Terms & Conditions

In A Nut Shell (Surveyors and Valuers) Ltd 

 

1 DEFINITIONS

 

The following expressions shall have the following meanings:

 

1.1 “Surveyor” means In a (Nut Shell Surveyors and Valuers) Ltd, Registered Office Mousehill Rough, Sandy Lane Milford Surrey GU8 5BL;

 

1. 1. “Client” means any person who instructs the Surveyor to provide the Services;

 

1.3 “Inspection” means the inspection of the Property for the purpose of preparing the Report;

 

1.4 “Report” means the survey report produced as a result of the Inspection;

 

1.5 “Property” means the building and other relevant areas to be inspected by the Surveyor and reported on to the Client;

 

1.6 “Application” means the documents sent by the Client instructing the Surveyor to inspect the Property and prepare the Report;

 

1.7 “Date of Instruction” means the date the Services commence as stated in the Application Form;

 

1.8 “Services” means the surveying services as described in the Application Form and in these Terms and Conditions;

 

1.9 “Market Value” means the estimated amount for which a property should exchange on the date of valuation between a willing buyer and a willing seller in an arm’s-length transaction after proper marketing wherein the parties had each acted knowledgeably, prudently and without compulsion;

 

1.10 “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by the Surveyor;

 

1.11 “Agreement” means the contract between the Surveyor and the Client for the provision of the Services incorporating these Terms and Conditions.

 

2 GENERAL

 

2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by the Surveyor to the Client and shall supersede any other documentation or communication between parties.

 

2.2 Any variation to these Terms and Conditions must be agreed in writing by the Surveyor.

 

2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Surveyor may be entitled in relation to the Services, by virtue of any statute, law or regulation.

 

3 APPLICATION 

 

3.1 The Application will form an exchange of correspondence or emails to which these Terms and Conditions are attached.

 

3.2 The Application Form for Services shall remain valid for a period of 60 days.

 

3.3 The Application must be accepted by the Client in its entirety. 

 

3.4 The Agreement between the Surveyor and the Client, incorporating these Terms and Conditions, shall only come into force when the Surveyor confirms acceptance in writing to the Client. 

 

4 SERVICES AND DELIVERY

 

4.1 The Services are as described in the Application and in these Terms and Conditions.

 

4.2 Any variation to the Services must be agreed by the Surveyor in writing.

 

4.3 The Services shall commence on the Date of Instruction as specified in the Application and continue until the Services have been delivered or until terminated in terms of this Agreement.

 

4.4 Dates given for the delivery of Services are estimates only and not guaranteed. Time for delivery shall not be of the essence of the Agreement and the Surveyor shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery.

 

5 REPORT

 

5.1 The Report shall advise on the Market Value of the Property and the suitability of the Property for lending purposes. The Report is not a building survey.

 

5.2 The interest in the Property for the purpose of the valuation is as indicated on the Application Form.

 

5.3 The valuation will include fixtures and fittings normally associated with the type of property but excludes personal effects and chattels.

 

5.4 The Report shall be delivered within an agreed time from the Date of Instruction.

 

5.5 The Report is for the sole use of the Client and their appointed professional advisors only. The Client must not disclose the contents or any part thereof to any other third party without the written permission of the Surveyor.

 

6 INSPECTION

 

6.1 The Surveyor shall conduct the Inspection diligently but is not required to undertake any action that would risk damage to person or property.

 

6.2 The Surveyor shall carry out such investigations as are, in the Surveyor’s professional judgement, appropriate and possible in the particular circumstances.

 

6.3 The Surveyor shall inspect as much of the surface area as is possible but will not inspect those areas that are covered, inaccessible or unexposed.

 

6.4 The Surveyor shall not test, or arrange for testing of the electrical, heating, plumbing, drainage or other services.

 

6.5 The Surveyor shall rely upon information provided by the Client and/or the Client’s legal or other professional advisers relating to tenure, tenancies, planning and other relevant matters.

 

7 ASSUMPTIONS

 

The Surveyor is entitled to make the following assumptions, which they will have no duty to verify:

 

7.1 that no harmful or hazardous material has been used in the construction of the property, or has since been incorporated, and that there is no contamination in or from the ground and that it is not land filled ground;

 

7.2 that good title can be shown and that the property is not subject to any unusual or especially onerous restrictions, encumbrances or outgoings;

 

7.3 that the property and it’s value are unaffected by any matters which would be revealed by a local search, replies to the usual enquiries or by any statutory notice, and that neither the property, nor it’s condition, use or intended use is, or will be unlawful;

 

7.4 that the inspection of those parts which have not been inspected would neither reveal material defects nor cause the Surveyor to alter the valuation materially;

 

7.5 that no radon gas is present at the property.

 

8 PRICE AND PAYMENT

 

8.1 The price for Services is as specified in the Application.

 

8.2 The terms for payment are as specified in the Application or as below.

 

8.3 All direct costs and expenses incurred by the Surveyor in connection with the provision of the Services will be re-charged at cost or according to standard charges as described in the Application and are payable by the Client on production of the appropriate receipts.

 

8.4 The Client must settle all payments for Services within 30 days from the invoice date.

 

8.5 The Client will pay interest on all late payments at a rate of 4% per annum above the base lending rate of HSBC Bank.

 

8.6 The Surveyor is also entitled to recover all reasonable expenses incurred in obtaining payment from the Client where any payment due to the Surveyor is late.

 

8.7 The Client is not entitled to withhold any monies due to the Surveyor.

 

8.8 The Surveyor is entitled to vary the price to take account of:

 

8.8.1 any additional Services requested by the Client which were not included in the original Application Form;

 

8.8.2 any additional work required to complete the Services which was not anticipated at the time of the Application Form;

 

8.8.3 any reasonable increase in hourly rate, if applicable;

 

and any variation must be intimated to the Client in writing by the Surveyor.

 

9 CLIENT OBLIGATIONS

 

9.1 The Client agrees to cooperate with the Surveyor and shall provide any support, information and facilities to the Surveyor as may be required.

 

9.2 The Client is responsible for securing all necessary consents and approvals to enable the Surveyor to carry out the Services.

 

9.3 The Client shall ensure that any person supervising the Inspection is over 16 years of age.

 

10 SURVEYOR OBLIGATIONS

 

10.1 The Surveyor shall supply the Services as specified in these Terms and Conditions and in the Application Form.

 

10.2 The Surveyor shall be a Chartered Surveyor.

 

10.3 The Surveyor shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice.

 

10.4 The Surveyor shall hold adequate professional indemnity insurance.

 

10.5 The Surveyor shall comply with any obligations determined by the Data Protection Act 1998.

 

11 TERMINATION

 

11.1 The Agreement shall continue until the Report has been delivered or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.

 

11.2 The Client may terminate the Agreement if the Surveyor fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 30 days after notification of non-compliance is given.

 

11.3 The Surveyor may terminate the Agreement if the Client has failed to make over any payment due within 30 days of the sum being requested.

 

11.4 Either party may terminate the Agreement by notice in writing to the other if:

 

11.4.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or

 

11.4.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or

 

11.4.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or

 

11.4.4 the other party ceases to carry on its business or substantially the whole of its business; or

 

11.4.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

 

11.5 In the event of termination the Client must make over to the Surveyor any payment for work done and expenses incurred up to the date of termination.

 

11.6 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.

 

12 DISPUTE RESOLUTION

 

12.1 In the event that the Client has a complaint regarding the standard of service that has been provided a formal complaint handling procedure shall be followed.

 

12.2 A copy of the Surveyor’s complaint handling procedure is available on request.

 

12.3 Any action under the complaint handling procedure will not affect the Client’s legal rights.

 

13 WARRANTY

 

Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.

 

14 LIMITATION OF LIABILITY

 

14.1 The Services are intended for the Client only. No liability is assumed towards any other party and nothing in the Agreement shall confer or purport to confer on any third party a benefit or right to enforce any provision of these Terms and Conditions.

 

14.2 The Surveyor shall not be liable under any circumstances to the Client or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Client howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

 

14.3 Nothing in these Terms and Conditions shall exclude or limit the liability of the Surveyor for death or personal injury, however the Surveyor shall not be liable for any direct loss or damage suffered by the Client howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the professional indemnity insurance policy held by the Surveyor in the insurance year in which the Clients claim is first notified.

 

14.4    Liability Cap: The RICS recommends the use of Liability caps to members as a way to manage the risk in valuation work. In A Nut Shell’s aggregate liability arising out of, or in conjunction with the services provided, whether   arising from negligence, breach of contract, or any other cause whatsoever, shall in no event exceed a multiplier of 10 against the net fee payable by you for the surveying services. This clause shall not exclude or limit our liability for actual fraud, and shall not limit In A Nut Shell’s liability for death or personal injury caused by negligence.  (Ref: Risk Liability and Insurance in Valuation Work,  RICS  Guidance January 2013). 

 

15 INDEMNITY

 

The Client shall indemnify the Surveyor against all claims, costs and expenses which the Surveyor may incur and which arise directly or indirectly from the Clients breach of any of its obligations under these Terms and Conditions.

 

16 FORCE MAJEURE

 

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

 

17 ASSIGNMENT

 

The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Surveyor.

 

18 RELATIONSHIP OF PARTIES

 

Nothing in the Agreement shall be construed as establishing or implying a partnership or joint venture between the parties or suggest that either of the parties are agent for the other.

 

19 THIRD PARTY RIGHTS

 

Nothing in these Terms and Conditions intend to or confer any rights on a third party.

 

20 SEVERANCE

 

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

 

21 WAIVER

 

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.

 

22 NOTICES

 

Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Application Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.

 

23 ENTIRE AGREEMENT

 

These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral. 

 

24 GOVERNING LAW

 

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.