CC Ltd

Terms & Conditions

Standard terms & conditions

 

 

Contents

  1. Definitions. 2
  2. Scope. 2
  3. Work. 2
  4. Payment. 2
  5. Cancellation. 2
  6. Turnaround Times. 2
  7. Obligations and Responsibilities. 2
  1. Liability. 3
  2. Indemnity. 3
  3. Force Majeure. 3
  4. Insurance. 4
  5. Marketing Floor Plans. 4
  6. Photography. 4
  7. Time Bar. 4
  8. Jurisdiction and Law.. 4

1. Definitions

“Surveyors ” is the term for Surveyor, Photographer, and Consultants trading under these conditions.

“Client” is the party at whose request or on whose behalf the Surveyor undertakes surveying and photography services.

“Report” means any report or statement supplied by the Surveyor in connection with instructions received from the Client.

“Disbursements” means the cost of all reasonable surveys, photography, reproduction of drawings, diagrams, sketches and printing, duplicating and, where applicable, electronic transmission fees, and all reasonable and appropriate expenses including travel, subsistence and hotel accommodation where an overnight stay is necessary.

“Fees” means the fees charged by the Surveyor/Photographer to the Client and including any value-added tax where applicable and any Disbursements.

2. Scope

The Surveyor shall provide its services solely following these terms and conditions.

3. Work

The Client will set out in writing the services which it requires the Surveyor to provide. The Surveyor will confirm in writing that it accepts those instructions or what services it will perform in connection with the Client’s instructions. Once the Surveyor and Client agree on what services are to be performed (the Services), any subsequent changes or additions must be agreed by both parties in writing.

4. Payment

The Client shall pay the Surveyor Fees punctually following these Conditions and in any event not later than the specified date on the invoice, or in such other manner as may have been agreed in writing between the parties. Any delay in payment shall entitle the Surveyorto interest at 8% above the Base Lending Rate of the Bank of England prevailing at the time of default.

5. Cancellation

50% of the full cost will be required if this order is canceled within 24 hours of the site visit, we cannot take responsibility for incorrectly placed orders.

6.Turnaround Times

Turnaround times begin at the time of receiving payment, not at the time of placing the order unless invoice terms have been pre-arranged with us.

 

7. Obligations and Responsibilities

(a) Client: The Client undertakes to ensure that full instructions are given to the Surveyor and are provided insufficient time to enable the required services to be performed effectively and efficiently and to procure all necessary access for the Surveyor to goods, premises, vessels, installations, and transport and to ensure that all appropriate safety measures are taken to provide safe and secure working conditions. The Surveyors hall not be liable for the consequences of late, incomplete, inadequate, inaccurate, or ambiguous instructions.

If the property is different than described when providing the quote or is out of a 10% tolerance in the floor area, the quote will need to be revised.

(b) Surveyor: The Surveyor shall use reasonable care and skill in the performance of the services following sound surveying practice.

(c) Reporting: The Surveyor shall submit a final written report to the Client following completion of the agreed Services describing the Surveyor findings and the condition and/or quality of the object and/or purpose of the assignment, unless otherwise expressly instructed by the Client not to do so.

(d) Confidentiality: The Surveyor undertakes not to disclose any information provided in confidence by the Client to any third party and will not permit access to such information by any third party unless the Client expressly grants permission save where required to do so by order of a competent court of law.

(e) Property: The right of ownership in respect of all original work created by the Surveyor remains the property of the Surveyor.

(f) Access to all rooms and areas of the property are essential; we are not held liable if restricted in our duties by no entry on the day. There will be additional fees incorporated in revisiting properties.

(g) Conflict of Interest/Qualification: The Surveyor shall promptly notify the Client of any matter, including conflict of interest or lack of suitable qualifications and experience, which would render it undesirable for the Surveyor/Photographer to continue its involvement with the appointment. The Client shall be responsible for payment of the Surveyor Fees up to the date of notification.

8. Liability

(a) Without prejudice to Clause 7, the Surveyor shall be under no liability whatsoever to the Client for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect and howsoever arising UNLESS same is proved to have resulted solely from the negligence, gross negligence or wilful default of the Surveyor or any of its employees or agents or sub-contractors.

(b) In the event that the Client proves that the loss, damage, delay or expense suffered was caused by the negligence, gross negligence or wilful default of the Surveyor aforesaid, then, save where loss, damage, delay or expense has resulted from the Surveyor personal act or omission committed with the intent to cause same or recklessly and with the knowledge that such loss, damage, delay or expense would probably result, the Surveyor’s liability for each incident or series of incidents giving rise to a claim or claims shall never exceed a sum calculated the Surveyor’s charges. (Please ensure that a reasonable figure is placed here, taking into account your fees, the likely consequences of your mistake, your insurance cover etc. – the aim is to have a “reasonable” figure so that if it is challenged as being unreasonable, you will be able to justify it).

(c) Without prejudice to (a) and (b) above, the Surveyor shall not be liable for loss of or damage to physical equipment and property placed at its disposal by, or on behalf, of the Client however such loss or damage occurs, unless such loss or damage was caused by act or omission committed with intent to cause some or recklessly with the knowledge that such loss or damage would probably result.

9. Indemnity

Except to the extent and solely for the amount therein set out that the Surveyor would be liable under Clause 6, the Client hereby undertakes to keep the Surveyor and its employees, agents and sub-contractors indemnified and to hold them harmless against all actions, proceedings, claims, demands or liabilities whatsoever or howsoever arising which may be brought against them or incurred or suffered by them, and against and in respect of all costs, loss, damages and expenses (including, but not limited to, legal costs and expenses on a full indemnity basis) which the Surveyor may suffer or incur (either directly or indirectly) in the course of the Services under these Conditions.

10. Force Majeure

The Surveyor and/or the Client shall not, except as otherwise provided in these Conditions, be responsible or have any liability for any loss, damage, delay or failure in performance hereunder arising or resulting from act of God (including, but not limited to earthquake, flood, tsunami, volcano, hurricane, tropical storm, cyclone, blizzard or another similar event), act of war, terrorist attack, nuclear contamination, seizure under legal process, epidemic quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions and arrest or restraint of princes, rulers or people. Following a force majeure event, either party may serve notice on the other to terminate the agreement.

11. Insurance

The Surveyor shall effect and maintain, at no cost to the Client, Professional Liability Insurance for such loss and damage for which the Surveyor may be held liable to the Client under these terms and conditions.

12. Marketing Floor Plans

Please be aware that marketing floor plans are for illustrative and aesthetic purposes only; these measurements are for initial guidance only and should not be relied on for valuation purposes or used for the description of the property. If you require more accurate measurements, we have a service specifically for that purpose.

13. Photography

Photography for a property requires the property to be in the state that the Client wishes it to be photographed. If a property is unclean, developed, refurbished, or renovated, you will be invoiced for the time,and a revisit will be chargeable.

14. Time Bar

Any claims against the Surveyor by the Client shall be deemed to be waived and time-barred upon the expiry of one year from the submission date of the Report to the Client. All evidence will be kept for ten years, reports five years and photography for two years.

15. Jurisdiction and Law

These Conditions shall be governed by and construed following the laws of England and Wales, and any dispute shall be subject to the exclusive jurisdiction of the English Courts.