Tel: 07920 729 097
One Bird Ltd
General
These are Terms and Condition of Business for services provided between One Bird Ltd as an independent property inventory company, Home search consultant and an Instructing Principal or ‘Client’. If the client or the Instructing Principle acting on behalf of the client commission services provided by Swoop Inventories this will be seen as a direct agreement of these terms and conditions.
Provision of Services
In the instance where an Instructing principle has been appointed as a representative of the client, the responsibility for the understanding and knowledge of the existence of these terms and conditions falls to the instructing principle and One Bird Ltd will not accept responsibility or recognise a plea of ignorance from either party involved.
Please note Services cannot be exchanged and pricing options are only applicable in whole
Services
Inventory, Check In, Check out reports prepared and provided by One Bird Ltd are done so to provide an informative guide to the client about the condition of the property, inclusive but not exclusive of any fittings, fixtures, and furniture.
Items maybe listed within the Inventory, Check In, Check Out report, where possible will be identified by make, model or original manufacturer, this should enable items to be identified visually where possible. Please note no attempt will be made to establish the age or period of an item. Any reports generate by the inventory clerks are prepared with a professional knowledge, not that of an expert in fabrics, materials, antiques etc, they are not qualified surveyors, and therefore the report cannot and should not be used as a structural survey report.
Any colour recorded with in the report is done so as a means of description only.
When compiling reports all items are assumed to be in good condition unless stated. This means free from malfunction, soiling or any defects that could be considered as an assessment of dilapidation at the end of the tenancy.
Heavy and/or awkward items of furniture will not be moved by the inventory clerk, nor will stored items be unpacked
Unless specifically requested loft spaces will not be searched or listed, inaccessible areas will not be searched or listed.
Responsibility for any error or omission of data within a Report will not be accepted by One Bird Ltd.
All measurements given are approximate.
Any perishable items, such like, fish in ponds, plants and cleaning materials unless proven to be worth in excess of £30 it will not be listed on the inventory.
The report is a documentation of the superficial condition of fixtures, fittings, furniture if furnished, and items which exist in the property; the safety of equipment and the adequacy of such contents cannot and will not be guaranteed.
Where stated all electrical items will be considered to be complete, and if practical to do so tested for power only. Unless otherwise stated, these will include the presence of bulbs, flexes and plugs.
At the end of tenancy, all items and content must be returned to their respective rooms as originally noted in the report, any delay caused by failure to abide will result in a search and match fee, this being at a rate to the additional to the current fees. If the vast amount of furniture for example in a kitchen has been sorted away it may not be checked.
Any part of services and pricing can be amended at the discretion of One Bird Ltd to comply with updated legislation, future market changes or that to be deemed relevant by One Bird Ltd . All future and existing customers will be notified of any price changes through either verbal or written communications before further services are booked.
The responsibility for the security, heating, plumbing and meter usage of the property both during and post service falls to the client and/or instructing principle.
The meters at the properties will be read and photographed during the Inventory make, check-in and check out and then noted on the relevant documents, the responsibility falls to the client to make us aware of the locations on the meters, if the meters cannot be located, or there is unreasonable access to the meters, they will remain unread. The property will not be revisited by One Bird Ltd at a later date to read the meters on behalf of the client or instructing principle
Keys
One Bird Ltd will not accept responsibility for any lost or unaccounted keys.
Dilapidations
The Inventory report is rechecked at the property at the termination of the tenancy (Check Out), any variations to the report or anything classified as a dilapidation, in One Bird Ltd opinion, will be reported to the Instruction principle or client. The report may indicate if there is any liability on the tenant, or if any deterioration can be justified as fair wear and tear, this being accessed on the length and type of occupancy, taking into consideration that certain items receive a higher rate of usage. The opinion of the assessor may be overruled by the contractual terms that are listed in the tenancy agreement.
Complaints
Any complaints about services provided or Invoices provided must be made by the instructing principle or the client within 3 working days of the completions of services or the receipt of invoices, these are to be confirmed in writing no later than 7 working days after the alleged complaint arises. All complaints will be investigated and relevant action will be taken where necessary.
Disputes
In disputes arising out of a dilapidation assessment between clients, One Bird Ltd will reserve the right to not attend court or any hearings if either of the clients or companies representatives did not attend a check-in appointment or sign on behalf of the client.
One Bird Ltd cannot independently verify any time lapse between the check in date and the inventory make, during which time some alterations may occur (items being removed or added and any amount of damage).
One Bird Ltd will attend court, for a fee, to argue any dilapidation assessments made by a representative of Swoop inventories, providing a copy, signed by a representative of One Bird Ltd, if the original Inventory is provided
If a dispute arises between clients and there is an outstanding amount of fees for services delivered, the reports will remain the sole property of One Bird Ltd and therefore written permission should be sought before they can legally be used in a Court of Law.
Exclusions of Liability and Indemnity
The Instructing principle or client with provide full indemnity for all penalties, damages, costs and legal expenses which may occur as a result of following any instructions given to One Bird Ltd, which are undertaken in good faith but may result in an unlawful act or other claim.
Contract
Unless otherwise agreed in writing and signed by authorised personnel of One Bird Ltd, no variation to these terms will be effective
Law and Jurisdiction
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.
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.
Fees
Services provided on the present invoice shall be paid by the Instructing principle or client within the time frame from the date stated
Regardless of receipt of client funds, the instructing principle remains responsible for paying all fees for services rendered on behalf of the client.
Any overdue payments of more than 14 working days from the dated invoice, will be charged interest at a rate of 3% net which will be added monthly at the discretion on One Bird Ltd.
Subsequent of prior to and court judgements, interest will be applied.
An abortive fee will be charged if services are commissioned and cannot be delivered, including circumstances that are beyond control of the instructing principle or client, if sufficient notice has not been given to One Bird Ltd, 'sufficient' notice being before 3pm the day prior to the visit. The abortive fee is £35 or 40% of the invoice total, whichever is greatest, if however the visit is cancelled on the day then the full fee is payable. No fee is payable if the visit is cancelled before 3pm on the day prior to the visit.
A period of 30 minutes clemency will be given if a client or instructing principle fails to turn up to an inventory make or Check In or Check out appointment, after which time the Check In, Check-Out or Inventory make will be completed and forwarded to the client or instructing principle to sign, this is assuming that the client or instructing principle do not turn up before the completion of the Check In or Check-Out of Inventory make.
A period of 30 minutes clemency will be given if a client of instructing principle fails to turn up at the pre-arranged time for a check-in appointment, after which time the full cost of the check in will be incurred as an abortive fee.
The right to abort any services made by appointment remains that of Swoop Inventories, where it has been made impossible to identify and inspect the property fully for an inventory make, check-in or check out. As an example of situations, but not an exhaustive list, the following situations may result in an abortive visit
If the tenants are in a state of undress, or are still in bed and unwilling to move from the property the inventory clerk or home search consultant will be unable to carry out the inspection and will be charging a full fee.
The property is not ready to let, for instance the outgoing tenants possessions are still in situ
The property contains the landlords personal possessions
Trades persons and/or cleaners are still present at the property
If undisclosed and not pre agreed these circumstances must be reported immediately to the landlord.
A new appointment will be made and charged as a new service at full cost if any discrepancies from the client or instructing principle result in the services being repeated.
In the opinion of Atlas Inventories an additional charge will be made if a property is deemed to be furnished above the industry standard, the additional charge will be 30% on the current scale of fees. If services are to differ from that off the definition of services then these will be charges at the negotiated fee. Any services required out of office hours, which have been confirmed by the instructing principle or client, may attract a premium fee which will have been negotiated separately.
Until the fees are paid in full then any reports generated from other services provided by Atlas Inventories will remain the sole property of Swoop Inventories.
Modifications of Prices
Swoop Inventories reserves the right to change the prices of any services listed on this site at any time, and any such modifications to prices will be effective immediately, it is therefore the responsibility of the client of the instructing principle to regularly review any pricing or information about price changes listed on this website. The continued use of this website shall be deemed as you conclusive acceptance of the modifications.
Regulations
The landlord or Instructing principle remain responsible for all regulations published by the Department of Trade and Industry / Trading Standards and/or similar bodies.
Where reported that the gas certificate has been seen, this is a documentation only that the certificate existed at the time of inventory make and is not a statement that items are considered compliant, and is not to be interpreted that any records are authenticated by Swoop Inventories.
Where reported that the electric certificate has been seen, this is a documentation only that the certificate existed at the time of inventory make and is not a statement that items are considered compliant with the required regulations.
Where reported that the 'FFR label seen', this is a documentation only that the label existed at the time of inventory make and is not a statement that items are considered compliant with the required regulations
Commission
Swoop Inventories does not solicit any commissions that may be offered through third parties during the normal course of business. Third parties are selected on their availability and competence, not on their willingness to offer inducements. We will however accept commission or any form of remuneration on the basis that we are satisfied with the service on offer and the goods are for equal value of money to that of their competitors, the clients interest are always first and foremost, and therefore commission will only be accepted if it does not adversely affect the client or Instructing principle and will be done so for our own benefit.
Modifications of these Conditions of Use
At any given time Swoop Inventories may change the terms, conditions and notices and we reserve the right to do so, these changes will be effective immediately, It is your responsibility to regularly review these terms and conditions, and/or additional notices posted on the website, by continuing to use this website it shall be deemed conclusive acceptance of any modifications.
Disclaimer of warranty/limitation of liability
This website and related information is provided by Swoop Inventories, on an “as is” and “as available” basis. Swoop Inventories, make no express or implied warranties, representations or endorsements of any kind, or as to the operation of this website or the information, content, materials, or products and included on this website. You expressly agree that your use of this website is at your sole risk.
To the full extent permissible by applicable law, Swoop Inventories, disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. Swoop Inventories does not warrant that this website, its servers, or email sent from Swoop Inventories are free of viruses or other harmful components. Swoop Inventories will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Swoop Inventories uses reasonable efforts to include accurate and up-to-date information on this website. Swoop Inventories assumes no liability or responsibility for any typographical or other errors or omissions in the content of this site. In the event that a product is listed at an incorrect price or with other incorrect information, Swoop Inventories shall have the right to refuse or cancel any orders placed for the product list incorrectly. If a product offered by Swoop Inventories is not as described, your sole remedy is to return it to Swoop Inventories for a refund. All postage required to return a product will be at the buyer’s expense.
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