PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.
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TERMS AND CONDITIONS FOR THE SUPPLY OF LEGAL REPORTS
1. INTERPRETATION
1.1. In these Terms and Conditions, unless the context otherwise requires:
1.1.1. "We", "Our" and "Us" refer to DM Hall LLP;
1.1.2. "The Client", "You" and "Your" refer to the person, organisation or company to whom the Report is addressed;
1.1.3. "Terms and Conditions" means these terms and conditions for the supply of a Report;
1.1.4. "Report" means the specific report requested by the client and includes legal Reports and continuation legal Reports;
1.1.5. "Subject Address" means the address provided by the Client.
2. GENERAL
2.1. We and You shall be subject to these Terms and Conditions relative to Your instructions to provide a Report. All terms which You purport to incorporate are excluded.
2.2. Our contract with You for the provision of a Report is subject to Scots law. Any dispute in relation to this contract, or any aspect of the Report, shall be subject to the exclusive jurisdiction of the Scottish courts, and shall be determined by the application of Scots law, regardless of who initiates proceedings.
2.3. None of Our employees, partners, members or consultants individually has a contract with You or owes You a personal duty of care or personal responsibility. You agree that You will not bring any claim against any such individuals personally in connection with Our services.
2.4. If You or any third party relying on the Report suffer loss as a result of Our breach of contract or negligence, Our liability shall be limited to a just and equitable proportion of such loss having regard to the extent of responsibility of any other party. Our liability shall not increase by reason of a shortfall in recovery from any other party, whether that shortfall arises from an agreement between You and them, Your difficulty in enforcement, or any other cause.
2.5. Our liability to pay a just and equitable proportion of Your loss caused or contributed to by Our breach of contract or negligence shall be reduced by any payment or compensation paid by or owing from third parties to You.
2.6. Our aggregate liability arising out of, or in connection with provision of this Certificate, whether arising from negligence, breach of contract, or any other cause whatsoever shall in no event exceed £10,000,000. This clause shall not exclude or limit Our liability for actual fraud, and shall not limit Our liability for death or personal injury caused by Our negligence.
2.7. The Report is provided to You solely for the purposes of the instruction to which it relates. You may provide the Certificate to a third party only for the purposes of a directly corresponding transaction.
3. GENERAL TERMS AND CONDITIONS APPLICABLE TO SEARCHES
3.1. We will search public records appropriate to the instruction for a minimum of five years preceding the date of the Report. The public records searched may include:
Property registers held by the Keeper of the Registers of Scotland including:
3.1.1. The Land Register of Scotland; and
3.1.2. The General Register of Sasines;
Personal registers including:
3.1.3. The Register of Inhibitions and Adjudications;
3.1.4. The Register of Insolvencies.
3.2. We will disclose relevant matters in the Report insofar as they are applicable to the Subject Address and the names and addresses provided by the Client.
3.3. Where the report states that information has been obtained from other sources, We do not warrant the accuracy of, and accept no liability for, any such information which may be found to be incorrect or misleading.
4. TERMS AND CONDITIONS APPLICABLE TO SEARCHES OF THE PERSONAL REGISTERS
4.1. We will search the Register of Inhibitions and Adjudications and Register of Insolvencies using the precise names and addresses of parties, and any variations, as supplied by the Client for five years prior to the date of the Report.
4.2. Whilst search agencies are legally obliged to show exact name and address matches, there may be occasions when other entries are shown for Your consideration. The Keeper may require further clarification before registration.
4.3. The searching system may not disclose an entry against the same person with a variation in the name or address, such as a different spelling or abbreviation. We cannot guarantee that all relevant entries will be detected. The Client should specify all known variants of an individual's name and all known addresses.
4.4. Searches of the Register of Insolvencies will not disclose:
4.4.1. Bankruptcy petitions which are dismissed or which have not yet been granted;
4.4.2. Bankruptcies which have been recalled or discharged by the Trustee on a date more than two years before the date the Register of Insolvencies came into force;
4.4.3. Protected Trust Deeds discharged by the Trustee on a date more than 1 year before the date the Register of Insolvencies came into force.
5. TERMS AND CONDITIONS APPLICABLE TO THE SPECIFIC REPORT REQUESTED BY THE CLIENT
5.1. Where the Report requested by the Client is a legal report, the following terms and conditions shall apply:
5.1.1. Where the Subject Address is a registered property, We will search the Land Register to ascertain the current position on the Title Sheet and also the Application Record to confirm the position of any deeds in the process of being registered.
5.1.2. Where the Subject Address is an unregistered property, We will search the General Register of Sasines for 40 years prior to the date of the Report and the Computerised Presentment Book. We will report any outstanding securities or bonds and any advance notices recorded. We will report any discharges of securities or bonds which were recorded in the five years preceding the date of the report. We will report any relevant miscellaneous burdens within the period searched.
5.1.3. The results of the search are accurate to the date of the Report.
5.2. Where the Report requested by the Client is a continuation legal report, the following terms and conditions shall apply:
5.2.1. The continuation legal Report is an update of a legal Report.
5.2.2. Where the Subject Address is a registered property, We will search the Land Register and the Application Record to ascertain whether there have been any changes to the position as stated in the legal Report.
5.2.3. Where the Subject Address is an unregistered property, We will search the Land Register and the Application Record to ascertain whether there have been any changes to the position stated in the legal Report. We will search the General Register of Sasines, to ascertain whether there have been any subsequent deeds recorded from the date of the legal Report to the date of the continuation legal Report, and the Computerised Presentment Book.
5.2.4. The results of the search are accurate to the date of the continuation legal Report.
TERMS AND CONDITIONS FOR THE SUPPLY OF A PROPERTY ENQUIRY CERTIFICATE
INTERPRETATION
1. INTERPRETATION
1.1. In these Terms and Conditions, unless the context otherwise requires:
1.1.1. "We", "Our" and "Us" refer to DM Hall LLP;
1.1.2. "The Client", "You" and "Your" refer to the person, organisation, firm or company to whom the Certificate is addressed;
1.1.3. "Terms and Conditions" means these terms and conditions for the supply of a Certificate;
1.1.4. "Certificate" means the property enquiry certificate requested by the Client;
1.1.5. "Subject Address" means the address provided by the Client;
2. GENERAL
2.1. We and You shall be subject to these Terms and Conditions relative to Your instructions to provide a Certificate. All terms which You purport to incorporate are excluded.
2.2. Our contract with You for the provision of a Certificate is subject to Scots law. Any dispute in relation to this contract shall be subject to the exclusive jurisdiction of the Scottish courts, and shall be determined by the application of Scots law, regardless of who initiates proceedings.
2.3. None of Our employees, partners, members or consultants individually has a contract with You or owes you or any third party relying on the Certificate a personal duty of care or personal responsibility. You agree that You will not bring any claim against any such individuals personally in connection with Our services.
2.4. If You or any third party relying on the Certificate suffer loss as a result of Our breach of contract or negligence, Our liability shall be limited to a just and equitable proportion of such loss having regard to the extent of responsibility of any other party. Our liability shall not increase by reason of a shortfall in recovery from any other party, whether that shortfall arises from an agreement between You and them, Your difficulty in enforcement, or any other cause.
2.5. Our liability to pay a just and equitable proportion of Your loss caused or contributed to by Our breach of contract or negligence shall be reduced by any payment or compensation paid by or owing from third parties to You.
2.6. Our aggregate liability arising out of, or in connection with provision of this Certificate, whether arising from negligence, breach of contract, or any other cause whatsoever shall in no event exceed £10,000,000. This clause shall not exclude or limit Our liability for actual fraud, and shall not limit Our liability for death or personal injury caused by Our negligence.
2.7 The Certificate is provided to You solely for the purposes of the instruction to which it relates. You may provide the Certificate to a third party only for the purposes of a directly corresponding transaction.
3. GENERAL TERMS AND CONDITIONS APPLICABLE TO THE PROVISION OF CERTIFICATES
3.1. We will search public records appropriate to the instruction for a minimum of five years preceding the date of the Certificate.
3.2. We will report on applications, notices and orders issued relative to the Subject Address. The Report will provide information on the Subject Address obtained from:
3.2.1. The Local Plan;
3.2.2. Local Authority Planning records;
3.2.3. Historic Scotland;
3.2.4. List of Wetlands of International Importance (Ramsar sites);
3.2.5. National Scenic Areas;
3.2.6. Nature reserves and national nature reserves;
3.2.7. Building Standards Register;
3.2.8. Register of Contaminated Land;
3.2.9. List of Public Roads.
3.3. We will report on water and drainage information held by Scottish Water relative to the Subject Address.
3.4. We will disclose relevant matters in the Certificate insofar as they are applicable to the Subject Address provided by the Client.
3.5. Where the Certificate states that information has been obtained from other sources, We do not warrant the accuracy of, and accept no liability for, any such information which may be found to be incorrect or misleading.