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Terms and conditions

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The legal agreement between you and us

This agreement

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter "You" or "Your" or "Client" or "Data Controller") AND SMARTER INVENTORIES LTD (hereinafter "Smarter Inventories") GOVERNING YOUR ENGAEGMENT OF SERVICES PROVIDED BY SMARTER INVENTORIES (hereinafter "Smarter Inventories Service(s)").

Parts of this Agreement

This Agreement consists of the following terms and conditions (hereinafter the "General Terms"), Data Processing Terms and terms and conditions, if any, specific to use of individual Services (hereinafter the "Service Specific Terms"). The General Terms and Service Specific Terms are collectively referred to as the "Terms". In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.

Acceptance of the Terms

You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You accept the Terms by engaging our services.

General Information for Instructing Party

If the Client appoints an Instructing Principal as their representative for services carried out by Smarter Inventories Ltd, (hereafter to be known as Smarter Inventories) it is the responsibility of the Instructing Principal and not that of Smarter Inventories to make sure the Client is aware of our Terms & Conditions.

It is the responsibility of the instructing party to settle payment for any bookings – regardless of receipt of client funds.

Smarter Inventories reserves the right to apply interest charge for late payments for any fees more than 14 working days overdue from the date of invoice at the rate of 3% net added monthly. Interest will be applied both prior to and subsequent to any Court Judgment.

Payment is to be made within 14 days of the date of the receipt of Smarter Inventories' correct invoice. Once an instruction is received for a report to be made, an agreement is deemed to exist between Smarter Inventories and the customer under these terms and conditions.

Check Ins & Check Outs

Please note that tenants need to attend Check Ins and Check Outs in order to sign.

If for any reason a tenant is not in attendance,  this is entirely the responsibility of the Landlord and/or instructing agent.

Any subsequent problems with obtaining the tenant's signature are entirely the responsibility of the Landlord and/or agent.

Meter Readings

It is the agent's and / or landlord's responsibility to make the clerk aware of the locations of any meters and to ensure that they are labelled and accessible.

Should meters not be located or accessible to read then no readings will be taken and we cannot be held responsible for this. We cannot be held accountable for any discrepancies and the appropriate utility supplier should be contacted.

The Report

The inventory report is a fair and accurate report, which describes the property's contents, conditions and cleanliness for rental purposes only.

The report is supplied in electronic document in PDF format which is normally delivered by email. On request we can print and post a hardcopy. We charge an administration fee per copy for the print and post service.

The report document 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 as at the date of the inventory report and check-in and the superficial condition of same.

The inventory is prepared for identification purposes only and in no way constitutes a valuation or statement of authenticity.

Loft spaces cellars, basements etc will not be included in the report unless they are habitable areas included within the tenancy. Smarter Inventories will not test any appliaces and will not know whether any of these items are in working order or whether they comply with the relevant safety regulations.

Burglar alarms and smoke detectors are not tested by our clerks. The terms silver, brass, gold, copper, beech, oak, pine etc relate to the description of the colour of the item and not to the composition.

Smarter Inventories reserves the right to withhold any documentation not fully paid for by the Instructing Principal or Client.
Where the Instructing Principal or client is in arrears no outstanding documentation will be forwarded. All documentation remains the property of Smarter Inventories until full payment is received.

Fees

Prices are dependent on the size of the property and its location in the UK and are subject to change without prior notice.

Preferred method of payment is by bank transfer to the account detailed within the issued invoice and using the invoice reference number. Payment by debit/ credit card may incur an additional charge.

Payment must be made upfront for any instructed bookings unless a credit agreement with the client is in place.

Smarter Inventories reserves the right to hold any documentation not fully paid for by the instructing party.

The actual price for an appointment will be confirmed when Smarter Inventories visits a property for an appointment and rooms and furnishings not mentioned at the time of booking will incur an additional charge.

There may be additional charges for heavily furnished rooms, ornaments, plants/trees and the inclusion of kitchen ware i.e. crockery and utensils.

If at Check-Out the tenant is not ready or able to vacate the property at the specified time, Smarter Inventories will not be able to proceed with the Check-Out and a return visit will be required. An aborted fee will be charged.

If a clerk is required to wait longer than the agreed time to access a property to a carry out a booking, Smarter Inventories reserves the right to charge an additional fee.

Late arrival for a check-in by the instructing party may result in an aborted visit and an abortive fee will be charged.

Smarter Inventories reserves the right to charge an abortive fee of 50% of the full invoice amount for aborted visits attributed to the instructing party, agent, landlord or tenant unless otherwise agreed between agent, landlord and Smarter Inventories.

Picking up keys more than 20 minutes away from the property will incur additional travel charge per additional 20 minutes.

Appointments scheduled outside of Smarter Inventories' trading hours may incur an additional charge.

General

If an Instructing Principal or the Client fails to turn up at a pre-agreed time to attend a check-in or check-out appointment, a period of 25 minutes clemency will be permitted, after which the check-in or check-out will be completed and forwarded to the Instructing Principal or the Client to sign, assuming that the Instructing Principal or the Client do not turn up before the completion of the check-in or check-out.

Smarter Inventories reserves the right not to attend Court for any disputes arising out of a dilapidation assessment between Clients if the Company's representative did not attend a check-in appointment or sign on behalf of the Client.

It has to be accepted that any time lapse between the completions of the inventory report and the check-in date cannot be independently verified by Smarter Inventories. It has to be acknowledged that some alterations (any amount of damage, items removed or added) to the property may occur within this period.

Smarter Inventories will, providing the original inventory for services was provided and that this inventory report is completed by Smarter Inventories go to court to argue any dilapidation assessments on termination of the tenancy, between Clients. A fee will be chargeable.

In the event of a dispute between Clients and all fees have not been paid in full any reports delivered from services remain the sole property of Smarter Inventories and therefore cannot legally be used without written permission in any Court of Law.

Any circumstances allegedly giving cause for complaint about services provided or an invoice, must be notified by the Client or Instructing Principal on behalf of the Client within 3 (three) working days of the services being completed or receipt of invoice and confirmed in writing no later than 7 (seven) working days as the cause of the alleged complaint arises. The complaint will be investigated and action taken as necessary

The Report prepared by Smarter Inventories is intended as an independent and informative guide to the Client about the condition of any fixtures, fittings, contents, furniture and décor. The Report enables items to be visually identified, where possible items will be identified by their original manufacturer however, no attempt will be made to ascertain what period an item was produced.

The inventory clerk preparing the Report and /or check-in/out report is not an expert on fabrics, materials, antiques, etc., nor do they allege to be a qualified surveyor. The inventory report should under no circumstances be used as a structural survey report.

In the event that the Instructing Principal or Client give Smarter Inventories instructions which are followed in good faith and which turn out to be unlawful or to result in an unlawful act or otherwise give rise to any kind of claim you will provide Smarter Inventories with full indemnity for all penalties, damages, costs and legal expenses whatsoever which may occur as the result of following the instruct

The Fire & Safety Regulations regarding furnishing, gas, electrical and similar services are ultimately the responsibility of the Instructing Principal and or the landlord. Where there is a note on an Inventory Report “FFR label seen” this should not be interpreted to mean that the item complies with the “Furniture & Furnishings (Fire) (Safety) (Amendments) 1993”. It is merely a record that the item had a label as described or similar to that detailed in the “Guide” published by the Department of Trade & Industry January 1997 (or subsequent date) at the time of the Inventory compilation.

The safety of the Smarter Inventories clerks is of the utmost importance at all times. If any clerk of Smarter Inventories feels threatened or un-safe at any time when carrying out their duties, for whatever reason, they reserve the right to leave the property immediately. In this case the appointment will be abandoned.

Please note that it is the responsibility of the Tenant and the Landlord, or the respective Agents, to agree between themselves the accuracy of our reports. Any discrepancies, agreed by all relevant parties, should be notified to Smarter Inventories within 7 days of receipt of the relevant report, or before a new Tenant has occupied the property, whichever is sooner.

We require client authorisation via email before we email reports to tenants or authorised third parties.

Smarter Inventories inventory clerks will not undertake any movement of heavy furniture or appliances; this should be done before inspection to prevent any restriction on observations.

Unless the inventory is carried out in daylight hours the exterior of the premises and the garden will not have been inspected.

It is the responsibility of the landlord or the respective agent and the tenant to agree between themselves the accuracy of this report. Any queries or discrepancies relating to the inventory should be addressed to Smarter Inventories within 3 days of the inspection.

It is understood by Smarter Inventories that any property related to the assignment is in sound and safe condition and pose no risk to the health and safety of the clerk. Upon arrival at the assignment if it is not deemed to be the case Smarter Inventories clerks reserve the right not to enter the property and abort the appointment.

Liability

Smarter Inventories shall under no circumstances whatsoever be liable to the instructing party, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this agreement and the Smarter Inventories' total liability to the instructing party in respect of all other losses arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of this agreement. Except as set out in this Agreement, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.

 

END OF TERMS OF SERVICE

If you have any questions or concerns regarding this agreement, please contact us at bookings@smarterInventories.com .

Last updated on: 10th May, 2018.

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