Abbey Inventories Terms and Conditions of Business
Definitions
“The Instructing Principal” means the person or company that has contracted Abbey Inventories to carry out the services. Instructing Principal can be any estate agent, letting agent, property management company, or any party which is instructed by the client to organise a service by our independent inventory company and the like.
“The Client” means the parties on the Tenancy Agreement – landlord, tenant, property owner or representatives of such parties.
“The Services” means the taking of an Inventory of the contents and condition of a property let to tenants and such other services in addition to, or in substitution of, them as specified.
“The Report” means a written document detailing the outcome of the provision of the Services. This could be an Inventory report, a Check-in report, a Mid-term Inspection report or a Check-out report.
“The Clerk” means the person assigned by Abbey Inventories to carry out the Services.
1. General
These are the Terms and Condition of Business for services between Abbey Inventories as an independent inventory company and an Instructing Principal and/or a Client. The commissioning of Services by an Instructing Principal on behalf of their Client or the Clients legal representative of the Client, shall be deemed acceptance of and agreement to these terms and conditions.
1.1 Abbey Inventories do not collect or store any personal information or data.
2. Confidentiality
The Client undertakes that they shall use the information provided in our Reports solely for the internal purpose of its own business and will:
2.1.Keep the information strictly confidential.
2.2.Not publish all or any part of the information.
2.3.Not divulge or disclose all or any part of the information to any third party other than for the sole purpose of property rental.
2.4.Permit access to the information only to those of its officers or employees who need to know or use the same and ensure that such officers or employees comply with the provisions above.
3. Limitation of Liability
The Client will indemnify and keep fully indemnified its employees or other agents against any third party claim or action made or instituted against any of them in respect of any losses, damages cost or other expenses in connection therewith (including without limitation any payment by Abbey Inventories on legal advice to settle any such claim or action) which is either due to the Client (by act or omission) rendering the information from the Reports inaccurate or incomplete or arises otherwise in connection with this agreement but (in connection only to the Client’s use of the Services) save to the extent that Abbey Inventories is in default.
4. Provision of Services
Abbey Inventories can receive instructions for services, via email, telephone, fax or post. If the Client appoints an Instructing Principal as their representative for services carried out by Abbey Inventories, it is the responsibility of the Instructing Principal and not that of Abbey Inventories to make the Client aware of our Terms & Conditions.
4.1. Abbey Inventories do not recognize a plea of ignorance by either the Instructing Principal or that of the Client.
4.2. The Services cannot be exchanged and pricing options are only applicable in whole.
4.3. Once an instruction has been accepted by Abbey Inventories an agreement is deemed to exist between Abbey Inventories and the Instructing Principal and errors or omissions contained within any confirmation not corrected by the Instructing Principal upon receipt be held as the liability of the Instructing Principal alone.
4.4. All Reports generated from Services delivered via any medium remain the sole property of Abbey Inventories until all fees are paid in full.
5. Fees
5.1. Acceptance of services is deemed to be an acceptance of the fees due as advertised on Abbey Inventories website which may be amended from time to time without prior notice.
5.2. The Instructing Principal shall be liable to pay all fees that fall due as a result of Services provided by Abbey Inventories within the due date stated on the presented invoice.
5.3. If the Client is not represented by an Instructing Principal the Client will pay all due fees in advance prior to the date and time of the Services.
5.4. Abbey Inventories reserves the right to apply interest charge under the Late Payment of Commercial Debts (Interest) Act 1998 for late payments for any fees more than 30 calendar days overdue from the date of invoice at the rate of 3% net added monthly. Interest will be applied both prior to and subsequent to any Court Judgement.
6. Cancellation of Services, no-show of the Client, late arrivals
6.1. Cancellation
Cancellation notices must be served on Abbey Inventories electronically (by email) in writing not less than 24hrs (twenty four hours) prior to service appointment time.
Abbey Inventories reserves the right to make a charge of the full fee of the Services value to the Client for the cancellation of a job, for whatever reason (and including mis instruction) on the day of the visit.
For late cancellations an abortive fee of 50% (fifty percent) gross invoice applies with a minimum fee of £50 GBP.
6.2. No-show
If the Client or the Instructing Principle fails to attend an appointment at the pre-agreed time for Abbey Inventories to perform services as requested, a period of 15 minutes clemency only will be permitted by Abbey Inventories, whereby the Services will be completed and forwarded to the Client or Instructing principle to sign; assuming further that the Client and or the Instructing Principle fail to attend before completion of services.
6.3. Late arrivals
Abbey Inventories reserves the right to make a charge of £35.00 per half hour (30 minutes) for waiting time at the property beyond the confirmed time for the assignment due to late arrival of a Tenant or Agent, incorrect notified location of keys or documentation, or any other delay in gaining access to the property beyond the control of the Clerk.
6.4. Any discrepancies provided in the initial instruction passed to Abbey Inventories by the Client or the Instructing Principle which results in the Services being performed again, will be treated as a separate request for Services and will be invoiced at full cost.
7. Safety & Security
In booking the Services the Instructing Principle confirms, that the property where the Services are to be performed is in sound and safe condition complying with the health and safety executive risk assessment policy. The Instructing Principle must ensure that properties booked for the Services are free from Tenants and/or Landlord possessions unless these possessions are deemed as included within the report. The Clerk has the right to abort the Services if the property is occupied or holds items that are not to be included within the Report.
Abortive fee of 50% (fifty percent) gross invoice applies with a minimum fee of £50 GBP where the property is unfit or unsafe for entry.
8. Property sizes
Property sizes and fees advertised on Abbey Inventories website are based on the following:
1-bed property – 1 hallway, 1 bedroom, 1 reception, 1 bathroom, 1 kitchen and 1 storage/boiler room
2-bed property – 1 hallway, 2 bedrooms, 1 reception, up to 2 bathrooms, 1 kitchen and 1 storage/boiler room
3-bed property – 1 hallway, 3 bedrooms, 1 reception, up to 2 bathrooms, 1 kitchen and 1 storage/boiler room
4-bed property – 1 hallway, 4 bedrooms, 1 reception, up to 2 bathrooms, 1 kitchen and 1 storage/boiler room
Larger properties are based on individual pricing. Abbey Inventories reserve the right to add £10 to the price of the Report for each additional room.
Properties that are furnished over and above the industry standard, of which ‘industry standard' is the opinion of Abbey Inventories, will be charged an additional 30% on the current scale of fees with a minimum additional fee of £50 GBP.
9. Hours of Business
Abbey Inventories business hours are:
Monday to Friday – 9am – 6pm
Saturday – 9am – 1pm
Assignments required outside Abbey Inventories business hours may attract an additional charge on the current scale off fees.
Weekends and Public Holiday assignments will be considered on merit by negotiation.
10. Distance
For jobs outside of a 10-mile radius of your local office, we reserve the right to charge 0.50p per mile against the job.
11. Force Majeure
11.1. Abbey Inventories shall not be liable for any delay in, or failure of, performance of obligations under these Terms and Conditions arising from any cause beyond “our” reasonable control including any of the following: act of God, strikes, lockouts or other industrial disturbances, acts of public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lighting, earthquakes, fire, storm, civil disturbances, terrorism, governmental or quasi-governmental regulations and directions and any other cause not within the reasonable control.
11.2. In the event that the obligations of either party are suspended (as aforesaid) by reason of force majeure for a period in excess of 30 days then either party to this agreement may on giving written notice to the other terminate this agreement.
12. Disputes
12.1. Abbey Inventories reserves the right not to attend Court for any disputes arising out of a changes to the property assessment between the Clients if the Instructing Principal did not attend a check-in appointment or sign on behalf of the Client. Abbey Inventories cannot independently verify any time lapse between the completions of the Inventory report and the Check-in date. It has to be acknowledged that some alterations (any amount of damage, items removed or added) to the property may occur within this period.
12.2. Provided that the original Inventory report for the Services has been signed by Abbey Inventories on behalf of the Client, Abbey Inventories may be willing to attend court to argue damage and deductions assessments on termination of a tenancy. Abbey Inventories reserves the right to charge a fee for this representation.
12.3. In the event of a dispute between the Clients where fees have not been paid to Abbey Inventories for Services performed as requested by the Instructing Principle, then any documented Reports remain the property of Abbey Inventories and cannot be legally used without the written consent of Abbey Inventories in a Court of Law.
13. Complaints
Any circumstances allegedly giving cause for complaint about Services provided or an invoice, must be notified by the Client or Instructing Principal on behalf of the Client within 3 (three) working days of the Services being completed or of the receipt of Reports or invoice. The same must be confirmed in writing no later than 7 (seven) working days from the date the cause of the alleged complaint arises. Abbey Inventories will at its sole discretion investigate the matter of the complaint and take action as necessary.
14. Services
The Reports prepared by Abbey Inventories are intended as an independent and informative guide to the Client about the condition of any decorations, fixtures, fittings, furniture and contents of a property being offered for rental by the Landlord or The Instructing Principle. The Reports enable items to be visually identified only. No attempt has been made to identify any item by its original manufacturer, material or the period in which it was produced.
The Clerk preparing the Report is not an expert on fabrics, woods, materials, antiques, etc., nor a qualified surveyor. The Inventory report should not be used as a structural survey report.
Abbey Inventories do not accept any responsibility for any error or omission of data within a Report. All items on the Inventory are assumed to be in good, clean and undamaged condition unless otherwise stated.
The Report relates only to furniture, furnishings and items of the Landlord’s equipment and contents in the property. It is no guarantee of, or Report on, the adequacy of, or safety of any such equipment or contents. It is merely a documented record that such items exist within the property, at the date of the Inventory make and the superficial condition of the same.
The compliance with Fire & Safety Regulations regarding Furnishings, Gas, Electrical and similar services and any other relevant current UK regulations are ultimately the responsibility of the Instructing Principal, the owner and/or the managing agent not Abbey Inventories.
Electrical, gas and other appliances and items will not be tested and Abbey Inventories cannot be held responsible for any faults, etc. The report does not provide a guarantee of or safety of any appliances or items. All electrical items are considered complete with plugs, bulbs, flexes etc, unless otherwise specified. Abbey Inventories will check for bulbs not working only.
During the inspection of the property the Clerk will not move items of furniture or similar and the Report will be based upon the visible condition of the decorations, fixtures, fittings and household effect.
Inaccessible areas and loft spaces will not be inspected or listed on the Report. Lofts, basements, cellars are the sole responsibility of the Landlord and their contents will not be inspected and listed in the Inventory. Nor will the Clerk undertake to search through overcrowded drawers or cupboards to locate items.
Plants, cleaning materials, toilet paper, vacuum cleaner bags, spare light bulbs, magazines etc are considered perishable items and will not be listed on the Report.
All measurements given are approximate. All colours within the Report are to mean description of colour only and not that of any metals.
Floor coverings, rugs and carpets will be inspected to the extent that they are sufficiently clean and any staining, soiling and defects noted.
Bed linen, towels and similar items will be inspected to check that they have been freshly laundered, pressed and then counted.
Heavily soiled items will be checked at the discretion of the Clerk.
Mattresses will be inspected where accessible and will not be examined if the bed is made up. For the inspection, The Clerk will not move mattresses, bed bases and heavy items of furniture or similar.
Abbey Inventories reserves the right not to handle nor move valuable ornaments. The Report will be based upon the visible condition of the fixtures.
Abbey Inventories will not include in the Inventory, numbers and titles of books, plants, consumables, and items that are packed for storage or miscellaneous items other than garden equipment.
Windows are only checked to ensure that they are clean with no visible broken glass. It is the responsibility of the Tenant to report any non-opening windows to the Landlord/the Agent.
Intruder alarms and smoke detectors will be listed but won’t be tested.
Upon termination of the tenancy any furniture and all small items must be returned to the same place and in the same room as described on the Report. Abbey Inventories reserves the right to apply an additional charge when unnecessary time is incurred, because the Clerk is unable to locate any items that have been moved during the tenancy and have not been put back in their original position.
At the termination of the tenancy, receipts may be required for items that have to be professionally cleaned.
15. Keys
Abbey Inventories cannot accept responsibility for any lost or unaccounted keys.
16. Utility Meters and Meter Readings
16.1. The Instructing Principal and/or Client are responsible for the security and meter usage pre and post the Service.
16.2. Meter readings will be read and noted at the Check-in and at the Check-out appointments only. It is the Instructing Principal's responsibility to state the locations of any such meters and to provide access to be read.
16.3. If unaware of, unable to locate or has unreasonable access to meters, the meters will remain unread. Abbey Inventories will not revisit the property at a later stage on behalf of the Client or Instructing Principal to read a meter.
17. Delivery of the Reports
Abbey Inventories will endeavour to deliver to the Instructing Principal the assignment Reports by electronic means within 3 (three) working days of the performed Services date and time.
All Services performed by Abbey Inventories, delivered by electronic means remain the intellectual property of Abbey Inventories.
Required hard copy documents may be printed, copied, or retained, but may not be electronically copied, altered, or retained without the written permission of Abbey Inventories.
The Instructing Principal and/or the Client are responsible for checking the Reports on delivery by electronic means. Any dispute over content or description must be registered with Abbey Inventories within 7 (seven) working days of the receipt of the reports by e-mail.
18. Modifications of the Services and the Prices
Abbey Inventories reserves the right to amend any part of the Services and/or pricing at their sole discretion in line with future market changes or market fluctuations, including legislation modifications deemed appropriate by Abbey Inventories.
Modifications to the above will be applied following notification to existing customers in writing electronically or otherwise within 10 (ten) working days of any amendments by Abbey Inventories and will apply to ongoing services booked by the Instructing Principle.
19. Dilapidations
On termination of the tenancy the Report is rechecked and any changes and/or variations will be reported to the Instructing Principal or the Client. The Check-out Report will indicate, in the Clerk’s opinion, as to whether there is any liability on the Tenant, or whether such deterioration could be assessed as Fair Wear and Tear. Fair Wear and Tear is assessed on the length of the tenancy and the type of occupancy, noting that certain items receive higher usage.
Abbey Inventories acknowledge that the terms of the tenancy agreement may overrule the opinion of the assessor.
20. Regulations
All regulations published by the Department of Trade and Industry Trading Standards and/or similar bodies are the ultimate responsibility of the Instructing Principal or the Landlord.
20.1. In matters concerning the Gas Safety (Installation and Use) Regulations 1994, amended by statutory 1996 and the Regulations re-enact 1998, the Report may note that a certificate has been seen, This does not constitute or provide meaning through interpretation or otherwise, that the records can be authenticated by the Clerk. It is not a statement that items affected by the regulation are considered to comply with the current regulations. It is merely a documented note by the Clerk that a certificate existed on the date of the Service.
20.2. In matters concerning the Electrical Equipment Safety Regulations 1994 and the Plugs and Sockets Safety Regulations 1994 if the Clerk notes that a certificate has been seen, this does not constitute or provide meaning through interpretation or otherwise, that the records can be authenticated by the Clerk. It is not a statement that items affected by the regulation are considered to comply with the current regulations. It is merely a documented note by the Clerk that a certificate existed on the date of the Service.
20.3. Where the Report states “F.F.R. label seen” this should not be interpreted to mean that the item complies with the Furniture & Furnishings (Fire) (Safety) (Amendments) 1993. It is a record that the item had a label as described or similar to that detailed in the Guide published by the Department of Trade & Industry, March 1996 (or subsequent date), attached at the time the Service. It is not a statement that the item can be considered to comply with the Regulations.
21. Commission
It is possible that in the normal course of business, Abbey Inventories will be offered commissions by third parties to whom we might introduce business, for example insurance brokers or tradesman (cleaners, electricians, gas engineers etc.). We wish to make it clear that we do not solicit such commissions and we select such third parties on what we know of their competence and/or availability and not because of their willingness to offer inducements. If, however, they do offer Abbey Inventories a commission or other form of remuneration and we are satisfied that the service they provide is as good or equals value for money with whom they compete, and that our Clients interests are therefore not adversely affected, then we may accept such commissions for our own benefit and not account for them to our Clients or Instructing Principal.
22. Insurance
Abbey Inventories and the Clerks assigned carry appropriate Public Liability and Professional Indemnity insurance. Details are available on request.
23. Exclusions of Liability and Indemnity
In the event that the Instructing Principal and/or the Client give Abbey Inventories instructions which are followed in good faith and which turn out to be unlawful or to result in an unlawful act or otherwise give rise to any kind of claim the Instructing Principal and/or the Client will provide Abbey Inventories with full indemnity for all penalties, damages, costs and legal expenses whatsoever which may occur as the result of following the instructions.
24. Law and Jurisdiction
This Terms and Conditions of business shall be governed by English Law in every particular including formation and interpretation and shall be deemed to have been made in England. Any proceedings arising out of or in connection with this Contract may be bought in any Court of competent jurisdiction in England whose Courts shall have exclusive jurisdiction.
25. Variation
No variation to these terms will be effective unless agreed in writing by an authorised signature of Abbey Inventories.
26. Modifications of these Terms and Conditions
Abbey Inventories reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. The Instructing Principal and/or the Clients are therefore responsible for regularly reviewing these Terms and Conditions and additional terms or notices posted on Abbey Inventories website. The continued access of Abbey Inventories website by the Instructing Principal and/or the Clients shall be deemed conclusive acceptance of the modified agreement.
27. Disclaimer of Warranty and Limitation of Liability
This website and related information is provided by Abbey Inventories on an “as is” and “as available” basis. Abbey Inventories makes no expressed or implied warranties, representations or endorsements of any kind, or as to the operation of this website or the information, content, material, or products included on this website. Abbey Inventories does not warrant that this website, its servers, or email sent from Abbey Inventories are free of viruses or other harmful components. You expressly agree that your use of the website is at your sole risk.
To the full extend permissible by applicable law, Abbey Inventories disclaims all warranties, expressed or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose.
Abbey Inventories will not be liable for any claim arising from the use of this website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
Abbey Inventories makes reasonable efforts to include accurate and up-to-date information on this website. Abbey Inventories assumes no liability or responsibility for any typographical or other errors or omissions in the content of this website. In the event that a product is listed at an incorrect price or with other incorrect information Abbey Inventories shall have the right to refuse or cancel any orders placed for the product listed incorrectly.
28. Waiver and Remedies
The failure to exercise or delay exercising any right or remedy provided by these Terms and Conditions does not constitute a waiver of the right of remedy or waiver of other rights of remedies. A waiver of a breach of any of the terms of these Terms and Conditions does not constitute a waiver of any other breach and shall not affect other terms of these Terms and Conditions. A waiver of a breach of any of these Terms and Conditions will not prevent a party from subsequently requiring compliance with the waived obligation.
29. Copyrights
The contents of Abbey Inventories website www.abbeyinventories.co.uk is, unless otherwise stated, the property of Abbey Inventories and contains confidential information and is therefore protected by international copyright laws. All rights in respect of that copyright are reserved. No part of the website may be copied or reproduced by you save for the temporary copies on the website made for the purpose of downloading.
30. Entire Agreement
These Terms and Conditions represent the entire understanding relating to the use of the Services and supersede all other statements, representations or warranties (whether written, made by email or oral) made by Abbey Inventories. Nothing in these Terms and Conditions shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. We reserve any rights not expressly granted in these Terms and Conditions.