Terms and Condition
For the purposes of these terms and conditions any references to ‘the company’ means Omega Searches Ltd and any third party organisations, associates, partners or employees used during the course of legitimate Omega Searches Ltd business. Any reference to the ‘client’ means the vendor, the purchaser or the purchaser’s lender. Please note, where the vendor or the purchaser have instructed a third party to act as their agents (such as an Estate Agent, Solicitor or Mortgage Lender), these parties will be treated as representatives rather than ‘clients’.
- Omega Searches Ltd provides Conveyancing Searches and other Conveyancing related products. We are neither Process Servers nor Enquiry Agents.
- Omega Searches Ltd services are restricted to UK based properties only.
- Unless otherwise agreed, all instructions must be in writing and include full postal address, location plan and the appropriate fee.
- Should no location plan be provided, Omega Searches Ltd will still fulfill the requested service but will not accept responsibility for any errors or omissions in the results.
- The information contained in a Search Report has been obtained by a personal inspection of public records and other legitimate sources available in the public domain.
- Omega Searches Ltd undertakes to ensure that information will only be obtained by fully trained staff, or associates experienced in carrying out Local Authority Searches. The search report has been prepared with reasonable skill and care.
- Omega Searches Ltd accepts no responsibility for revealing incomplete or inaccurate information where this is the result of incomplete or inaccurate source material.
- Unless otherwise requested only Planning Register entries dated 1 January 1950 or later will be included in the Search Report.
- All personal searches carried out by Omega Searches Ltd are covered by our Professional Indemnity insurance for up to £2m per search against ‘errors and omissions’.
- In the event that the client suffers loss as a result of the negligence or otherwise, the liability of Omega Searches Ltd will be limited to an amount not exceeding £2 million in respect of any individual claim.
- The local authority will be liable for any negligent or incorrect entry in the records searched. Omega Searches Ltd will be liable for any negligent or incorrect interpretation of the records searched, or recording of that interpretation in the report.
- The name of the insurer who provides run-off cover is Simply Business Ltd.
- Where additional information is required and forms an essential part of a search request, it is the obligation of the client to inform Omega Searches Ltd at the outset. E.g. Optional Enquiries.
- Where it is only available at an additional cost/time element Omega Searches Ltd undertakes to inform the client of any additional fees that may be chargeable for obtaining such information.
- In the event of the client requesting ‘copy documents’, a fee will be charged based on the cost/time elements of obtaining said documents and any local authority disbursement. Omega Searches Ltd undertakes to inform the client of such fees at the time of the request.
- Omega Searches Ltd aims to complete all searches within five working days. However, where this is not possible due to external factors e.g. local authority appointment systems, we will provide an estimated completion date.
- Where Omega Searches Ltd is aware in advance that there may be a delay in completing the instruction, Omega Searches Ltd undertakes, wherever possible, to inform the client at the outset. In all other circumstances, Omega Searches Ltd to inform the client within twenty-four hours of becoming aware of any such delay.
- Where the delay is due to external factors Omega Searches Ltd does not accept liability for any loss, financial or otherwise, incurred by the client, as a result of said delay.
- Results will be typed and submitted in Omega Searches Ltd Report format, (this format is fully compliant with the requirements of the Property Codes Compliance Board,(sample reports are available on request). In the case of inter agent searches this will be a Short form report which provides information only.
- The client must notify any defect or inaccuracy in the report provided by Omega Searches Ltd , in writing, within seven days of the error being discovered. In the event that such notice is not given, the client shall be deemed to have been satisfied with the performance of Omega Searches Ltd.
- Omega Searches Ltd endeavours to comply with the Search Code.
- Each search is deemed to be an individual contract governed by English Law.
Your Privacy and Security
Your personal details are held on a secure database and these details are used solely for the provision of the Services. We will not pass confidential customer information to other organisations unless you (or your agent) specifically authorise us to do so during the ordering process.
Your Order will be retained by us in an electronic format and is available for inspection upon reasonable notice for a period of 6 years from the date of Confirmation of Order.
- Unless expressly indicated otherwise, the Charges will include VAT at the applicable rate.
- Unless indicated otherwise the Charges also include all delivery and communication costs.
- You shall be liable for payment for the Services at the rates notified to you prior to the Order, unless otherwise advised before the Confirmation of Order, or before the commencement of performance of the Services.
- All other invoices shall be paid within 30 days, except in specific cases where other Terms have been agreed in writing.
- We reserve the right to charge interest on outstanding sums at 1.75% monthly and to recover costs associated with the same.
If you cancel your order after confirmation of acceptance of the order has been provide, the cancellation must be in writing, any refund of monies already paid will be at our discretion and you will be liable to pay any charges that have been incurred up to the date the order is cancelled.
Where appropriate these Terms and Conditions constitute notice pursuant to the Consumer Protection (Distance Selling) Regulations 2000 as amended and the Electronic Commerce (EC Directive) Regulations 2002. In particular the 7 day cooling off period and right to cancel without charge available to individual (non business) consumers under the Consumer Protection (Distance Selling) Regulations 2000 will not apply as you agree that work will begin on your order before the end of the 7 day cooling off period.
Independent Dispute Resolutions
If you make a complaint and we are unable to resolve it to your satisfaction you may refer the complaint The Property Ombudsman Scheme:
(Website : www.tpos.co.uk, Email:firstname.lastname@example.org). We will co-operate fully with the ombudsman’s final decision.