Commercial DW Terms and Conditions

Active 1 October 2017

1. About these terms

1.1 These terms and conditions (the Commercial DW Terms) apply to the provision of reports resulting from Commercial Drainage and Water enquiries (Commercial DW Reports).

1.2 Please read the Commercial DW Terms carefully. By ordering a Commercial DW Report you agree to the General Terms and the Commercial DW Terms (together, the Terms).

1.3 If you have ordered a Commercial DW Report on behalf of your Client, you are responsible for bringing the Commercial DW Terms to your Client's attention.

1.4 Unless otherwise specified, capitalised words have the same meanings as in the General Terms.

2. About Commercial Reports

2.1 We use reasonable skill and care in producing Commercial DW Reports, but please note that information in a Commercial DW Report can change on a regular basis. We cannot be responsible to you or to your Client for any change in information after the Commercial DW Report was produced.

2.2 The Commercial DW Report does not give details about the state or condition of the property. It should not be relied on to indicate suitability or saleability of the property.

2.3 The Commercial DW Report provides information as to the location and connection of existing services and other information in relation to drainage and water enquiries and should not be relied on for any other purpose.

2.4 The position and depth of apparatus shown on any Ordnance Survey maps attached to the Commercial DW Report (Maps) are approximate and are provided as a general guide only. The exact positions and depths should be obtained by excavating trial holes carried out by appropriately skilled and experienced engineers.

2.5 The Commercial DW Report may contain opinions or general advice which we cannot ensure is accurate, complete or valid and for which we accept no liability.

2.6 We will not be liable to you or your Client for any failure, defect or non-performance of our obligations arising from any failure of or defect in any machine, processing system or transmission link or anything beyond our reasonable control or the acts or omissions of any party for whom we are not responsible.

2.7 If you sell a Commercial DW Report to a Client (other than in the case of a bona fide legal adviser or authorised representative acting on behalf of a legal adviser recharging the cost of the Report as a disbursement), we will not be liable for any loss or damage whatsoever and you indemnify us in respect of any claim by the Client.

2.8 Where we provide a Report for a Commercial Property which receives either water or drainage services from us, and another company (“other service provider”) provides the other service, then our total liability, whether for breach of contract, tort, negligence, breach of statutory duty, misrepresentation or otherwise, arising under or in connection with the supply of the information from the other service provider is limited to such sums as we are entitled to and able to recover from the other service provider..

3. How you can use the Commercial DW Report

3.1 Commercial DW Reports should be used in relation to individual property transactions where the property is not a single residential, domestic property and for land to be developed for commercial gain.

3.2 Commercial DW Reports may only be used in relation to the property which the Search was carried out against. The Commercial DW Report you receive will be relevant to the Search that you submitted. The provisions of clauses 3.3 to 3.5 shall also apply.

3.3 "Basic Commercial DW Reports" may only be used for small properties or land occupying a site of less than 100m2.

3.4 "Standard Commercial DW Reports" may only be used where a property occupies a site of less than 1 hectare. Where the property has more than two connections, the report will be restricted to two connections.

3.5 "Commercial Extra DW Reports" may only be used where a property:

3.5.1 occupies a site of 1 hectare or more; and/or

3.5.2 has multiple connections.

Where the property has more than four connections, the report will be restricted to four connections.

4. Intellectual property rights

4.1 Commercial DW Reports are confidential and intended for your and your Client's own internal purposes or personal use. You and your Client must not use or copy any part of a Commercial DW Report for any other reason.

4.2 All intellectual property rights in Commercial DW Reports are owned by us and/or our licensors.

4.3 Maps are protected by Crown copyright and must not be used for any purpose other than as part of a Commercial DW Report.

4.4 The enquiries in Commercial DW Reports are protected by copyright by the Law Society of 113 Chancery Lane, London WC2A 1PL and must not be used for any purpose outside the context of the Commercial DW Report.

4.5 You may:

4.5.1 make copies of the Commercial DW Report (except any Maps) for your own internal purposes;

4.5.2 incorporate the Commercial DW Report (other than Maps) into any written advice you provide in the normal course of your business; and

4.5.3 disclose the Commercial DW Report in the normal course of your business to your Client and/or to anyone who is interested in the property to which the relevant Commercial DW Report relates, and their professional advisers.

4.6 You and/or your Client must not change any part of any Commercial DW Report, including altering, removing or obscuring any logos and/or branding in a Commercial DW Report.

5. Limitation of liability

5.1 Please note in particular the provisions regarding limitation of liability in the General Terms, which apply in addition to this clause.

5.2 Our entire liability in respect of all causes of action arising by reason of or in connection with a Commercial DW Report shall be limited to:

5.2.1 the sum of £500,000 in respect of Basic Commercial DW Reports;

5.2.2 the sum of £2 million in respect of Standard Commercial DW Reports; and

5.2.3 the sum of £5 million in respect of Commercial Extra DW Reports.