TERMS & CONDITIONS
Terms & Conditions
You can download our terms & conditions – or read them on this page.
(Updated 18th Nov 2020)
1.1. These terms and conditions apply to all dealings in respect of the Services between Cornwall Consultants Limited (registered no. 4578850) whose registered office is at Unit 3, East Pool, Tolvaddon Business Park, Pool, Redruth TR14 0HX, trading as “CORNWALL CONSULTANTS LIMITED” (“the Company”) and any Client who uses this website or submits one or more Mining Search instructions in accordance with these terms and conditions (“the Client”).
1.2. By signing and returning these terms and conditions, or electronically accepting them by submitting one or more Product instruction via completion of the online Product Order Form, or by using the interactive online MineScanner tool on the Company Website, the Client agrees to be bound by the terms and conditions contained herein as well as those of Cornwall Consultants Limited’s subcontractors, where relevant, in relation to the Services and Product/s provided. Following acceptance, but subject to Clause 1.3, the Company will initiate the process of delivering the Mining Search report (“the Product ”) to the Client, which process normally takes but is not limited to approximately eight (8) days from the date of the Company’s receipt of:
1.2.1. signed terms and conditions or the Client’s electronic acceptance of them (as defined in Clause 1.2); and
1.2.2. payment or an undertaking to pay the fee on a pre-approved account, by entering payment details in the online form or by postal payment (cheque).
1.3. The Company reserves the right to decline the provision of Services to any Client and will endeavour to notify the Client of such decision in writing or electronically within eight (8) days of the Company’s receipt of:
1.3.1. the signed terms and conditions or of the Client’s electronic acceptance of them (as defined in Clause 1.2);
1.3.2. payment or where applicable undertaking to pay the fee on pre-approved account, or alternative payment methods outlined in Clause 1.2.2, following which neither party shall be under any further obligation to the other.
1.4. The Company reserves the right to amend these terms and conditions from time to time by posting the amended version of the terms and conditions on the Website. The amended version shall have effect:
1.4.1. 30 days from the time of posting; or
1.4.2. from such later time stipulated on the Website
1.4.3. in respect of Product instruction submitted by the Client on or after a specific date such date.
2.1. In these terms and conditions, the following definitions shall apply:
2.1.1. “Agreement” means the agreement incorporating these terms and conditions between the Company and the Client for the use of the website and the provision of the Product and Services, as defined in Clause 1.2
2.1.2. “Client” means the individual, organisation or entity completing the Product Instruction and using the Services, or as otherwise bound by the acceptance of these terms and conditions as outlined in Clause 1.2,
2.1.3. “Services” means: the provision of assistance to the Client in identifying applicable property and/or identifying and processing searches and assessments in relation to particular property; and/or Where applicable delivering Product instructions received to selected Subcontractors and (except where the Subcontractor decides to return the Mining Search or other product report directly to the Client or its nominee) the process of returning the Mining Search or other product report to the Client.
2.1.4. “Sub-Contractor” means a third party engaged by Cornwall Consultants Limited pursuant to Clause 8.2 to carry out, compile or contribute to any Service or production of a Product on behalf of Cornwall Consultants Limited (including without limitation any provider of personal local authority searches).
2.1.5. “Product” means any information, data or other materials provided by the Company or the Subcontractor in response to an instruction from the Client. This includes a Mining Search report and other technical reports, documents or data provided by the Company.
2.1.6. “Company” is defined in Clause 1.1.
2.1.7. “Charges” means the charges for the Services; Products and any subcontractor’s charges which will appear on the Client’s screen prior to the submission of a Product instruction via completion of the online Mining Search (or other Product) Order Form.
2.1.8. “Mining Search (or Product) Instruction” means the process of completing the online Mining Search (or other product) Order Form by the Client, to instigate Services and in order to receive the Product in respect of specified property and/or persons.
2.1.9. “Mining Search (or Product) Order Form” means the online form to be completed by the Client with information on contact details, property addresses and additional search requirements including the Property Boundary Plan and the submission of payment or pre-approved account details which, together with all supporting information required, constitutes the Mining Search (or product) Instruction.
2.1.10. “Property Boundary Plan” means the plan supplied by the Client for the purposes of identifying the extent of the property to be covered by the Service or Product.
2.1.11. “Subcontractor (supplier)” means a third party source of information, data or other materials included in Mining Search or other product report.
2.1.12. “End User” has the meaning set forth in Clause 3.3.2.
2.1.13. “Cornwall Consultants Limited Price List” or “Price List” means the list of the Charges from time to time applicable to the Services (current versions of the Cornwall Consultants Limited Price List are available upon request and published in paper and electronic format).
2.1.14. “Map Data” means any Ordnance Survey map data provided under licence as part of the Services and used within the Mining Search or other product Instruction.
2.1.15. “Payment Agent” means Cornwall Consultants Limited of Parc Vean House, Coach Lane, Redruth, Cornwall TR15 2TT.
2.1.16. “Cornwall Consultants Limited Materials” or “Materials” means the Cornwall Consultants Limited materials and software (in whatever form and on whatever media), and accompanying documentation, including the Mining Search or product Instruction and use of MineScanner tool. This includes any licences for the provision of data by subcontractors, passwords, and all other tangible and intangible materials supplied by the Company to the Client for provision of the Services and Product.
2.1.17. “MineScanner” refers to the interactive online tool on the Company website. It allows the Client to enter a property postcode and derive a yes/no answer as to whether a Mining Search is required. See clause 4.
2.1.18. “Website” means any of the websites of the Company from which the Client can make Mining Search and other product instructions; the current addresses of this site is http://www.cornwallconsultants.co.uk.
3. Rights Granted, Services and Products Provided
3.1. The display of products; services or materials for sale on this website is taken by all parties as an Invitation to Treat with regards to any contract made subsequently.
3.2. In submitting an order for any product; service or material on this website via the forms provided the client is making an Offer as part of any contract made.
3.3. Acceptance of this offer and formation of the contract is only confirmed following a period of one working day [a continuous twenty four hour period between Monday 0800 and Friday 1700; excluding weekends and bank holidays] after the receipt of the email instruction or enquiry from the client. The Company reserves the right to contact the client to decline the Offer within this 24 hour period.
3.4. Any automated response to the client following the submission of an instruction for a Product or Service is treated by all parties as a receipt of this instruction and/or payment only and is not defined as Acceptance of the Offer.
3.5. In consideration of the mutual rights and obligations of the parties the Company shall:
3.5.1. license to the Client the right to install and use the Cornwall Consultants Limited Materials (where relevant) and Product/s for the purposes of obtaining the Services and said Product/s for its internal purposes or its business of providing legal services; and
3.5.2. provide Services and Products/s to the Client
3.6. In consideration of the mutual rights and obligations of the parties the Client shall be permitted to, subject to Clause 3.4 below:
3.6.1. store electronic or hard copies of the original (un-edited) Products/s (other MineScanner database) for their own internal purposes; incorporate the original (un-edited) Mining Search or product report (other than MineScanner data) into written advice prepared by the Client in the normal course of its business; and
3.6.2. disclose the Product/s in the normal course of the Client’s business to the End-User.
3.7. The End User may be:
3.7.1. the Client’s End-User, for whom the Product instruction was made; or
3.7.2. a person (or persons) who is/are acquiring (or is/are considering acquiring) an interest in or charge over the property to which the Product/s relate; or
3.7.3. any person who acts in a professional or advisory capacity for any person in Clause 3.3.2.
3.8. The Client may only provide the Mining Search Report or other Product to an End-User for a directly corresponding Mining Search (or Product) instruction. The Client shall not store the Mining Search Report, or other Product, (or extracts or elements thereof) in any database (other than as required for tracking and auditing service performance or for legal or regulatory compliance purposes) or make ongoing/multiple uses of the Mining Search Report, or other Product, to populate other unrelated Product instructions or otherwise. The Client must not re-use or edit the Product nor draw inferences from it for other properties. A breach of this provision shall be deemed irremediable and the Company will have the right to immediately terminate this Agreement pursuant to Clause 9.3 in the event of any such breach.
4.1. MineScanner is an interactive online tool on the Company website. It allows the Client to enter a property postcode and derive a ‘yes’ or ‘no’ answer as to whether a Mining Search is required for a property that lies within our area of coverage.
4.2. MineScanner is based on the central location of recorded mines and has been compiled on a 2,000 metre buffer zone surrounding recorded mines. MineScanner converts this information into a postcode reference system provided by Land Registry and Ordnance Survey.
4.3. MineScanner does not aim to provide any assessment of risk relating to individual properties. Any properties that are indicated to lie within a `yes’ zone may be at risk from historic mining and a Mining Search report is required to discount or clarify any risks. Any properties that lie outside a ‘yes’ area, but within our area of coverage, do not require a Mining Search report in our opinion.
4.4. MineScanner runs an automated search through our bespoke geographical catalogue of all recorded historic mine workings in Cornwall, Devon, Somerset and west Wiltshire. The dataset has been derived from a variety of records held both privately and in the public domain. These include abandoned mine plans, manuscript maps, literature and miscellaneous plans. This information has been interpreted and assimilated by our experts to provide a comprehensive reference system.
4.5. MineScanner has been compiled by Cornwall Consultants Limited to assist with the identification of properties that are located within or close to areas of recorded mining activity. This information is offered as a support service and is for guidance only.
4.6. By using the MineScanner tool the client agrees to be bound by the following conditions. The Company does not accept liability for any loss incurred by any party resulting from the misuse of the MineScanner tool or reliance on advice given that is based on factors lying outside the scope of the following limitations:
4.6.1. MineScanner advises on metalliferous and Bath Stone/Fuller’s Earth mining only and cannot be relied upon for advice on the extraction of coal; china clay; ball clay; brine or similar which lie outside the expertise of the Company.
4.6.2. MineScanner includes only postcodes within Cornwall; Devon; Somerset and West Wiltshire and cannot be relied upon to provide advice outside these areas.
4.6.3. MineScanner refers only to postcodes extant at the point of its original creation (July 2014) or any subsequent update. Whilst we will endeavour to maintain an up-to-date postcode dataset the Company accepts no liability for incorrect advice resulting from the entry of a newly appointed postcode that succeeds the latest update.
4.6.4. MineScanner has been produced using a postcode dataset provided by a third party. The Company accepts no liability for any inaccuracies in this third party dataset.
4.6.5. The client accepts that the MineScanner tool is for guidance only and it does not constitute a full Mining Search report. It is the responsibility of the user to ensure whether or not a Mining Search is necessary. If in doubt a full Mining Search report should be obtained.
4.6.6. The MineScanner tool is free to use on Cornwall Consultants Limited website. The data remains the property of the Company and cannot be further distributed; exchanged copied or manipulated by any third party without the prior consent of the Company.
5. Contaminated Land Assessment Products
5.1. The order price displayed on the product order page and final total within the shopping cart is for a Phase I Desk Study only. This service includes the following items: preliminary review of geological; documentary mining records; historical OS maps; environmental report; site inspection and evaluation report by Cornwall Consultants Limited. The environmental report examines the sources of potential contamination in terms of historical land use, environmental data and current land use.
5.2. A Phase I Desk Study is a preliminary approach that does not include sample collection and analysis but gives an appraisal of contamination at the site based on documentary evidence combined with a detailed visual assessment. If contamination is suspected, from documentary evidence or observed on site, then collection and analysis of samples may be recommended by Cornwall Consultants Limited, this would form part of a Phase II – Intrusive Investigation and include a suitable remediation strategy if appropriate. Cornwall Council also reserve the right to insist on a Phase II – Intrusive Investigation (i.e. sample collection and analysis) on receipt of the Phase I Desk Study at their discretion. The cost of additional work defined as Phase II; Phase III and Phase IV is not included within the online quoted fee.
5.3. It may be necessary for Cornwall Consultants Limited to contact third parties for information regarding contamination issues potentially affecting the site. Third parties may include the local Environmental Protection Officer, Environment Agency and /or the Petroleum Officer. The client agrees to the disclosure of information regarding the site with these third parties in the interests of providing the most accurate contamination assessment possible and in accordance with the standard guidelines for this work. Cornwall Consultants Limited will not disclose any confidential personal client information to any third party.
5.4. In the event that the client cancels the Phase I – Desk Study after the order has been received by Cornwall Consultants Ltd, costs incurred to date (for example Environmental report & site visit) will be payable by the client along with a 25% cancellation fee. Phase I Desk Studies can normally be undertaken within 2 weeks of instruction. The client agrees to waive their right to cancel within 14 days of the order if the work is completed and report issued within this period irrespective of whether a payment has been received by Cornwall Consultants Limited.
5.5. We require a proposed development plan clearly showing the site boundaries, proposed dwelling(s) and proposed hard standing pathways, garden(s) and soft landscaped areas. This can be provided at the order stage or separately afterward in a range of formats and scales. Cornwall Consultants Limited accepts no liability for loss or delays incurred due to inaccuracies on the plan supplied.
5.6. The Phase I Desk Study report will be issued in electronic format. If a hard copy is required please advise us on the order form notes section. Any copies required after the report has been issued will be charged at a standard fee of £30.00 plus VAT.
6.1. The Charges will be those included in the Cornwall Consultants Limited Price List applicable on the date of the relevant Mining Search or product instruction and will appear on the Client’s screen prior to a product instruction being made.
6.2. Unless otherwise indicated, all Charges included in the Cornwall Consultants Limited Price List are inclusive of Value Added Tax at the current UK rate for which the Client shall be liable.
6.3. The Company may revise the Cornwall Consultants Limited Price List from time to time. A copy of the Cornwall Consultants Limited Price List is available on request. Any alterations shall not have effect retrospectively.
6.4. The Client will be charged for the provision of the Product(s) when the relevant key to confirm the request for the Services is pressed or (in any other case) when the Client agrees to proceed with the Mining Search (or other Product) Instruction for Services after being informed of the Charges.
6.5. The risk of input or submission of information is with the Client. The Client entering an incorrect address, delineating an incorrect property boundary, or requesting searches in error will not remove or limit the Client’s obligation to pay the Charges in respect of any Mining Search, or other Product, instruction.
6.6. The Company will either manually or electronically (at its discretion) invoice the Client daily at the address provided by the Client as part of the Mining Search (or other Product) Instruction on the Mining Search (or other Product) Order Page or Multiple Mining Search Order Form. The Client shall discharge the invoiced sums within 30 days of the date of the invoice.
6.7. The Company shall be entitled to charge the Client interest at 4% over the base rate of Lloyds Bank plc from time to time in force in respect of any invoices not so discharged and reserves the right to suspend or discontinue the Services without notice to the Client until such invoices have been paid in full.
7.1. The Company does not exclude or restrict its liability for personal injury or death caused by negligence or any other liability the exclusion or restriction of which is expressly prohibited by law.
7.2. Subject to Clause 5.4, the Client acknowledges and accepts that the Company only provides the Services and Products to it on the express condition that the Company will not be responsible for nor shall it have any liability to the Client, the Client’s End-User client or any other third party directly or indirectly whether in contract tort or otherwise for:
7.2.1. inaccuracies or errors in or omissions from any documentary information provided by a Subcontractor or third party;
7.2.2. inaccuracies or errors in or omissions from any digital or web-based information source maintained; used or provided by a Subcontractor or third party provider; or
7.2.3. any act or omission of a Subcontractor or third-party information provider.
7.3. Without prejudice to Clause 5.2 and subject to Clauses 5.1 and 5.4, the Company shall not be liable for any loss or damage sustained by the Client, the Client’s clients or any other third party directly or indirectly whether in contract tort or otherwise making use of or relying on the Mining Search Report, or other Product/s, including but not limited to any loss or damage resulting as a consequence of:
7.3.1. any failure by the Client to have in place all necessary means of receiving the Mining Search Report, or other Product/s(including those specified in the Cornwall Consultants Limited Materials), the maintenance of Internet access, appropriate email facilities and security measures; or
7.3.2. inaccuracies or errors in or omissions from any Mining Search Report or other Product/s, with the exception of those arising from an act or omission by the Company that is proven to be negligent; or
7.4. any Mining Search, or other Product instruction which is inaccurate, incomplete, illegible, out of sequence or in the wrong form or in respect of the wrong property or arising from late arrival or non-arrival thereof, unless, and then only to the extent that, the loss and damage sustained shall be a direct consequence of the negligent act or omission of the Company.
7.5. Subject to Clause 7.1, the Company shall not have any liability to any third party person or entity who has not been party to the commissioning and fee paid for the Product/s except as otherwise expressly agreed in writing by the Company.
7.6. Subject to Clause 7.1, but notwithstanding anything else contained in these Terms and Conditions, the Company shall not be liable to the Client or any third party for any loss of profits or contracts (whether direct or indirect) or for any indirect or consequential loss whether arising from negligence, breach of contract or howsoever.
7.7. The Client acknowledges and accepts:
7.7.1. that electronic information sent via the Internet can be affected by errors in transmission, destructive programs and or information introduced maliciously by third parties such as viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Whilst the Company will use its reasonable endeavours to procure that such destructive programs are restricted it is not liable for the presence of such programs in any Product/s or Cornwall Consultants Limited Materials except to the extent to which the presence of destructive programs is caused by the failure of the Company to use such reasonable endeavours; and
7.7.2. that the Company has no control over the Internet or documentation transmitted by email or via the Internet. The Services and Products/s do not include protection for or privacy of such information.
8.1. The Company warrants that:
8.1.1. the Services will be performed with reasonable skill and care;
8.1.2. it is authorised to provide the Services on the terms set out in this Agreement; and
8.1.3. the provision of the Services will not infringe any third-party rights.
8.2. The Client warrants that:
8.2.1. the information supplied by the Client when completing and submitting the Client Information or other details in the Mining Search (or other Product) Order Form is true, accurate and complete and that it will notify the Company in writing of any changes in such information; and that
18.104.22.168. will not allow any third party to use any Cornwall Consultants Limited Materials; and
22.214.171.124. is authorised to receive the Services on the terms set out in this Agreement; and
126.96.36.199. in its use of the Services and Product/s will comply with all applicable laws, regulations and codes of practice; and
188.8.131.52. will keep confidential and secure all user names and passwords used in relation to the Services and accepts that use of a user name and password allocated to a Client shall constitute sufficient authority to the Company to perform the Services and be entitled to payment for so doing; and
184.108.40.206. will obtain and maintain suitable equipment including hardware, software and communication links necessary to allow the Client to access the Services and receive electronic communications from the Company.
8.3. The terms set out in this Agreement are in lieu of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.
9. Intellectual Property Rights
9.1. All intellectual property rights to any Cornwall Consultants Limited Materials and Mining Search Report, or other Products/s, provided to the Client by the Company, or used by the Company in the preparation of the Product/s, shall at all times remain the property of the Company, the Company’s licensors or the relevant Subcontractor. The Client undertakes that it shall not at any time make any copy of any such material or otherwise deal with such material or disclose the same whether directly or indirectly to any third party except in accordance with this Agreement.
10.1. The right to be provided with the Services or Products is personal to the Client and is not transferable. In no circumstances is access to the Services or Products to be permitted, facilitated or resold by the Client to any other person or entity.
10.2. The Client acknowledges that the Company may use one or more Sub-Contractors to fulfil provision of the Services and Product/s on the terms set out in this Agreement. Subject to the other terms of this Agreement, the Company will remain responsible for, and liable to the Client in respect of, the provision of the Services and Product/s by such Sub-Contractors.
11. Termination & Cancelation
11.1. Where the Client is a consumer within the meaning of The Consumer Contracts Regulations 2014 (“the Regulations”), then the Client has the right to cancel this Agreement within fourteen days from the day on which the contract with the Company is started unless in the meantime the Company has been requested to and commences performance of the Service. By transmitting or otherwise submitting a Mining Search or other product instruction to the Company the Client confirms that it requests and agrees to the Company commencing the Services and acknowledges that the processing by the Company of the product instruction constitutes commencement by the Company of the performance of the Service.
11.2. Upon cancellation by the client within the fourteen-day period the Client grants the Company the right to make reasonable charges for those parts of the Service performed up to that point.
11.3. The Client agrees that delivery of the completed Mining Search from the Company to the Client constitutes completion of the service in full and accordingly the Client’s right to cancel is lost.
11.4. This Agreement (and any licence granted under this Agreement) may be terminated by either party at any time on giving 30 days’ written notice to the other party.
11.5. This Agreement (and any licence granted under this Agreement) may be terminated by either party forthwith if the other party is in material breach of its obligations hereunder.
11.6. Upon termination the Company will continue to provide to the Client the Mining Search Report, or other Product/s, paid for before the date of such termination.
12. Force Majeure
12.1. Neither party shall be responsible for delays or failures in performance resulting from Force Majeure.
12.2. The operation of this Agreement shall be suspended during the period and only during the period in which the Force
Majeure continues to have effect.
12.3. For the purposes of this Agreement, “Force Majeure” means any event or series of events beyond the reasonable control of either party and which could not have been prevented or overcome by the exercise of due care, caution and diligence by the party affected. Events beyond the reasonable control of the parties shall include (without limitation):
12.3.1. act of God, storm, flood, epidemic or other natural physical disaster; and
12.3.2. accidents, fire, explosion; and
12.3.3. any war or preparation for war, hostilities, revolution, riot or civil disorder, insurrection, terrorism; and
12.3.4. failures of public utility supplies (electricity, post, telecommunications) or general failure of the Internet; and
12.3.5. the introduction of, or any amendment to, a law or regulation, or any change in its interpretation or application by any authority; and
12.3.6. any breach of contract, termination of contract, default by, or insolvency of, a third party on whom the Company relies for the provision of the Services (including the British Geological Survey; Ordnance Survey and any Subcontractor), other than a company in the same group as the Company or an officer or employee of the Company or of such a company.
13. Applicable Law
13.1. The construction validity and performance of this Agreement shall be governed by English law and the Client irrevocably submits to the exclusive jurisdiction of the English Courts.
14. Acquiescence, Forbearance & Waiver
14.1. The parties agree that:
14.1.1. for a waiver of any right to be effective it must be given expressly in writing by a duly authorised representative;
14.1.2. any acquiescence to a breach or forbearance to enforce a right does not amount to consent to the breach nor prejudice enforcement of the right unless the consent or forbearance is given expressly in writing by a duly authorised representative;
14.1.3. any other form of purported acquiescence, forbearance, consent or waiver will not be of any effect;
14.1.4. no failure or delay on the part of either of the parties to exercise any right or remedy under this Agreement is to be construed or to be treated as a waiver of or bar to the exercise or enforcement of the right or remedy;
14.1.5. any effective waiver or acquiescence to or forbearance in any breach of any provision of or to the exercise or enforcement of any right or remedy is not to be taken or held to prejudice the subsequent enforcement or exercise of a right remedy or provision.
15.1. Any notice to be given under this Agreement must be in writing signed by a duly authorised representative of the relevant party.
15.2. All notices, documents, communications and any other data to be provided under this Agreement must be in the English language unless otherwise agreed.
15.3. Notices are to be sent to the address of the other party as given herein or to such other address as that party may have previously notified to the party giving notice as its address for such service.
15.4. Notices can be delivered (properly addressed) by registered post or by hand.
15.5. A party shall not attempt to prevent or delay the service on it of a notice connected with this Agreement.
15.6. In the absence of acknowledgement of receipt from the recipient party proof of delivery of a notice remains with the sender.
16. Rights of Third Parties
16.1. This Agreement is not intended to, and does not, give any person who is not a party to this Agreement any rights to enforce any provisions contained herein for the purposes of The Contracts (Rights of Third Parties) Act 1999.
17. Regulation of Services and Customer Care – Mining Searches
17.1. Cornwall Consultants Ltd is registered with the Property Codes Compliance Board as a subscriber to the Search Code.
17.2. Cornwall Consultants Ltd has a Complaints Procedure, which is provided on our website. If you make a complaint and we are unable to resolve it to your satisfaction you may refer the complaint to The Property Ombudsman scheme (website: www.tpos.co.uk; email: email@example.com). We will co-operate fully with the Ombudsman during an investigation and comply with the Ombudsman’s final decision.