Terms and Conditions

Terms and conditions to be noted when dealing with Marshall Properties

GENERAL TERMS:

No information, statement, description, quantity / quantities or measurement contained in any sales or lettings particulars or given orally or contained in any web page, brochure, catalogue, email, letter, report, docket or hand-out issued by or on behalf of Marshall Properties or the vendor or lessor in respect of the property shall constitute a representation or a condition or a warranty on behalf of Marshall Properties or the vendor or lessor. Any information, statement, description, quantity / quantities or measurement so given or contained in any such advertisements, sales particulars, web page, brochure, catalogue, email, letter, report or hand-out issued by or on behalf of Marshall Properties or the vendor or lessor are for illustration purposes only and are not to be taken as matters of fact. Any mistake, omission, inaccuracy or mis-description given orally or contained in any sales particulars or lettings particulars, web page, brochure, catalogue, email, letter, report or hand-out issued by or on behalf of Marshall Properties or the vendor or lessor shall not give rise to any right of action, claim, entitlement or compensation against Marshall Properties or the vendor or lessor. All bidders / interested parties must satisfy themselves by carrying out their own independent due diligence, inspections or otherwise as to the correctness of any and all of the information, statements, descriptions, quantity / quantities or measurements contained in any such sales or letting particulars, web page, brochure, catalogue, email, letter, report or hand-out issued by or on behalf of Marshall Properties or the vendor or lessor.

By accessing and/or using the Marshall Properties Web Site ("this website"), and by making any enquiry and or dealing with Marshall Properties in any written or verbal communication you are agreeing to be bound by the terms and conditions of Marshall Properties as outlined herein:

1. Any reference made on this website to "Marshall Properties”, "we", "us", ourselves etc or like terms refers to Malcolm Marshall t/a Marshall Properties.
2. These terms and conditions, together with the content and use of this website shall be governed by and construed in accordance with Irish law.
3. Care has been taken to ensure that the information contained on this website is as accurate as possible. However, Marshall Properties does not give any representation or warranty, express or implied, in relation to the accuracy or completeness of the said information.
4. All users of this site and / or parties dealing directly or indirectly with Marshall Properties or any party said to be an employee or associate of Marshall Properties and / or the principal(s) of Marshall Properties should take independent professional advice if they require information in relation to any matter addressed on this website or any other representation alleged to have been made by Marshall Properties or any other person associated or said to be associated with Marshall Properties.
5. Except as expressly set out in these terms and conditions, all representations, warranties, terms and conditions whether express or implied in relation to this website and/or the information contained herein are hereby excluded to the fullest extent permitted by law.
6. Due to the fact that it cannot be guaranteed that this website will be fault free or that the information contained herein will be correct, Marshall Properties does not accept any liability for any damage or loss suffered by any person (whether direct, indirect, special, incidental, punitive or consequential loss, including loss of profits) arising as a result of using and or relying on the content of this website.
7. No person is allowed to rely on any representation howsoever or whenever made by any person said to be acting for and / or on behalf of Malcolm Marshall t/a Marshall Properties including Malcolm Marshall himself and /or any other employee or agent or associate or partner of Marshall Properties and / or the person(s) said to have instructed Marshall Properties, this agent’s Principal(s), for any damage or loss suffered by any person (whether direct, indirect, special, incidental, punitive or consequential loss, including loss of profits) said or alleged to be arising as a result of relying on any such representation(s) made or implied or construed by the parties.
8. All matters arising are subject to contract and the wording of the final contract shall govern the terms and conditions under which any party is said to be involved in any contract or agreement with Marshall Properties or the principal(s) of Marshall Properties.
9. Nothing said by any person said to be acting on behalf of Marshall Properties or the principal(s) of Marshall Properties or Malcolm Marshall on any advertisement or information contained on this website or any other website, publication or advertisement may be construed as constituting an offer, acceptance or contract or any part thereof.
10. All content and designs included in this web site (including, without prejudice, text, graphics, logos, button icons, images, audio clips and software) are protected by copyright, trademark or other intellectual property rights and is / are the property of Marshall Properties.
11. You may print or download certain material from this website for your personal and non-commercial use. You may not make any changes to any material that you print or download, including, without limitation, removing any copyright or prohibitory notices. All other uses are prohibited including, without limitation, distributing, reproducing, modifying or copying, and / or any commercial use and this extends to any other Property Services Provider or agent including other estate agents using any content from this website for commercial use or any other purpose or use.
12. Any dispute in relation to this website or any agreement(s) said to have been made with or between Marshall Properties and any other person or entity shall be governed by the laws of Ireland and the Irish courts shall have exclusive jurisdiction in respect of any such dispute and by accessing this website and or dealing with Malcolm Marshall and or Marshall Properties you agree to comply with all applicable laws in force in the place from where you accessed this website.
13. Marshall Properties shall not be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages or loss howsoever arising (including, but not limited to, an action in contract, negligence or other tortious action) that results from the use of information and material contained on this website.
14. This agent in acting for any party is not responsible for any default by any such party.
15. Marshall Properties reserves the right at any time and from time to time, to change or alter these conditions and / or any part thereof. You are responsible for regularly reviewing these terms and conditions and your continued use of the Marshall Properties website constitutes an affirmative acknowledgement by you of any modification to this Agreement and consent to be bound by its terms.
16. By visiting this website, you are accepting the terms and conditions of Marshall Properties. Any external links to other websites are clearly identifiable as such, and Marshall Properties is not responsible for the content or the privacy statements of those other websites.
17. Any waiver by Marshall Properties of any breach by you of any of the terms, conditions and / or provisions of dealing with Marshall Properties or the acquiescence of Marshall Properties to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto.
18. If at any time any one or more provisions of any agreement entered into with Marshall Properties shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of any such Agreement shall continue in full force and effect.
19. If you are dissatisfied with this website or any information posted herein or with any term or condition of using this website your sole and exclusive remedy is to stop using this site.
20. You must be true, honest and fair in your dealings with and representations made to Marshall Properties and you must not attempt to mislead Marshall Properties in any way as to your capacity to enter into any proposed contract by any act or omission and if you should do so, you will be responsible for any losses, expenses, outlays and or loss of profits etc to Marshall Properties and or the principals of Marshall Properties.

General conditions to be noted:

The particulars contained herein or in any other advertisement, notice or representation made do not constitute an offer or contract or any part thereof and none of the statements contained on this website or advertising material from Marshall Properties are to be relied on as a statement(s) or representation(s) of fact.

Marshall Properties, or any person said to be acting on behalf of Marshall Properties, is not authorised to make or give any representation or warranty in respect of any property or in respect of any principal of Marshall Properties or any party acting with or in consort with Marshall Properties.

All descriptions, dimensions, references to condition, necessary permission for use and occupation, and other details are given in good faith and are believed to be correct. However, any intending purchaser or tenant should not rely on these as statements or representations of fact but must satisfy himself/herself/itself by inspection or otherwise as to the correctness of each and every representation made.

Marshall Properties shall not be required to give any warranty or covenant in respect of any  property. While this agent is familiar with the appearance and lay out of the property this agent does not to purport to have either knowledge or awareness as to the title to be furnished or planning documentation. It shall be a matter entirely for the purchaser or any intended purchaser or tenant to be satisfied as to the adequacy of all such documents. The purchaser or tenant should, through legal requisitions and surveys establish the suitability, title and condition of a property before finalising the purchase or before entering into a lease agreement for any such property. 

It shall be a matter for a purchaser or tenant to satisfy himself/herself/itself as to the availability of services to the Property both in respect of its existing use and / or any intended use.

Neither the vendor nor the agent shall be required to define boundaries, fences, ditches, hedges or walls, nor to ascertain which, (if any) might be of a party nature.

In the event of any inconsistency between these conditions and the contract of sale, the latter shall prevail.

The terms, Vendor and Purchaser, where the context requires shall be deemed to refer to Lessor and Lessee and Landlord and Tenant respectively.

These details do not form part of any contract and are issued on the understanding that all negotiations are conducted through this agency.

Prices are quoted exclusive of VAT (unless otherwise stated) and the purchaser/lessee shall be liable for any VAT arising on the transaction.

Auctions:

Terms and Conditions for properties for sale by Auction

Where the sale is by auction, the following provisions shall apply:

Marshall Properties (the Auctioneer) may refuse to accept any bid. If any dispute shall arise as to any bidding, the Auctioneer shall (at his option) either determine the dispute or again put up the property in question at the last undisputed bid. No person shall advance at a bidding a sum less than that fixed by the Auctioneer, and no accepted bid shall be retracted.

Subject to the foregoing, the highest accepted bidder shall be the Purchaser.

The Vendor may divide the property set forth in the Particulars into lots and sub-divide, consolidate or alter the order of sale of any lots.

There shall be a reserve price for the Subject Property whether the same shall comprise the whole or any part of the property set forth in the Particulars.

The Vendor may withdraw the whole of the property set forth in Particulars or, where such property has been divided into lots, withdraw any one or more of such lots at any time before the same has been sold without disclosing the reserve price.

The Auctioneer reserves the right to alter the order of the properties for auction on the day of the auction.

A reserve price will be set by the Vendor on the day of the auction. If at the auction the highest bid does not reach the reserve, then that property will be withdrawn.

It shall be unlawful for the bidder to make a bid for the property on behalf of the vendor, subject to certain exemptions. See Exemptions Section of the Property Services (Regulations) Act, 2011, Part 6, Section 58, Pages 60 and 61 www.psr.ie

If the property exceeds the Vendor’s reserve, the Auctioneer will declare the property “on the market” and the highest bidder, at that stage (after it is declared on the market, following the fall of the hammer) will be deemed to be the Purchaser.

This Auctioneer does not have to disclose the reserve price when withdrawing the property.

This Auctioneer may refuse to accept any bid but no accepted bid will be retracted.

It shall be unlawful for the bidder to make a bid for the property on behalf of the vendor, subject to certain exemptions. 

If the property is withdrawn, this Auctioneer may decide to deal exclusively or otherwise, with the highest bidder. If those discussions lead to an agreement to sell the property then the purchaser will be asked to sign a legally binding contract immediately and pay the required deposit, usually 10% of the purchase price. The Purchaser shall forthwith pay to Marshall Properties a deposit of 10% of the Purchase Price in part payment thereof, and shall execute the contract and complete the purchase of the Subject Property in accordance with the Conditions.

The Auctioneer reserves the right to sell the property in advance of the Auction.

Accordingly, the properties as per the catalogue shall be for sale by auction, unless previously sold.

You will be requested to register for auctions. Confirmation of registration should confirmed prior to the commencement of the auction.

You will be asked hand over a cheque or bank draft which will usually be in the amount of 10% of the purchase price.

You will be asked to provide details of your solicitor who will be acting for you if you are the successful purchaser.

In the event that you are unable to attend, a bid may be submitted by phone or proxy by prior arrangement.

IMPORTANT NOTICE

Payments due to third parties as a result of carrying out works or supplying services at the request of Marshall Properties:

Where and whenever Marshall Properties may ask or has asked any trades person, company, business entity or natural person to provide any service or to supply any goods and / or products of any kind or nature to or for a property which Marshall Properties manages on behalf of a client / principal of Marshall Properties, whether disclosed or not, that party requiring payment must understand clearly, fully and in no uncertain terms that Malcolm Marshall trading as Marshall Properties or any person or party associated with or employed by Marshall Properties has no authority whatsoever to bind Marshall Properties in any contract where payment may become due and payable by Marshall Properties to any third party who may have supplied any goods or services at the request of Marshall Properties. In short, Marshall Properties is not responsible for any debt accruing. The party or person responsible for making the payment will always be the principal of Marshall Properties. Payment may be made by the principal of Marshall Properties directly to any person said to be entitled to receive payment or payment may be made through Marshall Properties but the payment will always have come, not from Marshall Properties, but the person or party that Marshall Properties acts or has acted on behalf of.  In simple terms Marshall Properties acts as an agent and as such may refer business to or make an introduction to a various trade or client where one party may go on to provide goods and or services but Marshall Properties is never responsible for paying any bills, invoices or debts arising as a result of any such introduction.

In order for any party to secure payment that party must make the request in writing on a VAT Invoice which should detail that party's business name, address, contact phone number and VAT Number. The invoice must clearly identify the property to or for which the goods or service was provided and the date the goods or service was supplied and describe the nature of the goods or service provided and detail the cost of the service and / or any materials provided and the rate at which VAT is being calculated and the VAT amount being claimed as part of the total amount due in the invoice.