Terms & Conditions of Business

Confirmation of Appointment

We refer to your instruction received requiring The Surveyor to carry out and to prepare and deliver a Survey Report on the Subject Property. The Survey Report will be either a RICS Home Survey Level 2 Report (formerly known as an RICS HomeBuyer Report) or a RICS Home Survey Level 3 Report (formerly known as an RICS Building Survey) or a bespoke report as set out in the Instruction Email. The type of report will be specified in the separate Instruction Email for which you will have confirmed acceptance of the Terms of Engagement. We accept the instructions only on the basis that the scope, purpose, and conditions of the report are as set out in the Instruction Email and the Terms and Conditions for the Survey Report.

The Service

These Terms and Conditions of Engagement should be referred to and used in conjunction with the Instruction Email, setting out the Client name and Subject Property address, instruction type, reason for instruction and fee/price agreed. The Surveyor details are included in the Instruction email and these Terms as per below
The Survey Report requires disclosure of any previous business relationship we may have with you, your property, or your selling agent. If appropriate, disclosure has been made. The scope and extent of the inspection is detailed in the Description of Service, inclusive of the Terms and Conditions. The Survey Report will be prepared by a suitably qualified Surveyor in an objective way regarding the condition of the Property on the date of the inspection, and who is a member of the Royal Institution of Chartered Surveyors (RICS) holding one of the membership grades: AssocRICS, MRICS, or FRICS.
We are required by RICS to seek formal confirmation from you that you are satisfied that the Survey Report Terms and Conditions meet your requirements, and these will be deemed as accepted by you upon your written confirmation to proceed.
The Survey Report does not include:

• a valuation

• buildings insurance reinstatement

• cost estimates

These services can be provided as an additional service and are subject to additional terms and conditions and fees.

Unless otherwise agreed in writing the services we provide are for the benefit only of the party to whom these terms and conditions are sent and as specified in the accompanying appointment letter. A person who is not a party to our appointment has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of our appointment.

Definitions

The Company/we/us/our:

Cooper Davies Surveying Ltd

The Surveyor:

Benjamin Davies of Cooper Davies Surveying Ltd

The Client/you/your:

The person or persons detailed in the Instruction email providing instructions for the Service and Survey Report to be provided for their own use. In this context, The Client and the customer have the same meaning.

Instruction Email:

The type of report will be specified in the separate Instruction Email for which you will have confirmed acceptance of the Terms of Engagement. This is the email communication to set out the details of the Service and Survey Report to be undertaken. We accept the instructions only on the basis that the scope, purpose, and conditions of the report are as set out in the Instruction Email and the Terms and Conditions for the Survey Report.

Property:

An interest in a self-contained domestic dwelling as defined by The Town and Country Planning (Use Classes) Order 1987 (as amended) being classified as Use Class C3 which may also include small HMOs within Use Class C4. In the context of the Service and the Property to be inspected, property is also referred to and defined as The Subject Property as specified in the Instruction Email.

Subject Property:

The Property interest which is physically inspected in performing the Service and carrying out the Survey Report which is detailed in the Instruction Email.

Survey Report:

The report undertaken by the Surveyor, the format of which will follow a template as set out in the attached documents “Description of the RICS Home Survey – Level 2 (survey only)”; “Description of the RICS Home Survey – Level 2 (survey and valuation)”; or “Description of the RICS Home Survey – Level 3”, as applicable. There is no set template for bespoke reports.

Description of Service:

The Royal Institution of Chartered Surveyors (RICS) publication documents which describe the extent of service for the RICS Home Survey Level 2 Report service and the RICS Home Survey Level 3 Report service.

The Service:

The Service provided by the Company to provide The Client with a Survey Report which may include Valuation advice as an additional service.

RICS Monitoring:

The Surveyor is regulated by the Royal Institution of Chartered Surveyors, (RICS).

Complaints

The Company operates a Complaints Handling Procedure in accordance with RICS guidelines. A copy is available upon request.

A. GENERAL TERMS

1) The Client wishes The Company to provide the Survey Report being an opinion of condition of The Subject Property interest as specified by the Client.

2) Subject to additional and agreed instructions to the effect, The Surveyor shall provide to The Client an opinion of value within The Survey Report based upon an inspection of The Subject Property by The Surveyor who shall be: a member of the Royal Institution of Chartered Surveyors (RICS),

3) Introduction: These Terms of Engagement set out the conditions upon which we accept instructions, and will apply in all cases unless any other arrangement is confirmed in writing by The Company.

4) Appointment: The Client appoints The Surveyor to provide The Survey Report, exercising reasonable skill and care.

5) Performance Standards: The Surveyor confirms that the survey will be carried out in accordance with the best practice guidelines for RICS professionals carrying out a RICS Home Survey Level 2 Report service and the RICS Home Survey Level 3 Report service or other bespoke report.

6) Liability and Duty of Care. The Surveyor owes to the Client a duty to act with reasonable skill and care in providing The Survey Report and complying with the Client’s instructions where those instructions do not conflict with these terms or applicable laws and professional rules.

The Company and The Surveyor have no liability for the consequences, including delay in or failure to provide The Service or The Survey Report, of any failure by The Client or any agent of The Client: promptly to provide information or other material reasonably requested, or where that material is inaccurate or incomplete, or to follow our advice or recommendations.

We confirm that we hold professional indemnity insurance in respect of The Survey Report to be provided.

7) The Surveyor. The Survey Report is to be provided by an AssocRICS, MRICS or FRICS qualified member of the Royal Institution of Chartered Surveyors, who has the skills, knowledge and experience to survey and report on the Subject Property.

8) Report Delivery. Post inspection, We aim to deliver the report within 5 working days. In an exceptional scenario, the report may take longer. The report will be sent to the Client’s email address (or other agreed email address as applicable). The Company and The Surveyor cannot be held liable for any loss arising due to the delay in Report delivery.

9) The Client’s Obligations. The Client shall pay The Company within 10 working days of the issue of the report.

Our fee invoices are due for payment in full on presentation, in sterling and without any deduction, set off abatement or counterclaim. In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, we reserve the right to charge interest at 8% above the Bank of England's base rate on any fee invoices that are not paid within 21 days from the date of issue.

If you disagree with, or have queries about, a fee invoice we request that you notify us within 10 working days from the invoice date, after which time we will assume that you have agreed its content.If you do dispute any part of the invoice and so notify us, you shall nonetheless pay all items which you do not dispute pending resolution of the balance.

Please note that such fee will not be treated by RICS as Client money and will not be subject to the protection of the RICS Client Money Protection Scheme. The Client will be responsible for the timely provision of all information and reasonable cooperation, including that from third parties engaged directly by the Client, required by the Company and the Surveyor to assist in the performance of The Service and delivery of The Survey Report. We will assume that the information provided is complete and correct.

B. TERMS & CONDITIONS RELATING TO RICS HOME SURVEYS

1) Scope of the Inspection

a) Generally, The Surveyor will consider his or her advice carefully, but is not required to advise on any matter the significance of which in relation to The Subject Property is not apparent at the time of inspection from the inspection itself.

b) The Surveyor will inspect diligently, but is not required to undertake any action which would risk damage to the Property or injury to themselves.

c) The Surveyor will not undertake any structural or other similar calculations.

i) Areas not Inspected The Surveyor will identify any areas of The Subject Property which could not be adequately accessed or inspected during the inspection (relative to the RICS Home Survey Level 2 Report service and the RICS Home Survey Level 3 Report service standard scope of inspection specification), and as such these details are referred to in The Survey Report.

In the event that The Surveyor is requested to re-visit The Subject Property to inspect areas that The Surveyor was unable to inspect during the original visit, due to reasons beyond The Surveyor’s control, an additional fee will be payable.

ii) Flats or Maisonettes Unless otherwise agreed, The Surveyor will inspect only the subject flat and garage (if any), the related internal and external common parts and the structure of the building or particular block in which the subject flat is situated. Other flats will not be inspected. The Surveyor will state in the report the limits of access and/or visibility in relation to the common parts and structure. The Surveyor will state whether he or she has seen a copy of the lease and, if not, the assumptions as to preparing obligations on which he or she is working.

iii) Environmental and Other Issues

(1) Particular noise and disturbance affecting The Subject Property will only be noted if it is significant at the time of the inspection or if specific investigation has been agreed between The Surveyor and The Client and confirmed in writing.

(2) The Surveyor will report on any obvious health and safety hazards to the extent that they are apparent from elements of The Subject Property considered as part of the inspection.

2) Ground Conditions

The Surveyor will not be required to comment upon the possible existence of noxious substances, landfill or mineral extraction, or other forms of contamination.

3) Consents, Approvals and Searches

a) The Surveyor will be entitled to assume that The Subject Property is not subject to any unusual or onerous restrictions, obligations or covenants which apply to The Subject Property or affect the reasonable enjoyment of The Subject Property.

b) The Surveyor will be entitled to assume that all planning, building regulations and other consents required in relation to the Property have been obtained. The Surveyor will not verify whether such consents have been obtained. Any enquiries should be made by the Client or the Client's legal advisers. Drawings and specifications will not be inspected by the Surveyor unless otherwise previously agreed.

c) The Surveyor will be entitled to assume that The Subject Property is unaffected by any matters which would be revealed by a Local Search and replies to the usual enquiries, or by a Statutory Notice, and that neither The Subject Property, nor its condition, its use or its intended use, is or will be unlawful.

4) Content of the Survey Report

The content of The Survey Report will be as per the RICS standard template for RICS Home Survey Level 2 Report service and the RICS Home Survey Level 3 Report service. The description of the service document “Description of the RICS Home Survey – Level 2 (survey only)”; “Description of the RICS Home Survey – Level 2 (survey and valuation)”; or “Description of the RICS Home Survey – Level 3” have been provided to you with our confirmation of instructions by electronic mail in The Instruction Email. For bespoke reports, the content of the report will be as discussed and agreed with the Surveyor.

5) a) Before the Inspection

This period forms an important part of the relationship between the Surveyor and the Client. The commissioned Surveyor will use reasonable endeavours to contact the Client to understand particular concerns about the property and explain (where necessary) the extent and/or limitations of the inspection and report.

b) After the inspection

The commissioned Surveyor will use reasonable endeavours to contact the Client after the inspection to discuss the major points and issues found. The content of this conversation will not in any way override the content of the report. The report will take precedence in all cases.

6) Limitations

Where advice or opinions are required outside the reasonable professional skill and expertise of the Surveyor, he or she will advise you on the need for further specialist involvement where we consider this to be necessary for the completion of your instruction(s).

7) Insurance Rebuilding Cost Assessment

The Surveyor will not provide an insurance rebuilding cost assessment.

8) Force Majeure

Whilst every reasonable effort will be made to carry out the inspection at the date/time agreed, we cannot be held liable for any losses caused by matters outside our control, such as, but not exclusively: Surveyor illness; traffic/vehicle delay/breakdown; extreme weather conditions; or vendor unavailability.

9) Miscellaneous

a) Unless expressly provided, no term in the agreement between the Surveyor and the Client is enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person other than the Surveyor or the Client.

b) The Surveyor shall, unless otherwise expressly agreed, rely upon information provided to the Company or the Surveyor by the Client or the Client’s legal or other professional advisers relating to relevant matters.

c) Any document resulting from a survey or other inspection of a building will not purport to express an opinion about or advise upon the condition of un-inspected or concealed parts and should not be taken as making any implied representation or statements about such parts.

d) Where the Client has instructed the Surveyor to make investigations which cause damage to the Subject Property on the basis that the Client has obtained the owner’s consent, the Client will indemnify the Surveyor against any loss or costs or liabilities arising.

e) The Client may only rely upon the Surveyor’s advice and report for purposes described in the Instruction Email, particulars of which have been communicated to the Surveyor in writing, and if the Client wishes to rely upon such advice and The Report for any other purpose, The Client may only do so with specific written consent of The Company and The Surveyor. These Terms and Conditions are based on the model Terms and Conditions of Engagement contained in the RICS guidance note.

f) External Cladding Panels and Fire Safety – Composite external panels which incorporate insulating material between inner and outer external wall faces such as aluminium composite material (ACM) panels have been extensively used in recent years as external cladding. Some panel cladding systems incorporate combustible insulation materials. The type of insulation and any fire checking of the panel system cannot be identified from a visual inspection. Where the existence of such panels has been reported, the type of insulation and installation is outside the scope of The Survey Report. Other elements of the Property and building will also have a bearing on overall fire safety, including, fire doors, fire stops in wall cavities, escape routes, alarms and fire suppression systems. Such matters are outside the scope of The Survey Report. For buildings of more than two storeys it is essential that the Fire Safety Certificate, (EWS1), is supplied. For buildings of two storey height or less the Surveyor will make the assumption that the cladding system is satisfactory. It is the responsibility of The Client to have any materials tested and if found to be not in compliance, The Client should make all necessary enquiries prior to any legal or financial commitment.

g) Asbestos and other hazardous materials: The construction of buildings, fixtures, fittings and plant or equipment may contain hazardous materials. Such materials are impossible to detect without specific tests and are beyond the scope of The Survey Report. No guarantee is given that such materials are not incorporated in any part of the property or fixtures. The service does not include an asbestos inspection and it falls outside The Control of Asbestos Regulations 2012.

10) Limitation of Liability

RICS recommends the use of liability caps to members to manage the risk in valuation and survey work. Our aggregate liability arising out of or in connection with this service, whether arising from negligence, breach of contract or any cause whatsoever, shall in no event exceed 15% of the Market Value of The Subject Property at the date of inspection, or the purchase price in relation to this report (whichever is the lesser). We will not be responsible for the first £2,000.00 of any claim. This clause shall not exclude liability for death or personal injury caused by our negligence.

The Survey Report is provided for The Clients use only, and we cannot accept responsibility if it is used or relied upon by anyone else, any other or third parties, unless this is expressly agreed by The Company and The Surveyor, in writing beforehand. None of the employees of The Company, partners or consultants, individually, has a contract with you, The Client, or owes you a duty of care or personal responsibility. You agree that you will not bring any claim against any such individuals personally in connection with the Services. For avoidance of doubt, the liability caps set out here also apply to valuations provided as an additional service

a) The Company and/or The Surveyor shall under no circumstances whatsoever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for loss of profit or any indirect or consequential loss, of any failure by the Client or any agent of the Client: promptly to provide information or other material reasonably requested, or where that material is inaccurate or incomplete, or to follow our advice or recommendations.

b) None of the Company’s employees, officers, partners, affiliates or consultants individually has a contract with the Client or owes the Client or the prospective purchaser or vendor or any other party a duty of care or personal responsibility. The Client agrees not to bring any claim against any such individuals personally. To the extent that any part of this notification is a restriction of liability within the meaning of Section 1 of the Unfair Contract Terms Act 1977, it does not apply to death or personal injury resulting from negligence or fraudulent misrepresentation.

c) These Terms of Engagement do not include any warranties, conditions and other terms except as stated herein and as required by law. The Survey Report and any associated valuation will be provided after diligent consideration and research, but property values are subject to fluctuation and the valuation process is inexact and thus the Surveyor’s opinion is subject to a degree of tolerance depending on the property and the availability of comparable evidence. Valuations are provided to assist the Client in making a prudent decision; they are not provided as any form of guarantee or warranty of value.

d) Where loss is suffered by the Client for which the Company, the Surveyor and/or any other third party are jointly responsible, any recoverable loss by the Client from the Company will be proportionate to the Company’s relative contribution to the loss suffered and subject to the provisions of this clause 10.

e) Where the Client is composed of more than one entity, then each such entity's liability shall be joint and several.

f) The Client acknowledges that the Surveyor shall have no liability for any inaccuracy in the Survey Report or service provision where this is due to an inaccuracy in the Information provided by the Client or third parties.

g) The terms implied by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this Contract and the Survey Report.

h) This Clause 10 shall survive termination of this contract.

i) The Client’s failure to follow the requirements set out in these Terms and Conditions will invalidate the Survey Report and service provision.

j) Nothing in these conditions shall limit or exclude the Company’s liability for:

i) Death or personal injury caused by its negligence, or the negligence of its officers, employees, agents, subcontractors or consultants;

ii) Fraud or fraudulent misrepresentation.

k) If the Client has agreed to accept reimbursement of the fee paid, or the Company’s fee account has not been settled within two months of the date of the invoice, then it is agreed that the Client has placed no reliance on the Survey Report (including a valuation produced therein) and thus the Client or any permitted assignees will not be entitled to pursue any action for alleged negligence, breach of contract or breach of duty. This does not limit the Company’s entitlement to the agreed fee.

l) All telephone or verbal discussions are prone to misinterpretation or misunderstanding by either party, especially in the interpretation of instructions, legal, technical or descriptive matters; as such no reliance may be placed by the Client upon any such discussions unless agreed outcomes are formally confirmed in writing by an authorised officer of the Company.

C. COST ESTIMATES PROVIDED AS AN ADDITIONAL SERVICE

We can provide cost estimates as an additional service to the Level 3 building survey service, subject to an additional fee.

These are indicative costs only and the purpose of providing them is to give initial guidance to help you in your purchasing decision. Actual costs may vary depending on economic factors at the time.

Costs estimates may also be provided in bands as follows:

Band A - £1,000 to £2,000

Band B - £2,000 to £5,000

Band C - £5,000 to £10,000

Band D – 0ver £10,000

Items below £1,000 will be deemed as not significant in the context of making a decision to purchase the property.

You must obtain your own cost estimates in writing from suitable building specialists and/or contractors before exchange of contracts so that you are aware of all costs before you make a legal commitment to purchase. Cost estimates must include VAT and any applicable professional fees. Should you exchange contracts before obtaining estimates from such contractors then you will proceed at your own risk. The Surveyor and Houzecheck Ltd will not be liable for any variation in costs between The Surveyor’s estimates and the actual costs provided by contractors or ultimately by way of expenditure in addressing the issues highlighted by the cost estimates provided.

D BUILDINGS INSURANCE REINSTATMENT COST PROVIDED AS AN ADDITIONAL SERVICE

The Surveyor can provide a building insurance reinstatement cost as an additional service to the Level 2 homebuyer service, subject to an additional fee.

The reinstatement cost is the cost of rebuilding a property including demolition of the original building, temporary support of adjoining buildings where applicable, materials, labour, professional fees and Local Authority charges. It includes sums for boundaries, drainage and significant outbuildings. The reinstatement cost will be reported as a single figure, not as a detailed schedule of all costs.

Specialist installations such as swimming pools are excluded.

The Surveyor cannot provide reinstatement costs for Listed Buildings as this requires a detailed specialist assessment, which is beyond the scope of the Level 2 service.