1.1 These terms and conditions of business are for the services provided by Smart Property Service Ltd. The commissioning of Smart Property Service Ltd providing property-related services by any instructing principal on behalf of their client, the client or the clients legal representative is deemed to be in agreement with these terms and conditions.
2.0 Provision of services
2.1 If the client appoints an instructing principle as their representative to commission Smart Property Service Ltd for any type of service, it is the responsibility of the instructing principle or client to make the client aware of these terms and conditions of business.
2.2 Smart Property Service Ltd do not accept or recognise a plea of ignorance by either the instructing principal or that of the client.
3.1 It is the responsibility of the instructing principle or commissioning services to pay all fees for services rendered to or on behalf of the client in accordance with the scale of fees.
3.2 An instructing principal shall pay all fees due as the result of services provided within the period agreed and stated on the presented invoice.
3.3 If the client is not represented by an instructing principle the client will pay all fees due prior to or at the date and time the services are to take place, failure to do so will result in the services not taking place.
3.4 Smart Property Service Ltd reserves the right to apply interest charges for the late payment of any fees overdue for more than fourteen working days for existing clients and 1 to 2 days for new clients after the period stated on the presented invoice, at a rate of 4% net which will be added monthly or 25 per month as mentioned on the invoice.
3.5 In the event Smart Property Service Ltd representative attends an appointment as commissioned by an instructing principle and/or client and the service cannot be carried out, whether or not this is due to circumstances beyond the instructing principle and/or client control, Smart Property Service Ltd reserve the right to charge an abortive fee at a rate of 50% of the full invoice amount.
3.6 In the event of any discrepancy caused by the instructing principal and/or the client, resulting in the service needing to be carried out again, the second or ‘new’ appointment will be treated completely separate to the prior and charged at full cost or until unless agreed separately.
3.7 All reports generated by Smart Property Service Ltd and delivered via any type of medium remain the sole property of Smart Property Service Ltd until all fees are paid in full.
3.8 A full refund will be given providing we are advised that the appointment is cancelled 24 hours in advance of the booking.
3.9 Any payment made in error should be inform to us in writing within 30 days’ time period for the full refund.
3.10 If the payments have not been settled within agreed period, we will pursue legal action in order to recover the debt in Small Claim Court or pass the case to Debt Collectors.
3.11 We reserve the right to add Legal/Court/Debt Collector charges on top of the debt.
3.12 We reserve the right to amend advertised service prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices.
4.0 Disputes and Complaints
4.1 Any circumstances allegedly giving cause for complaint about the services or invoice for services provided by Smart Property Service Ltd must be notified by the client and/or instructing principle on behalf of the client within 1-3 working days of the services being completed and/ or before any deposit.
4.2 Smart Property Service Ltd does not accept any responsibility for any error or omission of data within a report.
4.3 In the event of a dispute between clients and all fees have not been paid in full, any reports delivered by Smart Property Service Ltd, remain the sole property Smart Property Service Ltd and therefore cannot be used in any way without written permission.
4.4 Smart Property Service Ltd reserves the right not to attend court for any dispute arising out of a dilapidation assessment between clients if a Smart Property Service Ltd representative did not attend the original check-in appointment or sign on behalf of the client.
4.5 Smart Property Service Ltd will providing the original report for services were provided and signed by a Smart Property Service Ltd representative on behalf of the client; go to court to argue any dilapidation assessment on termination of the tenancy.
5.1 The reports prepared by Smart Property Service Ltd are intended as an independent, fair, and accurate record of the décor, fixtures and fittings, and furniture which composes the internal content of the property, the condition of these items and the internal condition of the property. The report enables items to be visually identified only; no attempt will be made to ascertain the original manufacturer or period in which an item was produced. The report is no guarantee of the adequacy, or safety of all/any furniture, equipment and contents, merely a record that they exist in the property and the time the report is carried out.
5.2 The clerk or assessor preparing a report is not an expert on fabrics, materials, antiques etc., or a qualified surveyor. All colours within the report are to mean description of colour only and not that of any metals. No attempt will be made to place a monetary value on the property or its contents or to determine whether an item is genuine or a reproduction. Any report provided by Smart Property Service Ltd should under no circumstances be used as a structural survey report.
5.3 Smart Property Service Ltd representative will not undertake to move heavy, large, awkward and/or valuable items of furniture
5.4 Items left in inaccessible places, lofts, cellars or in any areas behind locked doors will not be listed and/or inspected and are the sole responsibility of the client.
5.5 It is important to note that any contents must be situated in their respective rooms as specified in the report upon termination of the tenancy. Failure to do so will result in delay on appointment.
5.6 Any plants, cleaning materials, food and drink goods and spare light bulbs are considered perishable items and will not be listed on a report. Smart Property Service Ltd will not undertake to list any large number of books, CD’s and/or DVD’s individually.
5.7 Smart Property Service Ltd will not attempt to test electrical, gas, central heating appliances. All electrical items are deemed complete with fixings (plugs, flexes etc) unless otherwise stated.
5.8 Utility meter readings will be read and noted at check-in and check-out. It is the clients and/or instructing principle on behalf of the client responsibility to state the location of any such utility meters. If unaware of, unable to locate or has unreasonable access to meters, the meters will remain unread. Smart Property Service Ltd reserves the right to refuse to return to a property at a later stage on behalf of the client and/or instructing the principal to read the utility meters.
5.9 The instructing principal and/or client are responsible for the security, heating, and plumbing and meter usage of the property.
510. It has to be accepted that any time lapse between the completion of the report and the check-in and/or check-out and subsequent check-in, cannot be independently verified by Smart Property Service Ltd. It has to be acknowledged that some alterations (any amount of damage, items removed or added) to the property may occur within this period.
5.11 Smart Property Service Ltd cannot accept responsibility for any lost or unaccounted for keys.
5.12 Smart Property Service Ltd has the right to amend any part of the service and/or pricing at their discretion in line with future market changes or updated legislation or deemed to be relevant by Smart Property Service Ltd. In the event of any such changes, all existing customers will be notified either in writing or verbally of said changes before any additional services is booked.
5.13 Client is responsible for downloading and storing all downloadable material provided by SP, to keep all material in a safe place and back up where necessary.
5.14 Smart Property Service strives to ensure the accuracy of all floor plans, however, measurements are approximations, our plans are for illustrative purposes only and should be viewed with this in mind.
5.15 Smart Property Service shall not be held liable for any incorrect measurements and/or calculations. Garden measurements shall be shown in length and width only.
5.16 All measurements and areas quoted are approximations of whether a suitable disclaimer appears on the plan or not and Smart Property Service cannot be held responsible for any error, omission or misstatement on the floor plan.
5.17. It is the Client’s responsibility to ensure that the supplied plan correctly represents the property and verify with 7 days after receiving. Smart Property Service accepts no liability if the valuation of the property is based on the measurements of the plan drawn.
5.18. All floor plans supplied by Smart Property Service are for layout guidance only (windows and door openings are approximations), they are not drawn to scale, unless stated or agreed in writing. All dimensions, shapes and compass bearings should be checked by Client / Agent / Vendor / Landlord before making any decisions reliant upon them.
5.19 Plans are provided as per Smart Property Service design and discrepancies must be informed within 7 days after receiving.
6.1 On termination of the tenancy the check-in and/or inventory make a report is checked again and any discrepancies and/or variations will be reported to the instructing principal and/or the client. The check-out report will indicate, in the opinion of Smart Property Service Ltd representative, as to whether there is any liability on the tenant, or whether such deterioration could be assessed as fair wear and tear. Fair wear and tear are determined by the length of the tenancy, the type of occupancy, the quality and durability of items, noting that certain items receive more use. Smart Property Service Ltd acknowledges that the contractual terms listed in the tenancy agreement may overrule the opinion of the assessor.
6.2 Smart Property Service Ltd does not accept the responsibility of any dilapidations and/or remuneration for any such dilapidations noted or not noted on the report.
7.1 All regulations published by the Department of Trade and Industry / Trading Standards / or any similar parties are the responsibility of the instructing principle and/or the client.
7.2 Where Smart Property Service Ltd reports note that a/any certificate has been seen i.e. The Electrical Equipment Safety Regulations 1994, The Plugs and Sockets etc Safety Regulations 1994, The Gas Safety Regulations 1994 etc, this should not be interpreted to mean any records can be authenticated by Smart Property Service Ltd. It is not a statement that an item can be considered to comply with the required regulations, merely a documented note that a certificate existed on the date the report was carried out.
7.3 Where the report notes ‘fire label seen’ this should not be interpreted to mean the item complies with the ‘Furniture and Furnishings’ (Fire, Safety & Amendments) 1993. It is a record that the item had a label as described or similar to that detailed, in the ‘Guide to the Furniture and Furnishings’ (Fire)(Safety) Regulations as published by Department of Trade and Industry, January 1997, (or subsequent edition), attached at the time this report was compiled. It is not a statement that the item can be considered to comply with the regulations.
8.0 Exclusions of Liability and Indemnity
8.1 In the event that the client and/or instructing principle give Smart Property Service Ltd instructions that are followed in good faith and which turn out to be unlawful or result in an unlawful act or otherwise give rise to any other claim, you will provide Smart Property Service Ltd with full indemnity for all penalties, damages, costs and legal expenses whatsoever which may occur as the result of following the instructions.
9.0 Law and Jurisdiction
9.1 This contract shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England
9.2 Any proceedings arising out of or in connection with this contract may be bought in any court of competent jurisdiction in England whose courts shall have exclusive jurisdiction
10.1 No variation to these terms will be effective unless agreed in writing by an authorised signature of Smart Property Service Ltd.
11.0 Modifications of these Conditions of Use
11.1 Smart Property Service Ltd reserves the right to change the terms, conditions, and notices at any time and such modifications shall be effective immediately upon posting of such changes. The client and/or instructing principal are therefore responsible for regularly reviewing these Terms and Conditions and additional terms or notices posted on Smart Property Service Ltd website. The continued access of this website shall be deemed the client and/or instructing principle conclusive acceptance of the modified agreement
12.0 Disclaimer of Warrant / Limitation of Liability
12.1 Smart Property Service Ltd website and related information is provided by Smart Property Service Ltd on an ‘as is’ and ‘as available’ basis. Smart Property Service Ltd makes no express or implied warranties, representations or endorsements of any kind, or as to the operation of the website or the information, content, materials, or products included on the website. You expressly agree that your use of the website is at your sole risk.
12.2 To the full extent permissible by applicable law, Smart Property Service Ltd disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. Smart Property Service Ltd does not warrant that the website, its servers, or e-mail sent from Smart Property Service Ltd are free of viruses or other harmful components. Smart Property Service Ltd will not be liable for any damages of any kind arising from the use of the site, including, but not limited to direct, indirect, incidental, punitive and consequential damages. Smart Property Service Ltd uses reasonable efforts to include accurate and up-to-date information on the website. Smart Property Service Ltd assumes no liability or responsibility for any typographical or other errors or omissions in the content of the site. In the event that a product is listed at an incorrect price or with other incorrect information, Smart Property Service Ltd shall have the right to refuse or cancel any orders placed for the product listed incorrectly. If a product offered by Smart Property Service Ltd is not as described, your sole remedy is to return it to Smart Property Service Ltd for a refund. All postage required to return a product will be at the buyer’s expense.