London Local Property Surveyor
Terms and Conditions
These Terms set out and govern the obligations of London Property RICS Surveys Ltd / trading as London Local Property Surveyor herein after called ‘the Company to you and your obligations to The Company in relation to your use of the Website.
Please read these Terms carefully. You agree to be bound by these Terms. If you do not accept these Terms you will not be provided with the Services and access to the RICS & Surval Reports.
You are advised to print and retain a copy of these Terms for your future reference.
1. Definitions
“Account” shall have the meaning set out in clause 2.2;
“Appointed Surveyor” means the Surveyor who shall provide you with the Surveyor Services, and who for the avoidance of doubt is a member of the Royal Institution of Chartered Surveyors; The appointed surveyor is a sub-contractor appointed by the company.
‘The Company’s surveyor’ is a surveyor employed by the company.
‘ Surveyor’ is either the Appointed Surveyor or The Company Surveyor
“Confirmation Email” has the meaning set out in clause 2.3;
“Documentation” means, collectively, the following documents: “Leasehold Properties”, “Choosing between Surveys” and “Description of Service”;
“The Company” means London Property RICS Surveys Ltd / trading as London Local Property Surveyor a company registered in England and Wales with registered company number 13625303 and registered address at Level 3 207 Regent Street, London W1B 3HHt
“Fee” means the fee paid by you to the Company in consideration for the Services;
“Report” means the report produced by the Surveyor following the provision of the Surveyor Services in respect of the Property;
“The Company Services” means the services provided to you by The Company, as set out in clause 6;
“Location” means the location by postcode in which the Surveyor offers to provide the Surveyor Services;
“Network” means the electronic communications network used by The Company to provide the Services;
“Order” has the meaning set out in clause 2.2;
“Property” means the property which you designate during your completion of the Order as the property on which you require a Report;
“Quote” means the estimated Fee based on the information which provided by you;
“RICS” means the Royal Institution of Chartered Surveyors, having its registered address at Parliament Square, London SW1P 3AD;
“Services” means the The Company Services and the Surveyor Services;
“Standard Terms of Engagement” means the terms and conditions on which you enter into an agreement for the supply of Surveyor Services with the Surveyor and which shall be substantially in the form set out on the Website;
“Surveyor Fee” means the fee payable to The Company for the Surveyor Services as more specifically set out as this website
“Surveyor Services” means the execution of the survey and any other associated services required for the creation of the RICS Homebuyer Report and more particularly set out in the Standard Terms of Engagement;
“Website” means The website to which these terms and conditions are attached or any other unique resource locator notified to you by The Company from time to time.
Reports include the following:
‘The RICS Building Survey’ is a specific product used by The Company under licence from the Royal Institution of Chartered Surveyors. Full details of the report are available from the RICS including the Terms and Conditions specifically relating to the report.
‘The RICS Homebuyer Report’ is a specific product used by The Company under licence from the Royal Institution of Chartered Surveyors. Full details of the report are available from the RICS including the Terms and Conditions specifically relating to the report.
‘The RICS Home condition Report’ is a specific product used by The Company under licence from the Royal Institution of Chartered Surveyors. Full details of the report are available from the RICS including the Terms and Conditions specifically relating to the report.
‘The London Property RICS Surveys Ltd / trading as London Local Property Surveyor Building Report’ is a report as defined and specified by the London Property RICS Surveys Ltd / trading as London Local Property Surveyor Terms and Conditions specified separately.
‘The London Property RICS Surveys Ltd / trading as London Local Property Surveyor Valuation Report’ is a report as defined and specified by the London Property RICS Surveys Ltd / trading as London Local Property Surveyor Terms and Conditions specified as ‘Supplementary terms and conditions relating to valuation and the London Property RICS Surveys Ltd / trading as London Local Property Surveyor valuation report..
‘The London Property RICS Surveys Ltd / trading as London Local Property Surveyor Home Purchase BuildingSurveyReport’ is a specific report as agreed between London Property RICS Surveys Ltd / trading as London Local Property Surveyor and you and in other aspects is governed by these terms and conditions.
2. Preliminary Requirements and Order Process
2.1 If you register to use the Services, you hereby warrant that you:
2.1.1 are at least 18 years of age; and
2.1.2 have the right, authority, and capacity to enter into and to be bound by these Terms.
2.2 Subject to your compliance with clause 2.1, you may register with The Company to place an order (“Order”) to use the Services and paying the Fee in accordance with clause 7.
2.3 Upon receipt of your online confirmation and having processed the payment of your Fee, The Company shall send you an email (“Confirmation Email”) confirming the Fee payable, and the placement of your Order. The Confirmation Email shall also include instructions on how you may access your account with The Company (“Account”).
2.4 If you do not register as a User you will not be able to purchase the Services and will only have access to the Quote and other non-payable features and functionalities on the Website.
2.5 You must make yourself aware of the nature of a report, alternative provisions to the particular report that you are purchasing and its specific Terms and Conditions.
2.6 Surveying services offered by the company include a range of products including the RICS Building Survey, RICS Home Condition Report, The RICS Homebuyers Report, the Surval Valuation Report, the Surval single defects survey or the Surval Building Survey. These Terms and conditions apply to alternative products as agreed between you and The Company.
3. Contract Formation
3.1 Your contract with The Company shall commence on the date of the Confirmation Email.
3.2 The Company reserves the right at its sole and absolute discretion and for any reason to refuse access to the Website and use of the Services, to you. In the event that The Company does refuse and/or is unable to provide you with the Services, The Company shall contact you using the email address registered to your Account.
4. Consent
4.1 You acknowledge and agree that the provision of certain parts of the Services by The Company to you requires The Company to provide your information, including but not limited to the information contained in your Order to third parties such as the Surveyor. You hereby expressly consent to The Company providing such information including any other information necessary for the provision of the Services to the Surveyors and/or any other third parties.
5. Your Obligations
5.1 You shall provide to The Company all correct, accurate and complete information necessary for Homebuyer Online to provide you with the Services and the RICS Homebuyer Report.
1. You shall not at anytime during the duration of these Terms:
1. use the Website, including the Services, for any improper unlawful or fraudulent activity, and shall at all times comply with all applicable laws and legislations in your use of the Services and the Reports; and
2. use the Services to commit a criminal act or to cause nuisance or annoyance or inconvenience or harassment to others; and
3. re-sell the Services and/or the Report, promote the Services and/or the Report for resale or engage in any similar activities.
2. You shall at all times:
1. promptly inform The Company if you receive any notice that or have reason to believe that your use of the Services (a) contravenes with the applicable law and legislation; or (b) infringes the rights of any third party; and
2. comply with all instructions and recommendations provided to you by The Company in respect of the Services and/or your use of the Website; and
3. inform The Company and the Surveyor in the event that any information that you have provided to The Company is incomplete, has changed or is inaccurate.
3. Upon receipt of the Appointed Surveyor’s details you shall enter into a separate contract with the Appointed Surveyor for the provision of the Surveyor Services on the Appointed Surveyor’s Standard Terms of Engagement.
4. You shall also be solely responsible for liaising with the Surveyor in the event of any delays caused by you in respect of the provision of the Surveyor Services including but not limited to delays in giving the Surveyor access to the Property. You agree that The Company shall not in any way be liable for any delays in the provision of the Surveyor Services arising out of your non-compliance with this clause 5.6.
5. The Company’s Obligations
1. In consideration for the payment of the Fee by you and subject to your compliance with these Terms, The Company shall provide you with the Services.
2. The Services shall comprise of the following:
1. use of and access to the your Account, the RICS Building Survey, the RICS Homebuyer Report and the RICS Home condition Report and the Website;
2. allocation of your Order to a Surveyor in or within the Location of the Property and notification of your contact details to a Surveyor who has accepted the Order;
3. notification to you by The Company of the details of the Surveyor who shall provide you with the Surveyor Services;
4. provision of the Documentation either through your email as set out in your Account or by providing you a link to these Documentation on the Website;
5. of the Report in your Account at the end of Ten (10) working days from the date of the Confirmation Email, subject to clauses 5.6, and 10.6; and
6. access to other features and functionalities on the Website from time to time.
3. The Company may from time to time add, modify, suspend or cease (temporarily or permanently) the provision of any element of the Services upon notice to you through your use of the Website.
6. Payment Terms
1. The Company shall use its reasonable endeavours to procure that the Quote provided to you is accurate and correct at all times. However, you acknowledge and agree that the provision of the Quote is solely dependent on the information provided by you in respect of the Property. Consequently, The Company does not guarantee that the Quote is the definitive Fee payable by you when you register and pay for the Services.
2. The Fee payable by you shall be set out in the Email and shall be correct at the time you place and pay for the Order.
3. All Fees generally shall be due and payable in advance, and definitely no later than 30 days in arrears, during your registration process with The Company.
4. All Quotes and Fees quoted on the Website shall be exclusive of VAT (or its successor tax) which shall be set out separately in the Email. V A T (or its successor tax) will be separately notified within the site and confirmation.
5. If The Company is unable to process payment of the Fees using the accepted method of payment set out on the Website, you shall be notified of the same and shall not have access to the Services.
6. From time to time the Company may agree to accept instructions or to collect keys for properties outside of the geographical remit specified in the terms, accordingly the company may agree an additional payment from you which is not specified in the website.
7. Keys will be collected within a 0.5 mile radius of the property to be inspected, if outside of that radius alternative arrangements will need to be made which may incur an additional charge.
7. Cancellation and Refunds
1. You hereby agree and consent to the immediate commencement of the performance of The Company Services such that on payment of the Fee, you can immediately access The Company Services using the Website.
2. Pursuant to clause 8.1 and due to the nature of The Company Services, the Fee shall be non-refundable and any request for refund shall be strictly at The Company’s sole discretion.
3. Subject to clauses 8.1 and 8.2, you may cancel the provision of the Surveyor Services at any time up to the commencement of the Surveyor Services by the Surveyor. An administration charge will be payable. Once the Surveyor has commenced the provision of the Surveyor Services, you shall not be able to cancel the Surveyor Services and shall not be entitled to a refund of the Surveyor Fees.
4. The surveyor will use reasonable endeavours to access the property. If after two attempts to gain such access, access was not available, the fee will be returned to you, and the contract and survey cancelled. A deduction will be made for the proper costs and time incurred by the surveyor and an administration charge.
5. In the event that details are entered into the website for property falling outside the geographical parameters specified in the website, the inspection will be declined and the fee refunded less an administration charge.
8. Termination of the Service
1. The Company may suspend and/or terminate the provision of the Services to you in whole or in part with notice, such notice to be given using the details provided in your Account:
1. if The Company believes that you have failed to comply with one or more of these Terms; or
2. if you have failed to remedy any such non-compliance as set out of these Terms within a reasonable period required by The Company and notified to you; or
3. if The Company believes that you have provided The Company with any false or misleading information in respect of and/or in order to procure the Services; or
4. if the Network owner ceases to make the Network available to The Company; or
5. if The Company is unable to provide the Services for any reason whatsoever.
2. Upon the termination of the Services in accordance with clause 9.1, The Company shall immediately stop providing you with the Services.
3. Clauses 1, 9.2, 9.3, 10, 12 and 13 shall survive the termination of these Terms however arising.
9. Warranties and Liability
1. You hereby warrant that:
1. you shall use the Services and the Website in compliance with all applicable law and legislation;
2. you shall enter into a Standard Terms of Engagement with the Appointed Surveyor promptly upon receipt of the Appointed Surveyor’s contact details from The company and in any event, prior to the commencement of the Surveyor Services; and
3. you shall comply with the provisions set out in these Terms.
2. All warranties, representations, guarantees and terms other than those expressly set out in these Terms whether express or implied are hereby expressly excluded to the fullest extent permissible by law.
3. The Company may rely on other service providers including but not limited to the Appointed Surveyors, network providers, data centres and telecommunication providers to make the Services and the Website available to you. Whilst The Company takes all reasonable steps available to it to provide you with a good level of service, The Company does not guarantee that the Services provided by it shall be fault free or uninterrupted at all times. The Company therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Services and the Website as a result of The Company’s service providers.
4. You acknowledge and agree that the provision of the Surveyor Services shall be either between you and the company when the company provides a Surveyor.
5. We acknowledge and agree that the provision of Surveyor Services is between you and the Appointed Surveyor, when such an external surveyor is appointed in accordance with the Standard Terms of Engagement. Consequently, The Company makes no warranty, representation or guarantee whatsoever including without limitation, as to the accuracy, skill, timeliness, or quality of the Appointed Surveyor Services.
6. You agree and accept that the provision of the Report on your Account using the Website is reliant on the timeliness for the provision of the Surveyor Services. Therefore The Company shall not be liable for any delays arising out of or in connection with you including but not limited to delays arising from your non-availability in arranging for the Surveyor to provide the Surveyor Services on the Property, delay in the Surveyor gaining access to the Property, delays caused by or arising out of the non-availability of surveyors within the Location, or any other event which is outside The Company’s control.
7. The Company may display links to third party websites and third party advertising banners on the Website. However, The Company shall not be responsible and do not accept any liability for such content and your use of such third party links and advertising banners.
8. To the extent permitted by law, The Company expressly excludes:
1. all conditions, warranties and other terms whether expressed or which might otherwise be implied by statute or common law;
2. any liability for indirect or consequential loss which are losses incurred as a side effect of the main loss or damage;
3. loss of profit;
4. loss of income or revenue;
5. loss of anticipated savings;
6. loss of data;
7. loss of good will and reputation;
8. loss of expectation;
9. loss of opportunity;
10. loss arising out of or in connection with wasted management or office time; or
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
9. Nothing in these Terms shall serve to limit or exclude The Company’s liability for death or personal injury resulting from The Company’s negligence or any liability for fraudulent misrepresentation.
10. Subject to clause 10.9, The Company’s maximum aggregate liability to you under, arising from or in connection with these Terms, whether arising in contract, tort (including negligence) or otherwise, shall not exceed the Fees paid by you in the twelve (12) months preceding the event giving rise to liability.
11. In the event you have a claim or right of action against Appointed Surveyors but not internal surveyors or any other users or third parties in respect of the Services and/or the Website, you agree to pursue such claim or action independently of and without any demands from Homebuyer Online, and you fully and completely release The Company from all claim, liability and damages arising from or in any way connected with such claim or action.
12. Upon request from you, The surveyor may make verbal recommendations as to contractors with what the surveyor considers as suitable experience to undertake the work described in the report. You are to use your own judgement as to the suitability of the recommended contractor, as the company has no relationship with any building contractors whatsoever and exercises no supervisory role or offers no warrantees or guarantees building works of any kind whatsoever.
10. Privacy Policy
1. The Company complies with the Data Protection Act 1998 and all other successor legislation and regulation in the performance of its obligations set out under these Terms.
11. Intellectual Property Rights
1. The Company and its licensors own all rights in the intellectual property rights relating to the Website.
2. Save for the provisions set out in 12.3 you are expressly prohibited from:
1. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website including without limitation, any images, articles and write-ups made available on the Website; and
2. removing, modifying, altering or using any registered or unregistered marks/logos/design owned by The Company and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of The Company or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to The Company.
3. The Company grants to you a limited, non-exclusive, perpetual licence to view, copy, and download and use the RICS Homebuyer Report.
12. Liability Cap The RICS recommends the use of liability caps to members as a way in which to manage the risk in valuation work. Surval’s aggregate liability arising out of , or in connection with the surveying services provided , whether arising out of, or in connection with the surveying services, whether arising from negligence, breach of contract, or any other cause whatsoever, shall in no event exceed a multiplier of 10 against the net fee payable by you for the surveying services. This clause shall not exclude or limit our liability for actual fraud, and shall not limit Surval’s liability for death or personal injury caused by negligence.
13. General
4. If The Company fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
5. A waiver by The Company of any default shall not constitute a waiver of any subsequent default.
6. No waiver by The Company of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
7. All notification and communication to The should be sent to the contact details in clause 14 as updated from time to time and made available to you on the Website.
8. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
9. These Terms represent the entire agreement between you and The Company in respect of your use of the Website, for the express avoidance of doubt, your agreement with the Company’s Surveyor or Appointed Surveyor for the provision of Services shall not be covered by this agreement, and shall supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
10. You acknowledge that in entering into these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the internet or in negotiation between us except as expressly set out in these Terms.
11. These Terms are governed by and construed in accordance with the law of England and Wales. The Courts of England shall have exclusive jurisdiction over any disputes arising out of these Terms.
12. This Website and the Services available through it are intended for use by residents of England and Wales if you live outside England and Wales, the application of the law of England and Wales shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident (“Local Law”). In the event English and Welsh law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.
13. The Company reserves the right to modify these Terms at any time. Any changes The Company may make to this document in the future will be notified and made available to you using the Website.
14. Contact Details
14. If you have any questions or queries about these Terms please contact The Company by email to the address in use or post to The company at its registered office.
15. If you wish to make a complaint about the Website or to report abuse of the Website please contact The Company by email to the address in use or post to The Company at its registered office.
Supplementary Terms and conditions relating to valuation and the Surval Valuation Report.
1. The purpose of the London Property RICS Surveys Ltd / trading as London Local Property Surveyor is outlined in email prior to the report.
2. The subject property and interest to be valued are indicated. The valuation will include fixtures and fittings normally associated with the type of property but excludes personal effects and chattels.
3. Unless otherwise specifically agreed the value reported will be the MARKET VALUE as defined from time to time by the RICS.
4. Subject to paragraphs 6 and 7 below, the Surveyor shall carry out such inspections and investigations as are, in the Surveyor’s professional judgement, appropriate and possible in the particular circumstances.
5. The Surveyor shall rely upon information provided by you and/or your legal or other professional advisers relating to tenure, tenancies, planning and other relevant matters. In the absence of such information the Surveyor will assume that ‘all is well’.
6. The Surveyor will have regard to the apparent state of repair and condition of the property, that are apparent to the level of inspection specified by you, nor inspect those parts of the property, which are covered, unexposed or inaccessible. Such parts will be assumed to be in good repair and condition. The Surveyor will not be under a duty to arrange for the testing of electrical, heating or other services.
7. In reporting the Surveyor will meet the relevant requirements of the RICS Appraisal and Valuation Manual and will make the following assumptions, which he/she will be under no duty to verify:
a) that no harmful or hazardous material has been used in the construction of the property, or has since been incorporated, and that there is no contamination in or from the ground and that it is not land filled ground;
b)that good title can be shown and that the property is not subject to any unusual or especially onerous restrictions, encumbrances or outgoings;
c)that the property and it's value are unaffected by any matters which would be revealed by a local search, replies to the usual enquiries or by any statutory notice, and that neither the property, nor it's condition, use or intended use is, or will be unlawful;
d) that the inspection of those parts which have not been inspected would neither reveal material defects nor cause the Surveyor to alter the valuation materially.
e) that no radon gas is present at the property.
8. The report will be provided for the stated purpose(s) and for the sole use of the named client. It will be confidential to the client and the client's professional advisers.
The valuer accepts responsibility to the client alone that the report will be prepared with the skill, care and diligence reasonably to be expected of a competent valuer but accepts no responsibility whatsoever to any parties other than the client. Any such parties rely upon the report at their own risk. Neither the whole or any part of the report nor any reference to it may be included in any published document, circular or statement nor published in any way without the valuer's written approval of the form and context in which it may appear.
9. The client will pay and submit the fee agreed and the cost of all reasonable out-of-pocket expenses (if so agreed) together with the amount of any Value Added Tax on the fee and expenses, together with the signed acceptance of these terms and conditions of engagement.
I/we confirm my/our acceptance of these Terms and Conditions of Engagement.