These terms and conditions apply to the Services to be provided for and on behalf of Commercial Surveyors Direct Limited (“the Surveyor” or “us”) in accordance with the instructions received from the client named in the attached letter of engagement (”the Client” or ”you”). Both the attached letter and these terms and conditions form the basis of the contract between the Surveyor and the Client.
- The provision of the Services shall be governed by and construed in accordance with English Law and the English Courts shall have jurisdiction with regard to all matters arising therefrom.
- None of the Surveyor’s employees, directors or consultants individually has a contract with the Client or owes the Client an individual duty of care or personal responsibility. The Client agrees that they shall not bring any claim against any such individuals personally in respect of any loss which the Client may suffer or incur arising out of or in connection with the Services.
- The Surveyor will, unless otherwise expressly agreed, rely upon information provided by the Client and/or the Client’s legal or other professional advisers relating to tenure, tenancies and other relevant matters.
- The valuation or building survey may be investigated by the RICS for the purposes of administering the Institution’s conduct and disciplinary regulations.
- If the Client is constituted of more than one person or entity, such persons or entities shall be jointly and severally liable to the Surveyor under this contract notwithstanding any separate agreement between such persons or entities as to how costs will or may be shared. For the avoidance of doubt, this means that the Surveyor will be able to require (i) any person or entity comprising the Client or (ii) all persons or entities comprising the Client to pay any outstanding amounts due to the Surveyor. Instructions may be treated as from the Client if given by any one person or entity comprising the Client unless expressly instructed otherwise in writing to the Surveyor by all persons or entities comprising the Client.
- We take pride in providing our clients with an excellent service. However, in the unlikely event of dissatisfaction, we have a complaint handling procedure, in accordance with RICS requirements, a copy of which will be provided on request.
- The Client shall arrange access for the Surveyor to the Property or Properties in respect of which the Services are to be performed.
- The Client shall supply to the Surveyor without charge and within reasonable time and in any event no more than five days after the date of the attached letter (and in all cases no later than the date of the inspection, time being of the essence), all necessary and relevant data and information in the possession of the Client or known to him that may be relevant to the Services and shall give such assistance as shall be reasonably be required by the Surveyor in the performance of the Services.
- Where relevant to the Services, the Client shall give the Surveyor adequate notice of any danger or hazard which might cause death or injury to their employees and of which the Client is or ought reasonably to be aware.
- The Surveyor will not inspect any area that in their opinion is unsafe.
- The Client agrees to pay the Surveyor the fee set out in the letter attached. In addition, where appropriate, the Client will reimburse the Surveyor for the cost of all reasonable disbursements or out of pocket expenses which the Surveyor may incur within 7 days of the Surveyor’s written request. All fees and expenses shall be subject to VAT at the prevailing rate.
- Payment of the fee must be received no later than two working days prior to the inspection date. Where payment is not received the Surveyor, may, at its sole discretion cancel the inspection and charge the Client the full survey costs.
- Payment can be made via bank transfer, quoting our EU reference number above. Detailed below are our account details:
Natwest Bank – Hornchurch
Account Name – Commercial Surveyors Direct Ltd
Sort Code – 60 24 77
Account No – 28400844
- The Surveyor also reserves the right to charge an additional fee of £250.00 plus VAT for each additional site visit if the Surveyor should need to return to the Property to inspect a part where no access was initially provided e.g. a garage.
Limitation of Liability
- The Surveyor’s aggregate liability arising out of, or in connection with, the Services, whether arising from negligence, breach of contract, or any other cause whatsoever, shall in no event exceed Three Million Pounds. The Surveyor shall have no liability to the Client for consequential or indirect losses or loss of profits or opportunity. This clause shall not exclude or limit any liability which cannot lawfully be limited or excluded. In particular, this clause does not limit liability for fraud, nor for causing death or personal injury.
- If the Client commences proceedings against the Surveyor for loss and there is another person or third party who is liable, or potentially liable, to the Client in respect of the same loss or damage, the Client agrees that it will, if requested by the Surveyor, join them into the proceedings, subject always to any legal prohibition against any such joinder.
- Without prejudice to the limit of the Surveyor’s liability set out in clause 14, should the Client suffer loss as a result of any breach of contract or negligence on the part of the Surveyor, the Surveyor’s liability shall be further limited to a just and equitable proportion of that loss having regard to the extent of responsibility of any other party. The Surveyor’s liability shall not increase by reason of any shortfall in recovery from any other party, whether that shortfall arises from the terms of any agreement between the Client and them, the Client’s difficulty in enforcement of any other cause.
- The Surveyor will advise in the report prepared as part of the Services if the Property is in an area where, based on information published by the National Radiological Protection Board, there is a risk of radon. In such cases the Surveyor will advise that tests should be carried out to establish the radon level. The Services do not include a report or survey on levels of radon.
Consents, Approvals and Searches
- The Surveyor will assume that the Property is not subject to any unusual or onerous restrictions or covenants which apply to the structure or otherwise affect the reasonable enjoyment of the Property.
- The Surveyor will assume that all bye-laws, Building Regulations and other consents required in relation to the existence and/or use of the Property have been properly obtained. In the cases of new buildings, and alterations and extensions which require statutory consents or approvals, the Surveyor will not verify whether such consents have been obtained. Any enquiries should be made separately by the Client or his legal advisers. Drawings and specifications will not be inspected by the Surveyor.
- The Surveyor will assume that the Property is unaffected by any matters which would be revealed by a Local Search (or their equivalent in Scotland and Northern Ireland) and replies to the usual enquiries, or by a Statutory Notice, and that neither the Property, nor its condition, its use, or its intended use, is or will be unlawful.
- 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 any element of the Service already provided to you or an inspection which has taken place before the date of cancellation, even if the 14-day period has not expired.
- Our cancellation policy is relevant within as well as outside the 14-day cooling off period and is as follows:
- We will grant a 100% refund if the booking is cancelled within 5 full working days prior to the inspection taking place.
- If cancelled within less than 5 full working days before the inspection a refund of 75% will take place.
- No refund will be granted if the inspection has already taken place.
- The report to be provided shall be confidential to the Client. It may be disclosed to the Client’s professional advisers and the mortgagees, insurance brokers and companies where it has been prepared for loan security purposes, but it shall not be disclosed to any other person, nor reproduced in whole or in part without the prior written consent of the Surveyor.
- The Surveyor will provide the Services exercising a reasonable standard of skill and care.
- A person that is not party to this agreement has no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any terms of the agreement. The Client may not assign this contract nor any of its rights under this contract to any other party and nor shall any third party be entitled to rely on any report provided as part of the Services without the written consent of the Surveyor in its absolute discretion.
THE FOLLOWING ADDITIONAL CONDITIONS ALSO APPLY IF YOU HAVE COMMISSIONED A VALUATION
- The Surveyor will express their opinion of the value/rental value of the freehold/leasehold interest in the Property as specified by the Client, as at the date of the inspection (or agreed historic date) in £ sterling.
- The report to be provided as part of the Services in accordance with the Client’s instructions is a valuation and not a Building Survey. It will not include any commentary on the general state of repair or condition of the Property unless such matters are relevant to the value of the Property.
- The date of valuation is to be the date of inspection unless stated otherwise.
- In making the report, the Surveyor will meet the relevant requirements of the RICS Valuation – Global Standards 2017 (provided that if there is any conflict between such RICS requirement and these conditions, these conditions shall prevail) or their successors and will make the following assumptions, which the Surveyor will be under no duty to verify:
- That vacant possession is provided (unless an Investment Valuation is required);
- That planning permission and statutory approvals for the buildings and for their use, including extension or alterations, have been obtained;
- That no deleterious or hazardous materials or techniques have been used;
- That the Property is not subject to any unusual or especially onerous restrictions; encumbrances or outgoings and that good title can be shown;
- That no contaminative or potentially contaminative uses have ever been carried out in the Property and that the Surveyor has not investigated into past or present uses either of the Property or of any neighbouring land to establish whether there is any contamination or potential for contamination to the subject Property from these uses or sites, and have therefore assumed that none exists;
- Whilst the Surveyor shall have regard to the apparent state of repair and condition of the property, the Valuer will not carry out a survey of the structure, nor will the Surveyor inspect woodwork of any other parts of the structure which are covered, unexposed or inaccessible. The Surveyor will not arrange for the testing of electrical, heating or other services and the drains will not be exposed. Thus, the Surveyor will be unable to report that any such parts of the structure or service installations are free from defects which may materially affect the value. No warranty as to the general condition or stability of the Property can be given or implied because of these factors.
- That in the case of a new property the construction of which has not been completed, the construction will be satisfactorily completed; and
- That in the case of a newly constructed property, that there has been compliance with Buildings Regulations.
Assessment of Value
- Where the report relates to a valuation, unless otherwise specifically agreed, the figure given will represent market value which is defined as 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.
- Subject as provided in these conditions, the Surveyor shall carry out such inspections and investigations as are, in the Surveyor’s professional judgement, appropriate and possible in the particular circumstances.
THE FOLLOWING ADDITIONAL CONDITIONS ALSO APPLY IF YOU HAVE COMMISSIONED A BUILDING SURVEY OR SCHEDULE OF CONDITION
- Based on an inspection, the Surveyor will advise the Client by means of a written report as to his opinion of the visible condition and state of repair of the Property.
- The report prepared as part of the Services will not include a market value of the Property unless specifically agreed between the Surveyor and Client at extra cost.
- Subject as hereinafter provided, the Surveyor shall carry out such inspections and investigations as are, in the Surveyor’s professional judgement, reasonable, appropriate and possible in the particular circumstances.
- Accessibility and Voids – The Surveyor will inspect as much of the surface area of the structure as is practicable but will not inspect those areas which are covered, unexposed or not reasonably accessible.
- The inspection will be undertaken in accordance with the RICS Practice Standards – Building surveys and technical due diligence of commercial property.
- Areas not inspected – The Surveyor will identify any areas which would normally be inspected but which he was unable to inspect and indicate where he considers that access should be obtained and, furthermore, the Surveyor will advise on possible or probable defects based on evidence from what he has been able to see.
- The Surveyor will state in his report any restrictions on accessibility to the common parts or visibility of the structure. The Surveyor will state whether he has seen a copy of the lease and, if not, the assumptions as to repairing obligations on which he is working. The Client is reminded that the object of the inspection is to give guidance on the general standard of construction and maintenance, pointing out those items which may require attention in the future and not to list those minor points which would normally be taken care of in the course of routine maintenance.
Deleterious and Hazardous Materials
- Unless otherwise expressly stated in the report, the Surveyor will assume that no deleterious or hazardous materials or techniques have been used in the construction of the Property. However, the Surveyor will advise in the report if, in his view, there is a likelihood that high alumina cement (HAC) concrete has been used in the construction and that, in such cases, specific enquiries should be made or tests carried out by a specialist.
- Lead water supply pipes and asbestos will be noted, and advice given, if these materials can be seen but it must be appreciated that such materials are often only visible after opening up and such opening up does not form part of the Services.
- The Surveyor will advise if there are transformer stations or overhead power lines which might give rise to an electro-magnetic field, either over the subject Property or visible immediately adjacent to the Property, but the Surveyor cannot assess any possible effect on health. The Surveyor will not report on any underground cables.
- The Surveyor will be provided with the current Health and Safety file for the Property. If this is not available, the Surveyor may terminate the inspection once on site, if he thinks there are present any hazardous situations of which he has not been reasonably informed.
- The Surveyor will be provided with the current Asbestos Register for the Property. If this is not available, the Surveyor may terminate the inspection once on site, if he thinks there are present any hazardous materials of which he has not been reasonably informed.
- The Surveyor prior to their arrival on site will be provided with information regarding any special risks, which may require specific Personal Protective Equipment (PPE), over and above the normal safety footwear, high visibility wear and gloves, etc. If there is insufficient PPE then the Surveyor may terminate the inspection immediately.
- The Surveyor will not comment upon the existence of contamination notwithstanding that the Surveyor may recommend that the Client appoints a specialist environmental surveyor.
- Where the report is a reinstatement calculation, all figures should be indexed annually for a period of no more than five years of rebuild costs using the most suitable Tender Price Index. Thereafter, an updated report should be obtained.
- Unless specifically stated to the contrary, any budgetary opinion offered by the Surveyor on works the Client may need to have done, is to be regarded as a broad guidance only and the Client will need to obtain firm quotations for work required. Budgets estimated by the Surveyor will be exclusive of VAT and Professional Fees.