Definitions

“The Client” means the person or company that has contracted Sears Property Services to carry out the services
“Sears Property Services” means Sears Property Services, an employee, any of its authorized clerks “The Services” means the taking of an inventory of the contents and condition of a property and/or other such associated services to residential or commercial tenants

“Inventory” means an inventory of the contents and condition of a property and/or other such associated services/reports provided by Sears Property Services
“Landlord” means any landlord or its representative
“Report” means a written document detailing the outcome of the provision of the Services

“Clerk” means the person approved and assigned by Sears Property Services to carry out the Services “Information” means the contents of the Report

Confidentiality

The client undertakes that they shall use the information provided in our Reports solely for the internal purpose of its own business and will:

1. Keep the Information strictly confidential
2. Not publish all or any part of the information
3. Not divulge or disclose all or any part of the Information to any third party other than for the solepurpose of property rental
4. Permit access to the Information only to those of its officers or employees who need to know or use thesame and ensure that such officers or employees comply with the provisions of sub clauses to (1) and (2)above

Limitation of Liability

The Client will indemnify and keep fully indemnified its officers employees or other agents against any third party claim or action made or instituted against any of them in respect of any losses, damages cost or other expenses in connection therewith (including without limitation any payment by Sears Property Services on legal advice to settle any such claim or action) which is either due to the Client (by act or omission) rendering the Information inaccurate or incomplete or arises otherwise in connection with this agreement but (in connection only to the Client’s use of the Services) save to the extent that Sears Property Services is in default.

General Terms

Acceptance of services is deemed to be an acceptance of the fees due as per the price list provided and these terms and conditions.

The inventory will comprise a list of the furniture, fixtures, fittings and household effects with a description of the state of decoration and condition of the interior and its effect at the premises. The report will be based upon the visible condition of the fixtures at the time of the visit.

All items on the inventory are assumed to be in a good condition unless otherwise stated.

The clerk will not move heavy items of furniture or similar and we will not be held liable for any detail obscured by such items at the time of the visit.

The Inventory does not purport to be a report of value for the premises and or the contents therein, nor is it a guarantee of, or report of, the adequacy of, or safety of any equipment or contents. It is a list of such items within the premises and the superficial condition of the items and the decorative state of the premises.

The inventory may state when an item of furniture has been seen to have a label advising that it complies with Furniture and Furnishings (Fire and Safety) Regulation 1988, as amended 1993. It should not be assumed that other items not stated comply with this regulation. Compliance with the relevant UK Fire Regulations is the responsibility of the owner/managing agent not with Sears Property Services. It is recommended that all bedding, soft furnishing or any item which is filled/padded be checked by the agent/landlord to ensure that they comply with current regulations. Regulations on furniture purchased in foreign countries may not meet the UK standards. It is the agent/landlords responsibility to ensure that all items adhere to relevant current UK regulations.

Floor coverings, rugs and carpets will be inspected to the extent that they are sufficiently clean and any defects noted, provided they are accessible and not obscured.

Bed linen, towels and similar items will be inspected to check that they have been freshly laundered and then counted. Soiled items will be checked at the discretion of the clerk and noted on the relevant report.

Mattresses will be inspected where accessible and will not be examined if the bed is made up.

Sears Property Services reserves the right not to handle/move valuable ornaments nor will Sears Property Services include in the inventory, numbers and titles of books, plants, consumables, items which are packed for storage or miscellaneous items other than garden equipment.

Lofts, basements (cellars), locked rooms and any other similar storage area and their contents will not be listed in the Inventory, nor will the Clerk undertake to search through cluttered drawers or cupboards or to unpack boxes, bags or packaged items.

Windows are only checked to ensure that they are clean with no visible broken glass. It is the responsibility of the tenant to report any non-opening windows/defects to the Landlord/Agent.

Intruder alarms and smoke detectors whether listed or not will be considered untested.

Sears Property Services reserves the right at check out to apply an additional charge when unnecessary time is incurred, because the Clerk is unable to locate any items which have been moved during the tenancy and have not been replaced in their original position.

Sears Property Services reserves the right to apply a charge when a Clerk is unable to gain access to the premises at an agreed time, or within 15 minutes thereafter. There will be no further obligation under the terms and condition save the entitlement to invoice the relevant party the proportion of the fee that would have been due had the instruction been completed.

Sears Property Services shall be entitled to charge a fee to the person, persons or company who has given the instruction. If the instructions are given by a landlord, letting agent or any third party, this contract is deemed to be made between Sears Property Services and any of these parties as the principle unless agreed otherwise in writing with Sears Property Services.

Property Visits (Periodic or Mid Term Inspections)

Any midterm or interim visit by Sears Property Services will adhere at all times to UK legislation and for the sake of interpretation, will be governed by the guidelines outlined by the Association of Professional Property Providers (APIP). Unless otherwise agreed, it is the responsibility of the client to contact the tenant in writing at least 24 hours before the visit to advise them that Sears Property Services will visit. Where an appointment has been confirmed with a tenant and they refuse access, are not available or Sears Property Services are unable to enter, then we reserve the right to charge a cancellation fee per visit.

Sears Property Services can provide overview pictures but will only provide internal pictures if given permission by the client and tenant. The tenant has the right to refuse permission for photographs to be taken if they are present at the time of the property visit.

Keys (Collection, Delivery & Management)

It is the responsibility of the Landlord, Client or Clients Agent to deliver all property access keys to the clerk. In the case of collection or delivery back to the landlord, Sears Property Services will charge 45p per mile or for special delivery postage will charge £15.00 + vat. If keys are not available before the agreed appointment, Sears Property Services reserve the right to charge for a cancelled appointment.

Complaints & Error Reports

Sears Property Services have a formal complaints procedure. Report errors on any reports must be notified to a manager who will deal with the error. Sears Property Services reserve the right not to accept responsibility for any errors in documentation reported after 7 days from the date of the report. Sears Property Services will not accept any liability for errors reported after the occupation of the next occupancy.

Payment of Charges

1. The Services requested by the Client will be charged to the Client at Sears Property Services standard rates or rates separately agreed between the two parties by e mail.
2. Unless agreed otherwise by email or as stated on the agreed price list, payment of services are made at the standard payment terms of fourteen days of the date of receipt of Sears Property Services invoice.
3. Sears Property Services will charge interest of 5% above the Bank of England base rates on all overdueaccounts.
4. Sears Property Services reserve the right to charge for our services in advance by credit card or any formof cleared funds.
5. We reserve the right to charge an additional fee for any hard copies of the inventory.
6. In the event of incorrect payment for the job, incorrect information resulting in an incorrect quoting ofthe job or any other incorrect information that results in the price being under quoted, Sears Property Services reserve the right to either withhold any report or cancel the job, in which case cancellation fees would come into effect.
7. Any additional charges can be made by BACS facility directly with Sears Property Services. Reports received on full payment.

Property Sizes

Property sizes and pricing are based on the following (hallways/landings are considered inclusive):

1. 1 bed property – Max. 4 x rooms (typically 1 bedroom, 1 reception, 1 bathroom, 1 kitchen)
2. 2 bed property – Max. 6 x rooms (typically 2 bedroom, 1 reception, up to 2 bathrooms, 1 kitchen)
3. 3 bed property – Max. 8 x rooms (typically 3 bedroom, 2 reception, up to 2 bathrooms, 1 kitchen,garden/garage)
4. 4 bed property – Max 10 x rooms (typically 4 bedroom, 2 reception, up to 3 bathrooms, 1 kitchen,garden/garage)
5. Larger properties are based on individual pricing
6. Sears Property Services reserve the right to charge additional rates per room or extra storage or facilities(e.g. outhouses, swimming pools) for properties different from above, prices upon application.
7. If the size of the property is incorrectly given by the landlord or client then Sears Property Services willcharge for the difference and withhold the report until the outstanding balance is settled.

Reports & Documents

All reports will be provided as PDF’s and hard copies are provided only on request and may be subject to an additional charge. In the case that the client does not require any original handwritten documents completed at the check in or check out, Sears Property Services will retain the original document for a period of 5 years from the date of the appointment.

Statutory Compliance

Both parties hereto undertake to each other that in respect of their obligations under this agreement they will at all times comply fully with all relevant statutory enactments and the Data Protection Act 1988 (and the data protection principles there under) (and all re-enactments thereto) or regulations or requirement made by governmental authority or equivalent body of competent jurisdiction.

Cancellation / No Show

Sears Property Services reserves the right to make a charge of the full fee of the assignment value to the Client for the cancellation of a job, for whatever reason (and including mis instruction) on the day of the visit. Cancellations after noon the previous day may result in a charge of up to 100% of the assignment.

A charge of £35.00 per half hour may be made for waiting time at the property beyond the confirmed time/allowed waiting period for the service due to late arrival of a tenant or client, incorrect notified location of keys or documentation, or any delay in gaining access to the property beyond the control of the clerk or Sears Property Services. Additional charges may be added to the above to cover travel time and costs.

Force Majeure

1. In the event of either party being rendered unable wholly or in part by force majeure to carry out its obligations under this agreement it is agreed that on that party giving notice of such force majeure to the other party with reasonable promptness the obligations of the party giving such notice so far as they are affected by such force majeure shall be suspended during the continuation of the same it being agreed that each party shall use all reasonable endeavors to remove or avoid such force majeure with all reasonable dispatch.
2. The term “force majeure” as used herein shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fire, storm, civil disturbances, terrorism, governmental or quasi-governmental regulations and directions and any other cause not within the reasonable control of the party claiming suspension all of which by the exercise of due diligence such party is unable to prevent.
3. In the event that the obligations of either party are suspended (as aforesaid) by reason of force majeure for a period in excess of 30 days then either party to this agreement may on giving written notice to the other terminate this agreement.

Law

The laws of England to the exclusive jurisdiction of whose Courts the parties hereby submit unless otherwise agreed in writing between both parties hereto shall govern this agreement.

January 2018