Taylor & Co

Terms & Conditions

INTERPRETATION
1. Definitions. In these Conditions, the following definitions
  Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
  Charges: the charges payable by the Customer for the supply of the Services in accordance with clause 5.
  Commencement Date: has the meaning set out in clause 2.2.
  Conditions: these terms and conditions as amended from time to time by written agreement of both parties.
  Contract: the contract between the Supplier and the Customer for the supply of Services in accordance with these Conditions.
  Customer: the person or firm who purchases Services from the Supplier.
  Deliverables:the property photos, web profiles, property details, surveys and any other items produced by the Supplier for the Customer.
  Instruction Letter: the Suppliers instruction letter which incorporates these Conditions and contains a description of the services to be supplied by the Supplier to the Customer.
  Intellectual Property Rights: 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.
  Property: the property identified within the Instruction Letter that is to be sold by the Supplier, as agent on behalf of the Customer under the Services
  Sale Value: the actual value agreed within the contract for sale of the Property between the Customer and a buyer.
  Services: the service of acting as an exclusive property agent in the sale of the Property supplied by the Supplier to the Customer as set out in the Instruction Letter and on these Conditions.
  Supplier: Taylor & Co Property Consultants Limited registered in England and Wales under company number 07499982 with its registered office at 19 Diamond Court Opal Drive, Fox Milne, Milton Keynes, MK15 0DU.
BASIS OF CONTRACT
1. The Instruction Letter constitutes an offer by the Supplier to provide the Services exclusively on behalf of the Customer in accordance with these Conditions.
2. The Instruction Letter shall only be deemed to be accepted when the Customer signs the Instruction Letter at which point and on which date the Contract shall come into existence (Commencement Date).
3. The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the Contract.
4. Any samples, drawings, descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations contained in the Supplier's 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.
5. These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
SUPPLY OF SERVICES
1. The Supplier shall use all reasonable endeavours to perform the Services in a timely fashion, however due to the type of service any discussed dates for completion shall be estimates only and time shall not be of the essence for performance of the Services.
CUSTOMER'S OBLIGATIONS
1. The Customer shall:
  1. ensure that the terms of the Instruction Letter are complete and accurate;
  2. co-operate with the Supplier in all matters relating to the Services;
  3. provide the Supplier, its employees, agents, consultants and subcontractors, with access to the Property and other areas as reasonably required by the Supplier;
  4. provide the Supplier with such information and materials as the Supplier may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects;
  5. prepare the Property for any viewings arranged by the Supplier in the provision of the Services; and
  6. obtain the necessary Energy Performance Certificate and all necessary licences, permissions and consents which may be required in order for the Services to start
2. If the Supplier's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default) the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier's failure or delay to perform any of its obligations in the provision of the Services due to the Customers Default.
CHARGES AND PAYMENT
1. The Supplier shall be entitled to charge the Customer
  1. the Fee for services percentage (as set out in the Instruction Letter) of the Sale Value; and
  2. for any expenses and third party charges reasonably incurred and necessary under the Services.
2. The Supplier is under no obligation to instruct third parties or incur any costs without first receiving in cleared funds money from the Customer to cover such third party expenses and/or charges.
3. In accordance with the Instruction Letter the Supplier shall invoice the Customer on the exchange of unconditional contracts for the sale and purchase (and where the contract is conditional upon completion of all of the required conditions) of the Property with a buyer introduced to the Customer by the Supplier. For the avoidance of doubt, where the Customer has terminated the Contract and then exchanges or is party to a contract that becomes binding with a buyer introduced, referred
4. The Supplier, in its complete discretion, reserves the right to invoice the Customer for the Charges where a buyer is found by a third party (contrary to the exclusive appointment of the Supplier under the Contract) or by the Customer him/her/themselves and contracts are exchanged for the Sale of the Property during the Suppliers appointment under the Contract.
5. The Customer shall pay or shall instruct their solicitor to pay the invoice submitted by the Supplier:
  1. within 14 days of the date of the invoice; and
  2. in full and in cleared funds to a bank account nominated in writing by the Supplier, and time for payment shall be of the essence of the Contract.
6. All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being (VAT). Where any taxable supply for VAT purposes is made under the Contract by the Supplier to the Customer, the Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
7. Without limiting any other right or remedy of the Supplier, if the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment (Due Date), the Supplier shall have the right to charge interest on the overdue amount at the rate of 4 per cent per annum above the then current Bank of England's base lending 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
8. The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against the Supplier in order to justify withholding payment of any such amount in whole or in part. The Supplier may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer