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                   terms of business
 


1  General

These are the Terms and Conditions of Business for services provided between Kestrel Inventories as an independent inventory company and an Instructing Principle or Client.  The commissioning of Services by an Instructing Principle on behalf of their Client or Client's legal representative shall be deemed an agreement to these Terms and Conditions.

2  Quotations for work

In line with the majority of inventory companies, Kestrel Inventories fees are calculated on the number of rooms within a property.  It is the responsibility of the person making the enquiry to fully avail him/herself of our fees and pricing policy and provide accurate, fair and correct information when obtaining quotations for work.  Our fees reflect the work carried out not the amount quoted.

3  Fees and charges

3.1 The liability for all fees relating to a specific inspection lie with the Instructing Principle.

3.2 It is the responsibility of the Instructing Principle to accurately provide all relevant invoicing information. Inaccurate information will delay invoicing and distribution of reports.

3.3 Our payment terms for approved agents is due upon receipt.

3.4 For all landlords, payment is required in full BEFORE distribution of reports.

3.5 Kestrel Inventories reserves the right to charge interest on overdue accounts at base rate +8% in line with the Late Payment of Commercial Debts (Interest) Act 1998.

3.6 All reports unpaid after 30 days will be archived.  Kestrel Inventories reserves the right to charge an administration fee for their retrieval, in addition to any outstanding fee related to them.  These reports will only be released when all related fees have been paid in full.

3.7 All distributed reports remain the sole property of Kestrel Inventories until full payment has been received.

3.8 Kestrel Inventories reserves the right to change prices at anytime and such charges shall be immediately effective.  The price charged will be that prevailing when the booking is made.  The Instructing Principle is responsible for ensuring he/she is fully aware of our prices at the time of making a booking.

3.9 A full current price list is available on request.

3.10 All fees and charges are subject to VAT at the prevailing rate (VAT No 931 6030 56).

4  Arrangement of appointments and access to properties

4.1 It is the responsibility of the Instructing Principle for arranging appointments/access to properties.

4.2 Information provided as part of the booking process must be candid and accurate.  Failure to provide accurate information may lead to appointments being aborted or extra charges being raised.

4.3 Once a booking has been agreed, it is the responsibility of the Instructing Principle to keep Kestrel Inventories informed of all relevant changes to booking details, specifically cancellations or postponement of appointments, changes to appointment date or time or access arrangements.

4.4 The Instructing Principle is responsible for ensuring access arrangements are met, including booking of keys, arranging access via porters, landlords or tenants etc.

5  Booking confirmations

5.1 Kestrel Inventories will confirm all bookings via email.  This booking confirmation is our commitment to attend and carry out the relevant inspection.

5.2 A new booking confirmation will be emailed each and every time a booking is altered or changed.

5.3 It is the responsibility of the Instructing Principle to check expected booking confirmations have been received and that the information contained within them is correct.

5.4 Incorrect information on the booking confirmation could lead to delays, aborted appointments or additional charges for which Kestrel Inventories will accept no responsibility.

5.5 Kestrel Inventories operates a "no booking confirmation, no booking" policy and will not accept any responsibility for missed appointments where the Instructing Principle is unable to provide the relevant Kestrel Inventories booking confirmation.

6  Appointment delays

6.1 Due to other diary commitments it is vital appointments start on time.

6.2 The majority of appointments will be aborted if they are delayed more than 15 minutes after the agreed start time.  We reserve the right to charge an abortive fee of £30.

6.3 Where the diary will allow, the Clerk may choose to wait longer, particularly when contact has been established and alternative arrangements have been confirmed. 

7  On site documentation

7.1 Kestrel Inventories will work from inventories produced by other professional inventory clerks/companies, provided they are current and sufficiently accurate and detailed to be fit for purpose.

7.2 Kestrel Inventories reserves the right to decline working from inventories made by landlords.

7.3 Provided Kestrel Inventories has the relevant documentation on file, Kestrel Inventories will undertake to provide its Clerk with all documentation necessary to complete an inspection, either directly to the Clerk or via the Instructing Principle.

7.4 Where the documentation is not originally from Kestrel Inventories, it is the responsibility of the Instructing Principle to provide all necessary documentation.

7.5 It is the responsibility of the Instructing Principle to ensure all relevant documentation is current and sufficiently accurate and detailed to be fit for purpose.

8  Keys

8.1 It is the responsibility of the Instructing Principle to give clear instruction with regards to all aspects of keys, their collection, issue, retrieval and return.

8.2 As part of our fee, Kestrel Inventories will collect/return keys to any address pre/post appointment provided the relevant address is deemed "local" to the property on which the inspection is/has occurred.

8.3 Kestrel Inventories will return keys further afield by Clerk, registered post or courier.  An additional fee may be charged.

8.4 By default all principle keys and fobs (those required to actually access a property) issued/retrieved to/from a tenant will be noted and tested as part of the inventory process.  Any keys or fobs not tested will be clearly noted as such on the report.

8.5 Kestrel Inventories will not accept responsibility for any lost or unaccounted keys or fobs or any issued in error to tenants.

9  Meter readings

9.1 Meter readings are taken as part of the inventory process.  This is subject to accessibility and the correct meters being properly identified.

9.2 Kestrel Inventories Clerks will search out meters in all excepted locations, however it is the responsibility of the Instructing Principle to provide details of utility meters including meter numbers, location and access details.

9.3 Kestrel Inventories will not accept liability for meters not read or incorrect meter readings.

10  Dilapidations/allocation of liability

Where Kestrel Inventories allocates liability for issues noted at Check out, Kestrel Inventories acknowledges that contractual terms within the tenancy agreement may over rule the opinion of the Inventory Clerk.

11 Report distribution

11.1 It is the responsibility of the Instructing Principle to accurately provide all relevant distribution information.  Inaccurate information will delay distribution.

11.2 All distribution is by email directly to the Instructing Principle.  It is the responsibility of the Instructing Principle to forward copies to relevant parties, unless otherwise agreed in advance.

11.3 All emailed reports are in PDF format.  We do not email reports in any other format.

11.4 With prior agreement Kestrel Inventories will provide up to 2 hard copies via post. 

11.5 Advertised distribution times relate to documents physically leaving the office during the standard working week (Monday-Friday).  Any delay exceeding this time will be immediately communicated to the Instructing Principle if or when this delay becomes apparent.

11.6 Kestrel Inventories will not accept liability for delays in distribution for any reason.

12  Archiving of reports/photographs

12.1 Kestrel Inventories endeavors to store and archive all reports and photographs indefinitely however we will not accept liability for any report/photograph that becomes lost or corrupted.

12.2 Once distributed, the archiving of reports and provision of such for future use remains the responsibility of the Instructing Principle or his/her client(s).

12.3 An administrative charge may be raised for retrieval and provision of any archived report or photograph.

13  Photographs

13.1 Photographs are taken as part of both the Check in and Check out process.  Unless specifically requested otherwise, the number and type of photographs taken remains at the discretion of the individual Clerk.

13.2 Photographs taken as part of the Check in and Check out reports are added to the back of the Inventory as thumbnails.  The main photographs are retained and stored by Kestrel Inventories.

13.3 Stored photographs can be made available in the event of a dispute.  An administrative fee may be charged.

14 Disputes

14.1 Kestrel Inventories will, provided the relevant Check in and Check out was conducted by Kestrel Inventories, the inventory process was completed properly  and all related fees to the disputed tenancy have been paid in full, attend Court or assist in the mediation of a dispute.  An hourly fee will be charged

14.2 Kestrel Inventories will not, under any circumstances, become involved in any dispute until all fees related to the disputed tenancy have been paid in full.

14.3 Until all Kestrel Inventories fees relating to a disputed tenancy have been paid in full, the relevant reports remain the sole property of Kestrel Inventories.  These reports may not legally be used without written permission from Kestrel Inventories, either in the mediation of a dispute or in a Court of Law.

14.4 Kestrel Inventories reserves the right not to become involved in any dispute relating to any tenancy where Kestrel Inventories did not do the Check in and Check out or where the inventory process related to the disputed tenancy is flawed.

15  Comments and amendments

Comments and amendments relating to work or invoicing must be communicated verbally within 3 (three) working days of the distribution of said report/invoice and then confirmed in writing within 7 (seven) working days.  Any comment and/or amendment will be duly considered and corrective action will be taken as deemed appropriate by Kestrel Inventories.

16 Inventory procedures

16.1 Kestrel reports relate only to the furniture, furnishings and all 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, merely a record that such items exist in the property at the date of the report’s compilation and the superficial condition of same.

16.2 Kestrel reports provide a fair and accurate record of the contents and condition of the contents of the property and the internal condition of the property.  The person preparing the report (the compiler) is not an expert in fabrics, woods, materials antiques etc., nor a qualified surveyor.  The report is not to be used as an accurate description of each and every piece of furniture and equipment, nor as a structural survey report.

16.3 Items left in lofts, cellars and locked rooms that have not been inventoried are the sole responsibility of the Landlord.  The compiler is not expected to list various assorted items of little value which are kept in boxes, drawers, cupboards, lofts and cellars or the like.

16.4 Reports are prepared on the traditional and accepted principle that in the absence of marginal comments an enumerated item is free from obvious defects, damage or soiling.

16.5 Lighting, appliances etc. may be tested for power only and even then only where practicable.

16.6 The compilers are not passing any opinion as to whether items are genuine or reproduction. 

16.7 The descriptions are for identification purposes only and for no other reason.

16.8 The Fire and Safety Regulations regarding Furnishings, Gas, Electrical and similar services, the provision of safety certificates and tested smoke alarms are ultimately the responsibility of the Instructing Principal.   Where the Inventory notes “FFR label seen” this should not be interpreted to mean that the item complies with the Furniture & Fittings (Fire)(Safety) Amendments 1993.  It is a record that, at the time the Inventory was compiled, the item has a label attached.

16.9 No responsibility can be accepted by the compilers for any errors or omissions. Similarly, no responsibility can be accepted by the compiler for any discrepancies which arise at a later stage where the Tenant has been given access to the property prior to the report being compiled.

17 Commitment to clients

17.1 Kestrel Inventories over riding concern is it's commitment to its clients.  Kestrel Inventories products and services are flexible and Kestrel Inventories undertakes to tailor these to the specific requirements of individual clients.

17.2 Kestrel Inventories is committed to best practice, impartiality, transparency and the highest level of professionalism in every aspect of the inventory process.  More information about Kestrel Inventories, its principles, products and services can be found at www.kestrelinventories.com


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