HIP Supply Agreement
Part One
We want you to fully understand your rights and obligations when you make a purchase from us. Please read the following terms and conditions before you complete your order
Scope
- The following terms and conditions apply to purchases made from National HIP Sales.
- The contract is between National HIP Sales (the seller) and the person or organisation named on the credit card/debit card or deferred credit agreement used for payment (the buyer).
- For contractual purposes the point of sale is deemed to be England and the date and time of sale that when the order has been received and confirmed, either at the completion of an online transaction, or via an email, letter or fax from us following receipt of your posted order and payment. This contract shall be governed by English Law under the exclusive jurisdiction of the English Courts.
Service Delivery
- Our Home Information Packs are supplied subject to an estate agent from our approved network of estate agents being instructed by you to market The Property for sale. Your order will not be processed until we have been notified that you have instructed at least one estate agent from this network. We will introduce you to at least two approved estate agents in your area.
- You will be notified of which third party HIP provider we have contracted to supply your Home Information Pack. You agree to be bound by the HIP provider’s terms & conditions with regard to the specific production & content of the HIP. We accept no liability for any errors or omissions in the content of the pack.
Pricing & Payment
- The prices are those held on the master file for the web page and its direct links to produce details. In the event of any unauthorized tampering with these pages, the master file held at the trading premises of the seller shall prevail. Any transaction conducted at an incorrect price will be deemed null and void and the buyer advised within 14 days via email.
- Goods must be paid for in advance, whether using online credit card processing facilities, or deferred payment facilities.
The HIP Saver option is subject to the following conditions being met:
- The sale of The Property is completed before the Deferred Payment Date (see 2.4 below).
- You do not change the Estate Agent instructed to market the Property.
- The Property is not removed from the market for a period of more than 28 consecutive days.
- You pay the Estate Agency Fees in full on the day of completion.
- You notify us immediately on completion of the sale of The Property. We accept no liability for any delay as a result of your failure to notify us when the sale has completed.
- You sign a deferred payment agreement with our HIP Payment Service provider, thereby accepting liability for full payment of the HIP Fee where the conditions of the HIP Saver option have not been met.
Return of Goods
- Once the Home Information Pack is ordered you are unable to cancel the Home Information Pack under any circumstance.
Jurisdiction
- The Law of England shall apply to these Terms and Conditions.
- All disputes arising out of these Terms and Conditions shall be subject to the exclusive jurisdiction of the Courts of England.
If you have any queries at all, regarding these terms, please do not hesitate to contact us for clarification before you complete your purchase.
Part Two
Agreement with HIP Payment Service Limited
- If you have elected the HIP Saver or Deferred Payment option, the terms and conditions below of this Part Two of this agreement will also apply.
- In this Part Two of this agreement, the following definitions will apply:
- The Property: the property referred to in this agreement in respect of which a Home Information Pack is being provided.
- Estate Agent: the agents referred to in this agreement who are instructed by you to market the property for sale.
- HIP Fee: the amount shown in this agreement that you are charged for the supply of the Home Information Pack.
- Deferred Payment Date: the earliest date on which any of the following events occurs:
- The sale of the Property is completed;
- You change the Estate Agent instructed to market the Property;
- The Property is removed from the market for a period of more than 28 consecutive days; or
- The expiry of 10 months from the date of this agreement.
- Credit/Debit Card Details: Details as provide by the Customer
- Transaction Fee: £3.50
- HPS will pay the HIP Fee to the HIP Provider on your behalf.
- You agree to pay HPS the Transaction Fee on or before signing this agreement. The Transaction Fee must be paid using the Credit/Debit referred to above.
- You agree to pay the HIP Fee to HPS on the Deferred Payment Date. You authorise HPS to take the HIP Fee from the account of the bank or other financial institution whose details (including Credit/Debit card details) you have provided to HPS at any time on or after the Deferred payment Date.
- You agree to inform HPS immediately the Deferred Payment Date occurs by notification on Hippayment.com or by telephoning HPS at 0845 643 0202. You also agree that the Estate Agent shall inform HPS when the Deferred Payment Date occurs.
- You agree to be liable to us for any financial loss we sustain and any reasonable costs we incur in the event that you fail to notify us immediately the Deferred Payment Date occurs, or pay the HIP fee on the Deferred Payment Date.
- You may not transfer your rights under this agreement without HPS’s prior written consent. HPS may assign, transfer or otherwise dispose of HPS’s rights under this agreement to any person without your consent.
- This agreement is governed by English Law.
- In the event of their being any conflict between the terms in Part One of this agreement and those in Part Two of this agreement, those terms in Part Two shall prevail.
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