CON29DW Commercial Searches Terms and Conditions

1 About these Terms

1.1 These terms and conditions (the CON29DW Commercial Terms) (together with our General Terms) apply to the provision of reports resulting from Commercial Drainage and Water enquiries (CON29DW Commercial Reports).

1.2 Please read the CON29DW Commercial Terms carefully. By ordering a CON29DW Commercial Report you agree to the General Terms and the Commercial Terms (together, the Terms).

1.3 If you have ordered a CON29DW Commercial Report on behalf of your Client, you are responsible for bringing the CON29DW Commercial Terms to your Client's attention.

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

2 About CON29DW Commercial Reports

2.1 We use reasonable skill and care in producing CON29DW Commercial Reports, but please note that information in a CON29DW Commercial Report can change on a regular basis. We cannot be responsible to you or to your Client for any change in information after the CON29DW Commercial Report was produced.

2.2 The CON29DW Commercial 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 CON29DW Commercial Report provides information as to the location and connection of existing services and other information in relation to drainage and water enquiries at the time of producing the CON29DW Commercial Report. We are not liable in any circumstances in connection with the CON29DW Commercial Report if it is used for any other purpose, or relied upon for determining saleability or value, or used as a substitute for any physical investigation or inspection. Further advice and information from appropriate experts and professionals should always be obtained if you and/or your client requires.

2.4 The position and depth of apparatus shown on any Ordnance Survey maps attached to the CON29DW Commercial 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 prior to any excavation or construction works.

2.5 We are not liable for any error, omission and/or inconsistencies in relation to the location and depth of apparatus shown on any Maps unless these have occurred as a direct result of our negligence and we should have been aware of them.

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 CON29DW Commercial Report to a person other than the 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 In providing you with the CON29DW Report, we will comply with the Drainage and Water Searches Network (DWSN) standards.

2.9 Where we provide a CON29DW Report for a Commercial Property which receives either water or drainage services from Wessex Water Services Limited , 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 CON29DW Commercial Report

3.1 The CON29DW Commercial Report should be used for commercial property transactions where the property is not residential and/or domestic, and for the land to be developed for commercial gain.

3.2 CON29DW Commercial Reports may only be used in relation to the property which the Search was carried out against. The CON29DW Commercial Report you receive will be relevant to the Search that you submitted. Where the property has more than four connections, the report will be restricted to four connections.

4 Intellectual property rights

4.1 CON29DW Commercial 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 CON29DW Commercial Report for any other reason.

4.2 All intellectual property rights in CON29DW Commercial Reports are owned by us and/or our licensors.

4.3 Maps supplied by Ordnance Survey are protected by Crown copyright and must not be used for any purpose other than as part of a CON29DW Commercial Report.

4.4 The enquiries reproduced by Wessex Searches in CON29DW Commercial Reports and the CON29DW Commercial Search logo 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 CON29DW Commercial Report.

4.5 You may:

4.5.1 make copies of the CON29DW Commercial Report (except any Maps) for your own internal purposes.

4.5.2 incorporate the CON29DW Commercial Report (other than Maps) into any written advice you provide in the normal course of your business; and

4.5.3 disclose the CON29DW Commercial 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 CON29DW Commercial Report relates, and their professional advisers.

4.5.4 You and/or your Client must not change any part of any CON29DW Commercial Report, including altering, removing or obscuring any logos and/or branding in a CON29DW Commercial 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 CON29DW Commercial Report shall be limited to £10,000,000 (ten million pounds) per claim or for all claims arising from the same original cause or event.

6 Disclaimer with regard to Maps

6.1 Maps may include a disclaimer which purports to limit liability in relation to the position and depth of any apparatus. For the purposes of the CON29DW Report, such disclaimer is subject to the CON29DW Terms, and the limitation of liability set out in these terms.

7 Complaints

7.1 Please see our General Terms for details of our complaint’s procedure and your remedy in the event that your complaint has not been resolved to your satisfaction.

7.2 If you are still not satisfied with our response or action, you can refer your complaint to The Property Ombudsman. You can obtain further information by visiting https://www.wessexsearches.co.uk/legal/complaints/. The Ombudsman can be contacted by email or post:

admin@tpos.co.uk

The Property Ombudsman

Milford House

43-55 Milford Street

Salisbury

Wiltshire

SP1 2BP

The Ombudsman can award compensation of up to £25,000 to you if he finds that you have suffered actual loss as a result of your search provider failing to keep to the Code.

In addition to TPO’s redress scheme covering consumers, TPO will also provide redress to small businesses (including Charities and Trusts) and organisations, providing the customer meets the following criteria:

- a small business (or group of companies) with an annual turnover of less than £3 million;

- a charity with an annual income of less than £3 million;

- a Trust with a net asset value of less than £3 million.

September 2024