We are unable to give any warranty that the result of your search is definitive as to either ownership or finance status as we are reliant upon information received from various sources to make up the register.
The TER Check Certificate is valid for the date and time that the TER Check was made as new data is constantly reported to TER and the other databases to which we have access. It is, therefore, advised that before any further transactions are made that the TER Check Certificate is updated by making a new TER Check.
STANDARD TERMS AND CONDITIONS RELATING TO THE USE OF THE TER SEARCH FACILITY
Important :
Please
read the following Terms & Conditions and confirm that you have
done so by clicking in the appropriate box at the end of the document.
1. DEFINITIONS
"TER" The National Plant & Equipment Register Ltd.
"Item"
Any item deemed suitable for registration or recovery or searching
being in the main but not exclusively serial numbered items of plant,
construction/demolition/quarrying equipment, agricultural machinery and
trailers.
"Prescribed Information" The information, supplied by the
User, relating to an Item which is required by TER in order to carry
out a search of the Register and of certain other databases accessed by
TER, which will include:
• Make and Model of the Item.
• Any/all serial, index, VIN, chassis, engine, registration, fleet numbers on the Item also hours run and sale value.
• Physical location of the Item.
• Details of the current owner of the Item including name, company, address, post code and telephone number.
"Register" The Register of owned and stolen Items maintained by TER.
"User" The user of the search facility
2. THE SERVICE
On
payment of the prescribed Search Fee, TER will undertake on behalf of
the User a search of the Register and of certain other databases
accessed by TER to establish whether the Item(s) [or any of them]
is/are recorded on the Register and on certain other databases accessed
by TER. For this purpose the User will supply TER with the Prescribed
Information either by fax, email or letter on the Search Request Form.
3. USER'S WARRANTY
By requesting the search and paying the Search Fee the User warrants that the User:
i) has the Item legitimately in his custody or
ii) has legitimate access to the Item or
iii) has a prospective interest in acquiring the Item in good faith.
In respect of these warranties, the User indemnifies TER against any possible future action by third parties.
4. TER RESPONSE
TER will complete the search as
soon as practicable. On completion of the Search TER will notify the
User by telephone and confirm, if requested, by fax/letter either:
that
no Item conforming with the Prescribed Information is recorded on the
Register or on certain other databases accessed by TER at the specific
date and time that the Search was made or
that there is a possible
"match" between the Item and an Item recorded on the Register or on
certain other databases accessed by TER at the time the specific date
and time that the Search was made and that:
o TER is making further enquiries and will keep the User informed.
o TER will inform the User of the Finance Company, contact details and agreement number should the item be so registered.
5. STATUS OF SEARCH RESULT
While
every search will be conducted by TER with due care and attention, TER
does not represent and no warranty is given that the result of the
search is definitive as to either ownership or finance status and the
user acknowledges that the result of the search is indicative only as
to the status of the item. In particular, TER does not warrant that:
• All the information supplied by others for entry on the Register is accurate and/or up to date
• The accuracy of other databases accessed by TER
• That the Register and other databases accessed by TER constitute a comprehensive and/or complete record of Items
• That
a search result that no Item conforming with the prescribed information
is recorded on the Register or on certain other databases accessed by
TER confirms that an item is not stolen and/or subject to a finance
agreement
6. CONFIDENTIALITY
All information supplied by TER to
the User in consequence of a search shall be treated by User as
confidential information which is not to be published without the
consent of TER nor, without TER's consent, to be communicated to any
person.
7. AUDIT TRAIL
TER reserves the right to conduct
and record audit trails in relation to all searches and search
enquiries received by TER and to provide statistics and other
information on demand to the relevant authorities.
8. RECOVERY
In the event that a Item is confirmed
as an Item on the Register or on certain other databases accessed by
TER, the User will co-operate with TER and others so far as is
reasonable in the circumstances in the restoration of the Item to the
rightful owner.
9. JURISDICTION
The agreement governed by these
Standard Terms and Conditions is subject to English law, and any
dispute arising under the agreement will be referred to arbitration by
a single arbitrator subject to the Arbitration Acts for the time being
in force in England and shall be conducted in accordance with the rules
of the Court of International Arbitration.
10. INFORMATION PROVIDED BY THE USER
The information provided by the User on the Search Request Form is to be true to the best of the User’s knowledge and belief.