Terms & Conditions
Your Premium Indication
We have reviewed the information you have provided us and based upon this we attach a ‘Demands & Needs’ statement identifying your specific needs and our recommendations.
Based upon the information available to us we are happy to recommend the above insurers as being suitable for your project.
The premium details for these quotes are as outlined above.
Please note that the Optional Extra may include Administration Fees and/or Financial Services Compensation Scheme Levy.
Your ‘Demands and Needs’ statement
Please study this carefully to ensure it meets your needs. If there are any changes required, please let us know immediately.
Our ‘terms of business’ agreement
As an Appointed Representative (AR) of Servca Ltd and in accordance with the requirements and directives of the Financial Conduct Authority, we have also included our terms of business below for your information.
To enable us to make a recommendation for your insurance requirements, we have obtained information about yourself / your business, your insurance needs and your previous insurance policies. The information is either captured by proposal form, statement of fact or risk presentation.
You must check that all the information contained in this statement is correct. If any of the details have changed or are not correct, please contact us immediately. You must take reasonable care not to make a misrepresentation to the insurer. This means that all the answers you give and statements you make in relation to this insurance should be honest and accurate. If you deliberately or carelessly misinform the insurers, this could mean that part of or all of a claim may not be paid.
Any changes during the period of insurance that could affect the cover offered should be advised a soon as possible. You should ensure your requirements and our recommendations meet your needs. If they differ, please contact us immediately.
Demands and Needs
You have requested an insurance product to meet your personal / business needs. In particular you have highlighted the need to consider:
PROPERTY AND RISK COVER
AFFORDABILITY/SUITABILITY OF PRODUCT
This recommendation, in our opinion meets your demands and needs. We have selected the following product and insurer which represents the closest match to your requirements. This is subject to any caveats or qualifications listed below.
It provides a good and fair balance between price, cover, security / reputation of the insurer in meeting your needs.
We have considered your Demands and Needs and are happy to advise you on the most suitable provider for your Building Warranty Insurance.
Summary of Demands and Needs
Demands & Needs – Cover Requests
Demands & Needs – Caveats & Qualifications
You should always refer to the policy documentation and summary of cover for details of endorsements, policy restrictions and excesses.
Note: It is perfectly normal for both of the boxes above to be blank, as this merely signifies that you, the client, have highlighted no special needs and we, your broker, have made no special recommendations, nor have we qualified our recommendation in any way.
If you believe that you have made a ‘special request’ that has not been reflected here, please contact us immediately.
Whilst we have considered and matched your demands and needs and identified specific cover requests, you must always refer to the insurance schedule and policy documentation including Key Facts statement to ensure this represents your business requirements. This will identify the basis of cover, key exclusions, excesses and limitations of conditions associated with your policy.
TERMS OF BUSINESS
Build Warranty Insurance Services Ltd of 7-8 Delta Bank Road, Gateshead, Tyne & Wear, NE11 9DJ, is an independent insurance broker who is an Appointed Representative of Servca Ltd who authorised and regulated by the Financial Conduct Authority (FCA). We are permitted to arrange, advise on, deal as an agent of insurers, assist in claims handling with respect to non-investment insurance policies. Our firm reference number is 843944.
You can check this on the FCA’s Register by visiting the website www.fca.org.uk/register or by contacting the FCA on 0800 111 6768.
We offer a wide range of products and services and have access to a range of insurers in the marketplace. We act on your behalf and our services include; advising you on your insurance requirements; providing ongoing assistance to help you with any changes you may have to make and assisting you should you need to make a claim.
Upon receipt of your instructions, whether written or oral, we will conduct negotiations on your behalf with insurers. We will conduct a market analysis taking into account premium, coverage, and insurer financial soundness before making our recommendations to you (we cannot guarantee the future financial soundness of any Insurance Company and our recommendations are based on the information to hand at the time). During the course of our negotiations, we will keep you informed of our progress and advise you of any requirements we are unable to fulfil.
How to cancel
You may have a statutory right to cancel this policy within a short period. Please refer to your policy summary or your policy document for further details. If you cancel you will receive a pro rata refund of premium from the insurer. Insurers are also entitled to make an administrative charge. We may keep an amount that reflects the administrative costs of arranging and cancelling the policy.
If you wish to cancel outside this period, you may not receive a pro rata refund of premium. We may also keep an amount that reflects the administrative costs of arranging and cancelling the policy.
We will write to you with full details of our proposals, outlining the cover to be provided, the insurer accepting the risk and details of the premium to be charged. You will be advised when and how payments should be made and be given details of any penalties which will be applied for late payment. Policy documentation will be issued to you as soon as possible once cover has been arranged and payment received.
In the event that you need to make a claim we will advise you of the action you need to take. We will notify the claim to insurers, negotiate where appropriate with insurers and loss adjusters on your behalf and assist in resolving the claim in accordance with market practice and the policy terms and conditions.
Consumers: You must take reasonable care not to make a misrepresentation to the insurer. This means that all the answers you give and statements you make as part of your insurance application, including at renewal and when an amendment to your policy is required, should be honest and accurate. If you deliberately or carelessly misinform the insurers, this could mean that part of or all of a claim may not be paid.
Commercial customers: If the insurance is arranged wholly or mainly for purposes related to your trade, business or profession you have a duty to disclose all material facts whether or not the insurer asks for specific information. This duty applies throughout the life of your policy, and when you renew your insurance. Material facts are any facts which may influence the insurer’s decision to accept the policy and/or what terms are applied. Failure to disclose a material fact may invalidate your insurance and could mean that your claim will not be paid.
You are required to settle premiums due in accordance with our payment terms. For clients with credit arrangements our normal terms are 30 days from date of invoice, any variations will have been agreed in writing. For all other client’s settlement is due by the date of inception of the policy. Failure to observe these terms may invalidate your cover. We accept payment by guaranteed cheque, cash, BACS or Credit/Debit Card (please note that any fees charged by your card supplier may be added to the final amount).
You may be able to spread your payments through insurer’s instalment schemes or credit schemes that we may arrange. Full details of the options available to you will be provided before cover is taken out.
To ensure full protection, you are required to notify us of any circumstance giving rise to a claim; which may give rise to a claim, or a claim. You should familiarise yourself with the claims procedures and terms as detailed in the Policy Document.
Our remuneration will be either a fee, as agreed with you, or commission which is calculated as a percentage of the premium paid by you and given to us by the insurer with whom the insurance is placed, or where legal and appropriate a combination of both. The basis upon which we are remunerated will be agreed with you prior to cover being arranged. Brokerage and fees are earned for the policy period and we are entitled to retain such brokerage and fees in respect of policies placed by us for the full policy period. Any fee will be agreed with you first. We do not charge additional fees for mid-term policy adjustments.
Professional Indemnity cover is maintained as required by the Regulator governing our business activities.
Protecting your money
Before your premium is paid to the insurer, and for your protection, we either hold your money as an agent of the insurer (in which case your policy is treated as being paid for), or we hold it in a client bank account on trust for you. We may extend credit to other customers from this account and we may need to transfer your money to another intermediary in some cases. However, your money will be protected at all times because of our requirements under the Financial Conduct Authority rules. We also reserve the right to retain interest earned on
this account. By accepting these Terms of Insurance Business you are giving your consent for us to operate in this way.
Protecting your information
All personal information about you will be treated as private and confidential (even when you are no longer a customer), except where the disclosure is made at your request or with your consent in relation to administering your insurance or where we are required by law.
Some or all of the information you supply to us in connection with your insurance proposal may be passed to insurance and other companies for underwriting, claims and premium collection purposes. Your data will be held in accordance with the Data Protection Act 1998, under which you have a right of access to see personal information about you that is held in our records, whether electronically or manually. If you have any queries, please write to the Managing Director, at the above address.
We and/or the insurers and/or credit providers may use publicly available data from a variety of sources, including credit reference agencies and other external organisations to verify your identity or creditworthiness, to avoid fraud, and to obtain beneficial quotes and payment options on your behalf. Each of the searches may appear on your credit report whether or not your application proceeds.
By agreeing to these terms and conditions you agree to these uses of your information.
Technical and Administration Services
BUILD WARRANTY, as part of post-sales customer relations, offer the below services to our clients. These services are available throughout the build period of your project and throughout the life of the purchased policy (10 years), as applicable, upon acceptance of the Technical and Administration Fee:
❖ Organisation of Site Surveys: We offer to process the initial site survey schedule as well as assist in ongoing scheduling throughout the build period of your project.
❖ Technical Advice: Throughout the build period of your project, when remediation is necessary to satisfy the appointed surveyor, we offer expert and impartial technical advice to you, the client, in order to help you resolve any construction issues or remediation conditions set out by the survey team acting on behalf of the insurance provider.
❖ Sourcing of Documentation: Throughout the build period, in order to satisfy the conditions set out by the provider of the insurance policy, we will assist with and organise the sourcing of any technical documentation required including, but not limited to, insurance backed guarantees, slate certificates and electrical certificates.
❖ Mediation and Conflict Resolution: If at any point throughout the build period and site survey process, you, the client, are unsatisfied or disagree with the remediation conditions set out by the site survey team acting on behalf of the insurance provider, we offer mediation and conflict resolution services between you and the survey team. We can offer technical and non-technical advice as well as mediate with the survey team on your behalf in order to resolve any conflicts of opinion relating to remediation conditions.
❖ Technical Services: Throughout the build period we are able to offer, organise or assist in the organisation of a wide range of technical and industry services to you, the client, in order to satisfy either initial conditions or remediation conditions set out by the insurance provider or site survey teams acting on behalf of the insurance provider.
❖ Organisation of Building Warranty Sign-Off: At the end of the build period, we will organise and supply all required certification to you, the client, as well as assist with the resolution of any issues relating to finalisation of the building warranty policy.
❖ Life-of-policy Administration Services: Throughout the life of the purchased policy (10 years) we offer administration services to you, the client, including, but not limited to, reissuance of certificates, change of contact details and transfer of ownership.
Please note that these post-sales customer relations services are only available for the purchased policy referred to in your quote letter and supporting demands and needs document. We do not supply these services in
relation to projects for which you, the client, have not used BUILD WARRANTY as your chosen building warranty broker.
In order to comply with the Proceeds of Crime Act 2002 (Part 7: Money Laundering) and Money Laundering regulations 2003, we will not accept cash payments in excess of £2,500 for premiums due, or deposits on premium finance arranged.
It is our intention to provide you with a high level of service at all times but if you should wish to complain then we have a formal complaints procedure. In the first instance, you should write to The Compliance Officer Build Warranty Insurance Services Ltd, 7-8 Delta Bank Road, Gateshead, Tyne & Wear NE11 9DJ. You may be entitled to refer it to the Financial Ombudsman Service. Further information is available at: http://www.financial-ombudsman.org.uk/ or telephone 0845- 0801800.
We are covered by the Financial Services Compensation Scheme. You may be entitled to compensation from the scheme if we or the insurer cannot meet our obligations. This depends on the type of business and the circumstances of the claim. Insurance advising and arranging is covered for 90% of the claim, without any upper limit. For compulsory classes of insurance, insurance advising and arranging is covered for 100% of the claim, without any upper limit. Further information about compensation scheme arrangements is available from the FSCS at http://www.fscs.org.uk/ or telephone 0207-892-7301.
Our services may be terminated without cause or penalty by either of us, giving one month’s notice to the other, or as agreed. In the event of your terminating our services, we will retain any brokerage/ fees paid to us. We have
no obligation to perform any further services to you from the date of termination. Any claims reported after the date of termination will be the responsibility of the party taking over our role.
Our services and Terms of Business provided are governed and construed in accordance with English Law, which may change from time to time.
**Note: You can check these details on the FCA Register by visiting their website via http://www.fsa.gov.uk/register/firmSearchForm.do or by
contacting them on 0800 031 6768. The Servca Ltd FCA reference number is 596006.
Further information about the Ombudsman is available at www.financial-ombudsman.org.uk and on 0800 023 567.
Also, more information about Compensation Scheme arrangements is available from the FSCS at www.fscs.org.uk and on 020 7892 7300
The DPA & GDPR May 2018
We and this website complies with the DPA (Data Protection Act 1998) and already complies to the GDPR (General Data Protection Regulation) which comes into effect from May 2018. We will update this policy accordingly after the completion of the UK’s exit from the European Union.
What are cookies? Cookies are small files saved to the user’s computer’s hard drive that track, save and store information about the user’s interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.
Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors or use the cookie control system if available upon their first visit.
Website Visitor Tracking
This website uses tracking software to monitor its visitors to better understand how they use it. The software will save a cookie to your computer’s hard drive in order to track and monitor your engagement and usage of the website, but will not store, save or collect personal information.
Downloads & Media Files
Any downloadable documents, files or media made available on this website are provided to users at their own risk. While all precautions have been undertaken to ensure only genuine downloads are available users are advised to verify their authenticity using third party anti-virus software or similar applications.
We accept no responsibility for third party downloads and downloads provided by external third-party websites and advise users to verify their authenticity using third party anti-virus software or similar applications.
Contact & Communication With us
Users contacting us through this website do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use. Where we have clearly stated and made you aware of the fact, and where you have given your express permission, we may use your details to send you products/services information through a mailing list system. This is done in accordance with the regulations named in ‘The policy’ above.
Email Mailing List & Marketing Messages
We operate an email mailing list program, used to inform subscribers about products, services and/or news we supply/publish. Users can subscribe to an online automated process where they have given their explicit permission. Subscriber personal details are collected, processed, managed and stored in accordance with the regulations named in ‘The policy’ above. Subscribers can unsubscribe at any time through an automated online service. The type and content of marketing messages subscribers receive, and if it may contain third party content, is clearly outlined at the point of subscription.
Email marketing messages may contain tracking beacons / tracked clickable links or similar server technologies in order to track subscriber activity within email marketing messages. Where used, such marketing messages may record a range of subscriber data relating to engagement, geographic, demographics and already stored subscriber data.
External Website Links & Third Parties
Although we only look to include quality, safe and relevant external links, users are advised to adopt a policy of caution before clicking any external web links mentioned throughout this website. (External links are clickable text/banner/image links to other websites, similar to; Cottages on the River or www.celticinst.com.)
Shortened URL’s; URL shortening is a technique used on the web to shorten URL’s (Uniform Resource Locators) to something substantially shorter. This technique is especially used in social media and looks similar to this (example: http://bit.ly/zyVUBo). Users should take caution before clicking on shortened URL links and verify their authenticity before proceeding.
We cannot guarantee or verify the contents of any externally linked website despite our best efforts. Users should, therefore, note they click on external links at their own risk and we cannot be held liable for any damages or implications caused by visiting any external links mentioned.
Our Targeted Advertising
Our targeted advertising cookies are placed on your device by us (or service providers operating on our behalf).
We may use these cookies on our websites and in connection with our content and advertisements that appear on third-party websites and online services to recognise that you’ve viewed or interacted with our content or advertisements and so we can show you advertisements for products that we believe will be of interest to you. We may also use these cookies to limit the number of times you see the same advertisement.
The organisation setting the cookie (either the third party or us) is responsible for obtaining consent.
Third-Party Targeted Advertising
Third-party targeted advertising cookies may be placed on your device by third-party advertisers, ad networks, data exchanges, marketing analytics and other service providers.
Third-party targeted advertising cookies collect information about your browsing activity across multiple websites and online services in order to provide you with relevant advertisements on our websites and online services and the websites and online services of third parties. Ad networks may share this information with the advertisers using their network. These cookies may also be used to measure the effectiveness of advertising campaigns, for example by collecting data on how many people click on a particular advert. The information collected using these third-party advertising cookies does not identify you personally.
Third-party targeted advertising cookies are often linked to site functionality provided by the third-party which may mean that clicking on the advertisement redirects you to that third-party’s website.
Whilst we cannot always know what third-party advertising cookies are being dropped before they appear on our website, we maintain processes to monitor cookies placed on our websites by external service providers and to control the way in which data is collected via our websites. We can also request that certain third-party advertising cookies are turned off by the third-party provider.
Social Media Policy & Usage
We adopt a Social Media Policy to ensure our business and our staff conduct themselves accordingly online. While we may have official profiles on social media platforms users are advised to verify the authenticity of such profiles before engaging with or sharing information with such profiles. We will never ask for user passwords or personal details on social media platforms. Users are advised to conduct themselves appropriately when engaging with us on social media.
There may be instances where our website features social sharing buttons, which help share web content directly from web pages to the respective social media platforms. You use social sharing buttons at your own discretion and accept that doing so may publish content to your social media profile feed or page. You can find further information about some social media privacy and usage policies in the resources section below.
Google Ads Telephone Extension
Resources & Further Information –
v.3.0 March 2023 Edited & customised by: Build Warranty Group Ltd
This page together with the documents expressly referred to on it tells you information about Build Warranty Technical Services Ltd (“we” or “us”) and the legal terms and conditions (Terms) on which we provide the services we offer (Services).
These Terms will apply to any contract between us and you in relation to the Services (Contract).Please read these Terms carefully and make sure that you understand them before ordering any Services. Please note that by ordering any of our Services, you agree to be bound by these Terms and the other documents expressly referred to in these Terms.
Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Services from our website.
You should print a copy of these Terms or save them to your computer for future reference.
1.1 In these terms and conditions, the following definitions apply:
Charges means the sum payable by you for the Services
Deliverables means the deliverables (including any reports or certificates) to be provided by us to you as part of the Services
Insolvency Event means an event where a party is unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986) or becomes insolvent or an order is made or a resolution passed for the administration, winding-up or dissolution of the other (otherwise than for the purposes of a solvent amalgamation or reconstruction) or an administrative or other receiver, manager, liquidator, administrator, trustee or similar officer is appointed over all or any substantial part of the assets of the other or the other enters into or proposes any composition or arrangement with its creditors generally or any analogous event occurs in any applicable jurisdiction
Intellectual Property Rights means 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.
Order means your order or request for the Services
Specification means the description or specification of the Services provided in writing by us to you
2 Information about Us
2.1 www.buildwarranty.co.uk is a site operated by Build Warranty Technical Services Ltd (“we” or “us”). We are a limited company registered in England and Wales under company number 11613886. We have our registered office at 7-8 Delta bank Road, Metro Riverside Park, Gateshead, Tyne & Wear, NE1 8SG and this is also our main trading address.
3 Use of our website
3.1 Your use of our website is governed by our terms of website use. Please take the time to read these, as they include important terms.
4 How we use your personal information
5 If you are a Consumer
5.1 If you are a consumer, you may only purchase Services from our website if you are at least 18 years old.
5.2 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
5.3 As a consumer, you have legal rights in relation to Services that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6 If you are a business customer
6.1 If you are a business customer, you confirm that you have authority to bind any business on whose behalf you use our website to purchase Services.
6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
7 Basis of contract
7.1 The Order constitutes an offer by you to purchase Services in accordance with these Terms.
7.2 The Order shall only be deemed to be accepted when we issue written acceptance of the Order at which point and on which date the Contract shall come into existence (Commencement Date).
7.3 Any samples, drawings, descriptive matter or advertising issued by we, and any descriptions or illustrations contained in our 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.
7.4 These Terms apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
7.5 Any quotation given by us shall not constitute an offer, and is only valid for a period of 20 Business Days from its date of issue.
7.6 If, following our acceptance of your Order we decide that we are unable to perform the Services, we will let you know as soon as possible and refund any Charges you have paid.
8 Supply of services
8.1 We shall supply the Services to you in accordance with the Specification in all material respects.
8.2 We shall use all reasonable endeavours to meet any performance dates agreed in writing between the parties, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
8.3 We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and we shall notify you in any such event.
8.4 We warrant to you that the Services will be provided using reasonable care and skill.
9 Your obligations
9.1 You shall:
9.1.1 ensure that the terms of the Order and any information you provides in the Specification are complete and accurate;
9.1.2 co-operate with us in all matters relating to the Services;
9.1.3 give all decisions, approvals and instructions reasonably requested by us;
9.1.4 provide us, our employees, agents, consultants and subcontractors, with access to your premises and facilities as reasonably required by us;
9.1.5 provide us with such information and materials as we may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects; and
9.1.6 obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Services are to start.
9.2 If our performance of any of our obligations under the Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Customer Default):
9.2.1 we shall, without limiting our other rights or remedies, have the right to suspend performance of the Services until you remedy the Customer Default, and to rely on the Customer Default to relieve us from the performance of any of our obligations to the extent that the Customer Default prevents or delays our performance of any of its obligations;
9.2.2 we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this clause 9.2; and
9.2.3 you shall reimburse us on written demand for any costs or losses sustained or incurred by we arising directly or indirectly from the Customer Default.
10 Charges and payment
10.1 The Charges for the Services shall be advertised by us or, if different, as agreed between us. We change our Charges from time to time but this will not affect any Order which we have accepted.
10.2 We will require payment for the Services either at the time of your Order, in advance of performance of the Services or on completion of the Services, at our
10.3 If we do not require payment for the Services at the time of your Order, we will submit an invoice to you which you must pay within 14 days of the date of the invoice. Time for payment shall be of the essence of the Contract.
10.4 We shall be entitled to charge you for any expenses we reasonably incur in connection with the Services including, but not limited to, travelling expenses,
hotel costs, subsistence and any associated expenses. Such expenses shall be charged to you at the rates advertised by us or, if different, as agreed between us.
10.5 All amounts payable by you 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 us to you, you shall, on receipt of a valid VAT invoice from us, pay to us 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.
10.6 Without limiting any other right or remedy of ours, if you fail to make any payment due to us under the Contract by the due date for payment (Due Date), we shall have the right to charge interest on the overdue amount at the rate of 8% per cent per annum above the then current Bank of England’s base 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 compounding quarterly.
10.7 If you are a business customer, you must pay all amounts due under the Contract in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against we in order to justify withholding payment of any such amount in whole or in part. We may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
11 Intellectual property rights
11.1 All Intellectual Property Rights in or arising out of or in connection with the Services (including Intellectual Property Rights in any Deliverables) shall be owned
11.2 Subject to your payment of the Charges, we grant you a non exclusive, non sub-licensable licence to use the Deliverables to the extent necessary for you to receive the intended benefit of the Services.
A party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the
Receiving Party’s obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause 12 shall survive termination of the Contract.
13 Our right to vary these terms
We may revise these Terms from time to time and every time you order Services from us, the terms in force at that time will apply to the Contract between us. You are advised to check our current Terms before you purchase Services.
14 Cancellation rights of consumers
14.1 This clause 14 applies only if you are a consumer and you place an Order via our
14.2 You have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause
14.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to receive the Services you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
14.3 You have a period of 7 (seven) working days starting on the Commencement Date in which you may cancel (the Cancellation Period). Working days means that Saturdays, Sundays or public holidays are not included in this period. However, if you agree that we can begin performance of the Services before the end of the Cancellation Period, your right to cancel the contract ends when we commence performance of the Services.
14.4 To cancel a Contract, you must contact us in writing by sending an e-mail to email@example.com or by writing to us at our registered office address. You may wish to keep a copy of your cancellation notification for your own records.
14.5 If you cancel the Contract, you will receive a full refund of the price you paid for the Services. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 14.3.
14.6 As a consumer, you will always have legal rights in relation to Services that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 14 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
15 Other cancellation rights
15.1 Either of us may cancel the Contract at any time with immediate effect by giving the other written notice if the other breaks the contract in any material way and does not correct or fix the situation within 14 days of being asked in writing to do so.
15.2 We may cancel the Contract at any time with immediate effect by giving you written notice if:
15.2.1 you do not pay us when you are supposed to (and this will not affect our right to
15.2.2 being a business, you cease trading; or
15.2.3 you are subject to an Insolvency Event.
15.3 If we cancel the Contract, you must pay us all outstanding Charges immediately and return to us any Deliverables which have not been paid for in full.
16. Cancellation after Acceptance and Payment:
16.1 The Professional Consultants Certificate can be cancelled at any time prior to the issue of the Final Professional Consultants Certificate. Depending upon the stage of construction at the time of cancellation, a full Refund will be applied, less the costs of any Technical Audit Inspections and Fees incurred by Build Warranty. We also reserve the right to add an additional Cancellation Fee to cover administration costs, where incurred.
NB: If a monitoring Professional Consultant Certificate has been issued prior to cancellation, this will be rendered VOID and cannot be used for any purposes including obtaining borrowing.
17 Our liability to businesses
17.1 Nothing in these Terms limit or exclude our liability for:
17.1.1 death or personal injury caused by our negligence;
17.1.2 fraud or fraudulent misrepresentation;
17.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
17.1.4 defective products under the Consumer Protection Act 1987.
17.2 Subject to clause 16.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or
otherwise, arising under or in connection with the Contract for:
17.2.1 any loss of profits, sales, business, or revenue;
17.2.2 loss or corruption of data, information or software;
17.2.3 loss of business opportunity;
17.2.4 loss of anticipated savings;
17.2.5 loss of goodwill; or
17.2.6 any indirect or consequential loss.
17.3 Subject to clause 17.1 and clause 17.2, our liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the sum of £250,000 for each occurrence giving rise to our liability.
17.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation,
condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.
18 Our liability to consumers
18.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
18.2 We only supply the Services to you for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.3 We do not in any way exclude or limit our liability for:
18.3.1 death or personal injury caused by our negligence;
18.3.2 fraud or fraudulent misrepresentation;
18.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
18.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
18.3.5 defective products under the Consumer Protection Act 1987.
18.4 Subject to clause 17.3, our liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the sum of £250,000 for each occurrence giving rise to our liability.
19 Events outside our control
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
19.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
19.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
19.3.1 we will contact you as soon as reasonably possible to notify you;
19.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control and
19.3.3 if the Event Outside Our Control persists for more than 2 months, either of us may cancel the Contract by giving written notice to the other and, in those circumstances, we will refund the Charges paid by you.
20 Defects in your building or premises
20.1 If, during the period of 12 months from completion of the Services, you discover any defect or deficiency building or premises in respect of which we have provided Services then:
20.1.1 you should contact the builder or other contractor in relation to whose work the defect or deficiency relates and require it to remedy the position; and
20.2 we will not be liable to you in relation to any such defect or deficiency or any failure by us to identify it as part of the Services unless you first use all reasonable endeavours to obtain a satisfactory remedy from the builder or other contractor in relation to whose work the defect or deficiency relates.
21 Claim Handling
21.1 During the first year the builder is responsible for putting right any defects or damage caused by their failure to build to a suitable standard. Following this period, any claim for a defect arising from a result of negligence on the part of Build Warranty Technical Services Ltd, should be submitted to Build Warranty Technical Services Ltd by email to firstname.lastname@example.org or by calling Tel. 0203 9665409.
21.2 Excess – £1,000 for each and every claim.
21.2 Certain exclusions and limitations apply to Build Warranty Technical Services Ltd’s insurance liability, and other standard exclusions and limitations apply to the liability of both Build Warranty Technical Services Ltd and the Builder in connection with war and terrorism. Further exclusions following the construction inspection may be applied to the liability, which accompany the Certificates, when issued.
22 Communications between us
22.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
22.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail to
email@example.com. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 14 please see that clause 14 for how to tell us this.
22.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
22.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such
e-mail was sent to the specified e-mail address of the addressee.
23 Other important terms
23.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
23.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
23.3 If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.
23.4 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Services through our website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
23.5 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.
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