 16.

 

19. Communications Between Us

 

19.1     When we refer, in these Terms, to “in writing”, this will include e-mail.

19.2     If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail to hello@compariqo.com. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 13 please see that clause for how to tell us this.

19.3     If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

19.4     If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

 

20. Other Important Terms

 

20.1     We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. 

20.2     This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

20.3     If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.

20.4     If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Services and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.

20.5     If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country