Apartments for sale in Paris, Paris Real estate listings from Beaman and Jones Consulting Central Property Listings Paris  
| | | | | | | | Monday 17 December 2018


Beaman and Jones Consulting Terms and Conditions

Attention: Important Information

All users of the web site (www.beaman-jones.com) and those who use the resources to be found on it, including the use of electronic contact forms, potential and actual Clients agree to be bound by these terms and conditions. Upon receipt of communications from Beaman & Jones, users are considered the “Client” for the purpose of these Terms and Conditions. All queries should be addressed to Beaman and Jones Consulting here

If you do not wish to be bound by these Terms and Conditions, you should leave this website now and not utilise any of the resources and information to be found in it.


Beaman and Jones Consulting Limited – Current Terms and Conditions, dated – 1st September 2006


1. Definitions:

“The Company”: Beaman and Jones Consulting Limited or its representatives acting under the authority of the Directorship of Beaman and Jones Consulting Limited.

“Consulting Services”: The provision of information based services including but not limited to generic advice on French property, custom and etiquette information for France in general and assistance in the viewing negotiation and purchasing of properties in France.

“The Client”: Any person, organisation or group of persons acting together in receipt of the Consulting Services by the Company subject to these terms and conditions.

“The Website”: Means the entire www.beaman-jones.com website.

2. Client Obligations

2.1 Client Registration

2.1.1 All clients are accepted, subject to acceptance by the Company by either:

2.1.1.1 the signing, by hand or by Electronic Digital Signature, and return to the Company, of a legally binding contract between the Client and the Company,
or
2.1.1.2 the return of the Sign-up Electronic submission form from the website located at www.beaman-jones.com/signup.htm, the action of the return of the said electronic form being an acceptance by the Client both of these terms and conditions and of the Client’s agreement to being subject to a contract with the Company, to be supplied with some or all of the Consulting Services.

2.1.1.3 the return of the Contact Electronic submission form from the Website located at www.beaman-jones.com, the action of the return of the said electronic form being an acceptance by the Client both of these terms and conditions and of the Client’s agreement to being subject to a contract with the Company, to be supplied with some or all of the Consulting Services.


2.1.1.4 the return of any other agreement to provide services by any verifiable written communication, either via electronic methods, including e-mail, electronic submission forms originating from third-party web sites, or similar, or physical, paper communications; the action of the return and possession by the Company of the said communications being an acceptance by the Client both of these terms and conditions and of the Client’s agreement to being subject to a contract with the Company, to be supplied with services defined within those communications at the prices defined either in these Terms and Conditions or within the said written communication.

2.1.2 Upon the request of the Company, the Client agrees to provide:

2.1.2.1 A photocopy of a current utilities bill,

2.1.2.2 A photocopy of a current passport or driving licence.

2.1.3 The Client agrees to provide the Company with full and accurate personal and financial information required by the Company upon registration and upon any such request made by the Company.

2.1.4 The Client agrees to inform the Company immediately in the event of any information given upon registration changing.

2.1.5 This Client agrees to disclose any information in their knowledge or possession that may in the reasonable opinion of the Company affect any transactions upon which the Company is consulting.

2.1.6 If the Client breaches any of the clauses in Section 2.1 the Company reserves the right to terminate the agreement with immediate effect and the Client agrees to a forfeiture of 10% of the original target budget or transaction value whichever is greater. This is to be paid to the Company within 28 days from despatch of the Company’s invoice.

2.2 General Obligations

2.2.1 The Client agrees to pay all invoiced fees and disbursements for Consulting Services provided by the Company to the Client.

2.2.2 The Client agrees to provide any reasonably requested documents to the Company within 28 days of any request.

2.2.3 The Client agrees that they are under no obligation to accept any recommendation or service or product made by the Company.

2.2.4 Each contract with the Company is deemed to be legally separate from other contracts running simultaneously for the same Client.

2.2.5 Each contract is considered as being of open-ended duration and deemed complete only upon the signing of the final purchase agreement and payment of all fees pertaining to each individual contract as set down in each contract or by written notice of termination by either party.

2.2.6 Once the Company has presented the Client with information pertaining to specific properties or services, it will be considered a breach of contract if:

2.2.6.1 the Client communicates directly with the owners of properties or providers of services in order to circumvent the agreed terms of the contract through external agreements of any type. This would include any attempt to negotiate sales or services in order to exclude the Company from its agreed fees,

2.2.6.2 the Client knowingly furnishes inaccurate, untruthful or misleading information to the Company or in anyway undertakes activities that would be reasonably considered “time-wasting”.

2.2.7 The Client agrees to remain bound under the terms of clause 2.2.6 and the sub-paragraphs thereof for a period of 12 months after the termination of a contract between the Client and the Company.

2.2.8 The Client is solely responsible for all decisions or actions made or carried out after referring to the advice or opinions of the Company.

2.2.9 The Client is solely responsible for all their personal costs, including travelling expenses and hotels.

2.2.10 In the event of the failure of the Client to attend any meeting with any Company representative or associated third party without written notice 24 hours prior to the event or without reasonable cause, the Client agrees to reimburse the Company all expenses and costs incurred in addition to a compensation charge of €50 per hour for each of the parties involved.

2.2.11 Should any breach of contract occur by the Client in a manner indicating a fraudulent action or the preparation of a fraudulent action or through breach of clauses 2.2.6 or 2.2.7 above, the Client agrees to indemnify the Company by a sum not less than 10% of the value of the property in addition to any outstanding invoices or €15000, whichever is greater.

2.2.12 Failure to indemnify the company within 28 days of the breach of contract will result in legal action being undertaken by the Company and interest upon the outstanding amount will be sought on the basis set out in clause 4.3.3.

2.2.13 No information given to the Client may be transferred, communicated or sold to a third party without the express prior permission of a Director of the Company in writing.

3. Company Obligations

3.1 The Services

3.1.1 The Company shall provide the Client with information and advice concerned with the purchase of property in France.

3.1.2 The only services provided by the Company will be Consultancy Services as defined in these Terms and Conditions.

3.1.3 From time to time the Client may provide the Company with Limited Power of Attorney. At no time will the Company enter into direct contractual relationships with any third parties on behalf of the Client.

3.1.4 All other transactions carried out between the Client and other organisations, agents, contractors or individuals will be deemed to be separate and independent of the Company and any contract existing between the Client and the Company.

3.1.5 The Company may agree to undertake a search for properties using any resources it deems necessary, and will select properties for viewing that fall within the parameters defined by the search criteria provided by the Client.

3.1.6 Should any additional services from third parties become necessary, the Client will be notified of any additional costs that would be incurred before any such additional work is undertaken.

3.1.7 The Company may agree to supply the Client with images, videos, written descriptions and other media in order to communicate details of properties to the Client. Such information may be chargeable at the Company’s discretion. The Client will be made aware of any charges in advance.

3.1.8 A Company representative will normally accompany the Client as necessary during visits to prospective properties and will offer their opinion and undertake such tasks which in the opinion of the Company will facilitate the ability of the Client to make judgments on the properties shown. Such opinions and tasks are to be given at the discretion of the representative.

3.1.9 When requested by the Client, the Company may enter into negotiations on any aspect of a potential purchase or similar transaction.

3.1.10 When requested by the Client, a company representative may be present during the initial stages of a purchase including the signing of any initial purchase agreement.

3.1.11 Where the Client cannot be physically present the Company may agree to be present to act as agent under a Limited Power of Attorney.

3.1.12 Upon request in writing the Company may present the Client a list of recognised financial institutions for the purposes of financing transactions.

3.1.13 When requested in writing by the Client the Company may provide a list of builders, decorators, developers and other such third parties for the purposes of renovating any property.

3.1.14 When requested in writing by the Client the Company may provide a list of rental management agencies, insurance providers or any other such third party for the purpose of letting any property.

3.2 Restrictions

3.2.1 All services carried out by the Company will be those falling within Clause 3.1 above. Any additional services will only be undertaken after being expressly agreed in writing beforehand with a company director.

3.2.2 Any translation of non-English language documents for the Client are an additional expense and will be charged for at a rate to be determined on a case by case basis.

3.2.3 The Company reserves the right to decline to undertake services for any client, actual or potential, at any time without giving a reason.

3.2.4 The Company will not be responsible for any failure to provide the Consulting Services when in the opinion of the Company circumstances make that provision impossible.

3.2.5 The Company offers no guarantee to find properties and the Client agrees that where an advance date has been set for viewings the Company will not be liable for any loss suffered by the Client if properties cannot be found before that date.

3.2.6 The Company does not accept responsibility for its failure to provide services of any kind, including information pertaining to client requirements, for any reason, including finding properties or services that fall within those mentioned in any agreement or contract with the Company.

3.2.7 The Company reserves the right to change or substitute any service or product mentioned in any contract for one that in the reasonable opinion of the Company is of equal value.

3.2.8 The Company reserves the right to cancel any contract at any time without notice or without giving reason.

3.2.9 In all cases, the Company will not be considered as, or as furnishing services as, the following:

I.An estate agent or similar
II.Financial adviser
III.An intermediary or courier for any moneys
IV.A rental management agency
V.An insurance service provider
VI.The purchaser of any property mentioned in any transaction
VII.The manager of any property for any purpose
VIII.Liable for any taxes or other expenses incurred by the ownership of any properties.
IX.Acting in any other capacity than as an intermediary between the Client and those suppliers of property or services mentioned in the contract between the Company and the Client

4. Fees

Fees are structured in two ways:

4.1 Property Search Fees

4.1.1 At the discretion of the Company, the Client may be charged for the provision of any information such as photos, videos, written descriptions or any other information of any kind when in the opinion of the Company obtaining such information may incur extra cost, time or inconvenience. The Client will be informed of the extent of such charges before any work is carried out.

4.1.2 Should the Client require the presence of a Company Representative during speculative viewings of properties (i.e. - all those viewings carried out before a commitment to buy has been received by the company), the Client agrees to pay all travel and accommodation costs incurred by the Company plus a daily or part daily time fee of €280 per representative for all viewings further than 50 km from Paris.

4.1.3 All property search fees are due for payment upon receipt of invoice.

4.1.4 Should a sale be successfully concluded, any unpaid property search fees previously invoiced to the Client under each specified contract will be added to the final property purchase fee.

4.2 Property Purchase Fees

4.2.1 The property purchase fees shall consist of basic commission and bonus commission.

4.2.2 The basis commission will be calculated as a variable percentage of the final property price.

4.2.3 The variable percentage referred to in 4.2.2 is calculated using the following formula:

150000 / final property price
+ 2.0

4.2.4 If, upon calculation of the variable percentage in 4.2.3 a figure is reached with more than three decimal places, the figure will be rounded up to the nearest thousandth of a percent.

4.2.5 For the purposes of 4.2.3 the final property price is the final negotiated price of the property plus any additional fees levied by the Company for any other services rendered under these Terms and Conditions and/or any commissions or charges arising from Third Parties, including agents.

4.2.6 The bonus commission will be calculated as 20% (twenty percent) of any negotiated reduction in price of the purchased property.

4.2.7 For the purposes of 4.2.6 a negotiated reduction is the result of the original asking price of the property upon retaining the services of the Company minus the final accepted offer price of the property.

4.2.8 In the event that details of the property were not communicated to the client immediately upon acceptance of these Terms and Conditions, the original price for the purposes of 4.2.7 will be the price first communicated to the client.

4.2.9 In the event that the total commission, calculated in accordance with 4.2.3 and 4.2.6 is more than 5% of the final property price, then the total commission fee will be limited to 5% of the final property price.

4.2.10 For the purposes of both the Basic Commission and the Bonus Commission calculations, the original asking price and the final accepted offer price are deemed as those including any third-party (“Estate Agent” or similar) fees where they are part of the transaction.

4.2.11 All property purchase fees become due on the initial signing of the purchase contract (“Promis de vent”) and payable by currently dated cheque or electronic funds transfer on the day of the signing of the purchase contract.

4.2.12 Failure to pay property purchase fees as outlined in these terms and condition is a breach of contract and subject to compensation as outlined in clause 4.3.3 below.

4.2.13 If the Client withdraws from the sale within the 7 day cooling off period after the signing of the purchase contract all property purchase fees will be returned.

4.2.14 If the Client withdraws from the sale after the 7 day cooling off period all property purchase fees will be due as if the sale had completed. Withdrawal from the sale at this point would also result in any fees and or deposits paid to the lawyer (notaire) being forfeit.

4.2.15 The Company is not liable for the return of any fees if a purchase initiated through the services of the Company fails due to mortgage or loan applications being rejected or authorization delayed by any third-party financing institution or bank for any reason.

4.3 Final Payment

4.3.1 Unless otherwise specified in advance in writing by the Company, final payment of all outstanding balances are due upon the signing of the purchase contract.

4.3.2 The Company may request an interim payment as it sees fit in its absolute discretion, such payment to be made within 28 days of any request.

4.3.3 Failure by the Client to pay for any outstanding balance shall entitle the Company:

4.3.3.1 to cancel the balance (if any) of the contract under which the member has failed to pay and to recover from the member damages for any loss suffered by the Company as a result of such cancellation, and/or

4.3.3.2 to charge the client interest at the rate of 2.5% per month calculated on a day-to-day basis on the amount due from the date of invoice or the apparent date of the breach of these terms and conditions to the date of actual payment thereof (both before and after any judgement) such interest to be paid on demand.

4.3.4 The Client agrees to reimburse any costs incurred by the Company through the return of dishonoured cheques or the failure to correctly enable electronic funds transfer.

5. Suspension or Termination of Consulting Services

5.1 The Company may suspend, restrict, reduce or terminate the Consulting Services immediately if the Client breaches any of these terms and in such event the Company is not be liable to refund any fees paid by the Client for the Consulting Services.

5.2 The Company reserves the right to change or substitute any service or product mentioned in any contract for one that in the opinion of the Company is of equal value. Any such change or substitution will be communicated to the Client as soon as is reasonably practicable.

5.3 The Company reserves the right to cancel any contract at any time without notice or without giving reason.

5.4 Clients may withdraw from any contract including these terms and conditions with the Company by giving 14 clear days notice in writing by recorded delivery to the Company’s registered address subject to clause 5.5.

5.5 In the event notice is given in accordance with 5.4 during the 7 days after the signing of a purchase contract the Client agrees to pay the Company all fees in full as if the property transaction were completed on the 14th day of notice.

6. Liability

6.1 The Company will not be responsible for any losses resulting from any delays, errors or the failure of any transaction due to the failure of any third party or the Client to provide accurate information pursuant to the transaction process.

6.2 The Company will not be responsible for any losses resulting from any delay, error or failure of any transaction due to the actions of the Client or any other third party.

6.3 The Company will not be liable for any failure of any financial institution to award finance for any transaction, for any reason.

6.4 All information given to the Company for communication to the Client is given in good faith and the Company accepts no liability for any inaccuracies that may subsequently come to light.

6.5 The Company will not be held liable for any loss, damage or injury to persons or property, including organisations, by the accidental, unauthorized or malicious disclosure of information contained in verbal or written communications, including that held in electronic systems including email, computer, web-servers and all removable electronic media such as floppy disc, USB key and CD-ROM type storage. Whilst the Company makes every effort to secure such systems, by agreeing to these terms and conditions, the Client agrees to acknowledge the inherent weaknesses present in all such electronic storage and transmission systems. In addition the Client acknowledges that all such systems can contain faults that could enable the unauthorized extraction of such information ("hacking") beyond the reasonable responsibility of the Company and that in such an event the Company will not be held liable.


7. Dispute Resolution

7.1. The Company and the Client agree to try to resolve any dispute between them in good faith by communications between a director of the Company and the Client, or where the Client is an incorporated body or partnership, a director or duly appointed representative of that body.

7.2. Where resolution of the dispute cannot be reached, the Company and the Client agree to seek to resolve the dispute through mediation using the Centre for Effective Dispute Resolution Limited to facilitate the mediation process.

7.3. All costs relating to the dispute resolution process, including but not limited to any costs incurred utilising a mediator are to be shared equally between the Company and the Client.


8. Data Protection

All personal information furnished by the client is considered as confidential and will not be communicated or transferred to any third part without the express permission of the client.


9. Other Websites

Links contained in the Website may lead to websites not under the control of the Company. The Company is not responsible for and accepts no liability in respect of the content of any linked site or any link contained in a linked site. Users link to any linked sites at their own risk.

10. Intellectual Property

10.1 All rights, including copyright in material and database rights in databases, in the content of this Website are owned or controlled for these purposes by the Company. Users may only view and print hard copies of this website for their own personal use. Users may not print, copy, reproduce, download, republish, broadcast, transmit, display, modify or re-use the materials from the Website for any other purpose, including in particular any purpose which publicly re-sells or re-uses the materials.

10.2 All information generated in the course of the Consulting Services including but not exclusive to, information on properties, photographs and videos, remains the property of the Company.


11. Warranties and Disclaimers

The Website and the content, names, text and images included on it are provided 'AS IS'. While reasonable care has been taken in the preparation of this website to ensure that the information contained on it is accurate, no warranty or representation of satisfactory quality or fitness for a particular purpose, non-infringement of title, whether express or implied, is given, nor is any warranty or representation given that the information, materials and software downloaded from the website are free from errors, viruses, defects or inaccuracy.

Nothing in these terms and conditions should be interpreted as excluding liability for death or personal injury.

12. Force Majeure

11.1 The Company shall not be responsible for any loss damage delay or non- performance of any contract arising whether directly or indirectly from any cause outside the control of the Company including (but without prejudice to the generality of the foregoing) any cause arising from or attributable to strike lock-out shortage of labour or materials governmental action civil commotion riots wars sabotage storm flood earthquake or drought

11.2 In the event of any delay or non- performance of any contract arising whether directly or indirectly from any cause referred to in Condition 11.1 above the Company shall be entitled to cancel any contract without payment to the client in respect of any loss or damage or otherwise.


12. Governing Law

12.1 These terms and conditions and any matter relating to the use of this website shall be governed and construed in accordance with the laws of England and Wales. Any dispute relating the use of this website will be subject to the exclusive jurisdiction of the courts of England and Wales.

12.2 All legal documentation regarding the sale of properties and the provision of the Consultancy Services between the Client and any third parties will be in French, where required under French law.

14. Exclusion of Third Party Rights

For the avoidance of doubt nothing in these terms and conditions are intended to confer on any third party any benefit or the right to enforce any terms within the conditions.


Beaman & Jones Consulting are at all times available for further explanation of these terms and conditions, via our contact page or on +44 871 218 0217. However, in using the services of Beaman & Jones Consulting, including the web site (www.beaman-jones.com) users and clients agree to have read and understood these terms and conditions, on the understanding that the final interpretation of them and all service descriptions lies with Beaman & Jones Consulting or its representatives.



 
 
 
 
 
   
 
 
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