1.1The term ‘we’ when used will refer to Landmark Residential Inventory Ltd.
1.2 If the term client or instructing principle is used in the following terms and conditions, it will be in reference to the estate Agents, Letting Agents, Property management companies, Landlords and Tenants or any other third party contractor to whom service is provided.
1.3 Landmark Residential Inventory an independent property inventory service provider.
2.0 Provision of services
2.1 If the client appoints an instructing principle as their representative to commission Landmark Residential Inventory Ltd for any type of service, it is the responsibility of the instructing principle and not that of Landmark Residential Inventory Ltd to make the client aware of these terms and conditions of business.
2.2 Landmark Residential Inventory Ltd do not accept or recognise a plea of ignorance by either the instructing principal or that of the client.
3.0 Fees
3.1 All account holders / Agents are invoiced after the service is completed, invoices are sent at the end of each week for all services provided by Landmark Residential Inventory Ltd.
Invoices must be paid with 7 working days of receipt unless otherwise agreed in writing by Landmark Residential Inventory Ltd.
3.2 It is the responsibility of the instructing principle commissioning services to pay all fees for services rendered to or on behalf of the client in accordance with the scale of fees.
3.3 An instructing principal shall pay all fees due as the result of services provided within the period agreed and stated on the presented invoice.
3.4 If the client is not represented by an instructing principle the client will pay all fees due prior to or at the date and time the services are to take place, failure to do so will result in the services not taking place.
3.5 Landmark Residential Inventory Ltd reserves the right to apply interest charges for the late payment of any fees overdue for more than fourteen working days after the period stated on the presented invoice, at a rate of 5% net which will be added monthly.
3.6 In the event a Landmark Inventory representative attends an appointment as commissioned by an instructing principle and/or client and the service cannot be carried out, whether or not this is due to circumstances beyond the instructing principle and/or client control, Landmark Residential Inventory Ltd reserve the right to charge an abortive fee at a rate of 25% of the full invoice amount.
3.7 In the event any discrepancy caused by the instructing principal and/or the client, resulting in the service needing to be carried out again, the second or ‘new’ appointment will be treated completely separate to the prior and charged at full cost.
3.8 All reports generated by Landmark Inventory and delivered via any type of medium remain the sole property of Landmark Residential Inventory Ltd until all fees are paid in full.
3.9 The completed inventory will be sent to the instructing party in PDF format by email. Word documents will not be provided, hard copies available on request at a surcharge to standard charges.
3.10 Any report created by Landmark Residential Inventory Ltd cannot be reproduced, replicated or amended by any other Agent or Inventory Company at a later date for any other purpose except with written consent from Landmark Residential Inventory Ltd.
3.11 This does not mean the report cannot be reproduced by the agent or landlord / tenant from whom the instruction was originated for the purpose the document / service was intended.
4.0 Disputes and Complaints
4.1 Any circumstances allegedly giving cause for complaint about the services or invoice for services provided by Landmark Residential Inventory Ltd must be notified by the client and/or instructing principle on behalf of the client within 5 working days of the services being completed and/ or before any tenancy deposit/ bond is returned to the tenant.
4.2 Landmark Inventory does not accept any responsibility for any error or omission of data within a report.
4.3 In the event of a dispute between clients and all fees have not been paid in full, any reports delivered by Landmark Inventory services, remain the sole property of Landmark Inventory and therefore cannot be used in any way without written permission.
4.4 Landmark Inventory reserves the right not to attend court for any dispute arising out of a dilapidation assessment between clients if Landmark Residential Inventory Ltd representative did not attend the original check-in appointment or sign on behalf of the client.
4.6 Whilst every care will be taken at the time of the appointment, Landmark Residential Inventory Ltd do not accept responsibility for any accidental damage to the property, its contents, fixtures and fitting howsoever caused by the inventory clerk whilst undertaking the inspection.
5.0 Services
5.01 The reports prepared by Landmark Residential Inventory Ltd are intended as an independent, fair and accurate record of the décor, fixtures and fittings and furniture, which compose the internal content of the property, the condition of these items and the internal condition of the property. The report enables items to be visually identified only; no attempt will be made to ascertain the original manufacturer or period in which an item was produced. The report is no guarantee of the adequacy, or safety of all/any furniture, equipment and contents, merely a record that they exist in the property and the time the report is carried out.
5.02 The inventory clerk preparing a report is not an expert on fabrics, materials, antiques etc. or a qualified surveyor. All colours within the report are to mean description of colour only and not that of any metals. No attempt will be made to place monetary value on the property or its contents, or to determine whether an item is genuine or reproduction. Any report provided by Landmark Residential Inventory Ltd should under no circumstances be used as a structural survey report.
5.03 Landmark Residential Inventory Ltd representative will not undertake to move heavy, large, awkward and/or valuable items of furniture
5.04 Items left in inaccessible places, lofts, cellars or in any areas behind locked doors will not be listed and/or inspected and are the sole responsibility of the client.
5.05 It is important to note that any contents must be situated in their respective rooms as specified in the check in report upon termination of the tenancy. Failure to do so will result in delay on appointment.
5.06 Any plants, cleaning materials, food and drink goods and spare light bulbs are considered perishable items and will not be listed on a report. Landmark Residential Inventory Ltd will not undertake to list any large number of books, CD’s and/or DVD’s individually.
5.7 Landmark Residential Inventory Ltd will attempt to test electrical appliances for power only and only when practical and safe to do so. All electrical items are deemed complete with fixings (plugs, flexes etc.) unless otherwise stated.
5.08 Utility meter readings will be read and noted at check-in and checkout. It is the clients and/or instructing principle on behalf of the client responsibility to state the location of any such utility meters. If unaware of, unable to locate or has unreasonable access to meters, the meters will remain unread. Landmark Residential Inventory Ltd reserve the right to refuse to return to a property at a later stage on behalf of the client and/or instructing principle to read the utility meters.
5.09 The instructing principal and/or client are responsible for the security, heating, and plumbing and meter usage of the property both pre and post Landmark Residential Inventory Ltd service
5.10 It has to be accepted that any time lapse between the completion of the inventory report and the check-in and/or checkout and subsequent check-in, cannot be independently verified by Landmark Residential Inventory Ltd. It has to be acknowledged that some alterations (any amount of damage, items removed or added) to the property may occur within this period.
5.11 Once Keys have been signed over to either client or principle agent, Landmark Residential Inventory Ltd cannot accept responsibility for any lost or unaccounted keys.
5.12 Landmark Inventory has the right to amend any part of the service and/or pricing at their discretion in line with future market changes or updated legislation or deemed to be relevant by Landmark Inventory. In the event of any such changes, all existing customers will be notified either in writing or verbally of said changes before any additional services is booked.
5.13 Where Landmark Residential Inventory Ltd are instructed to undertake a check out report based upon an inventory not carried out by us, no responsibility will be accepted if the quality of that report is not of our standard. If items are not described fully or omitted entirely if defects or cleaning issues are noted no charges will be levied to the outgoing tenant.
5.14 Where the inventory notes the presence of smoke alarms and carbon monoxide detectors, if tested by the Landmark Residential Inventory Ltd, this will be for power supply and should not be interpreted to mean that these items are fully working and that the property complies with the 2015 regulations. Landmark Inventory will take no responsibility for damage or mal-function during the testing of such alarms.
6.0 Dilapidations
6.01 On termination of the tenancy the check-in and/or inventory make report is checked again and any discrepancies and/or variations will be reported to the instructing principle and/or the client. The checkout report will indicate, in the opinion of Landmark Residential Inventory Ltd representative, as to whether there is any liability on the tenant, or whether such deterioration could be assessed as fair wear and tear. Fair wear and tear is determined on the length of the tenancy, the type of occupancy, the quality and durability of items, noting that certain items receive more use. Landmark Residential Inventory Ltd acknowledges that the contractual terms listed in the tenancy agreement may overrule the opinion of the assessor.
6.02 Landmark Residential Inventory Ltd does not accept the responsibility of any dilapidations and/or remuneration for any such dilapidations noted or not noted on the report.
7.0 Regulations
7.01 All regulations published by the Department of Trade and Industry / Trading Standards / or any similar parties are the responsibility of the instructing principle and/or the client.
7.02 Where Landmark Inventory reports note that a/any certificate has been seen i.e. The Electrical Equipment Safety Regulations 1994, The Plugs and Sockets etc. Safety Regulations 1994, The Gas Safety Regulations 1994 etc., this should not be interpreted to mean any records can be authenticated by Landmark Residential Inventory an independent property inventory service provider. It is not a statement that an item can be considered to comply with the required regulations, merely a documented note that a certificate existed on the date the report was carried out.
7.03 Where the report notes ‘fire label seen’ this should not be interpreted to mean the item complies with the ‘Furniture and Furnishings’ (Fire, Safety & Amendments) 1993. It is a record that the item had a label as described or similar to that detailed, in the ‘Guide to the Furniture and Furnishings’ (Fire)(Safety) Regulations as published by Department of Trade and Industry, January 1997, (or subsequent edition), attached at the time this report was compiled. It is not a statement that the item can be considered to comply with the regulations.
8.0 Exclusions of Liability and Indemnity
8.1 In the event that the client and/or instructing principle give Landmark Residential Inventory Ltd instructions which are followed in good faith and which turn out to be unlawful or result in an unlawful act or otherwise give rise to any other claim, you will provide Landmark Residential Inventory Ltd with full indemnity for all penalties, damages, costs and legal expenses whatsoever which may occur as the result of following the instructions.
8.2 Whilst every care will be taken when conducting the inventory or check out report Landmark Residential Inventory Ltd cannot be held responsible for the breakdown of any tools of the trade such as dictating machines, tablet devices, cameras, smoke alarm testers.
9.0 Law and Jurisdiction?
9.1 This contract shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England?
9.2 Any proceedings arising out of or in connection with this contract may be bought in any court of competent jurisdiction in England whose courts shall have exclusive jurisdiction.
10.0 Modifications of these Conditions of Use
10.01 Landmark Residential Inventory Ltd reserves the right to change the terms, conditions and notices at any time and such modifications shall be effective immediately upon posting of such changes. The client and/or instructing principal are therefore responsible for regularly reviewing these Terms and Conditions and additional terms or notices posted on Landmark Residential Inventory Ltd website. The continued access of this website shall be deemed the client and/or instructing principle conclusive acceptance of the modified agreement.
11.0 Access to website, Passwords and Restricted Security.
11.1 Access to certain areas of our website is restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
11.2 If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
11.3 You accept responsibility for all activities that occur under your user ID or password. We may disable your user ID and password at our sole discretion OR if you breach any of the policies or terms governing your use of our website or any other contractual obligation you owe to us.
12.0 Disclaimer of Warrant / Limitation of Liability
12.01 Landmark Residential Inventory Ltd website and related information is provided ‘on’ and ‘as is’ and ‘as available’ basis. Landmark Residential Inventory Ltd makes no express or implied warranties, representations or endorsements of any kind, or as to the operation of the website or the information, content, materials, or products included on the website. You expressly agree that your use of the website is at your sole risk.
12.02 To the full extent permissible by applicable law Landmark Residential Inventory Ltd disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose.
12.03 Landmark Residential Inventory Ltd does not warrant that the website, its servers, or e-mail sent from Landmark Residential Inventory Ltd are free of viruses or other harmful components. 12.04 Landmark Residential Inventory Ltd will not be liable for any damages of any kind arising from the use of the site, including, but not limited to direct, indirect, incidental, punitive and consequential damages.
12.05 Landmark Residential Inventory Ltd uses reasonable efforts to include accurate and up-to-date information on the website. Landmark Residential Inventory Ltd assumes no liability or responsibility for any typographical or other errors or omissions in the content of the site.
13.0 Payments
13.03 Once a booking has been made, you will receive a booking confirmation and payment invoice. All booking confirmations are subject to payment being received within 24 Hours of booking confirmation being sent to the client via email.
13.04 All payment requests requested by Landmark Residential Inventory Ltd are made by either bank transfer or payment gateways. We do not store any payment details or have access to sensitive details.
13.05 We use a payment gateway, SagePay or similar to send invoices, so any data sent via these gateways is not in our parameter of responsibility, none of this information is visible or sent to us except the final payment requested.
13.06 We will not be held liable for any errors or data breaches on the site of these external payment gateways and advice it is your responsibility to keep all your payments details secure and confidential.
13.07 All payments must be made prior to the confirmed booking date.
13.08 We will not release reports until the payment has been made in full by the person who has made the booking or who has accepted responsibility with us / landlord for the payment in our bank account.
14.0 Cancellation and refund Policy
14.01 A full refund will be given providing we are advised via email that the booked appointment is cancelled 24 hours in advance of the booking.
14.02 A cancellation charge of 25% will be deducted for booked appointments cancelled within 24hrs.
14.03 No cancellation charges up to 24 hours’ notice by telephone or email.
Cancellation within 24 hours - charge of 25% of invoice
14.04 If we are unable to have access to property at agreed appointment date and time, contractors still on-site causing delays in inspections or tenant / landlord not present at agreed time, either will be charged
15.0 Access
15.01 In the event a Landmark Inventory representative attends an appointment as commissioned by an instructing principle and/or client and the service cannot be carried out, whether or not this is due to circumstances beyond the instructing principle and/or client control, Landmark Residential Inventory Ltd reserve the right to charge an abortive fee at a rate of 25% of the full invoice amount.
15.02 Please ensure the cleaning, any trade work is completed before your booking appointment.
15.03 Please ensure tenant has already moved his goods and belongings out and the cleaning is complete before a Check Out is carried out or an abortive fee of 25% will apply.
16.0 Prices:
16.01 Our prices are as seen on our website unless agreed otherwise and subject to change annually.
16.02 Our prices are based on average sizes per category, but are subject to change if the property exceeds the average square feet size for its category.
16.03 In this circumstance we may provide a quotation which is greater than the prices advertised on our website based on additional time needed on inspections, our typing, and administration.
16.04 If we are informed the property size by the tenant, agent and landlord and quote a price prior to inspection, this is subject to the description being accurate and additional charges as outlined above will be added if the description is vague and not accurate as per the additional room rates stated above or the overall size of the property exceeds the national average for its category.
Additional terms and conditions are also noted in our pricing page.
Please discuss prices prior to booking for a more accurate rate.
17.0 Bookings through Agents:
17.01 We have increased prices agreed with some Estate agents from our standard website prices.
As agreed with the agents we provide some of the following additional services:
- More detailed reports to our standard website reports, including more photos, bespoke reports, resulting in longer inspection times
- Preferential booking services with prioritised dates and times
- Out of hours inspections
- Re scheduling priority services with no cancellation charges
- Maintenance summaries / alerts for managed properties
- More detailed Health and Safety checks
- Managing keys out of hours
- Facilitating / co-ordinating with external contractors to schedule inspections.
18.0 Reports:
18.01 All reports are provided in PDF softcopy only.
18.02 We do not provide hardcopies under any circumstances as our prices reflect our low cost policy.
18.03 All tenants, landlord, agents have 7 days to request amendments after the report has been issued to any party. This time period can vary if agreed in advance due to circumstances, but this needs to be brought to our attention during this 7 day period or prior to the confirmed appointment date.
18.04 It is the responsibility of the landlord, agent and tenant to ensure the report is signed once the 7 days elapses following receipt of the report by all parties. We do not take responsibility if the report is not signed by either or all parties.
18.05 All meters and utilities will be noted, however if they are not clearly labelled or we are not advised in advance, or we cannot access meters, we are not liable for any loss of earnings, damages. It is the responsibility of the landlord, tenant and agent to provide us meter readings within the 7 day period if we are unable to access them.
18.06 It is the responsibility of the landlord/managing agent/tenant to check all reports, and Landmark Inventory will not be held liable for any differences, unless notified within a 7-day period from receipt of the report.
18.07 The clerk preparing the inventory is not an expert in antiques, furniture style, fabrics etc. All descriptions within this report are for identification purposes only in order that each item can be compared to its condition at the commencement of the tenancy.
18.08 We do not undertake to move heavy items of furniture or access lofts, high-level cupboards /lofts or any other inaccessible places. Contents which have been left in the above-mentioned areas, which have not been inventoried, are the sole responsibility on the landlord.
If you have any questions relating to the above, please contact us for more information