Terms and Conditions
The Company is a Property Deal Find Service, who has reasonable skill, knowledge, and experience in that field. These Terms of Business shall apply to the provision of a Property Deal Find Service to its Clients.
- Use of the singular includes the plural and use of the masculine includes the feminine and vice versa.
- “Agent” “we” or “us” means the Agent trading from the Registered Office Address
- “Jointly and severally liable” means that each person will be responsible for complying with the obligations of and paying all charges and costs under this Agreement, both individually and together.
- “Landlord” “you” or “your” means the Landlord, and any other person owning a reversionary interest in the Premises, whether freehold or leasehold, entitling them to possession of it upon the Termination or expiry of the Tenancy and anyone who later owns the Premises.
- “Tenant” means anyone entitled to possession of the Premises under a Tenancy Agreement.
- “Occupier” means a Tenant, or any other person or organization entitled to occupy the Premises under a Tenancy, License or any other form of Agreement or contract.
- “Occupancy Agreement” means any Agreement between you and any Occupier which permits them to occupy the Premises whether it constitutes a Tenancy Agreement.
- “Premises” means any part or parts of the building boundaries fences garden and outbuildings belonging to the Landlord at the Premises Address. When the Premises are part of a larger building the Premises include the use of common access ways and facilities.
- “Inventory” or “Inventory and Schedule of Condition” means the document drawn up prior to the commencement of the Tenancy by the Landlord or the Agent, which includes the fixtures and fittings in the Premises.
- “Term” or “Tenancy” means the fixed Term of the Tenancy Agreement and any extension or continuation of the Tenancy whether fixed Term or periodic arising after the expiry of the original Term.
- “Superior Landlord” means the person company or organization to whom ownership of the Premises reverts at the end of the lease.
- “Deposit” means the money held by the Agent in a stakeholder capacity during the Tenancy in case the Tenant fails to comply with the Terms of the Tenancy Agreement.
- “Stakeholder” means that deductions can only be made by the Agent from the Deposit at the end of the Tenancy with the written consent of both parties.
- “Tenancy Agreement” means the contract drawn up between the Landlord and the Tenant specifying the obligations of the two parties.
- “DPS” The Deposit protection scheme.
- “ICE” means the Independent Case Examiner of The Deposit Protection Scheme
Our Service – Property Deal Find Service
- any property investment will take place; and
- any investment (if made) will be profitable and not loss making.
How We Use Your Personal Information (Data Protection)
Limitation of Liability
- We will supply You with a Property which may be of interest to you for business purposes. You are not obligated to purchase the Property and after you have completed your own Due Diligence, you are to decide whether the property meets your requirements. You agree that:
• You shall provide Redmayne Smith Ltd with a Decision/Mortgage in Principle within 5 days of agreeing to purchase the Property. Failure to provide such information may mean the Property is offered to another party;
- You will instruct a law firm to carry out the conveyancing process on your behalf. You will advise Redmayne Smith Ltd of your appointed representative within 5 days of agreeing to purchase the property. Failure to provide such information may mean the Property is offered to another party;
- No legal advice or warranties are given by Redmayne Smith Ltd. You are to obtain your own legal advice as to any title or legal issues affecting the property and Redmayne Smith Ltd shall have no liability for the same;
- Redmayne Smith Ltd is not responsible for any failure or breach of contract by any other party and Redmayne Smith Ltd shall have no liability for the same;
- No commercial advice or warranties are given by Redmayne Smith Ltd. You are to obtain your own advice as to valuations, rental yields, and the commercial aspects of the transaction and Redmayne Smith Ltd shall have no liability for the same;
- No advice or warranties are given by Redmayne Smith Limited as to the likelihood of any profit or loss Redmayne Smith Ltd shall have no liability for the same;
- In the case of new build developments, Redmayne Smith Ltd makes no warranties as to any obligation of the developer, the terms of any contract, or the completion of any build, and Redmayne Smith Ltd shall have no liability for the same; and,
- By law the seller may withdraw from the sale or change the price of the property at any time up to exchange of contracts.
- You agree not to bring any claim arising out of or in connection with this agreement against any employee, member, owner, director, or consultant of Redmayne Smith Limited. These individuals do not have a personal duty of care to you. Any such claim for losses must be brought against Redmayne Smith Limited. Any Redmayne Smith Limited Person may enforce this clause under the Contracts (Rights of Third Parties) Act 1999, but these terms may be varied at any time without the need for any Redmayne Smith Limited Person to consent.
Cancellation of Contract During the Cooling Off PeriodWhere the Agreement is not made “on Our premises”, You have a statutory right to a “cooling off” period. This period begins once the contract between You and Us is formed. If You wish to cancel the Agreement within the cooling off period You should inform us immediately by a clear statement (e.g., a letter sent by post, or email to the postal address, or email address specified in these Terms of Business). You may use the Model Cancellation Form, but You do not have to.
- To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.
- If You exercise this right to cancel You will receive a full refund of any amount paid to the Us in respect of the contract (including, but not limited to, the Deposit, where applicable).
- We will refund money using the same method used to make the payment unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund.
- We will process the refund due to You as a result of a cancellation without undue delay and, in any case, within the period of 14 calendar days after the day on which we are informed of the cancellation.
- If the Start Date falls within the cooling off period, You must make an express request for provision of the Property Deal Find Services to begin within the 14–calendar day cooling off period. This request forms a normal part of the ordering process. By making such a request You acknowledge and agree to that should you cancel within this period no refunds shall apply.
No Party to the Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
Nothing in this agreement shall limit or exclude the liability of Redmayne Smith Ltd for:
- Death or personal injury caused by its negligence, or the negligence of its employees, agents, or subcontractors (as applicable).
- Fraud or fraudulent misrepresentation or wilful default.
- Unlawful liability restrictions. Any matter in respect of which it would be unlawful to exclude or restrict liability.
Limitations of Liability
Subject to above: Loss of profit, revenue, goodwill, or anticipated savings. Redmayne Smith Ltd shall not under any circumstances whatever be liable to the other, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
- any loss of profit, sales, revenue, or business;
- loss of anticipated savings;
- loss of or damage to goodwill;
- loss of agreements or contracts;
- any loss arising out of the lawful termination of this agreement or any decision not to renew its term, or
- any loss that is an indirect or secondary consequence of any act or omission of the party in question.
The total liability of Redmayne Smith LTD all other loss or damage arising under or in connection with this agreement whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed a multiple of three times the fees paid by the customer to Redmayne Smith Limited for the entire term of this agreement.
No Limitations in Respect of Deliberate Default
Neither party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default. No liability for claims not notified within six months. Unless a party notifies the other party that it intends to make a claim in respect of an event within the notice period, the other party shall have no liability for that event. The notice period for an event shall start on the day on which the party wishing to make a claim became, or ought reasonably to have become, aware of [the event having occurred OR it has grounds to make a claim in respect of the event] and shall expire six months from that date. identify the event and the grounds for the claim in reasonable detail.
Acts of Third Parties
We will not be responsible for any loss or damage that you suffer through the act, default, or negligence of any third party which may arise other than through our negligence, omission, or failure. The Contract (Rights of Third Parties) Act 1999 does not apply to this Agreement
This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.
No reliance on matters outside agreement. Each party acknowledges that in entering into this agreement it does not rely on and shall have no remedies in respect of, any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in this agreement.
The provisions for the service of notices are that if either party deliver by hand any Notices or documents which are necessary under the Agreement, or any Act of Parliament to the other party by 5pm or the last known address of the other party; the documents or Notices will be deemed delivered on the next working day which excludes Saturdays Sundays and Bank Holidays; or if any documents or Notices are sent by registered, or recorded delivery post the documents will be deemed delivered upon proof of delivery being obtained; or if the documents or Notices are sent by ordinary first class post addressed to the other party or the last known address of the other party; the documents or Notices will be deemed delivered two working days later, which excludes Saturdays, Sundays and Bank Holidays. All notices under these Terms shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
Communication and Contact Details
Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the law of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction in respect of any dispute under it.