1. OUR AGREEMENT
These are the Terms and Conditions upon which Freeman Surveying Ltd makes the website www.freemansurveying.com (the “website”) available to you and delivers any services which are provided by Freeman Surveying Ltd. By entering into an agreement and/or instructing a service provided by Freeman Surveying Ltd you agree to the Terms and Conditions.
(a) Unless otherwise stated all prices are exclusive of VAT
(b) Once you make a booking with Freeman Surveying Ltd our acceptance of your order either verbally or in writing brings into existence a legally binding contract between us, and these terms and conditions shall apply in all cases.
(c) The price payable will be quoted over the phone or sent to you electronically and may vary from the price quoted on the website.
(d) The agreed fee will be paid in full once the Site Survey has been completed and before delivery and lodgement of the final report or certificate. An invoice will be issued in all cases at the same time as a draft certificate/report.
(e) At our discretion we may charge up-front and in advance of site visit.
(a) All quotes are valid for 14 days and on the condition that the building description provided by you matches that of the actual building to be surveyed.
(b) Once accepted, the agreed price is valid for a further 21 days unless payment is made in full within the 21-day duration, upon which the price at time of payment does not expire.
(c) If the size and description of the building varies from the original description then we reserve the right to request additional compensation for our services prior to delivery of services.
4. DELIVERY AND PERFORMANCE
(a) In due course, we will send one of our personnel to the address to carry out the service.
(b) Attendance of our personnel will be made within a reasonable period of time.
(c) Time is not of the essence unless agreed in writing. Additional fees may be applied in the case of fast track services.
(d) Some types of service do not always require a site visit which shall be decided by the surveyor.
5. ENERGY/OPERATION PERFORMANCE RATING
(a) We are unable to improve or alter the buildings Energy / Operational Performance Rating or SBEM/BRUKL score calculated from our site-visit or desk top observations unless any additional evidence is supplied before the completion of the site survey or desk top calculations. We are not obliged in a any way to resubmit or recalculate any report or certificate without additional charge once you have made payment.
(b) We are not under obliged to release site notes, photographs, SBEM calculations or any other information used to calculate and generate the Energy Performance Rating of any building and such information shall remain the sole property of Freeman surveying Ltd.
(c) For all SBEM/BRUKL reports, we will not lodge an EPC until the final AS BUILT BRUKL output document and draft EPC has been reviewed by the client and a disclaimer (provided by ourselves) as been signed and returned electronically.
6. PAYMENT TERMS
(a) Payment is due prior to lodgment of certificates or release of any final reports. In some cases we may charge prior to site visit.
(b) Payment is due immediately upon the issue of our invoice.
(c) Where drafts have been sent with the invoice, you will be asked to first check the drafts (to ensure they are correct and represent the building in question) prior to making payment. Therefore upon receipt of payment we will assume that you have checked any drafts and are happy with their content. Re-lodgement requests due to incorrect information on a certificate after payment has been made will be charged at £50 per certificate or report.
(d) Our invoice will be delivered (and issued) electronically via email.
(e) For BRUKL/SBEM reports payment is due on the issuance of the first draft, which will be accompanied with our invoice for the whole service, parts of which may have not yet been carried out. you will be required to sign a declaration confirming the accuracy and authenticity of any information you provide.
(f) For Asbestos Management Reports payment is due immediately upon issue of the invoice which will be issued when the report is complete and/if any samples taken have been analysed and we have received the results.
7. CANCELLATIONS BY US
(a) We reserve the right to cancel the contract between us if we choose.
(b) Any work carried out will be invoiced for and is due under the Terms and Conditions within this document.
8. CANCELLATIONS BY YOU
(a) Should you fail to attend our meeting at the premises or access is denied for any reason, then 75% of the full assessment fee will become payable in full and a further fee of 75% (of the original quote) to re-visit and produce the Energy Performance Certificate will become payable.
(b)Should you be unable to attend our meeting, we require confirmation by telephone or email at your earliest opportunity at least within 24hrs to avoid any wasted time & travel.
(c)If a cancellation is made with less than 24hrs notice, then 50% of the full assessment fee will become payable in full.
(d)When a service is charged up-front, should you have led us to believe that you will make payment in person on the day of the site visit and don’t, then we will charge you 75% of the full assessment fee and will not carry out the site survey.
9. INTERMEDIARIES AND/OR AGENTS ACTING ON BEHALF OF THIRD PARTIES (E.G THEIR CLIENT)
(a) If the booking has been made by an intermediary and/or agent on behalf of a third party (their client), then the intermediary and/or agent accepts full responsibility for making payment on any issued invoices. Freeman Surveying Ltd will hold the intermediary and/or agent solely liable for payment in all cases and without exception. By entering into an agreement with Freeman Surveying ltd, any intermediary and/or agent fully agrees to these Terms and Conditions and accepts that they have been given clear access to these terms and conditions via our website, and a website link/URL on the invoice and our email signature.
10. LATE-PAYMENT DEBT RECOVERY
(a) We will contact you via E-mail or letter after 14 days from time of the initial invoice issue date to request payment within 7 days.
(b) If after a further 7 days (21 days in total since the delivery of our invoice) you still have not paid we will contact you again via E-mail or letter informing you that within 24 hours we will apply the following costs to your invoice and begin legal proceedings to recover our funds.
(i) A minimum collection fee starting at £100 (HM Courts & Tribunals Service);
(ii) A daily rate of interest as recommended by the Small Claims Court;
(iii) Solicitors fees in line with CPR the cost of which will be added to your original invoice.
(a) We are in no way liable for the grade, survey data, conclusions and recommendations awarded to your property in any certificate or report, neither are we obliged to make public any site notes, photographs or internal calculations collected during the site visit.
(b) Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation.
(c) Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law, or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
(d) We will do our utmost to ensure that availability of the website will be uninterrupted, however, this cannot be guaranteed at all time. Freeman Surveying Ltd. accepts no responsibility for any such suspensions, restrictions, interruptions or delays. We reserve the right to make changes to our website, policies and these terms and conditions at any time.
(e) We accept no liability for any EPC exemption letter that we issue under any circumstances. The purchaser of the Exemption Letter service accepts full liabilities in all cases.
A notice under, or in connection with these Terms and Conditions, shall be in email format to firstname.lastname@example.org
If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms and Conditions will not be affected.
14. THIRD PART RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
15. ENTIRE AGREEMENT
16. GOVERNING LAW
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
17. USE OF WEBSITE
(a) Freeman Surveying Ltd. grants you a limited licence to access and make personal use of the website, but not to download or modify it.
(b) The website or any portion of the website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
(c) You are granted a limited, revocable and non-exclusive right to create a hyperlink to the website as long as the link does not portray Freeman Surveying Ltd. or its products in a false, misleading or otherwise offensive manner or claim any association with Freeman Surveying Ltd.
(d) You will not use any Freeman Surveying Ltd. logo or other proprietary graphic or trademark as part of the link, without our written consent.
(e) You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
(f) Freeman Surveying Ltd. reserves the right to refuse access to the website.
We will manage your personal data in accordance with the 2018 General Data Protection Regulation (GDPR)