Terms & Conditions

Terms & Conditions and Cancellation Policy Notice


1) Introduction
This is a legal agreement between Eminent Home Inspections and You (‘You’ or ‘Your’). These terms and conditions of business shall apply to all commissions undertaken by Eminent Home Inspections, unless otherwise specifically agreed in writing. By using an online order form or by ordering via telephone, fax, post or email you agree to be bound by these Terms and Conditions. All orders and requests for commissions or any additional services will be subject to Eminent Home Inspections' acceptance which will be notified to you when Eminent Home Inspections confirms Your order and will be governed by these Terms and Conditions. Eminent Home Inspections reserves the right to amend this agreement from time to time and new versions of this agreement will be posted on Eminent Home Inspections' web site.
 
2) Eminent Home Inspections Commissions
Eminent Home Inspections provides various services from time to time, which may include without limitation filming and photographing premises, processing panoramic images, producing Energy Performance Certificates (EPC), Home Information Packs (HIP), draughting floor-plans, hosting web pages and printing various documents. Eminent Home Inspections reserves the right to reject any commission.
 
3) Eminent Home Inspections Fees
Eminent Home Inspections' fees are subject to change from time to time. Eminent Home Inspections' fees are payable immediately at the point of ordering or on supply of an invoice before any work is completed or on completion of the commission. Eminent Home Inspections reserves the right to charge interest at 4% above Lloyds TSB Bank base rate from time to time for any amounts outstanding beyond 30 days. All invoices are subject to VAT where applicable. If, despite reminders you have still not paid any amount outstanding after 90 days, then Eminent Home Inspections reserves the right to add a charge of £500 to the outstanding amount to cover debt collection administration.
 
4) Information from you
You will be asked by us to provide us with information about your property that we deem necessary to produce a Home Information Pack once we have accepted your order. The specific questions we ask will vary from property to property. We will ask for this information in an e-mail or in a letter by post or in person. You will be required to provide the information by e-mail or in a letter by post or in person. You may incur additional charges in obtaining information to send to us for our inclusion in the Home Information Pack. An example of such costs (but not limited to) might be Landlords or Managing Agents charges for providing a copy of a lease and other leasehold information. Any such costs are not included in our charges. We shall not be liable for any losses of any customer information forms sent to us and you are advised to take copies of all items prior to sending them to us. Information provided by you to us will form part of the publicly-available Home Information Pack or Energy Performance Certificate upon which reliance may be made by potential or actual buyers, mortgage lenders and other interested parties. It is imperative that all information provided by you to us is as accurate and complete as possible. You may be held liable for any false, misleading, inaccurate or incomplete information you provide. You agree to notify us immediately if you become aware of any information that you have provided to us is incorrect, inaccurate, false or misleading. You agree to indemnify us against all costs, claims, damages, losses and expenses arising as a result of any claim or action suffered by us if you provide us with any incorrect information, material or data.
 
5) Third Parties
You acknowledge and agree that during our preparation of a Home Information Pack for you, it will be necessary for us to obtain reports from third parties on your behalf in relation to the property for sale. The fee that we charge you for preparing a Home Information Pack includes our costs of obtaining certain specified Third Party Reports on your behalf. Where we obtain Third Party Reports on your behalf, you acknowledge and agree that we do so as your agent and we shall be permitted to disclose to the relevant party from whom we obtain any Third Party Report that we are acting on your behalf. As such, the contract for the provision of such Third Party Reports will be between you, as the disclosed principal and the provider of the Third Party Report and we at Eminent Home Inspections are not a party to any such contract we make as your agent and we cannot sue or be sued upon it. Whilst we shall use all reasonable endeavours to obtain any required Third Party Reports for you from suitably qualified and experienced third parties whom we reasonably believe to have the relevant degree of expertise and appropriate professional standing, you acknowledge that we are not liable for the contents of any Third Party Reports and/or any delay, errors or omissions by any third party providing such Third Party Reports. In the event that you exercise your right to cancel an order in accordance with the provisions of clause 4, we reserve the right to charge you for any costs incurred by us in ordering or obtaining Third Party Reports on your behalf prior to the date of cancellation of the Agreement.
 
6) Health and Safety
Eminent Home Inspections and its assessors are required to comply with Health and Safety legislation and RICS Guidance Note “Surveying Safely – A commitment to Surveying Safely”. The assessor will assess the safety implications presented by the site and may have to restrict the scope of the inspection that is able to be carried out. 
 
7) Photographs and Virtual Aids
Eminent Home Inspections will use reasonable skill and care in taking photographs and preparing any materials in fulfilment of a commission. It is Your responsibility to check photographs and other materials supplied to ensure that they are correct in all requirements. Your attention is drawn to clause 8 below which covers the limitation of Eminent Home Inspections' liability.
 
8) Reports
All reports follow a visual inspection of the accessible parts of the property. Notes and photographs are taken during the inspection and these notes contain the original information to which the assessor refers and upon which the assessor relies when subsequently reporting to a client, either verbally or in writing. There will be practical limitations on the scope of the inspection. The assessor will not break out or open up the structure, lift fitted carpets, cut floorboards or move heavy or delicate furniture. Ladders are carried for access to flat roofs and structures up to a height of three metres. The assessor will inspect accessible and safe roof spaces and areas below floors, but will be unable to report that parts of the property which are covered, unexposed or otherwise inaccessible.
 
9) Floor Plans
Eminent Home Inspections will use reasonable skill and care in sketching and draughting floor plans. All floor plans supplied by Eminent Home Inspections are intended for indicative purposes only, they are not intended to be scale drawings and measurements and areas quoted are approximate, whether or not a suitable disclaimer appears on the drawing. Eminent Home Inspections draws Your attention to the requirements of the Property Misdescriptions Act 1991 ('PMA'). It is Your responsibility to ensure that a floorplan is an accurate representation of the property. Eminent Home Inspections accepts no liability whatsoever for any error or omission or inadvertent mis-statement in a floor plan.
 
10) Web Hosting
Where Eminent Home Inspections agrees as part of a commission to host files on Eminent Home Inspections' web server, then in the absence of a specific agreement to the contrary, such hosting will be provided for a period of 1 year only. At the expiry of this 1 year period, or such other period as shall have been agreed, Eminent Home Inspections will have the right, without notice, to remove the files from its web server. Eminent Home Inspections may offer to extend the web hosting for a fee to be agreed between the parties.
 
11) Printing
Eminent Home Inspections will use reasonable care and skill in producing hard copy certificates, HIPs, booklets, brochures and manuals. Eminent Home Inspections will supply all necessary documents by email in PDF format prior to printing. In approving a proof for print you take full responsibility for the content of the proof and will be deemed by Eminent Home Inspections to have checked the final version in detail including the photographs, the text and the floor plan. When a proof is approved by you, Eminent Home Inspections will produce a printed hard copy that reflects the PDF proof to within accepted commercial tolerances on colour reproduction. Proofs viewed on incorrectly calibrated computer screens and printed on office printers may not reflect the true colours of a hard copy and Eminent Home Inspections takes no responsibility for differences that may arise as a result. Note also that a proof viewed on screen will generally be slightly brighter than the printed version. In the event that on delivery to you the hard copies are unsatisfactory due to damage in transit or for any other reason you must retain all copies affected for collection by Eminent Home Inspections to allow the problem to be assessed, otherwise Eminent Home Inspections cannot take responsibility for rectifying such errors.
 
12) Your Obligations
You will be liable for the full cost of a commission if Eminent Home Inspections' employees or agents are unable to gain access to the premises for an agreed appointment (* see below). If another appointment is made to access the premises, this will be at an additional cost to be agreed between the parties (* see below). You will be responsible for ensuring that the premises to be accessed, filmed, photographed or drawn for a floor plan are in a suitably presentable state. You will be responsible for ensuring that the display and distribution of photographs, virtual tours, floor plans and printed particulars, via internet, post, hand delivery, fax or email complies with all relevant legislation including without limitation, the Property Misdescriptions Act 1991. You warrant that you have the authority to commission the photography, production of a virtual tour, floor plan and printed particulars of the premises in question, including allowing Eminent Home Inspections' employees or agents access to the premises.
 
13) Warranties and Liabilities
Eminent Home Inspections warrants that it will use reasonable skill and care to provide the commission. Eminent Home Inspections warrants that it will not materially adjust or manipulate any images filmed. All other warranties express or implied are hereby excluded to the fullest extent permitted by law. Any liability Eminent Home Inspections may have (whether in contract, tort, including negligence or otherwise) shall be limited to the total fees paid by you under this agreement. Eminent Home Inspections shall not be liable to you or to any third party for any loss of profits, loss of sales, loss of turnover or loss of use or corruption of data or software or for any indirect, consequential or special loss. This does not exclude Eminent Home Inspections' liability in respect of fraud or in respect of death or personal injury caused by Eminent Home Inspections' negligence. Eminent Home Inspections does not guarantee that any of it's virtual tour files shall be playable on any particular computer system. Eminent Home Inspections shall not be responsible for any delay or failure to carry out Eminent Home Inspections' commissions under this agreement for reasons beyond Eminent Home Inspections' reasonable control including but not limited to the acts or omissions of a third party or Your failure to perform Your obligations. If Eminent Home Inspections' employees or agents fails to arrive within 30 minutes of an agreed appointment you may elect for a new appointment at a mutually agreed time or request a full refund of any monies paid in respect of the commission. In the event of a dispute about the quality of pictures taken, Eminent Home Inspections may in its sole discretion, elect to re-shoot the images or offer a full refund of any monies paid. This section shall survive the termination of this agreement for any reason.
 
14) Termination
Eminent Home Inspections reserves the right to terminate this agreement without notice for any reason including non-payment of fees. Eminent Home Inspections' fees shall be payable immediately on termination or expiry howsoever caused of this agreement.
 
15) Intellectual Property
All copyright and other intellectual property rights in and relating to the commission shall be owned exclusively by Eminent Home Inspections.
 
16) Limitation as to use
You are expressly prohibited from using any part of a commission undertaken by Eminent Home Inspections in conjunction with any other supplier, provider or customer.
 
17) General Terms
This is the only agreement between Eminent Home Inspections and You. If a court decides that any part of the agreement cannot be enforced, then that part will not apply. The rest of this agreement will continue to apply. Any notice given under this agreement must be made in writing and sent by pre-paid first class post to the parties' respective addresses. [Eminent Home Inspections' address is Eminent Home Inspections Ltd., Somerset House, Clarendon Place, Leamington Spa, Warwickshire, CV32 5QN]. This agreement shall be governed by English Law and the English courts.
 
18) Cancellation Policy
Our policy is that You can postpone a job at any time up to 5pm the day before the visit to the property without cost, so long as Eminent Home Inspections has not already become committed to expenditure which can not be avoided (eg travel costs). If Eminent Home Inspections has already become committed to such costs, Eminent Home Inspections will charge You accordingly.  Cancellation or postponement of any appointment for any reason after 5pm of the day prior to appointment incurs an automatic charge equivalent to 50% of the full price of the job. Total cancellation of any job/appointment can only take place if no actions/work has already been undertaken by Eminent Home Inspections as our ordering systems are fully automated and refunds in these circumstances would not be applicable.
 
19) Redress Procedure
Eminent Home Inspections operates a redress procedure, a copy of which is available on request.
 
End
Printable Version
footer image
Eminent Home Inspections Ltd
Somerset House, Clarendon Place, Leamington Spa, CV32 5QN
Telephone: +44 (0) 1926 427788  Fax: +44 (0) 1926 557788
Contact Us  |  News Archive  |  Site Map  |  Bookmark