1. Definitions
1.1 “the company” means Alexanders International,
whose principle place of business is at Alexanders, 342 Shirley
road, Shirley, Southampton, Hampshire. SO15 3HJ.
1.2 “The group” means the Company’s holding
company (if any), and any subsidiary or associated company
of the company from time to time.
1.3 “The client” means the person, firm or company
to whom this contract is addressed.
1.4 “The service” means the services provided
by the Company to the client pursuant to this contract.
2. Formation of the contract
2.1 These conditions shall form the basis of the contract
between the Company and the Client. These conditions shall
apply except so far as expressly agreed in writing by a person
authorised to sign on behalf of the Company. No servant or
agent of the Company has power to vary these conditions orally.
2.2 The acceptance by the client of the services shall constitute
acceptance by the client of these conditions.
2.3 The construction, validity and performance of these conditions
and this contract shall be governed by English Law.
2.4 These general conditions shall be subject to such special
conditions as may be prescribed in writing by the company,
as supplied to the client at or prior to the date of this
contract.
2.5 In the event of any conflict, or apparent conflict, between
the special conditions and these general conditions, the
special conditions shall prevail.
2.6 Certain of the services will be provided subject to the
standard trading terms of a third party supplier (“the
supplier”). Such terms will inevitably include clauses
limiting or excluding the Suppliers liability to the client.
This contract shall be deemed to include and be subject to
such terms, which are available upon request.
3. Inspection Visits
3.1 In certain circumstances, travel arrangements may be
delayed or cancelled for reasons beyond the Company’s
control. In such circumstances, the company will inform the
client of the situation and, if required, will use its reasonable
endeavours to make alternative arrangements on the clients
behalf, but the company shall not be liable to the client
in any way as a result of any losses suffered or expenses
incurred by the client in this regard. The client may have
recourse to the relevant carrier, subject to its conditions
of carriage and to any limitations of liability imposed by
any relevant International Convention.
3.2 In any of the events set out below, the clients will
be obliged to pay to the company all related third party
costs which the company is liable, likely to be the full
cost of the flights, accommodation and pre-arranged meals
net of the contribution to such services already paid by
the client. The company will do its best to minimise such
costs, The events comprise:-
3.2.1 the intimation by the client, either verbally or in
writing, of a desire to cancel the flight booking;
3.2.2 the company forming the view, acting reasonably, that
the client does not have a legitimate intention to attend
the scheduled inspection visits and presentations organised
by the company;
3.2.3 flight cancellation by the client:
3.2.4 the clients failure to catch the relevant flight for
any reason: or
3.2.5 the clients failure to attend all of the scheduled
inspection visits and presentations organised by the company
on behalf of the client.
3.3 The client shall not in any circumstances alter flights
or the inspection visit directly with the relevant airline.
Any necessary alterations must be made through the company.
Any attempt to make alterations other than through the Company
will render the client responsible for the whole of the cost
of the flights, including administrative charges.
3.4 The company does not accept responsibility for visa or
passport requirements, health formalities or other travel
related matters.
3.5 Where the company arranges insurances on the clients
behalf, the company cannot be held responsible for any shortfall
or lack of cover, provided that the company actually effects
such insurances.
4. Purchase and After-sales Services
4.1 The introduction of the clients to the seller of the
property selected by the client constitutes a pure introduction
service. As is clearly explained in the Company’s literature,
the contract for the erection and sale of the property is
a contract between the seller and the client. Whilst the
company uses its reasonable endeavours to ensure the quality
and integrity of sellers whom it introduces to the client,
the company cannot accept any liability for any losses suffered
by the client resulting from breaches by the seller of its
obligations to the client.
5. Villa Management and Rental Services
5.1 Villa management and rental services are not provided
by any member of Alexanders. The company can effect introductions
to local third party companies who provide such services,
on a non-recourse basis.
6. Payment of invoices
6.1 The client must raise any queries on any invoice within
7 days after the date of the relevant invoice. Invoices are
due for payment following the date of invoice.
6.2 The company reserves the right to charge interest at
4% per annum above the base rate from time to time in force
of Nat West Bank PlC, on all overdue accounts.
6.3 The client shall not be entitled to withhold payment
of any amount payable under this contract by reason of any
dispute or claim by the client.
6.4 All legal costs and expenses reasonably incurred by the
Company in seeking to collect overdue invoices for the client
or otherwise to enforce its rights under this contract will
be recoverable from the client on an indemnity basis.
7. Delivery of the Services and Defective Services
7.1 The company will use all reasonable endeavours to provide
the services in a prompt and efficient manner, but due to
the diverse nature of the services and the fact that, in
many cases, the company is dependent on third parties for
the carrying out of certain tasks, the timing of the provision
of the services in not guaranteed. No liability will be accepted
for any loss suffered or caused through late delivery or
non delivery of the services and time of delivery of the
services shall not be of the essence.
7.2 Where the company has provided its services as an agent
of a third party, any recourse that the client will have
will be solely against such third party. Where the company
is liable for non-performance or improper performance by
the third party, the company’s liability is limited
to the amount that the client can validly recover against
the third party, under the trading terms of the third party.
7.3 In most instances, the services effectively constitute
an introduction service, for example the introduction of
a tradesman or lender etc... Whilst the company uses its
reasonable endeavours to ensure the quality and integrity
of persons whom it introduces to the client, the company
cannot accept any liability for any losses suffered by the
client resulting directly or indirectly from work or services
provided (or not provided) to the client by any such third
party.
7.4 The company will not be liable for any failure to supply
the services resulting directly or indirectly from the clients
failure to provide the company with correct or complete instructions
or the clients fault.
7.5 The company shall not be liable for any consequential
or indirect loss suffered by the client or any third party
in relation to this contract and the clients shall indemnify
the company in respect of any person in respect of such consequential
or indirect loss.
8. Force Majeure
8.1 In certain circumstances, the provision of the services
may be delayed or cancelled for reasons beyond the Company’s
control, including but not limited to strikes, FIRE or accidents.
In such circumstances, the company shall use its reasonable
endeavours to make alternative arrangements on behalf of
the client, but it shall not be liable to the client in any
way as a result of any losses suffered by the client in this
regard. The client may have recourse to a third party, subject
to its trading terms.
9. Data Protection
9.1 The company, other members of the group and the agents
of such persons may use your personal information (“the
information”) to inform you about products and services
which may be of interest to you.
9.2 If the company, or other members of the group, transfer
the information to any member of the group or any agent located
outside of the European Economic Area for the purpose of
facilitating business, the Company will use its reasonable
endeavours to ensure the information is kept confidential.
9.3 The client can tell the company in writing not to transfer
the information as set out above. Further details about the
uses to which the information will be put are available upon
written request.