Terms and Conditions
Definitions
1) Assignment - The transfer of legal ownership from the Seller to the
Buyer. The Deed of Assignment is the document signed by the Seller to effect
the transfer of ownership in the policy but it is only on the Assignment Date
that the Assignment takes place.
2) Assignment Date - the date on which legal ownership of the policy
is transferred to the Buyer. The Assignment Date may be on or after the Completion
Date and occurs when the Solicitors handling the transfer of ownership have
completed all necessary validation procedures on the policy, the Seller and
the Buyer and are in receipt of cleared funds for the full purchase price and
legal fees.
3) Buyer - is the party (individual, partnership, trustees or corporate
investor)who has completed a Buyers Contract Note agreeing to buy the policy
at the Buyers Price.
4) Buyers Contract Date - is the date when an offer to purchase a policy
is made by the completion of a Buyers Contract Note.
5) Buyers Contract Note - is the contract note setting out the details
of the policy, the Purchase Price and the Completion Date.
6) Buyers Price - the Buyers Price is the total amount payable by the
Buyer (with the exception of on-going premiums) to purchase the policy.
7) Company - UK Endowments Limited are the owners and operators of the
Internet Trading Platform.
8) Completion Date - The Completion Date is 28 days after the Buyers
Contract Date and is detailed on the Buyers Contract Note. It is the date on
which the balance of the Purchase price must be received in cleared funds by
the Solicitors.
9) Internet Trading Platform - The website known as UKEndowments.com
operated by the Company and all or any of the web pages, modules and facilities
constituting it.
10) Life Assured/Lives Assured - the life/lives assured are the individual/s
on whom the life assurance element of the policy is written. The life/lives
assured may or may not be the policy owners
11) Policy List - the Policy List is a list of all policies for sale
at any given time at the Buyers Price. Intermediaries and Buyers can purchase
policies from the Policy List in the knowledge that the Seller is obliged to
sell during the Sale Period.
12) Sale End Date - is the time when a Sellers policy is removed from
the Policy List either because the policy has Sold or if the policy fails to
sell during the Sale Period.
13) Sale Period - is the length of time a policy is available for sale
on the Internet Trading Platform. The Sale Period is normally 21 days or less
if a Buyer is found.
14) Sale/Sold - the Sale of a policy occurs and the policy is Sold at
the point when a bid at or above the Maximum Reserve Price has been achieved
by the Auction End Date, or when the Seller accepts a lower bid within 48 hours
of the Auction End Date, or at anytime when a policy is purchased from the Fixed
Price List.
15) Sale Start Date - is the time and date that the policy is entered
onto the Policy List. This will occur after the Seller has signed and returned
the Sellers Contract Note together with initial documentation to the Company
enabling them to confirm that the basic policy details are correct.
16) Seller -is the current owner or owners of the policy (who may or
may not be the life/lives assured) and whose policy has achieved a bid equal
to or in excess of the Maximum Reserve Price (or who has accepted an offer above
the Auction Entry Level but below the Maximum Reserve Price) and who is contracted
to sell the policy to the Buyer.
17) Sellers Contract Note - sets out the policy details and Sellers
Price. The Sellers Contract Note needs to be signed by the Seller (all policy
owners) and forwarded (together with other initial documentation –see
stage 1 Policy Sales Checklist) to the Company. On receipt the Company will
check the policy details and if they appear to be in order the policy will be
entered onto the Policy List. The Sellers Contract Note confirms the Sellers
agreement to enter the policy onto the Policy List and commits the Seller to
sell the policy if a Buyer is found during the Sale Period.
18) Sellers Price - is the price that the Company calculates the Seller
will receive for the Sale of the policy and by completing a Sellers Contract
Note the Seller agrees to sell the policy at the Sellers Price during the Sale
Period.
19) Solicitors
- The Solicitors are Lopian Wagner Solicitors, Maybrook House, 40 Blackfriars
Street, Manchester, M3 2EG. Lopian Wagner is one of the most experienced, longest
serving law firms specialising in the conveyancing of Traded Endowment Policies.
They provide a service for the Auctioneers but do not specifically act for either
the Buyer or the Seller but this does not prevent either the Seller or the Buyer
at their own cost in addition instructing their own Solicitors. They will however
validate the policy details, obtain documentation to comply with the Money Laundering
Regulations from both parties, and arrange the transfer and registration of
ownership in the policy to the Buyer and settlement of monies to the Seller.
General
1)
The UKEndowments.com website is owned by the Company.
2)
UK Endowments Limited is an Appointed Representative of Becque Wayman Investments
Ltd., which is an Independent Financial Adviser, authorised and regulated by
the Financial Services Authority.
3)
The Comapny work on an ‘execution only’ basis meaning that they will not normally
provide any investment advice. The Seller’s decision to sell and the Buyer’s
decision to buy must be entirely their own decision or that of their own advisers.
TEP (Traded Endowment Policy) investments may not be suitable for everybody
and potential Buyers in any doubt of the suitability of such investments for
their circumstances should obtain expert advice.
4)
The Internet Trading Platform is designed to provide accurate factual information
to aid potential Sellers and potential Buyers to make the decision to sell or
buy a policy.
5)
The Internet Trading Platform acts as a meeting place for, potential Sellers
of traditional with profit endowment policies and potential Buyers of those
policies.
6)
Sellers and Buyers requiring Financial Advice should consult an authorised Financial
Adviser. The Company will be happy to recommend a suitably qualified Adviser
if required.
7)
The process of transferring ownership of policies from Seller to Buyer including
the handling of all documents of title (policy documents etc.) and client monies
is all dealt with by specialist firms of solicitors regulated by the Law Society.
8)
The Company do not handle documents of title (other than in transit) and never
handle client monies.
9)
The users of the Internet Trading Platform acknowledge that UKEndowments.com
and the Company cannot guarantee the links to and from the website. If such
a link is inoperable or fails such that communications via the Internet cannot
take place for whatever reason users shall have no claim against UKEndowments.com,
the Company or any associated companies.
10)
The users of the Internet Trading Platform acknowledge that it is their responsibility
to check their email on a regular basis as UKEndowments.com and the Company
cannot be held responsible for the consequences of users failing to open, read
and where necessary act promptly on emails received.
11)
The estimated values and details given on the Internet Trading Platform are
merely for the convenience of potential Buyers and although believed to be correct
their accuracy is not guaranteed and they are expressly excluded from any contract.
12)
The bonus rates and surrender values shown on the Internet Trading Platform
are in every case based on the latest information available when the policies
are entered onto the Policy List, however their accuracy during the Auction
Period cannot be guaranteed. The surrender value is based on the last quotation
received from the insurance company prior to the policy being placed on the
Policy List.
13)
Potential Buyers are reminded that future rates of bonus are not guaranteed.
Past performance is not necessarily a guide to future performance.
1) All policies will be entered onto the Policy List for a period of 21 days
exactly (to the minute), from the Sale Start Date.
2) All policies entered onto the Policy List will have a Sellers Price and
the Sellers will be legally obliged to sell the policy if a Buyer contracts
to buy the policy at the Buying Price before the Sale End Date.
3) At the close of the initial Sale Period if a policy is unsold the Seller
will be given the option of placing the policy in the Sale for a further Sale
Period.
4) If the policy fails to sell by the end of the second Sale Period it will
be withdrawn from the Policy List. Only in exceptional circumstances at the
Company’s discretion will a policy be allowed to be re-entered onto the
Policy List for a further period.
5) Once a policy is sold the Seller is legally committed to proceed with the
sale. If the Seller does not honour this obligation for any reason then the
Company reserves the right to charge the Seller a withdrawal penalty equivalent
to the commission that would have been made should the sale have proceeded in
addition to any claim by the Buyer.
6) Once a policy is sold the Seller shall provide within 2 working days of
the sale via Royal Mail Special Delivery Post (or courier service) at their
own expense all documents relating to the sold policy (see Policy Sales checklist
Stage Two) to our recommended specialist Solicitors – Lopian Wagner
Solicitors, Maybrook House, 40 Blackfriars Street, Manchester, M3 2EG. The
Seller shall provide any further necessary documentation subsequently requested
by the Solicitors as soon as possible. Any costs involved in providing the necessary
documentation, such as obtaining a replacement policy document should the original
have been lost, shall be the responsibility of the Seller. However the Solicitor’s
charges in respect of the legal transfer of ownership and obtaining guaranteed
title for the Buyer will be borne by the Company.
7) Whilst every effort is taken by the Company to ensure that policies entered
onto the Policy List are described correctly, errors, omissions or mis-statements
will sometimes happen. The Solicitors will use all reasonable endeavours to
find any such errors, omissions or mis-statements during the validation process.
Any such errors, omissions or mis-statements will not necessarily impair the
sale provided that the Seller and Buyer agree to an amended price determined
impartially by the Company. However, should the Seller and Buyer not agree to
an amended sale price, the sale will be cancelled and the deposit returned to
the Buyer without interest. In this event the policy may, at the Company’s
discretion be placed back onto the Policy List at an amended price agreed with
the Seller. Should the policy ultimately fail to sell, the Solicitors will return
all relevant documentation to the Seller.
8) All policies are sold on the basis that the Seller remains liable for all
premiums falling due on or before the Completion Date whether the policy has
actually been Assigned to the Buyer or not. All subsequent premiums are the
Buyer’s responsibility.
9) Lopian Wagner Solicitors will make every effort to ensure that the Assignment
takes place on the Completion Date, however delays can sometimes occur for reasons
that are out of their control. If delays occur because of the Sellers tardiness
or inability to provide the necessary documentation to complete the sale then
the sale may have to be cancelled and the Buyer may be entitled to be compensated
by the Seller for any loss incurred.
10) Should a Life Assured die before the Assignment Date, the sale shall be
cancelled and the Seller or their representatives will be able to pursue the
death claim with the Life Office. In these circumstances the Buyer will have
his deposit refunded by the Solicitors and the Seller shall be responsible for
any Solicitors charges incurred up to a maximum of £140 (inclusive of
VAT). The Buyer shall not be entitled to any Compensation.
11) The Seller acknowledges that on the Assignment Date the Buyer is fully
entitled to any benefits provided by the policy. The Life Assurance cover remains
on the original Life/Lives Assured and should the original Life/Lives Assured
die any claim value arising would be paid to the Buyer. The Seller may wish
to consider effecting alternative life assurance protection before the Assignment
Date.
12) The Seller acknowledges that the Company disclaims all liability for the
accuracy of the particulars of each policy and the Seller shall have no claim
against them or their associated companies in respect of any details and statements
made.
13) If the Assignment Date is delayed because of some act or omission by the
Seller the Buyer may at any time after the Completion Date make the time for
completion of the essence by serving notice on the Seller and requiring completion
within 7 days of the notice. If the Seller does not complete on expiry of such
notice then in addition to any other rights the Buyer may rescind the agreement,
require the immediate return of the deposit monies and take appropriate action
against the Seller for any loss incurred.
14) The Seller and the Buyer acknowledge that on occasions delays can occur
for reasons outside their control.
B) Buying
1) All policies on the Policy List have a Buying Price and the Sellers are
obliged to sell the policy if a Buyer completes a Buyers Contract Note during
the Sale Period.
2) The Buyer shall be the first person to complete a Buyers Contract Note during
the Sale Period.
3) The Buyer is required to pay a deposit of 10% of the agreed purchase price
and send this together with the signed contract notes to Lopian Wagner Solicitors,
Maybrook House, 40 Blackfriars Street, Manchester, M3 2EG within two working
days of their successful offer. The Buyer will also have to supply whatever
documentation is required by the Solicitors to comply with the UK Anti-Money
Laundering Regulations (satisfactory proof of identity and residence) (see Money
Laundering Form). The balance of the purchase price will be due in cleared funds
on or before the Completion Date (28 days after the Buyers Contract Date as
detailed on the Buyers Contract Note).
4) In the event that the completion of the purchase is delayed for any reason
caused by the Buyer's act or omission (e.g. late payment of the balance of purchase
price or non-compliance with the documentation for UK Anti-Money Laundering
Rules) the Buyer will be liable to pay interest to the Seller at the rate of
10% p.a. until the Assignment Date.
5) The Company will be responsible for the legal fees in respect of the conveyance
of the policy. Lopian Wagner Solicitors will validate all policy details and
provide a guarantee of full title to the Buyer. The Buyer will be entitled to
all benefits from the policy from Assignment Date.
6) All premiums payable on policies after the Completion Date are the Buyers
responsibility and any premiums paid by the Seller after this date are to be
repaid to the Seller by the Buyer.
7) The Solicitors will check the validity of the policy during the policy assignment
process and, if it transpires that the policy details are inaccurate the Buyer
will be advised and will be entitled to cancel the sale and receive a refund
of the deposit paid without interest, but no further compensation. However if
the Buyer wishes to proceed with the purchase and can agree an amended price
with the Seller as determined impartially by the Company based on the correct
policy details then the Sale will continue at the amended purchase price.
8) The Seller may at any time after the Completion Date make the time for completion
of the essence by serving notice on the Buyer and requiring completion within
7 days of the notice. If the Buyer does not complete at the expiry of such notice
then in addition to the provisions of clause B4 (interest) and clause B9 the
seller may rescind the contract.
9) If the Buyer neglects or fails to comply with any of the conditions contained
herein the deposit money paid shall be forfeited and the Sellers shall have
the right to re-sell the policy either by public or private sale, and any deficiency
arising from such sale together with all charges associated with sale shall
be made good by the defaulters and be recoverable as liquidated damages.
10) The Seller and the Buyer acknowledge that on occasions delays can occur
for reasons outside their control.
11) The Buyer acknowledges that the Company disclaims all liability for the
accuracy of the particulars of each policy and the Buyer shall have no claim
against them or their associated companies in respect of any details and statements
made.
12) Potential Buyers acknowledge that the policies available on the Policy
List are constantly changing and offers to buy from the list are dealt with
on a strict chronological basis. The Company will confirm whether or not an
offer is successful.
In these Terms and Conditions the masculine gender shall include the feminine
and the singular shall include the plural and vice versa. We reserve the right
to amend these Terms at any time.
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