53 Crescent Lodge, Overstone Park, Overstone, Northampton NN6 0SR
Tel: 01604 701902
Fax: 01604 422424
Foundation Stone is the trading name of Foundation Stone (UK) Limited
Registered in England No. 6771499 - VAT Registration Number 873 8258 81
Registered Office: 56 Lancaster Way, Northampton, NN4 8LY
Terms and Conditions
These are the terms and conditions for our supply of any commissioned Property Information Pack or Energy Performance Certificate for the residential property specified by you. By ordering any of our Property information Packs, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use our services.
1. Information about us.
1.1 Foundation Stone (UK) Limited (we) operate as a Limited Company business in England. Our trading address is at 53 Crescent Lodge, Overstone Park Northampton NN6 0SR
2. Commissioning a Property Information Pack or Energy Performance Certificate
2.1 By commissioning a Property information pack or Energy Performance Certificate through our organisation, you warrant that: (a) you are legally capable of entering into binding contracts; and (b) you are at least 18 years old.
3. How the contract is formed between you and us.
3.1 Our organisation allows you to request details of costs for the preparation of a Property Information Pack or Energy Performance Certificate for the property specified, by telephone, e-mail or in a letter by post. We will respond to you by e-mail or letter by post, giving you a quote based on the information you have provided to us. All costs quoted by us are valid for 30 days only. You can then decide if you wish to place an order on that costs basis via e-mail or letter by post.
3.2 After placing an order to commission a Property Information Pack or Energy Performance Certificate, you will receive confirmation from us acknowledging that we have received your order. Your order constitutes an offer by you to us to buy a Property Information Pack or Energy Performance Certificate. All orders are subject to acceptance by us. Acceptance takes place when payment is received by us.
3.3 If you have asked us to supply more than one Property Information Pack or Energy Performance Certificate, the same acceptance procedure will apply to each individual Property Information Pack or Energy Performance Certificate.
4 Price and Payment.
4.1 The price of any Property Information Packs or Energy Performance Certificates is as quoted to you by us in an e-mail or in a letter by post or verbally. These prices include electronic delivery to you via e-mail only. Additional charges apply if you require the Property Information Packs or Energy Performance Certificates to be sent to you by any other means.
4.2 If you have been quoted an incorrect price by us in error for a Property Information Pack or energy Performance Certificate, we are by no means obligated to supply you with a Property Information Pack or Energy Performance Certificate at the incorrectly quoted price.
4.3 Payment for the Property Information Pack or Energy Performance Certificate will always be made by you to us in advance of any Property Information Pack or Energy Performance Certificate being delivered to you by us. If there is an exception to this you will be notified by us in an e-mail or a letter by post.
5. Rights of Cancellation
5.1 As a consumer you have a cooling-off period in which you can withdraw from the contract for any reason, subject to the provisions in 5.2 below. This cooling-off period ends seven working days from the day after the contract was concluded and you receive our Order Acceptance in accordance with clause 3.1 above. If you wish to cancel you order you must notify us within the prescribed period by e-mail or letter by post. This provision does not apply to business to business transactions.
5.2 If you are a consumer, the cooling-off period and the right to cancel will not apply where; (a) a Property Information Pack or Energy Performance Certificate has already been issued to you; and (b) you have already opened any emails or sealed envelope containing a Property Information Pack or Energy Performance Certificate or; (c) we begin the preparation of a Property Information Pack or Energy Performance certificate, by agreement with you, before the cooling off period ends.
5.3 Subject to clause 5.6, contracts cancelled by you within the seven day cooling-off period will be refunded in full, excluding any costs of posting the Property Information Pack or Energy Performance Certificate to you. However, you will be responsible for the cost of returning any Property Information Pack or energy Performance Certificate to us.
5.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation.
5.5 Any cancellations or refunds for Property Information Packs or Energy Performance Certificates other than in accordance with the cooling-off period referred to above will be at our sole discretion.
5.6 If you cancel the contract you will remain liable for the cost of any third party reports already ordered or obtained by us on your behalf in accordance with the provisions of clause 7.
5.7 This clause 5 does not affect your statutory rights.
6. Information provided by you to us.
6.1 You will be asked by us to provide us with information about your property that we deem necessary to produce a Property Information Pack or Energy Performance Certificate once we have accepted your order. The specific questions we ask will vary from property to property. We will ask for this information in an e-mail or in a letter by post or in person.
6.2 You will be required to provide the information by e-mail or in a letter by post or in person.
6.3 You may incur additional charges in obtaining information to send to us for our inclusion in the Property Information Pack. An example of such costs (but not limited to) might be Landlords or Managing Agents charges for providing a copy of a lease and other leasehold information. Any such costs are not included in our charges.
6.4 Unless there are exceptional circumstances, your contract for a Property Information Pack or Energy Performance Certificate will normally be fulfilled by delivering to you by email a Property Information Pack or Energy Performance Certificate within twenty eight days of us receiving from you or your agent written confirmation of a service being requested.
6.5 The timescale in 6.4 is for guidance only and we shall not be responsible for delays owing to holiday periods or other causes outside our reasonable control.
6.6 We shall not be liable for any losses of any customer information forms sent to us and you are advised to take copies of all items prior to sending them to us.
6.7 Information provided by you to us will form part of the publicly-available Property Information Pack or Energy Performance Certificate upon which reliance may be made by potential or actual buyers, mortgage lenders and other interested parties. It is imperative that all information provided by you to us is as accurate and complete as possible. You may be held liable for any false, misleading, inaccurate or incomplete information you provide.
6.8 You agree to notify us immediately if you become aware of any information that you have provided to us is incorrect, inaccurate, false or misleading.
6.9 If you provide us with an incorrect address for the Property Information Pack or Energy Performance Certificate, you will still be liable to pay our fees once a contract has been made between us.
7. Third Party Reports
7.1 You acknowledge and agree that during our preparation of a Property Information Pack for you, it will be necessary for us to obtain reports from third parties on your behalf in relation to the property for sale.
7.2 The fee that we charge you for preparing a Property Information Pack includes our costs of obtaining certain specified Third Party Reports on your behalf.
7.3 We will tell you what Third Party reports will be included in your own Property Information Pack fee.
7.4 Our fees for preparing a Property Information Pack or Energy Performance Certificate are based on information you have supplied us with. There may be additional costs if you have supplied us with incorrect information or incomplete information. An example of this could be where you have told us that the land is registered, but in fact the land is not registered.
7.5 In the event that we need to obtain further Third Party reports on your behalf in preparation of a Property Information Pack we will notify you by e-mail or letter by post informing you of any additional costs. We will not seek to obtain any additional Third Party Reports unless you confirm that you require us to do so. Confirmation from you will be by e-mail or letter by post.
7.6 Any delay by you to approve any additional requests of Third Party reports may result in a delay of our preparation of a Property Information Pack. Any Missing required Third Party Report from a Property Information Pack may render the Property Information Pack incomplete and may mean you do not comply with your legal obligations because of this.
7.7 Where we obtain Third Party Reports on your behalf, you acknowledge that we do so as your agent and we shall be permitted to disclose to the relevant party from whom we obtain any Third Party Report that we are acting on your behalf. As such, the contract for the provision of such Third Party Reports will be between you, as the disclosed principal and the provider of the Third Party Report and Foundation Stone (UK) Limited are not a party to any such contract we make as your agent and we can not sue or be sued upon it.
7.8 Foundation Stone (UK) Limited will at all times endeavour to obtain any required Third Party Reports for you from suitable parties whom we believe to have a suitable level of competence and professional standing. You acknowledge that Foundation Stone (UK) Limited is not liable for the contents of any Third Party Reports or any errors or omissions within any such Report or any delay by any Third Party in providing any such Report.
7.9 If you exercise your right to cancel a contract in accordance of the provisions in clause 5, Foundation Stone (UK) Limited reserve the right to charge you for any costs incurred by us in obtaining Third Party Reports on your behalf prior to the date of cancellation of the contract.
8 Our Liability
8.1 Foundation Stone (UK) Limited is not responsible to you for any Data that you lose from any E-mail we have sent you although we will where possible re-submit any such Data to you by E-mail free of charge. You acknowledge that you have the means to back up and save any Data sent by us to you by E-mail and you acknowledge that you have saved any Data that you have sent to us by email.
8.2 We shall not be liable for any use made of your Property Information Pack or any information contained in it by third parties once your Property Information Pack has been made available to the public by any means.
8.3 Subject to clause 8.4, our entire liability to you in respect of these terms and conditions or any contract shall be limited to £250,000, which represents the level of our insurance cover and you are responsible for making your own arrangements for the insurance of any excess if required.
8.4 Clause 8.3 does not include or limit in any way our liability for (a) death or personal injury caused by our negligence; (b) for fraud or fraudulent misrepresentation by us; or (c) for any other matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.5 We accept no liability for any loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of data, loss of time or any consequential loss or damage of any kind whether caused by breach of contract, negligence or otherwise.
8.6 We can only survey the parts of the property that we have access to on the day and time of the visit. We are not liable for reporting on parts of the property that cannot be accessed on the day and time of the visit. It is the person in charge of the property's responsibility for ensuring the surveyor can access all parts of the property.
9.1 Certain applicable laws require that some of the information we send to you should be in writing, you accept that our communications with you will from time to time be electronic. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, information and notices that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10. Cancellation by us
10.1 Foundation Stone (UK) Limited reserves the right to refuse to accept your order for a Property Information Pack or Energy Performance Certificate for any reason, and we do not have to give you a reason why we have refused your order for a Property Information Pack or Energy Performance Certificate.
10.2 We reserve the right to cancel our contract with you at any time if you give us reasonable grounds to believe that you have supplied us with incorrect, false or misleading information or if we believe you may do so in the future. If we cancel our contract with you we will notify you by e-mail or letter by post.
11. Unexpected Events
11.1 Foundation Stone (UK) Limited will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract caused by events that are outside of our reasonable control.
11.2 Examples of these events could be (but not limited to) outbreak of Civil War (whether declared or not), National power outages, industrial disputes, extreme weather conditions, theft of equipment and hostile Computer acts.
12.1 All notices given by you to us must be given to Foundation Stone (UK) Limited or email to firstname.lastname@example.org
12.2 We will give any notices to you from us by Email or letter by post.
12.3 We will deem any notices given by us as received and served 24 hours after an email is sent or 3 working days after a letter has been posted by us.
13.1 If any of these terms and conditions or any of the provisions of a contract are deemed by any competent authority to be invalid, unlawful or unenforceable, such term, condition or provision will to that extent be severed from the remaining terms and conditions, which will continue to be valid to the fullest extent permitted by law.
14. This Document
14.1 These terms and conditions and any document referred to in them set out the entire agreement between us in relation to any contract. These terms and conditions and any document referred to in them supersede any prior agreement, understanding or arrangement between us whether orally or in writing.
14.2 Foundation Stone (UK) Limited has the right to revise these terms and conditions form time to time.
14.3 You will be subject to the policies, terms and conditions in force when you order a Property Information Pack or Energy Performance Certificate from us, unless we are required by law to make any changes to comply with any laws.
15. The Law
15.1 These terms and conditions and any contracts for the purchase of Property Information Packs or Energy Performance Certificates (which are provided only for properties in England and Wales) through Foundation Stone (UK) Limited will be covered by English law. Any dispute arising from, or related to, such terms and conditions or contracts shall be subject to the non exclusive jurisdiction of the courts of England and Wales, although we retain the right to bring proceedings against you for breach in your country of residence or any other relevant country.