Terms & Conditions
1. Definitions
- the “Client” is/are the proprietor(s) of the property, structure or entity.
- the “Exposure Surveying Ltd” are the company supplying the services and will be referred as ESL.
- the “Report” is the documentation presented to the client/agent following the completion of our services.
- the “Agent” is those responsible for engaging, instructing or commissioning ESL to undertake works on behalf of the client.
2. The Inspection
The Inspection is that which is agreed between ESL and the Client in/on parts of the structure or building, which are accessible, in other words, visible and reachable from floor levels or access equipment.
The Inspection is carried out with the clients permission to all areas without restrictions unless previously stated in writing. Furniture, stored, and other items will not be moved by ESL to facilitate inspection.
ESL will assume that no harmful or hazardous materials have been used in the construction unless notified in writing and the site is safe for employees of ESL to undertake the agreed works.
3. The Report
The content and direction of the Report will be agreed by the Client and ESL prior to the acceptance of business.
Until payment has been received, neither the whole or any part of the Report may be distributed, reproduced or published by any party other than ESL. Once ESL have received payment, the report may then be distributed after the receipt of written consent from ESL.
ESL will not amend the report, except to correct factual inaccuracies.
Any additions requested will incur additional costs.
4. Payment
Unless previously agreed in writing, payment of our fees are required prior to releasing the Report.
All negotiations regarding proposed terms of payment will be agreed prior to acceptance of works between ESL and the Client. Extended terms will be limited to a maximum of 14 days from the date of receiving the invoice.
Any staged payments are due 7 days from the date of each invoice. The final payment is due 14 days from the date of the final invoice.
On contracts where ESL must dedicate substantial resources, an invoice of 20% of the total value of the contract may be requested in advance from new Clients.
ESL are entitled to refrain from delivering the Report to anyone until the full fee or the agreed stage payment has been paid.
Additional fees will be charged for all additional tasks and Reports.
VAT is shown as a separate entry on job proposals and invoices.
We understand and we will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to our indicated credit terms. Interest will be charged at 4% over Bank of England base rate from the date of the final reminder until paid. The actual debt recovery costs will be charged.
5. Cancellation
The client will be entitled to cancel the inspection by notifying the ESL office at any time before the day of the inspection. The Client will be liable for any expenses that ESL have incurred in the preparation of these works, which the Client will pay within 7 days of receiving the invoice.
ESL will be entitled not to proceed with the inspection (and will report promptly to the Client) if after arrival at the site, ESL concludes that there is a potential threat to staff health or personal safety, the inspection may be postponed or cancelled, at the discretion of ESL. In the case of cancellation or the inspection not proceeding, ESL will refund any advanced fees paid by the Client for the inspection and Report, except for expenses reasonably incurred.
In the case of cancellation by the Client, for whatever reason, during or after the commencement of the inspection but before a written Report is issued, ESL will be entitled to raise an invoice equivalent to 80% of the agreed stage or total fee.
6. Completion dates
ESL will endeavour to meet agreed completion dates for fixed cost contracts, however, due to the nature and implication of diagnostic investigations, no guarantee is offered.
7. Precedence
If there is any incompatibility between these Terms and Conditions and those of the Client, these Terms and Conditions take precedence unless agreed in writing by both ESL and the Client, prior to the the acceptance of business.
8. Liability
The Report is prepared with the skill and care reasonably to be expected of a competent Independent Building Diagnostic Consultant.
ESL acknowledge that their duty of skill and care in relation to the Report is owed to the Client. ESL accept no responsibility or liability whatsoever in relation to the Report to persons other than the Client.
9. Intellectual Property
All intellectual property rights whatsoever, including copyright, in and to the Report, are the exclusive property of ESL and shall remain their exclusive property unless they assign in writing the Report to any other party.
ESL and the Client will not use abstracts from the Report or the Report, including photographic images for marketing purposes, in a negative manner.