1. INTRODUCTION TO TERMS & CONDITIONS
Welcome to Neville Cressy Property Management Ltd. These Terms and Conditions govern the property inventory and management services provided by us within England and Wales. By instructing us to provide services, you (the 'Client', which may include Landlords, Letting Agents, or Tenants) agree to be bound by these terms in full.
1.1
These Terms and Conditions of Business (“Terms”) apply to services supplied by Neville Cressy Property Management Ltd, referred to throughout these Terms as “Neville Cressy”, “we”, “us” or “our”. The person, company, letting agent, landlord, property manager, tenant, occupier, contractor or other party purchasing or instructing our Services is referred to as the “Client”, “you” or “your”.
1.2
These Terms apply to all Services supplied by us unless we expressly agree different terms in writing.
1.3
Where the Client is a business, these Terms apply as a business-to-business contract. Where the Client is an individual acting wholly or mainly outside their trade, business, craft or profession, the Client may be a “Consumer” for the purposes of applicable consumer legislation.
1.4
Nothing in these Terms is intended to exclude or restrict any legal right which cannot lawfully be excluded or restricted.
1.5
Where any provision of these Terms conflicts with a mandatory statutory right, the statutory right shall prevail.
1.6
Users are prohibited from using this website for any unlawful, fraudulent, harmful purposes, damaging of security or malicious software, knowingly or unknowingly.
1.7
This website or company holds no liability for any inaccuracies, errors, damages, or user suffer of losses from information provided and is entirely at the user’s own risk.
1.8
All parts of this website are owned by or licensed to the company Neville Cressy, and come under copyright laws, under no circumstances can any part of this website, its material or contents including text, logo, graphics, photography and company name.
2. OUR BUSINESS DETAILS
Company Name: Neville Cressy Property Management Ltd
Company Registration Number: [INSERT]
VAT Registration Number: [INSERT]
Registered Office:
Suite 836
26 The Hornet
Chichester
West Sussex
PO19 7BB
England
Telephone: 0800 998 7989
Email: Bookings@nevillecressy.co.uk
Website: https://www.nevillecressyltd.co.uk
Membership: Property Redress Scheme
3. OUR SERVICES
3.1
We provide property-related inspection, reporting, attendance and ancillary services.
Services may include:
- property inventories;
- schedules of condition;
- check-in reports;
- check-out reports;
- key handover;
- key collection and return;
- interim inspections;
- empty property checks;
- property viewings;
- contractor attendance;
- contractor access and attendance;
- lock-up services;
- fire alarm testing/checking and reporting;
- carbon monoxide alarm testing/checking and reporting;
- basic legionella risk assessments;
- time-stamped photographic reporting;
- marketing photography;
- property condition reporting; and
- other property-related services.
3.2
The exact Services provided will depend upon the Service agreed in the quotation, booking confirmation or other written instruction.
3.3
We reserve the right to decline an instruction where the requested Service is outside our competence, presenting health or safety risks, or where lawful access cannot be established.
4. NATURE AND SCOPE OF OUR SERVICES
4.1 Inventories and Schedules of Condition
An inventory or schedule of condition records the condition and/or contents of a Property at the time of inspection. Unless expressly agreed otherwise, an inventory is not a structural survey, building survey, valuation, or specialist inspection.
4.2 Check-in and Check-out Services
Check-in and check-out Services record observations made at the time of attendance. Our Report reflects the condition reasonably observable during the inspection. We are not responsible for defects which are hidden or concealed.
4.3 Interim Inspections
An interim inspection is a visual inspection undertaken for the purpose agreed with the Client. It is not a full inventory or structural survey.
4.4 Empty Property Checks
Empty property checks are limited to agreed visual checks and do not constitute continuous security monitoring.
4.7 Lock-up Services
Where we are instructed to lock up a Property, we will take reasonable care to secure the Property in accordance with instructions.
5. QUOTATIONS AND PRICING
5.1
Our prices are tailored to the requirements of each Client and Property.
5.2
Any published price list or promotional material is for general guidance and does not constitute a binding quotation.
5.3
The price for an individual Service will normally be confirmed in writing by quotation or email.
5.4
Once a quotation has been accepted, the agreed price remains fixed subject to these Terms.
5.6
Additional charges may apply where the Property or circumstances differ materially from information supplied, including heavily furnished properties, parking charges, or waiting time; in these circumstances additional cost may have to be negotiated.
5.7
All our reports are paperless, additional payment may be required for a full paper report including photography printouts.
6. BOOKING AND ACCEPTANCE
6.1
A booking may be accepted by:
· email;
· written confirmation;
· electronic approval;
· telephone confirmation followed by confirmation from us;
· payment;
· providing access arrangements; or
· another method reasonably demonstrating acceptance.
6.2
Once a booking has been accepted and confirmed, the Client agrees to pay the applicable fee subject to these Terms.
6.3
We may refuse or cancel a booking where circumstances make it unreasonable, unsafe or impractical to provide the Service.
7. BUSINESS CLIENTS
7.1
Business Clients may include:
· letting agents;
· estate agents;
· property management companies;
· landlords operating as businesses;
· housing providers;
· contractors;
· developers;
· relocation companies; and
· other commercial Clients.
7.2
We may establish an account for a Business Client.
7.3
Opening an account does not create exclusivity or guarantee any minimum level of Services.
7.4
Unless otherwise agreed, each Property instruction constitutes a separate Service booking.
7.5
We may rely upon instructions received from an employee or representative who reasonably appears authorised to act for the Business Client.
7.6
Business Clients are responsible for ensuring that persons instructing us have appropriate authority.
8. PRIVATE CLIENTS AND CONSUMERS
8.1
Where a Client is a Consumer, applicable consumer protection legislation will apply.
8.2
Nothing in these Terms is intended to remove or restrict statutory Consumer rights.
8.3
Where applicable, information concerning cancellation rights will be provided separately where required.
8.4
Where a Consumer expressly requests that Services begin before the expiry of any applicable cancellation period, we may commence the Services in accordance with the Client’s lawful request.
8.5
Where the law permits a cancellation right to be lost following full performance of a Service, the relevant legal requirements will apply.
9. PAYMENT
9.1 Private Clients
Unless otherwise agreed in writing, private landlords and other private Clients may be required to pay for Services in advance.
9.2 Business Clients
Unless otherwise agreed, approved Business Clients will normally be invoiced following completion of the Service.
9.3 Standard payment period
Unless otherwise agreed in writing, invoices are payable within 14 days of the invoice date.
9.4 Electronic invoicing
Invoices will normally be supplied electronically by email.
9.5 VAT
VAT will be shown separately where applicable.
9.6 Payment disputes
Any invoice dispute should be notified promptly and should identify the invoice, Property, Service, amount disputed and reason for the dispute.
Undisputed amounts remain payable by the normal due date.
10. LATE PAYMENT
10.1
We operate a strict late-payment policy; payments are due within a 14-day period from the date of invoice.
10.2
Where payment is overdue, we may:
· contact the Client;
· issue reminders;
· suspend further Services;
· decline new bookings;
· charge interest where legally permitted;
· seek permitted recovery costs;
· refer the matter to a debt-recovery agency; and/or
· commence legal proceedings.
10.3
Where the Client is a business, we reserve our statutory rights concerning late payment of commercial debts.
10.4
Any outstanding invoices of 60 days or more the company reserves the right to take legal action or refer to a debt collection agency.
10.5
Nothing in this clause prevents us from taking appropriate action earlier where reasonably necessary.
11. CANCELLATIONS AND RESCHEDULING
11.1
The Client should provide as much notice as reasonably possible when cancelling or changing an appointment.
11.2
Cancellation charges may apply depending upon:
· notice provided;
· whether we have already travelled;
· whether staff or contractors have been allocated;
· whether the appointment could reasonably be reallocated;
· costs already incurred; and
· whether the Client is a Consumer or Business Client.
11.3
Any cancellation charge applying to a particular booking will be communicated where reasonably practicable.
11.4
Where Consumer cancellation rights apply, those rights will take precedence over any conflicting cancellation charge.
11.5
We may charge for failed attendance where the Client has failed to provide appropriate access or otherwise caused the failed attendance, subject to applicable law.
11.6
The company reserves the right to cancel at any time for unforeseen circumstances.
11.7
Bookings must be cancelled at least 24 hours ahead of agreed time and all cancellations must be made in writing via email. Where possible we will also endeavour to offer an alternative booking. For cancellations occurring less than 24hrs of booking, a cancellation fee at the discretion of the company will be issued.
11.8
If a client/tenant does not show up to the property, the clerk will wait for up to half an hour and a fee will be charged to the booking client at the discretion of the company.
11.9
The Premises/properties must be accessible and safe to enter, together with any outbuildings included in the inspection. All keys provided must be correct and working. When any reports are being carried out any pets must be kept away for the duration of the inspection. Failure to adhere to these conditions will result in the service not being able to be carried out. In these circumstances we will endeavour to rectify the situation if not we reserve the right to charge a fee at the company's discretion.
11.10
It is the duty of the agent/landlord to inform tenants of any inspections/ property access. Landlords must give at least 24hrs, although two weeks notice is standard practice. Where notice has not been properly given the company will endeavour to reschedule or charge a fee at the company's discretion depending on time and other varying factors.
12. ACCESS TO PROPERTIES
12.1
The Client is responsible for ensuring that lawful and safe access is available. The Premises/properties must be accessible and safe to enter, together with any outbuildings included in the inspection. All keys provided must be correct and working. When any reports are being carried out any pets must be kept away for the duration of the inspection. Failure to adhere to these conditions will result in the service not being able to be carried out. In these circumstances we will endeavour to rectify the situation if not we reserve the right to charge a fee at our discretion.
12.2
The Client must provide accurate:
· keys;
· access codes;
· alarm information;
· gate information;
· parking information;
· tenant/occupier details;
· building access information; and
· other relevant instructions.
12.3
Neville Cressy has a duty to keep clerks safe, therefore any items/objects deemed unsafe to move, any areas deemed unreachable without a ladder, any areas with insufficient lighting, or any areas deemed unsafe in any way will not be inspected.
12.4
Additional attendance charges may apply where access failure results in further attendance.
12.5
We will not knowingly enter a Property without appropriate authority.
13. KEYS AND ACCESS DEVICES
13.1
Where we receive keys, fobs, cards or other access devices, we will take reasonable care of them.
13.2
Keys and access devices remain the property of the Client or relevant property owner.
13.3
Keys must be clearly identified and supplied in a manner which enables us to determine their intended use.
13.4
We are not responsible for losses arising from inaccurate or incomplete key information supplied by the Client.
13.5
Where keys are lost or damaged as a direct result of our proven negligence, our liability will be subject to the liability provisions of these Terms.
14. ATTENDANCE TIMES
14.1
Appointment times are agreed estimates unless expressly confirmed as fixed appointments.
14.2
We will endeavour to attend within the agreed time.
14.3
Circumstances outside our reasonable control may cause delays.
14.4
Where a delay is significant, we will endeavour to notify the Client.
15. WEEKENDS, BANK HOLIDAYS AND OUT-OF-HOURS WORK
15.1
We operate seven days a week subject to availability.
15.2
Additional charges may apply to:
· Saturdays;
· Sundays;
· bank holidays;
· early mornings;
· evenings;
· urgent bookings; and
· same-day bookings.
15.3
The applicable charge will be included in the quotation.
15.4
We do not normally operate routine Services on Christmas Day or New Year’s Day.
16. PROPERTY CONDITION AND REPORTING
16.1
Our Reports are based upon observations made during the agreed inspection.
16.2
Reports are not intended to identify every defect within a Property.
16.3
Areas that are inaccessible, obscured, locked or otherwise unavailable may be recorded as such.
16.4
We may rely upon information supplied by the Client, landlord, agent, tenant, occupier or other authorised person.
16.5
We are not responsible for inaccuracies in information supplied by others unless we have independently verified that information as part of the agreed Service.
17. PHOTOGRAPHY AND TIME-STAMPED RECORDS
17.1
Where included within the Service, Reports will contain photographs taken during the inspection.
17.2
Photographs may include date/time information or other metadata supplied by our reporting systems.
17.3
Photographs are intended to support the written Report and are not necessarily a complete photographic record of every part of the Property.
17.4
Photography is undertaken for legitimate property-management, evidential, reporting or marketing purposes as applicable.
17.5
It is the duty of the client to inform any tenants/occupants that these photographs are taking place.
18. REPORTS AND DIGITAL DELIVERY
18.1
Our standard Reports are paperless and supplied electronically.
18.2
Reports may be generated, stored or delivered using third-party software and applications used by Neville Cressy.
18.3
The Client is responsible for ensuring that it can receive electronic communications and access electronic Reports.
18.4
Where a printed Report is specifically requested, an additional charge may apply.
18.5
We recommend that Clients retain copies of Reports supplied to them.
19. REPORT REVIEW AND AMENDMENTS
19.1
The Client should review Reports promptly after receipt.
19.2
Any factual, typographical or administrative error should be notified within 5 calendar days of receipt, after this it will be assumed no amendments need to be made, this applies to all parties involved.
19.3
Where a genuine error is attributable to Neville Cressy, we will review and, where appropriate, correct the Report.
19.4
We will not knowingly alter an accurate factual observation merely because a Client, landlord, tenant, agent or other person disagrees with the observation.
19.5
Requests to add information, change wording or amend an accurate Report may be chargeable where the Report has already been finalised.
19.6
Where an additional physical attendance is required, an additional attendance charge may apply.
19.7
After five calendar days, a Report may be treated as accepted for the purposes of the Services provided, subject to:
· applicable statutory rights;
· our responsibility for genuine errors;
· latent issues; and
· any other rights which cannot legally be excluded.
20. CLIENT RESPONSIBILITIES
The Client is responsible for:
· providing accurate information;
· arranging lawful access;
· providing appropriate keys and access codes;
· notifying us of known hazards;
· notifying us of vulnerable persons, animals or other circumstances relevant to attendance;
· ensuring tenants/occupiers receive any legally required notice;
· obtaining necessary permissions;
· providing accurate billing information; and
· paying our fees in accordance with these Terms.
21. HEALTH AND SAFETY
21.1
We will take reasonable care of the health and safety of our personnel while attending Properties.
21.2
The Client must inform us of known hazards.
21.3
We may refuse or terminate an attendance where we reasonably believe there is an unacceptable risk.
21.4
Examples may include:
· aggressive animals;
· dangerous occupants;
· exposed electrical hazards;
· suspected asbestos;
· unsafe structures;
· significant infestations;
· dangerous substances;
· serious environmental hazards;
· threats or violence; or
· other circumstances presenting a significant risk.
21.5
Where reasonably practicable, we will notify the Client if a Service cannot safely be completed.
22. ALARMS,SAFETY EQUIPMENT & METER READINGS
22.1
Alarm checks include fire/smoke alarm, heat sensor, carbon monoxide (CO) and security systems.
22.2
A basic operational check does not constitute statutory certification. Although dates of any previous certificates and expiry dates are included in the reports.
22.3
All alarms are tested for functional and compliant with local regulations at the time of testing. We cannot guarantee the ongoing operation of alarm systems once the technician leaves the site. Alarms up keep and maintenance remain the responsibility of the landlord/tenant.
22.4
Where an apparent defect is identified, we may record it in the Report and recommend appropriate action.
22.5
Listings of any safety equipment such as fire extinguishers, fire blankets, warning and caution labels are a record that such items exist only and are not a guarantee of safety.
22.6
The clerk will endeavour to carry out their duty to record meter readings for gas, water and electricity; although the clerk cannot be held liable for any inaccuracies or certain limitations regarding insufficient access, safety, or any operational malfunction of meters and smart meter displays.
22.7
Where the Company is instructed by the Client to test, inspect or assess any security system, including but not limited to alarms, CCTV, access-control systems, locks, sensors, security tags or related equipment, the Client confirms that it has the necessary authority to instruct the Company.
22.8
The Company will not intentionally access, copy, retain or disclose personal or confidential information encountered during testing except where reasonably necessary to perform the agreed services or where required by law.
22.9
Any security weakness, defect or failure identified during testing will be reported to the Client in accordance with the agreed reporting procedure. The Company does not guarantee that testing will identify every defect, vulnerability or failure within a security system.
22.10
The Company may temporarily activate, deactivate, trigger or otherwise operate security equipment where reasonably necessary to conduct an authorised test. The Company will take reasonable care to minimise disruption and will follow any testing procedures or restrictions notified by the Client in advance.
22.11
The Company is not responsible for failures, defects or vulnerabilities in a security system that existed before testing, nor for any loss arising from the Client's failure to provide accurate information, appropriate access, required permissions or adequate instructions.
23. LEGIONELLA SERVICES
23.1
Any basic legionella risk assessment is limited to the scope expressly agreed.
23.2
The assessment will be carried out having regard to applicable UK health and safety legislation and relevant Health and Safety Executive guidance, including the Approved Code of Practice L8 – Legionnaires’ disease: The control of legionella bacteria in water systems and, where applicable, HSG274 technical guidance.
23.3
The Company does not provide a guarantee or certificate confirming that the property is “Legionella free”.
23.4
The Company shall not be responsible for ongoing Legionella control or monitoring unless this has been expressly agreed as a separate service.
23.5
The Client remains responsible for obtaining specialist advice where required. Where the assessment identifies a significant or foreseeable risk, the Client is responsible for taking appropriate action and, where required, implementing a suitable written control scheme.
22.6
We do not provide specialist water hygiene engineering unless expressly agreed and appropriately qualified personnel are engaged.
23.7
The Company shall not be responsible for risks or recommendations affected by information that has not been disclosed or that was inaccurate or incomplete.
24. CONTRACTOR ATTENDANCE
24.1
Where we attend on behalf of a contractor, our responsibility is limited to the agreed attendance.
24.2
Unless expressly agreed, we do not:
· supervise contractors;
· certify workmanship;
· guarantee completion;
· inspect technical work;
· accept responsibility for contractor actions; or
· warrant materials or workmanship.
25. MARKETING PHOTOGRAPHY AND FLOORPLANS
25.1
Marketing photography is intended to represent the Property fairly and professionally.
25.2
We do not guarantee that photographs will result in a Property being let or sold.
25.3
Floorplans are supplied for the agreed purpose and should not be relied upon as legal or architectural documentation unless expressly stated.
26. SOFTWARE AND THIRD-PARTY SYSTEMS
26.1
We may use third-party software, applications, platforms and cloud systems to deliver our Services.
26.2
These systems may be used for:
· report generation;
· photography;
· time-stamping;
· scheduling;
· communications;
· document storage;
· floorplans;
· property records; and
· other operational purposes.
26.3
We will take reasonable steps to ensure that third-party systems are used appropriately.
26.4
We cannot guarantee uninterrupted availability of third-party systems outside our reasonable control.
27. CONFIDENTIALITY
27.1
Each party agrees to keep confidential information obtained through the business relationship confidential, except where disclosure is:
· required by law;
· required by a regulator or redress scheme;
· necessary to obtain professional advice;
· necessary for insurance purposes;
· necessary to provide the Services; or
· otherwise authorised by the relevant party.
27.2
Confidential information may include:
· access codes;
· keys;
· security information;
· tenant information;
· landlord information;
· pricing;
· Reports;
· business information; and
· other commercially sensitive information.
28. DATA PROTECTION
28.1
Each party will comply with applicable UK data-protection legislation.
28.2
Where personal information is provided to us, the Client confirms that it has the appropriate authority and lawful basis to provide that information where required.
28.3
Where we process personal data on behalf of a Client, the parties will comply with applicable data-protection requirements.
28.4
Further information is contained in our Privacy Notice.
29. INTELLECTUAL PROPERTY
29.1
Unless otherwise agreed, copyright and other intellectual property rights in our Reports, templates, forms, photographs, floorplans, systems, branding and materials remain with Neville Cressy or the relevant rights holder.
29.2
Once the Client has paid for the relevant Service in full, the Client receives a non-exclusive right to use the resulting Report and associated materials for the purpose for which the Service was commissioned.
29.3
The Client must not resell, reproduce or commercially redistribute our templates, systems or proprietary materials without our written permission.
29.4
This clause does not prevent reasonable use of Reports in connection with the management, letting, sale, maintenance or lawful administration of the relevant Property.
29.5
Iintellectual property rights, our logo, company name, website and contents remain the property of Neville Cressy Property Management Ltd and are subject to copyright and must not be copied or used in anyway without the company’s permission.
30. PHOTOGRAPH COPYRIGHT
30.1
Unless otherwise agreed, photographs taken by us remain subject to our intellectual property rights.
30.2
Upon payment of the relevant Service fee, the Client receives permission to use supplied photographs for the agreed Property-related purpose.
30.3
The Client must not knowingly use photographs in a misleading or unlawful manner.
31. INSURANCE
31.1
Neville Cressy maintains appropriate Public Liability Insurance and Professional Indemnity Insurance for the Services provided.
31.2
Evidence of current insurance may be supplied upon reasonable request.
31.3
Our insurance arrangements do not extend our contractual liability beyond the limits and exclusions applicable under these Terms.
32. LIABILITY
32.1
We will provide Services with reasonable care and skill as required by applicable law.
32.2
Nothing in these Terms excludes or limits liability for:
-
death or personal injury caused by negligence;
-
fraud or fraudulent misrepresentation;
-
fraudulent concealment;
-
breach of statutory rights which cannot lawfully be excluded; or
-
any other liability which cannot legally be excluded or limited.
32.3
Subject to clause 32.2, we will not be responsible for loss caused by:
-
information supplied incorrectly by the Client or another party;
-
concealed defects;
-
inaccessible areas;
-
events outside our reasonable control;
-
failure of third-party systems;
-
actions of tenants, occupiers, contractors or other third parties; or
-
the Client’s failure to act upon information contained within a Report.
32.4
Where legally permitted, our total liability arising from a particular Service will not exceed the greater of:
(a) the total fees paid or payable for that particular Service; or
(b) £[INSERT].
32.5
Nothing in this clause prevents a Consumer from exercising statutory rights that cannot lawfully be excluded.
33. RELIANCE ON REPORTS
33.1
Reports are prepared for the Client and agreed Property-related purpose.
33.2
A third party relying upon a Report does so at its own risk unless Neville Cressy has expressly agreed in writing to that third-party reliance.
33.3
Reports should not be treated as specialist professional surveys unless expressly described as such.
34. INDEMNITY
34.1
To the extent permitted by law, the Client agrees to compensate us for losses reasonably incurred as a result of the Client:
· providing false or materially misleading information;
· instructing us to undertake unlawful activity;
· failing to provide lawful access;
· failing to disclose known hazards; or
· using our Reports or materials unlawfully.
34.2
This clause does not require a Consumer to compensate us for losses arising solely from exercising a statutory right.
35. THIRD-PARTY SERVICES
35.1
We may recommend that the Client obtains specialist services from an appropriately qualified third party.
35.2
Unless expressly agreed otherwise, we are not responsible for the acts or omissions of independent third-party contractors.
35.3
Where we arrange a third-party service as the Client’s agent, the third party’s own terms may apply.
36. SUBCONTRACTORS AND PERSONNEL
36.1
We may use suitably competent employees, contractors or subcontractors to provide Services.
36.2
We remain responsible for Services to the extent required by these Terms and applicable law.
36.3
We may substitute personnel where reasonably necessary.
37. FORCE MAJEURE
37.1
We will not be liable for failure or delay caused by circumstances outside our reasonable control.
37.2
Such circumstances may include:
· extreme weather;
· flooding;
· fire;
· power failure;
· telecommunications failure;
· transport disruption;
· industrial action;
· epidemic or pandemic;
· government action;
· civil disorder;
· security incidents;
· third-party software failure;
· serious illness;
· accidents; or
· other circumstances reasonably outside our control.
37.3
Where possible, we will notify the Client and seek to reschedule affected Services.
38. PROPERTY REDRESS SCHEME
38.1
Neville Cressy Property Management Ltd is a member of the Property Redress Scheme.
38.2
We will comply with the applicable rules and requirements of the Scheme insofar as they apply to our activities.
38.3
Where a complaint falls within the jurisdiction of the Property Redress Scheme, the relevant redress process may be available following completion of our internal complaints procedure.
39. COMPLAINTS
39.1
We aim to resolve complaints fairly and promptly.
39.2
Complaints should preferably be submitted in writing.
Complaints Email: Bookings@nevillecressy.co.uk
39.3
The Client should provide:
- name;
-
Property address;
-
booking reference;
-
date of Service;
-
details of the complaint; and
-
desired resolution where applicable.
39.4
We will investigate complaints reasonably and provide a response within an appropriate period.
39.5
Where appropriate, we may:
-
correct a Report;
-
provide clarification;
-
repeat an inspection;
-
refund an appropriate amount;
-
offer another reasonable remedy; or
-
explain why the original Service was considered appropriate.
39.6
Further details are contained in our separate Complaints Procedure.
40. TERMINATION
40.1
Either party may terminate an ongoing business relationship by written notice unless a separate agreement provides otherwise.
40.2
Termination does not cancel fees already incurred or Services already provided.
40.3
We may suspend or terminate Services where:
· invoices remain unpaid;
· access repeatedly fails;
· the Property presents an unreasonable risk;
· unlawful instructions are provided;
· staff are subjected to abusive or threatening behaviour;
· information supplied is materially misleading; or
· continuation of the relationship would create unreasonable legal, financial or operational risk.
40.4
Termination does not affect provisions intended to continue after termination.
41. NO EXCLUSIVITY
41.1
Unless expressly agreed in writing, our relationship with a Client is non-exclusive.
41.2
The Client may use other service providers.
41.3
We may provide Services to other Clients, including businesses operating within the same property market.
42. NO MINIMUM COMMITMENT
42.1
Unless separately agreed, the Client is not required to provide a minimum amount of work.
42.2
We do not guarantee a minimum level of availability except in relation to confirmed bookings.
43. CHANGES TO THESE TERMS
43.1
We may update these Terms from time to time.
43.2
The version applicable to a booking will normally be the version in force when the booking is confirmed.
43.3
Changes will not retrospectively alter a confirmed booking unless agreed or required by law.
44. SEVERABILITY
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be treated as modified or removed to the minimum extent necessary, and the remaining provisions will continue to apply.
45. WAIVER
A failure or delay by either party to exercise a right under these Terms does not constitute a waiver of that right.
46. ENTIRE AGREEMENT
46.1
These Terms, together with the applicable quotation, booking confirmation and any expressly agreed written variations, form the agreement between the parties concerning the relevant Services.
46.2
The Client should not rely upon statements which are not contained within the agreed contractual documents unless expressly confirmed in writing.
47. ASSIGNMENT
The Client may not transfer its contractual rights or obligations to another party without our written agreement, except where permitted by law.
We may transfer or subcontract performance of our obligations where reasonably necessary, provided that this does not unlawfully prejudice the Client.
48. GOVERNING LAW
These Terms and any contract between Neville Cressy and the Client are governed by the law of England and Wales.
Subject to any mandatory consumer rights or alternative dispute-resolution requirements, the courts of England and Wales shall have jurisdiction.
49. ACCEPTANCE OF THESE TERMS
By:
-
accepting a quotation;
-
confirming a booking;
-
instructing us by email;
-
making payment;
-
requesting that we attend a Property; or
-
otherwise instructing Neville Cressy to provide Services,
the Client confirms that they have had an opportunity to review these Terms and agrees that the relevant Services will be supplied subject to them.
Where the Client is a Consumer, this clause is subject to all applicable statutory consumer rights.
50. CONTACT DETAILS
Neville Cressy Property Management Ltd
Suite 836
26 The Hornet
Chichester
West Sussex
PO19 7BB
England
Company Registration Number: 17299570
VAT Registration Number: 523109231
Telephone: 0800 998 7989
Email: Bookings@nevllecressy.co.uk
Website: https://www.nevillecressyltd.co.uk
Property Redress Scheme Membership
DISCLAIMER
Disclaimer
The information contained on this website and within our marketing materials is provided for general guidance and informational purposes only. It does not constitute legal, financial, or professional advice. While we strive to ensure the accuracy of all content, Neville Cressy Property Management Ltd makes no representations or warranties of any kind regarding the completeness or suitability of the information provided for any specific purpose.
Our clerks have been trained to identify fair wear and tear in accordance to UK law. Deductible observations include but are not limited to; stains, deep scuffs, unapproved decoration, structural damage, general cleanliness, negligence issues, damage caused by pets or smoking. Non-deductible observations in fair wear and tear include; sun fading, aging, worn items especially in high traffic areas, minor scuffs and cracks from building settlement. Their observations are an impartial, independent account of evidence-based data only. The agent and landlord hold authority for decision of any deductions made.
Neville Cressy has a duty to keep clerks safe, therefore any items/objects deemed unsafe to move, any areas deemed unreachable without a ladder, any areas with insufficient lighting, or any areas deemed unsafe in any way will not be inspected.
While accuracy of all measurements has been meticulously made, they are approximate and for guidance only.
Testing of appliances will not be made by the clerk; condition merely states the appearance of said appliances not the working order. This includes any apparatus, equipment, services, fixtures and fittings within the property. Where lights are checked for working order, this is not a guarantee of safety or functionality of electrical or gas appliances, which will require testing by a qualified electrician. Testing of fire and carbon monoxide alarms will be stated tested for sound only where safe to do so, any hard-to-reach alarms will not be tested by our clerks. Fire alarm testing by our specialists using specialist equipment will be tested and reported on as working or not working on the date tested only and we take no liability for up keep or for when retesting should occur. Fire and carbon monoxide alarms maintenance remains the responsibility of Landlords, Agents and Tenants.
Listings of any safety equipment such as fire extinguishers, fire blankets, warning and caution labels are a record that such items exist only and are not a guarantee of safety.
The clerk possesses no formal certification as an electrician, gas engineer or qualified plumber, testing of taps, toilets, water softeners, boilers, water storage, radiators, are not included within the report and therefore the deeming of safety and/or in working order, remain the responsibility of agents and landlords for any reliability of these items. Where visual damages can be seen e.g. broken, leakage, drips, these will be reported to the agent/landlord and included within the report.
The clerk will endeavour to carry out their duty to record meter readings for gas, water and electricity; although the clerk cannot be held liable for any inaccuracies or certain limitations regarding insufficient access, safety, or any operational malfunction of meters and displays.
The clerk holds no expertise as a valuer or expert on antiques, furniture or fabrics and materials. These items will be reported upon for appearance condition only. Where an item may be listed as “silver” or “gold” this refers to the colouring of said items only and not the material.
Shading of paints, wallpaper, furniture and furnishings’ will be general and not specify different shades e.g. “yellow wallpaper”. Likewise, photographs may not always depict real world view in regards to shading and colours.
The clerk is not in a position to deem what is and is not important to the landlord, therefore any items left in the property at the start of the inventory, will be listed, including perishable items; it is the responsibility of the landlord to ensure properties are clear of any unwanted items.
Where there is an expansive number of items e.g. cleaning products under sink, lots of books on a large shelf, etc... these will be listed as such and not the individual name or make of the product/item, the condition of these items individually will also not be reported upon.
The listing of “new” items will only be stated as such if still within the original packaging. Where items are listed as “new” this will not guarantee working order nor the safety of such items.
Any links to third-party websites or references to external service providers are provided for convenience only and do not constitute an endorsement. Neville Cressy Property Management Ltd is not responsible for the content, privacy policies, or legal standing of any third-party platforms.
Legal Notice: Clients are strongly advised to seek independent legal or professional advice concerning specific property disputes, complex regulatory compliance, or financial matters.
Legal Provisions
Liability and Indemnity
Neville Cressy Property Management Ltd provides inventory services as an independent record of condition and does not act as a qualified surveyor, structural engineer, or valuer. While we take every care to ensure accuracy, our reports are for property management purposes only and do not constitute a survey of the property's structural integrity or the functional safety of any electrical or gas appliances. Our liability is limited to the value of the fee paid for the specific service provided.
1. The Client agrees to indemnify Neville Cressy Property Management Ltd against any claims, losses, or costs arising from inaccurate information provided by the Client or their representatives.
2. We are not liable for any hidden defects, structural issues, or mechanical failures that are not visible during a standard visual inspection of the premises.
3. Limitation of liability: Our total liability for any claim arising out of our services shall not exceed three times the fee paid for the report in question.
Any disputes arising from these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales. These terms shall be governed by and construed in accordance with the laws of England and Wales, ensuring a professional and transparent framework for all parties involved.