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1. General Terms
1.1 Applicability: These Terms and Conditions apply to all services provided by UK Building Survey and Snagging Ltd. as instructed by the Client, referenced in the booking confirmation, and subject to any amendments agreed upon subsequently. This document, along with any attached correspondence, forms the contract between UK Building Survey and Snagging Ltd. and the Client.
1.2 Service Provision: The services will be delivered according to the terms specified herein, unless otherwise expressly agreed through amendments or additional agreements.
1.3 Liability of Personnel: No individual employee, director, or consultant of UK Building Survey and Snagging Ltd. holds a personal contract with the Client or owes a personal duty of care. The Client agrees not to hold such individuals personally liable in relation to the service provided.
1.4 Limitation of Liability: Should the Client incur losses due to breach of contract or negligence by UK Building Survey and Snagging Ltd., liability will be limited to a proportionate amount of the loss, considering the involvement of any third parties.
1.5 Information Reliance: Unless explicitly agreed otherwise, UK Building Survey and Snagging Ltd. will rely on the information provided by the Client or their legal/professional advisors regarding the property's tenure, tenancies, and other relevant aspects.
1.6 Inspection Accompaniment: Non-vendors are not permitted to accompany the Surveyor during inspections unless explicitly agreed upon.
1.7 Re-inspection Fees: If parts of the property are inaccessible due to external circumstances, and inclusion in the report is desired, a re-inspection fee of £150 will apply.
1.8 Exclusions: Services do not include asbestos inspections and are outside the scope of The Control of Asbestos Regulations 2012.
1.9 Inspection Standards: Inspections are conducted in accordance with RICS practice guidelines, ensuring no disruption such as moving furniture or ornaments.
1.10 Service Scope for HSS Levels: If the Client opts for HSS Level 2 with valuation, HSS Level 3, or reinstatement cost assessments, these will be included unless requiring specialist provision.
1.11 Regulatory Compliance: Matters involving specific HMO safety, space, and amenity regulations, which are complex and outside the scope of a residential L2 inspection, will not be covered unless visibly unsafe conditions are detected.
2. Fees and Payment
2.1 Payment Obligations: The Client shall pay the agreed fee as specified in the covering letter, inclusive of VAT and any expressly agreed disbursements. Full payment is required prior to the release of the final report.
2.2 Report Release: The report will not be issued until full payment has been received.
2.3 Advance Fees: Fees paid in advance are not considered client money and are not covered by the RICS client money protection scheme.
2.4 Third Party Payments: Payments may be part of a third-party commercial relationship.
2.5 Direct Quotations: This clause does not apply if the instruction originated from a Lender or Panel unless a direct quote was provided by UK Building Survey and Snagging Ltd.
3. Inspection Specifics
3.1 Materials and Construction: Unless stated otherwise, it will be assumed no hazardous materials or techniques have been used in the property's construction.
3.2 Visibility and Advice: Where visible, lead water supply pipes and asbestos will be noted with advice provided accordingly.
3.3 Environmental Hazards: Potential electro-magnetic fields from nearby transformer stations or power lines will be noted, but no assessment of their health impact will be made.
3.4 Asbestos Inspection: No asbestos inspection will be conducted, and no asbestos inspector role will be assumed during property inspections under the relevant asbestos regulations.
3.5 Assumptions: It will be assumed that uninspected parts of the property do not contain significant defects or require valuation adjustments unless indicated otherwise.
3.6 Valuation Exclusions: Valuations do not account for removable furnishings or fittings and sales incentives.
3.7 Services and Maintenance Assumptions: It is assumed that mains services and access roads are adopted; new constructions are completed satisfactorily; builders are registered and compliant with relevant schemes; and in multi-unit buildings, maintenance costs are shared proportionately without outstanding liabilities.
3.8 Non-Inspection of Fittings: Carpets, fixtures, and white goods will not be inspected.
4. Additional Provisions
4.1 Contamination Reporting: Contamination will only be commented on by appropriate specialists; if potential contamination is suspected, the importance of specialist reports will be advised.
5. Legal and Regulatory Compliance
5.1 Assumptions on Legal Compliance: It is assumed that the property is not subject to unusual restrictions; all necessary regulatory consents have been obtained; it is unaffected by adverse local search results; and its use complies with current laws, including those pertaining to leaseholds.
6. Complaints and Cancellations
6.1 Complaints Procedure: A formal complaints process is available, with details provided upon request.
6.2 Cooling-Off Period: If you have specifically ordered a survey to be provided or the inspection you have booked takes place during the 14-day cooling-off period, you will not be entitled to a refund for services already provided to you or for an inspection that has occurred before the date of cancellation, even if the 14-day period has not yet expired.
6.3 Cancellation Fees: Our cancellation policy applies both within and outside the cooling-off period as follows:
a) Early Cancellation: If you cancel within 7 days prior to the appointment date, there will be an administration fee of £200 + VAT. b) Day-of Cancellation: If you cancel on the day of the appointment, full charges for the scheduled services will apply. c) Notification Requirement: All cancellations must be notified in writing at least 1 working day prior to the appointment. Failure to notify within this timeframe will result in full charges as per 6.3 (b).
6.4 Reschedule: If an appointment is rescheduled with less than 48 hours' notice, a cancellation fee (6.3) may apply. This fee compensates for the time and resources reserved for the appointment and assists in covering operational costs.
7. Confidentiality and Disclosures
7.1 Confidentiality of Report: The report is confidential and intended solely for the Client and their professional advisors; it must not be disclosed to third parties without explicit consent.
7.2 Professional Responsibility: Responsibility for the preparation of the report lies solely with UK Building Survey and Snagging Ltd., ensuring professionalism and reasonable skill typical of the industry.
8. Legal Framework
8.1 Third-Party Rights: Liability related to the report is limited to the Client; no third- party rights are conferred under the Contracts (Rights of Third Parties) Act 1999.
9. Service Scope
9.1 Building Survey Engagements: If UK Building Survey and Snagging Ltd. is engaged to undertake a building survey, the service will include an assessment of the visible condition and repair of the property as follows:
Surveyor's Qualifications: The survey will be conducted by a surveyor who is appropriately qualified, holding credentials such as Full RPSA/Tech RPSA/RICS Associate or chartered surveyor status. The qualifications and insurance of surveyors are verified, although no further vetting of character or competence beyond these credentials is performed. Accessibility and Voids: Inspection will cover as much of the structure's surface area as is practicable, excluding areas that are covered, unexposed, or not reasonably accessible. Floors: Accessible sample loose floorboards and trap doors will be inspected unless obstructed by heavy furniture or permanent coverings. Roofs: Roof spaces will be inspected where accessible hatches allow. Hatches above stairwells may restrict access, and high roofs may only be inspected using binoculars unless safe access is provided. Boundaries and Outbuildings: The survey includes permanent outbuildings and boundary conditions but excludes leisure facilities like pools or tennis courts. Services: Only a visual inspection of accessible service installations will be conducted. The report will suggest further specialist inspections if necessary.
10. Reporting and Valuation
10.1 Market Value and Cost Assessments:
Exclusions: The report will not include a market value unless specifically agreed upon for an additional fee. It also excludes costs of any necessary repairs unless such reporting is specifically contracted. Valuation Assumptions: Valuations will be made based on the condition that both parties are acting knowledgeably and without compulsion. The valuation does not consider any potential bids from buyers with a special interest.
11. Specialist Reports and Advice
11.1 Need for Specialist Involvement: If during the inspection, the surveyor identifies potential risks or conditions requiring specialist evaluation, this will be noted, and the client will be advised to seek further expert assessments.
12. Complaints and Dispute Resolution
12.1 Complaints Handling: UK Building Survey and Snagging Ltd. operates a formal procedure to address client dissatisfaction, details of which are available upon request.
12.2 Cancellation Rights: Clients have specific rights during a 14-day cooling-off period after booking, with detailed policies on cancellations including applicable fees for cancellations within this period and thereafter.
13. Confidentiality and Data Protection
13.1 Data Handling: All client information is handled confidentially and in compliance with applicable data protection laws. Reports and client data will not be shared without the consent of the client, except as required by law.
13.2 Disclosure Restrictions: Reports are prepared exclusively for the client's use and must not be disclosed to third parties without prior written permission, except where disclosure is necessary for legal or advisory purposes.
14. Governing Law
14.1 Jurisdiction: These Terms and Conditions are governed by and interpreted according to the laws of England and Wales, and any disputes will be subject to the exclusive jurisdiction of the courts within this locale.
15. Insurance
15.1 Coverage Details: UK Building Survey and Snagging Ltd. maintains professional liability insurance that covers all surveying activities as described in these Terms and Conditions. This insurance protects against claims of professional negligence or failure to perform professional duties.
15.2 Limitations of Coverage: The insurance does not extend to deliberate misconduct or dishonesty by the surveyor. Clients are encouraged to review the scope of our insurance upon request to understand the protections it offers fully.
16. Intellectual Property
16.1 Ownership Rights: All reports, drawings, documents, and other materials produced by UK Building Survey and Snagging Ltd. as part of the survey services remain the intellectual property of the company.
16.2 Usage Rights: The client is granted a non-exclusive, non-transferable license to use the materials provided for their personal or internal business purposes related to the specific transaction for which the services were commissioned. No right is granted to the client to reproduce, distribute, or create derivative works from these materials without prior written permission from UK Building Survey and Snagging Ltd.
17. Amendments to Terms and Conditions
17.1 Notification of Changes: UK Building Survey and Snagging Ltd. reserves the right to modify these Terms and Conditions at any time. Such modifications will be effective immediately upon posting the revised terms on the company’s website or upon notification to the client.
17.2 Acceptance of Changes: Continued use of the services following any changes indicates the client’s acceptance of the new Terms and Conditions. Clients are encouraged to periodically review the Terms and Conditions to be aware of any changes.
18. Termination of Services
18.1 Termination by Client: The client may terminate the contract for services with UK Building Survey and Snagging Ltd. by providing written notice. Any prepaid fees for services not yet rendered will be refunded, subject to deductions for any costs already incurred by UK Building Survey and Snagging Ltd.
18.2 Termination by UK Building Survey and Snagging Ltd.: UK Building Survey and Snagging Ltd. reserves the right to terminate the contract if the client fails to comply with the terms set out in this agreement, including failure to pay fees or causing undue delay in the completion of the services. Notice will be provided, and any dispute will be handled as per the provisions in Clause 14.
19. Force Majeure
19.1 Non-liability for Unforeseen Events: Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, or any other event that is beyond the control of the party in question.
20. General Provisions
20.1 Severability: If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity will not render these Terms and Conditions unenforceable or invalid as a whole, and such provisions will be deleted without affecting the remaining provisions herein.
20.2 Assignment: The client may not assign, transfer, sublet, or otherwise share their rights and obligations under these Terms and Conditions without the prior written consent of UK Building Survey and Snagging Ltd.
20.3 Entire Agreement: These Terms and Conditions, together with any documents expressly referred to in them, contain the entire Agreement between the parties relating to the subject matter and supersede any previous agreements, arrangements, undertakings, or proposals, oral or written.
21. Dispute Resolution
21.1 Arbitration: In the event of any dispute between the parties concerning these Terms and Conditions, the parties will attempt to resolve the matter through negotiation, and if necessary, through arbitration before resorting to litigation.
21.2 Legal Proceedings: Any disputes not resolved by mutual agreement or arbitration will be resolved in the courts of England and Wales.
Continuing from clause 21.2, here's an extension of the Terms and Conditions to ensure comprehensive coverage of all necessary aspects:
22. Confidentiality
22.1 Confidential Information: All non-public information shared by the client with UK Building Survey and Snagging Ltd., including but not limited to personal details, property information, and project specifics, shall be considered confidential. UK Building Survey and Snagging Ltd. commits to safeguarding this information and not disclosing it to third parties without the client’s express consent, except as required by law.
22.2 Protection Measures: UK Building Survey and Snagging Ltd. will implement appropriate security measures to protect confidential information against unauthorized access, disclosure, alteration, or destruction.
22.3 Duration of Confidentiality: The obligation of confidentiality will continue even after the termination of the services until such information becomes generally available to the public through no fault of UK Building Survey and Snagging Ltd.
23. Notices
23.1 Method of Notice: Any notice or communication required or permitted to be given to the parties under these Terms and Conditions shall be in writing and delivered by hand, sent by registered mail, or email to the address that each party may specify by notice to the other.
23.2 Receipt of Notice: Notice will be deemed received when delivered personally, three days after mailing if sent by registered mail, and on the day of sending if sent by email during normal business hours.
24. No Waiver
24.1 Rights and Remedies: The failure or delay by UK Building Survey and Snagging Ltd. to exercise or enforce any right or remedy under these Terms and Conditions shall not operate as a waiver of that right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
25. Customer Feedback and Quality Assurance
25.1 Feedback Solicitation: UK Building Survey and Snagging Ltd. may request feedback from clients regarding the quality of services provided in order to improve service delivery. Participation in such feedback is voluntary but encouraged.
25.2 Quality Monitoring: UK Building Survey and Snagging Ltd. is committed to maintaining high standards of service and will regularly review client feedback and complaints as part of its quality assurance processes.
26. Modifications to Services
26.1 Service Changes: UK Building Survey and Snagging Ltd. reserves the right to modify the scope of services or the terms under which the services are provided. Any changes will be communicated to existing clients in advance and will only apply to services rendered after the notice of change.
27. Environmental Compliance
27.1 Sustainability Practices: UK Building Survey and Snagging Ltd. commits to conducting its services in an environmentally responsible manner, adhering to applicable environmental laws and regulations.
27.2 Waste Management: During on-site operations, UK Building Survey and Snagging Ltd. will manage waste generated from its activities according to the principles of reduce, reuse, and recycle, striving to minimize its environmental impact.
28. Governing Law and Jurisdiction
28.1 Applicable Law: These Terms and Conditions and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England and Wales.
28.2 Jurisdiction: The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims).
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