1. Definitions
1.1 The Service Provider is BLS, also trading as BLS Law Agency Services.
1.2 The Applicant is the Individual, Organisation, or Appointed Officer of said Organisation placing a Request with the Service Provider.
1.3 The Third Party Provider is any Organisation from which the Service Provider obtains data and/or information on behalf of the Applicant in the normal course of fulfilling the Applicant’s Request.
1.4 The Request is a formal request lodged by the Applicant with the Service Provider to retrieve specific data and/or information.
2. The placing of a Request by the Applicant with BLS confirms acceptance of these terms and conditions.
3. Any Order Form produced by BLS either printed or published on the website, is an invitation to treat. The Applicant makes an offer to buy from BLS by the submission of a Request, subject to Clause 7.
4. BLS reserves the right to refuse any Request.
5. BLS reserves the right to cancel any Request at any time.
6. The Applicant is not required to use an BLS Order Form when submitting a Request. BLS cannot be held responsible for errors or omissions arising from Requests submitted in a format other than an Order Form, including, but not limited to: illegible text; vague or imprecise instructions; incomplete or incorrect information.
7. Acceptable modes of transmission for a Request are facsimile, telephone, electronic mail, online transmission BLS website only, Document Exchange (DX), Royal Mail, or courier appointed by the Applicant.
8. Proof of transmission of a Request by the Applicant does not constitute proof of receipt by BLS.
9. Should the Applicant submit a duplicate Request, in whole or in part, even for an intentional purpose including but not limited to confirmation or pre-payment, then BLS is not liable for any resultant Fees, Taxes and Disbursements if the Applicant has not clearly indicated that the Request is a duplication. The Applicant remains liable for such Fees, Taxes and Disbursements unless and until BLS expressly agrees in writing that they be waived.
10. It is the responsibility of the Applicant to ensure the accuracy of all data and/or information provided to BLS as part of the Request, including, but not limited to, names, numbers, addresses, location plans, and boundary plans.
11. BLS may request additional relevant data and/or information from the Applicant in the course of fulfilling a Request, including, but not limited to, names, numbers, addresses, location plans, and boundary plans.
12. BLS may request clarification of data and/or information supplied by the Applicant.
13. If, subsequent to Clause 11 and/or Clause 12, requested data and/or information is not provided and/or clarified, BLS cannot be held responsible for any resultant loss or delay.
14. If, subsequent to Clause 11 and/or Clause 12, requested data and/or information is not provided and/or clarified within a reasonable period, BLS reserves the right to cancel the Request in whole or in part. The Applicant remains liable for all Fees, Taxes and Disbursements accrued prior to the Cancellation.
15. BLS will, in the process of fulfilling the Request, retrieve data and/or information from appropriate Third Parties.
16. BLS reserves the right to subcontract data and/or information retrieval to selected Organisations and/or Individuals.
17. BLS is not required to reveal the identity of its Subcontractors.
18. The local authority will be liable for any neglect or incorrect entry in the records searched.
19. BLS will be liable for any negligent or incorrect interpretation of the records searched, or recording of that interpretation in the report.
20. The Request is fulfilled when all data and/or information requested by the Applicant has been retrieved by BLS and delivered to the applicant by the method referred to in Clause 23.
21. The Applicant may add to the Request at any time, subject to Clause 20.
22. Data and/or information requested by the Applicant subsequent to the instance of Clause
20 constitutes a new Request.
23. The Applicant will receive the retrieved data and/or information by Document Exchange (DX), Royal Mail, or courier appointed by BLS (Normal Delivery). Additional Delivery by Facsimile or Electronic Mail may be requested. Alternative Delivery arrangements are at the discretion of BLS.
24. BLS is not responsible for any loss or misdelivery of retrieved data and/or information caused by failure of Document Exchange (DX) or Royal Mail. Most retrieved data and/or information is archived by BLS and a copy may be requested by the Applicant. If BLS is unable to archive certain data and/or information; on such occasions, BLS reserves the right to treat the request as a new Request.
25. Normal Delivery (or Alternative Delivery at the discretion of BLS is accompanied by an Itemised Invoice for the work undertaken. The Applicant agrees to provide BLS with remuneration for the full amount shown on the Itemised Invoice, including all Fees, Taxes and Disbursements.
26. Where possible, the Applicant will receive Advance Notice of the cost of the Request prior to receipt of the Itemised Invoice.
27. Additional Fees, Taxes and Disbursements may arise during the course of data and/or information retrieval, over and above Advance Notice costs as in Clause 26. The Applicant is liable for any such additional costs. Where possible, the Applicant is notified of additional costs prior to fulfillment of the Request.
28. The Applicant shall pay in advance of receipt of the Itemised Invoice. The Applicant remains liable for any underpayment.
29. Any overpayment on the part of the Applicant will be refunded. Arrangements for refunds are agreed on a case-by-case basis, through discussion between and the Applicant.
30. The Applicant may cancel the Request in whole or in part at any time prior to Clause 20.
31. If the Applicant cancels the Request in whole or in part prior to Clause 20, the Applicant remains liable for all Fees, Taxes and Disbursements already accrued prior to the Cancellation.
32. Publication of Fees, Taxes and Disbursements on the website constitutes Advance Notice for the purposes of Clause 26.
33. Third Party and Subcontractor Terms and Conditions shall apply in addition to these clauses. Should any conflict arise between BLS Terms and Conditions and Third Party and/or Subcontractor Terms and Conditions, then BLS Terms and Conditions prevail unless and until BLS expressly states otherwise in writing and/or courts of England and Wales establish otherwise.
34. No variation by the Applicant to these Terms and Conditions is effective unless and until BLS expressly agrees in writing.
35. BLS reserves the right to alter these Terms and Conditions as appropriate, without notice, at any time. Such amended Terms and Conditions will become effective upon publication on the BLS website.
These Terms and Conditions are subject to English Law and the exclusive jurisdiction of the courts of England and Wales.
36. All searches carried out by BLS are covered by £2,000,000 professional indemnity insurance provided by HISCOX.
37. This search report may be copied for the purposes of complying with the HIP(No.2) Regulations 2007 and the Housing Act 2004.
38. The terms of this contract may be enforced by the seller, a potential or actual buyer of the property interest, or a mortgage lender.
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