Payments invoiced for completed orders shall be due and payable upon the earlier of:
• Within 5 business days of the final close of escrow for each order; or
• 90 calendar days from the date the order is completed & delivered to the Client.
PROPLOGIX shall not be liable for payoffs and/or property findings provided to us by Associations, Sub Associations, government offices (including, but not limited to, code enforcement, building department, and utility offices), and/or Attorneys' offices that contain errors and omissions. Subject to the preceding sentence, PROPLOGIX shall be responsible for and liable to Client for losses associated with any Tax and Lien Information which was incorrectly reported on any Full Search Certificate issued by PROPLOGIX to Client (hereinafter an “Erroneous Certificate”). Within thirty (30) days of receipt of written notice from Client of the issuance of an Erroneous Certificate by PROPLOGIX (which written notice shall be accompanied by a copy of the Erroneous Certificate issued to Client, Corrected information, and an itemization of the losses, penalties, interest and court costs incurred by the Client as a result of the issuance of such Erroneous Certificate), PROPLOGIX shall determine if the error was cause d by inaccurate information provided by Associations, Sub Associations, government offices (including, but not limited to, code enforcement, building department, and utility offices), and/or Attorneys' offices or if the error was due to PROPLOGIX inaccurately reporting on the Full Search Certificate. If the error was due to PROPLOGIX incorrectly reporting on the Full Search Certificate (due to no errors from Associations, Sub Associations, government offices (including, but not limited to, code enforcement, building department, and utility offices), and/or Attorneys' offices) PROPLOGIX agrees to pay to Client the losses, penalties, interest and court costs incurred by Client as a result of the Erroneous Certificate within ninety (90) days after PROPLOGIX receives written notice of the Erroneous Certificate.
The Erroneous Certificate liability provided in this Section, hereof, shall include any errors made by employees of PROPLOGIX in the opening of an Order and locating the Property; provided, however, PROPLOGIX shall not be liable to Client if the error is the result of Client providing incorrect Required Data.
The Erroneous Certificate liability provided in this Section, hereof, shall exclude, and Client shall be solely responsible for, any loss or claim resulting from the failure of Client to read or take into account information clearly disclosed in the Full Search Certificate issued to Client by PROPLOGIX.
IN NO EVENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOST PROFITS, LOSS OF REPUTATION, INJURY TO PROPERTY, COST OF CAPITAL, COST OF SUBSTITUTE PROPERTY, OR CLAIMS FOR SUCH DAMAGE.
Disclaimer with Respect to Bulk Property Owners: Please be advised that that the property owner is a Bulk Property Owner (i.e. a property owner who/which owns numerous parcels in the subject jurisdiction). Consequently, PROPLOGIX has not performed a name search with respect to the Bulk Property Owner. As such, PROPLOGIX strongly recommends that you perform a traditional title search of the subject property (if you have not already done so) to determine if issues associated with other parcels owned by the property owner have resulted in the recordation of a lien that might encumber the subject property.
PROPLOGIX only searches the Address, Parcel ID and Owner provide on the order form. If you would like additional Addresses, Parcel ID's or Owner's searched please be advised that there will be an additional fee associated with this service. This information needs to be provided to PROPLOGIX in order for us to move forward with any additional searches.