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Terms & Conditions of Business

Excelsior Property Inventories (hereafter referred to as the “Company”) provides Property Inventory and associated services (hereafter individually referred to as  “Service Assignments” where appropriate) to Letting Agents/Landlords (hereafter referred to as “Clients”) in connection with properties specifically made available for letting purposes. (See end for full glossary of terms)

Services

1. Inventory

1.1     Full property Inventory consisting of a comprehensive and appropriately detailed listing of all Landlord fixtures, fittings etc, consisting, but not exclusively, wall coverings, floor coverings, windows, doors, skirting boards, door frames, window cill boards, door and window furniture, kitchen fitments, kitchen appliances (gas, electric or other fuel), lighting fittings (including bulbs), window accessories (ie curtains, blinds, rails, poles, tiebacks and the like), electrical socket outlets (including tv, telephone or other connection points), light switch points (including any accessories) bathroom fittings, shower cubicles and fitments, mirrors, and the like, central heating boiler and accessories (ie timer/programmer etc), radiators and the like.

1.2     If property is let fully furnished this will additionally include all furniture, consisting, but not exclusively, chairs, settees, cushions, side tables, lamps, stools, soft furnishings, kitchen table/chairs, kitchen utensils, table coverings and linenware, beds, bed coverings, side tables, dressing tables, wardrobes, and the like.

1.3     Available keys will be identified, confirmed for location and operation and listed accordingly.

1.4     All service meters (gas, electric and water) will be listed (including the meter number for identification and verification purposes) and readings taken on date of Inventory.

1.5     Operating and Servicing manuals for equipment will be listed, if made available.

1.6     A single photographic record of each room will be taken for identification purposes only. Additional photographs will be taken at the Company’s discretion, particularly where damage or soiling is extensive.

1.7     A full photographic survey of the property can be provided where specifically requested, at additional cost (See separate Pricing List available on request).

1.8     All comments against listed items within the Inventory will be limited to a visual inspection only of the item. The Company furnishes no guarantee or warranty as to the adequacy or functionality of any equipment, electrical or gas (or other fuel) appliances, and accepts no liability in respect of same.

1.9     A declaration/signature page will be incorporated within the document in addition to notes and instructions concerning the Inventory purpose and tenant instructions.

1.10  Smoke detectors will be tested for functionality and duly recorded.

2. Check In

2.1      One of the Company representatives will meet with the incoming tenant to inspect the property condition, utilizing the Inventory previously produced as a means of identification and verification of location and condition of items therein.

2.2      One copy of the Inventory will be forwarded to the incoming tenant prior to the Check-in inspection date, subject to tenant address notification and time-frame of Check-in date, to facilitate Check-in expediency.

2.3   Any adjustments to the Inventory will be noted and initialed by all parties present. Keys and manuals will be handed-over to the tenant upon signature of the Check-in declaration agreement.

2.4   One copy of the signed Check-in document will be retained by the tenant. The second copy will be scanned into software and retained electronically by the Company online at our website (www.excelsiorpropertyinventories.co.uk) Client Section, thus being available 24/7. The signed paper copy will be forwarded to the Letting Agent or Landlord, as appropriate.

3. Interim Inspection

3.1   At a designated period during the tenancy, typically three-monthly, one of the Company’s representatives will meet with the tenant to carry out an inspection of the property.

3.2   The inspection will not consist of an item by item check of the Check-in document, but will consist of an observation meeting to note any problems/difficulties/issues encountered by the tenant and to report on the overall condition of the property to the Letting Agent/Landlord to instigate appropriate remedial or other action.

3.3  A written report will be scanned into software and retained electronically by the Company online at our website (www.excelsiorpropertyinventories.co.uk) Client Section, thus being available 24/7. The paper copy will be forwarded to the Letting Agent/Landlord, as appropriate.

4.  Check-out

4.1    One of the Company representatives will meet with the outgoing tenant to inspect the property condition, utilising the Check-in previously produced, along with any adjustments made during Interim Report inspections, noting any differences in condition, quantity etc, allowing always for fair wear and tear.

4.2    Final meter readings will be taken in respect of all utilities and recorded accordingly. Property keys and operating manuals will be handed-over by the tenant to our representative, any discrepancies being noted.

4.3    The Check-out declaration will then be signed by all parties present.

4.4    The signed Check-out document will be scanned into software and retained electronically by the Company online at our website (www.excelsiorpropertyinventories.co.uk) Client Section, thus being available 24/7. The signed paper copy will be forwarded to the Letting Agent/Landlord, as appropriate. The property will be locked and secured and keys returned to the Letting Agent/Landlord.

4.5    In the event that the tenant decides to vacate the property without arranging the required Check-out inspection, or selects to not attend such appointment, the Company will carry out the Check-out as if the tenant were in attendance, and carry out the procedure as noted in the foregoing paragraphs.

5. Fees/Payment

5.1    The Company will provide the Services specified in Clauses 1-4 in accordance with the current Pricing List (see separate document) as varied from time to time at the Company’s absolute discretion.

5.2    The  Client will pay the fees for the Service Assignments as listed.

5.3    The Client will pay the fees within 14 days of the date of the invoice, unless otherwise stated or agreed elsewhere.

5.4    The Company reserves the right to make a charge for any additional expenses incurred by the Company as a result of Client error (including incorrect keys supplied).

5.5   The Company reserves the right to apply statutory interest charges for late payments for any fees that remain outstanding more than 14 days after the date payment is due, that is from 28 days from the date of the invoice. Interest will be applied both prior to and subsequent to any Court Judgment, where applicable.  An appropriate administration charge will also be levied commensurate with the amount outstanding and the numeracy and manner of the recovery steps taken.

5.6    In the event that the Company’s services cannot be delivered, due to circumstances outwith the Company’s control, and 24 hours notice has not been given to the Company of any alteration in service provision, an abortive visit charge of £45.00  (plus VAT) will be made, irrespective of whether or not the circumstances are beyond the Client’s control. (See Clause 9 for details)

5.7.   The Company representative will remain at a property for no longer than 30 minutes after an agreed appointment time with Client or tenant. Such failure to attend in this time period will thus be deemed as an abortive visit and thus subject to the abortive visit charge noted at 5.6

5.8     Properties that are furnished over and above the industry standard, of which ‘industry standard’ is the reasonable opinion of the inventory clerk, will be charged an additional 20% upon the current scale of fees.  Any such situation will be discussed by the Company with the Client before levying any additional charges.

5.9    The Company reserves the right to deviate from the Price List for any property not of reasonable proportions, quoting custom prices at the time of booking, or agreed fee by negotiation either before or after completion of an Assignment.

5.10  All reports generated from services provided, delivered via any medium remain the sole property of the Company until all fees are paid in full.

6. Credit Accounts/Reference Checks

6.1     By accepting these terms and conditions the Client authorises the Company, to carry out approved credit checks as it deems fit. Upon approval of a credit account the Company will write and advise the Agent of the credit limit available to them.

6.2    The Company reserves the right to reduce credit limits or withdraw them totally in the future, at its sole discretion, but not vexatiously, in which case 7 days written notice will be given.

6.3     In the event of a credit limit being totally withdrawn, for whatever reason, payment of all monies outstanding from the Client become immediately due to the Company and must be paid within 7 days from the date of the written notice.

6.4     Should the Client no longer require a credit account with the Company, the Client may cancel the agreement at any time by giving 7 days written notice and clearing all outstanding monies due to the Company, by the end of the 7 daynotice period.

6.5    New Client’s unable to supply credit references may be serviced on a cash-on- Service Assignment pro-forma basis only. This will be reviewed regularly and credit facilities may be offered in due course under our normal terms and conditions.

6.6    We do not store details of any credit or debit card information on our servers, files or otherwise, should these be made available to us.

7. Complaints

7.1   Any circumstances allegedly giving cause for complaint about our services provided or any invoice submitted, must be notified to the Company by the Client within 3 working days of the services/invoice being completed or issued and confirmed in writing no later than 7 working days after the cause of the alleged complaint arises.

7.2   The Company will thoroughly investigate the alleged reasons for the complaint and notify the Client accordingly, no later than 7 working days thereafter.

7.3   Should the matter not be resolved to the entire satisfaction of both parties, the matter may be submitted for ADR resolution to the appropriate officiating body or other means as decided mutually by the parties.  If the parties are unable to mutually agree upon an acceptable resolution route, the Company reserves the right to choose the course of action necessary to effect settlement.

8. Booking Instruction/Conditions

8.1   The Company will accept an instruction for a Service Assignment via its on-line booking service only.

8.2   The Company will upon receipt of an instruction via the on-line booking service, within a reasonable period of time, and certainly not later than 24 hours after receipt, acknowledge said instruction and the Company’s acceptance or otherwise.

8.3   Once an instruction is acknowledged a contractual agreement is deemed to exist between the Company and the Client.

8.4   No Service Assignment can be scheduled for the day upon which the booking is made. Timeslots (day and time) available will be displayed at the booking entry point. Dates/times not shown indicate unavailability for booking a Service Assignment.

8.5  In order to maintain our high-class service, whilst we will continue to endeavour to complete a Service Assignment within the same working day of the scheduled booking this timeframe is not guaranteed. However, we do guarantee that the full documentation will be available on-line via the Client Section by mid-day (1.00pm) the next working day.

8.6  Where emergency same-day commencement/completion  of a Service Assignment is requested, we reserve the right to add a premium charge of £30 to our current pricing structure. This will be required to accommodate additional staff resource requirements.

9. Cancellations/Aborted/Waiting Time

9.1   The Company reserves the right to make a full charge to the Client for the cancellation of a Service Assignment if this is less than 24 hours before the intended date and time.

9.2   A nominal fee of £45 (plus VAT where appropriate) will be levied should the Service Assignment be aborted, for whatever reason outside of the Company’s direct control, including, inter alia, but not exclusively:

  • mis-instruction, after the Company representative has arrived at the property at the designated and agreed appointment time
  • incorrect notification of location of keys or documentation
  • incorrect property keys
  • inability of access to the property due to construction or other works
  • inability of access due to unfit or unsafe entry

Holiday Assignments may be considered by separate negotiation.

10. Regulations

10.1    Compliance with all regulations published by the Department of Trade and Industry/Trading Standards and/or similar bodies in respect of any item, appliance or service within the  property is the sole responsibility of the Client.

10.2   The Gas Safety (Installation and Use) Regulations 1994, amended by Statutory Regulation 1996, and The Regulations Re-enact 1998 – when the Report notes that an appropriate certificate has been seen, this does not mean, neither can it be construed, that any records seen have been authenticated by the Company.  The Company issues no warrant, nor can one be implied, that the item can be considered as complying with the required regulations but serves merely as a documented record that the certificate existed on the date of the inventory.

10.3   The Electrical Equipment (Safety) Regulations 1994 and The Plugs & Sockets etc (Safety) Regulations 1994 – when the Report notes that an appropriate certificate has been seen, this does not mean, neither can it be construed, that any records seen have been authenticated by the Company. The Company issues no warrant, nor can one be implied, that the item can be considered as complying with the required regulations but serves merely as a documented record that the certificate existed on the date of the inventory.

10.4   Where the Inventory (or other) Report notes ‘FFR label seen’, this does not 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 guides published by a regulatory or similar organisation at the time of the inventory.

11. Safety & Security

11.1    It is understood and implied by the Company’s acceptance of an instruction that the property relating to said instruction is in sound and safe condition, posing no risk whatsoever to the health or safety of Company representative.

11.2    Clients must ensure that properties booked for inventories are not occupied by tenants or landlords and/or their possessions unless the possessions are to be included within the report. The Company representative has the right to abort the visit should it be discovered that a property is either occupied or full of items that are not to be included within the inventory.

11.3    It must be expressly noted that if on arrival at a service assignment a representative is endangered in any way ( for example an interim inspection where the tenant is, by arrangement, not at home, but there is a dog in the property) or feels threatened or intimidated (either by the tenant and/or others) in any way, he/she has the sole discretion to abort the service assignment. An abortive visit charge will be levied in such instances.

11.4    Unless specifically requested, all service assignments exclude roof spaces/attics, cellars, garages (whether attached or remote) gardens (front, rear and sides) or other outbuildings.

12. Keys

12.1    The Company accepts no responsibility for any lost or unaccounted keys.

12.2    Keys will be collected and returned to the designated location only, unless by prior agreement. All keys returned must be signed off by the Client utilising Excelsior ‘Key Sign Off’ form.

13. Exclusions of Liability and Indemnity

13.1    In the event that the Client gives the Company instructions which are followed in good faith but which in reality are unlawful or result in an unlawful act or otherwise give rise to any kind of claim,  the Client agrees to indemnify the Company against any and all penalties, damages, costs and legal expenses whatsoever that it may incur as a result of following said instructions.

14. Law and Jurisdiction

14.1   This Contract shall be governed by English Law.

15. Contract

15.1    No variation to these terms will be effective unless agreed in writing by an authorised signatory of the Company.

16. Insurance

16.1    The Company carries appropriate levels of Public Liability & Professional Indemnity insurance. Documents available on request.

17. Delivery of Services

17.1   The Company will endeavour to deliver to the Client by agreed means all service assignment documentation within 2 working days of the agreed service assignment date or time. (Subject to Clause 8)

18. Confidentiality

18.1    Each party agrees to treat all information received from the other marked ‘Confidential’ or that is reasonably obvious as to be construed as ‘Confidential’, as it would treat its own confidential information.

19. Force Majeure

19.1    The Company will not be held liable for delays in performance (including delivery of documentation), caused by circumstances beyond its reasonable control.

20. Definitions/Inventory Abbreviation Codes Used

20.1    Where abbreviations are used within reports, they are to be construed as follows:

CL Client
GO Good Order
RD Redecoration Required
PA Photograph Attached
RP Repair Required
GUS General Usage Marks  (No Serious Damage)
CCR Photograph Attached
LL Landlord
RPL Replace
FF First Floor
SC Satisfactory Condition
REQ INSP Requires Inspection (Professional)
GCO Good Clean Order
NT Not Tested
MCA Marks Consistent with Age
GF Ground Floor
PCR Part Clean Required
SD Surface Damage
PRR Part Redecoration Required
SF Second Floor
TT Tenant

20.2   Definitions

Property: A rented dwelling as defined by an Assured Shorthold Tenancy Agreement.
Company: Excelsior Property Inventories
Client: A Letting Agent, Landlord, or instructing representative issuing a Service Assignment
Tenant: A person or persons or their representative renting a property from a Client
Service Assignment: Any instruction to complete an inspection and its corresponding report as received by the Company from a Client
Inventory: A Service Assignment defining the general condition of a property and its contents prior to a tenant occupation.
Check-in: A Service Assignment where an Inventory is verified by a Tenant and a Company representative on the date of occupation by the tenant of the property
Check-out: A Service Assignment – with or without the Tenant/or Client – defining differences between that indicated by the Inventory/Check-in and Interim Report(s) and those observed within the property at the end of a tenancy
Interim: A Service Assignment defining the general condition of the property and its contents at an interim (typically 3 month) period during tenancy.
Representative: A person or persons representing the Company completing a Service Assignment
Disclaimer: A document containing useful information for Clients and Tenants as included either with a Service Assignment or as published on the Company’s web site
Price List: A published fee structure available on request to the Client from the Company for a standard Service Assignment

21. Signatures

21.1   By signing below, you are agreeing to the Terms and Conditions contained within this document.

21.2   Signature of this document and return to the Company constitutes a binding agreement between the Company and the Client.

Business Name :-
Print Name :-
Signature :-
Date :-

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