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BUILDING SURVEY, HOMES SURVEY AND CONDITION SURVEY TERMS OF ENGAGEMENT
All surveys will only be carried out in accordance with the terms of engagement contained in this document. The RICS standard terms of engagement and the RICS description of the homebuyer service apply for the RICS Homebuyers Surveys. Please ensure that you read and understand these terms and conditions. Your survey instruction should be cancelled in writing to us immediately, otherwise these terms and conditions of engagement shall apply in full and will not be varied unless specifically agreed in writing by us. Our fee may need to be revised if it is found, on arrival at the property, that it differs substantially from the description previously given to the surveyor, or that it is outside of the surveyors experience, or that it would be in the clients best interest to commission a building survey, please refer to the leaflet choosing between surveys, (for Building Surveys and Home Buyers Surveys only). Should you cancel a survey order there will be a minimum of a 25% fee charge. Please refer to the description of the Homebuyers Service and the Home Buyers Standard terms of engagement copies of which are available on request and will be sent to you with an appointment letter. Payment Terms: RICS Members Account Regulations: It is hereby agreed between the parties that in this transaction there will be no holding of client monies and thus please note upon receipt of your survey order form with payment an invoice will be raised and the payment banked., i.e., payment passing to the business. We disclose that we may pay a fee to a third party for introduced survey instructions, also: We may act as introducers only to another approved practice of Chartered Surveyors or approved sub consultant Chartered Surveyor, in these instances we act as introducer only and the contract is between you and that business. We will not report until an instruction letter, or order, is issued to you or received from you. Rights of Third Parties Act It is hereby agreed between the parties that provisions of the rights of third parties Act shall not apply to this contract and thus no liability to any third party to this contract whatsoever will be accepted under matters arising directly and / or indirectly from this contract. No enquiry or investigation will be made by us regarding the following matters that are specifically excluded from the survey and report and usually and commonly revealed by your legal advisors and/or enquiry regarding a Local Authority Search, replies to the usual enquiries, Statutory Notice, enquiries to the Local Authority: thus excluding, Local Authority Planning and Building Regulation consents or lack of consents and proposals, Land Registry details, Boundary positions & ownerships, Freehold and Leasehold property rights, restrictions, disputes, below ground condition type and stability, environmental searches and investigations, radon gas, underground services, tunnels, or similar, any aspect of legal Title, any aspect of above or below ground pollution and / or contamination whatsoever and associated directly and or indirectly to the subject property and / or area. The indicated age of the property is approximate and is not guaranteed by us, information provided by the vendor/occupier or selling agent has not been verified by us as being correct. You should verify this information with your legal advisor. Any measurements indicated are for approximate guidance only and should not be relied upon as actual dimensions of the land or buildings to be conveyed. The survey and report will be based upon a visual inspection of the property only on the following terms and delimited and defined thereby as follows: No destructive investigation of the building will be carried out, thus the Surveyor will not remove or move carpets and floor coverings, furniture and contents, floorboards, ducting, panelling, fixtures and fittings and the like and no wall plaster or finishings will be removed. Except where the contrary is stated parts of the interior and exterior of the building that are covered, unexposed, inaccessible will not be inspected and will be assumed to be in sound and in good repair, the report will not purport to express an opinion about or to advise upon the condition of the uninspected parts and should not be taken as making any implied representation or statement about such parts. Exterior : We will inspect the accessible parts of the exterior of the building from ground level and other available vantage points that we have available and safe access to on the day of the survey. The survey will not involve the use of any mechanical access plant or long ladders to inspect at close quarters the parts of the building above ground floor level. Thus the exterior of the building above 3m from ground level will be described in general terms only. Parts of the building may be obscured from view and we are therefore unable to confirm the presence or not of defects of parts of the building that we have restricted sight view. The Surveyor will usually warn where a restricted sight view has been encountered. The Surveyor will use a small surveyors ladder to access flat roofs at ground floor level, flat roofs above ground floor level or not safely accessible will not be inspected and we are therefore unable to confirm that these parts of the building are free of defect. Interior: The Surveyor will inspect as much of the accessible interior of the building as is reasonably practicable within the limitations as follows: The Surveyor will not move the occupiers carpets, floor coverings, furniture, fixtures and fittings, and contents whatsoever and will thus rely on a visual inspection of the accessible parts of the building only. No inspection of the building will be made of those areas that are hidden from our view by the above, inaccessible, unavailable or built in to the structure or finishings of the building, we will therefore be unable to confirm that these areas of the building are free of defect. In relation to flats the subject flat only and accessible and adjacent common parts and accessible and adjacent exterior only will be inspected. Drainage: (including septic tanks) We will lift inspection covers within the curtilage of the subject property, excluding flats, and non permanent structures, at the Surveyors discretion, to inspect the inspection chamber and section of pipe within the chamber only. No specific drainage testing or examination will be carried out as part of the survey. Heavy duty covers and/or covers that cannot be safely handled by one person and/or are outside of the curtilage of the subject property will not be lifted. Services The Surveyor will not be responsible for the examination and/or testing of the heating, plumbing, drainage and electrical installations and the associated and ancillary major and minor components. In all cases we recommend that the purchaser commissions their own inspection of these services by appropriate competent persons. General comment made by the Surveyor regarding these installations shall not imply or confirm that any examination or testing whatsoever has been carried out. We are therefore unable to confirm that these installations are free of defect. Swimming pools, leisure facilities and associated plant are specifically excluded. Gas, Oil and Solid Fuel Appliances: Due to the risk of carbon monoxide poisoning from a defective fuel burning appliance in all cases all appliances should be serviced and safety checked prior to first use and gas pipe work should be checked by a CORGI engineer and annually safety checked and serviced thereafter. Other services: Any other services: the production of plans, drawings, other documentation or comment to the property is specifically excluded. A valuation of the property is specifically excluded unless agreed in writing by us. A valuation is included in the home buyers survey. Insurance Reinstatement Sum: Will be provided only when specifically agreed in writing by us for standard build types only and excluding the reassessment of whole flat block reinstatement, we may advise, at our discretion, the continuation of an existing or new block or individual policy and/or specific reassessment, in lieu of a specified individual or block rebuild sum which will be specifically excluded. Damp diagnostics: The Surveyor will carry out moisture meter readings within the confines of these terms. No contractors specialist timber or damp examination and test will be included in the survey. Dampness tests of floors covered by fitted carpets and / or floor coverings will not be included in the survey. Garages, outbuildings, garden walls, fences, paving and paths: These items will be included in the survey but restricted to general comment only. High Alumina cement concrete and/or Calcium chloride additive, asbestos or other deleterious material: Unless otherwise stated in the report we assume that these materials were not used, in the construction of the property and/or are not present. No specialist examination and/or testing for these materials will be included in the survey. Cavity wall ties will not be inspected. Liability for toxic mould, moulds or fungi are excluded. The report is confidential to our client and is provided for your sole use. We give no authorisation for the report to be communicated to any other person or body and any other person or body relies upon the report at their own risk. This is not a report for lending purposes and should not be relied upon as such. We draw to your attention our complaints procedure and a copy of our Corporate complaints procedure is available on request. The employer/client/purchaser is to complete, sign and return the survey order form and letter of engagement prior to us reporting and agrees to pay the agreed fee. Notwithstanding the aforesaid failure to complete, sign and return the survey order form to Subject II Survey™ Ltd shall not in itself invalidate the contract between the parties nor the validity of these Terms and Conditions. The report is copyright © of Subject II Survey™ Ltd and may not be reproduced. Subject II Survey is a Registered trademark™ and all rights are reserved. V2008
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