Terms & Conditions
General Website Terms & Conditions of Use
Terms & Conditions of Business
General Website Terms & Conditions of Use
1. ACCEPTANCE OF TERMS
Your access to and use of www.lockstockinventories.co.uk ("the Website") is subject exclusively to these Terms and Conditions.You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
2. ADVICE
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
3. CHANGES TO WEBSITE
Lock Stock Inventories reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Lock Stock Inventories shall not be liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4. LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party website's that are controlled and maintained by others. Any link to other website's is not an endorsement of such website's and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
5 COPYRIGHT
5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Lock Stock Inventories otherwise used by Lock Stock Inventories as permitted by law.
5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
6. DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, Lock Stock Inventories will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website or its services.
6.3 Lock Stock Inventories makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Lock Stock Inventories for death or personal injury as a result of the negligence of Lock Stock Inventories or that of its employees or agents.
7. INDEMNITY
You agree to indemnify and hold Lock Stock Inventories and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Lock Stock Inventories arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
8. SEVERANCE
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
9. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
Terms & Condition of Business
These are the Terms and Condition of Business for services provided between Lock Stock Inventories as an independent inventory company and an Instructing Principal or Client. The commissioning of Services by an Instructing Principal on behalf of their Client or the Clients legal representative shall be deemed an agreement to these terms and conditions.
1. FEES
1.1 The Client shall pay the fee within 30 days of the invoice date. Except where instruction is taking directly from a landlord or tenant where payment is required in full prior to any Services carried out.
1.2 The Company reserves the right to apply the Late Payment of Commercial Debts (Interest) Act 1998 for any fees more than 14 days overdue from the date of invoice, this will also include reasonable debt recovery costs in line with Late Payment of Commercial Debts (Interest) Act 1998. Interest will be applied both prior to and subsequent to any Court Judgement.
1.3 In the event that Services cannot be delivered, whether or not due to circumstances beyond the Client’s control, and 24 hours notice has not been given to the Company, an abortive fee will be charged.
1.4 Lock Stock Inventories reserve the right to charge additional fees at our discretion. Such additional fees would be considered appropriate for properties that are heavily furnished, or where there are additional rooms, en-suites, conservatories, extensions, basements, pool rooms, etc. We generally consider "furnished" properties to include basic essential furnishings, but not ornaments, books and other personal effects. Basic kitchen equipment will be listed at no additional charge for a furnished property, but sets of items such as glasses, crockery and cutlery will be listed as a set, not individually. If personal effects—linen, ornaments, etc.—and excess kitchen utensils are to be listed, this may be charged at a rate of £15.00 per half hour (checking, recording and typing time). Agents are responsible for informing landlords of any potential excess fees.
1.5 No additional charge will be made for photographs at the cost of the inventory make. In the event of a dispute at check-out, there will be three options of cost (as requested by the instruction principal): a) £2.50 per photograph or b) £10.00 per room or c) £65.00 all photos. In the event a client requires the photographs to be delivered at the time of the inventory make; option c) will apply.
1.6 All PDF reports are emailed to the client free of charge, but should the client required bound hard copies these can be requested and posted at a cost of £5 each.
1.7 All congestion charges and parking costs will be charged in addition to any fees quoted, unless otherwise agreed in writing.
1.8 All reports generated from Services delivered via any medium remain the sole property of the Company until all fees are paid in full.
2. REGULATIONS
2.1 Compliance with all regulations published by the Department of Trade and Industry / Trading Standards and/or similar bodies are the sole responsibility of the Client.
2.2 The Gas Safety (Installation and Use) Regulations 1994, amended by Statutory 1996, and The Regulations Re-enact 1998 - when the Report notes that the certificate has been seen, this does not mean any records have been authenticated by the Company. It is not a statement that the item can be considered to comply with the required regulations but merely a documented note that the certificate existed on the date of the inventory make.
2.3 The Electrical Equipment (Safety) Regulations 1994 and The Plugs & Sockets etc (Safety) Regulations 1994 - when the Report notes that the certificate has been seen, this does not mean any records have been authenticated by the Company. It is not a statement that the item can be considered to comply with the required regulations but merely a documented note that the certificate existed on the date of the inventory make.
2.4 Where the Report notes ‘FFR label seen’, this does not mean that the item complies with the Furniture & Furnishings (Fire) (Safety) (Amendments) 1993. It is a record that the item had a label as described or similar to that detailed in guides published by a regulatory or similar organisation at the time of the inventory make.
3. DiLAPIDATIONS
3.1 On termination of the tenancy the Report is rechecked, and any discrepancies and/or variations will be reported to the Client. The check-out report will indicate, in the opinion of the inventory clerk, whether there is any liability on the tenant, or whether any deterioration can be assessed as fair wear and tear. Fair wear and tear is assessed on the length of the tenancy and the type of occupancy and accepting that certain items receive higher usage. The Company acknowledge that the contractual terms listed in the tenancy agreement may overrule the opinion of the assessor.
4. COMPLAINTS
4.1 Any circumstances allegedly giving cause for complaint about Services provided or an invoice, must be notified to the Company by the Client within 3 working days of the Services being completed or receipt of invoice and confirmed in writing no later than 7 working days after the cause of the alleged complaint arises.
5. KEYS
5.1 The Company does not accept responsibility for any lost or unaccounted keys.
6. THE REPORT ( INVENTORY MAKE / CHECK-IN / MID TERM / CHECK-OUT )
6.1 Meter Readings, it is the agents and / or landlord’s responsibility to make the clerk aware of the locations of any meters and to ensure that they are labeled 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.
6.2 The appropriate utility companies must be assigned to check any meter readings. We cannot be held accountable for any discrepancies.
6.3 Items are generally described as seen. Where descriptions such as "pine", "brass", "granite" and so on are used, this is for visual identification only.
6.4 Lock Stock Inventories will not attempt to gain entry to rooms or cupboards where doors appear to be stuck, or areas that are crammed full (sheds for example). Where sheds and garages are to be inspected, the keys must be provided or left in an obvious place. We will not check lofts or unlit rooms.
6.5 We will not move heavy or large items unless assisted, nor will we stand on chairs or ladders to examine high level items.
6.6 At the end of the tenancy, all items should be returned to the appropriate room or area, as per the inventory.
6.7 Reports will be emailed in PDF format to the tenant, landlord, and/or agent within 48 hours of the inspection being carried out. If required bound hard copies can be requested and posted at a cost of £5 each.
6.8 Any discrepancies regarding the content of the report should be outlined to Lock Stock Inventories within seven days of receipt. After this time it will be assumed that all parties have accepted the report as accurate.
7. DISPUTES
7.1 The Company reserves the right not to attend court for any disputes arising out of a dilapidation assessment between the Client and a tenant if the inventory clerk did not attend a check-in appointment or sign on behalf of the Client. The Company will, providing the original inventory was provided by the Company, use reasonable endeavours to arrange for the inventory clerk to attend court to give evidence regarding the inventory. A fee will be chargeable.
7.2 In the event that all fees have not been paid in full any report may not be used without written permission of the Company.
8. EXCLUSIONS OF LIABILITY AND INDEMNITY
8. In the event that the Client gives the Company instructions which are followed in good faith but which are unlawful or result in an unlawful act or otherwise give rise to any kind of claim the Client will indemnify the Company against all penalties, damages, costs and legal expenses whatsoever which it may occur as the result of following the instructions.
9. LAW AND JURISDICTION
9. This Contract shall be governed by English Law and Scottish Law.
10. CONTRACT
10. No variation to these terms will be effective unless agreed in writing by an authorised signature of the Company.