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1.
Definitions
1.1the 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.

 
     
 
       
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