Terms & Conditions of Business
For the purposes of these terms and conditions any references to YS or ‘the company’ means Yorkshire Searches Ltd trading as Yorkshire searches Ltd and any third party organizations, associates, partners or employees used during the course of legitimate ns business
- YS provide only Property Searches. We are neither Process Servers nor Enquiry Agents.
- YS carries out searches on UK based properties only
- Unless otherwise agreed, search requests must be in writing and include full postal address, location plan and the appropriate fee. Should no location plan be included, YS will not accept responsibility for any errors or omissions in the results of the search. Searches may also be submitted electronically but must include a location plan as stated previously.
- YS undertakes to ensure that search information will only be obtained by fully trained staff, experienced in carrying out Local Authority Searches.
- All searches carried out by YS are insured for £2M per search against ‘errors and omissions’.
- In carrying out the search YS will inspect all public and other registers made available by the local authority and any other relevant organisations. In the event that certain Con29 Part 1 questions cannot be answered due to local authority or other restrictions a note of the restriction and method of obtaining said answers will be included in the report
- Where additional information is required and forms an essential part of a search request, it is the obligation of the client to inform YS at the outset.
- Where such information is readily available at no cost, (e.g. adopted sewers, public rights of way etc.) it will be included within the results of a standard search.
- Where it is only available at an additional cost/time element YS undertakes to inform the client of any additional fees that may be chargeable for obtaining such information.
- In the event of the client requesting ‘copy documents’, a fee will be charged based on the cost/time elements of obtaining said documents and any local authority disbursement. YS undertake to inform the client of such fees at the outset.
- YS aim to return all search results within five working days. However, this may not always be feasible due to local authority appointment systems
- Where YS is aware in advance, that there may be a delay in returning the search results, YS undertakes, wherever possible, to inform the client at the outset. In all other circumstances, YS undertakes to inform the client within twenty four hours of becoming aware of any such delay.
- YS do not accept liability for any loss, financial or otherwise, incurred by the client, as a result of delayed search results.
- Results will be typed and submitted in YS Short Report format, (sample reports are available on request), unless agreed at the outset
- Search Reports will be returned electronically, by post or by fax; YS does not provide hard copies as standard but will by agreement.
- Where Con 29 Part 2 Optional Enquiries are requested, an additional fee (to be notified at the time of booking) will be made for each Optional Enquiry.
- The information contained in a Search Report has been obtained by a personal inspection of public records and other legitimate sources available in the public domain. YS accepts no responsibility for revealing incomplete or inaccurate information, where the error is a direct result of defective source material
- Any defect or inaccuracy in the reports provided by ns must be notified to YS by the client within seven days of receipt. In the event that such notice is not given, the client shall be deemed to have been satisfied with the performance of YS
- In the event that the client suffers loss as a result of the negligence or otherwise, the liability of YS will be limited to an amount not exceeding £1 million in respect of any individual claim
- Drainage information provided as part of the search report is taken from public sewer records and as such reveals only the position of the nearest public sewers. No guarantee is given or implied that the search property is connected to the sewer identified. Clients are recommended to obtain a full Water Report from the relevant Water Company
- Unless otherwise agreed standard payment terms are cash or cheque with the search request
- Alternative terms by agreement only: Payment on receipt of invoice; these will be submitted with results, or
- Payment on receipt of monthly statement: Please note all invoices on the statement are immediately payable
- Where alternative terms are required these must be agreed with YS at the outset
- Please note invoices and statements are submitted electronically. YS do not provide hard copies as standard unless so agreed.
- Search Reports remain the property of ns until all agreed terms have been fulfilled
- YS reserves the right to withhold results until payment has been received
- All search documentation provided by YS is governed by copyright law and as such is for the sole use of the client and may not be copied, sold or otherwise distributed without the express written permission of YS.
- All information held by YS is covered by the Data Protection Act
- Each search is deemed to be an individual contract governed by English Law