TERMS AND CONDITIONS
These terms and conditions set out the basis on which Digital Inventory (“DIGITAL INVENTORY”) accepts instructions. Please read them carefully as your use of DIGITAL INVENTORY services, is subject to these terms.
DIGITAL INVENTORY Liability to you
- a) This provision sets out DIGITAL INVENTORY’s entire liability (including any liability for the acts and omissions of its employees, agents or subcontractors) to you for:
(i) any breach of its contractual obligations arising under this agreement; and/or
(ii) any representation, statement or tortuous act or omission including negligence (but excluding any of the same made fraudulently) arising under or in connection with this agreement.
- b) DIGITAL INVENTORY’s liability to you for death or personal injury resulting from its own or that of its employees’ agents’ or subcontractors’ negligence ; and for any damage suffered by you as a result of a breach of an obligation implied by law liability for which cannot be restricted and/or excluded shall not be limited. This provision shall prevail over all other provisions in this agreement.
- c) Subject always to d) and e) below, DIGITAL INVENTORY shall accept liability to you in respect of damage to tangible property and losses flowing directly from the breach or DIGITAL INVENTORY’s (or its agents’ employees’ or subcontractors’) negligence but not for loss of profits, loss of goodwill or any other similar claim nor for any indirect losses.
- d) DIGITAL INVENTORY’s entire liability to you in respect of any act or omission falling in a) above shall be limited to damages of:
(i) £5,000 in respect of each event giving rise to potential liability for you; and
(ii) £50,000 in aggregate in relation to all claims.
e) DIGITAL INVENTORY shall only be liable to you if you have notified DIGITAL INVENTORY in writing within 5 working days of you being aware or from when you ought to have been aware of any potential claim.
Inventory and Associated Services
DIGITAL INVENTORY can provide a number of services. These are identified on our website and other leaflets and marketing materials provided to you.
You should identify the service required by completing the Booking Form.
By requesting a report you guarantee to DIGITAL INVENTORY that you have your client’s full authority to proceed.
DIGITAL INVENTORY will normally accept instructions via the booking form provided to you.
DIGITAL INVENTORY requires at least 48 hours notice of each instruction given by this method. This 48-hour period excludes the time period between 5pm on Friday evening and 9am on Monday morning each week. In the event of a shorter notice period being given by you, DIGITAL INVENTORY reserves the right to charge an additional surcharge of £25 per instruction.
DIGITAL INVENTORY reserves the right not to accept any instruction or to require a variation of these terms prior to undertaking the work. In the event of such variation DIGITAL INVENTORY will contact you to obtain your consent prior to the work being undertaken by DIGITAL INVENTORY.
Instructions given to DIGITAL INVENTORY less than 48 hours before the work is required to be undertaken by DIGITAL INVENTORY should be given by telephone using the number provided to you by DIGITAL INVENTORY as well as the booking form.
Description of the Services
Inventory – Furnished or Unfurnished
On receipt of the completed Booking Form we will arrange for an Inventory Consultant to visit the identified premises.
An inventory report in DIGITAL INVENTORY’s set form will be completed and you will receive this by post and/ or in electronic form. This will include a DVD record of the property. Any questions or queries relating to the inventory report should be raised in writing with digital inventory within 14 days of the report being completed. Any amendments will be accepted within this period only.
Please ensure that you complete all sections of the Booking Form as fully as possible. Failure to do so may lead to delays in actioning the Inventory.
Mid Term Inspections
Please provide at the beginning of each calendar month a list of the inspections required or use the Booking Form to notify details of each individual instruction to DIGITAL INVENTORY.
On receipt of the completed Booking Form we will arrange for an Inventory Consultant to visit the identified premises and to provide a report in the set form used by DIGITAL INVENTORY, making reference to the original inventory report if this was completed by DIGITAL INVENTORY.
You will receive the completed inspection forms within 14 days.
Check In/Check Out
Please complete the Check in/ Check Out request form as fully as possible failure to do so may lead to a delay.
DIGITAL INVENTORY will arrange for the Check In/Check Out to be completed at the agreed time. We will provide a report in the set form used by DIGITAL INVENTORY, in the case of a Check Out, making reference to the original Inventory Report and any subsequent Mid Term Inspection visits if these were completed by DIGITAL INVENTORY.
You will receive the completed inspection forms within 14 days
Paperwork from previous inventory companies should be provided at Check In, Mid Term and Check Out. DIGITAL INVENTORY reserve the right to charge for a full inventory if these are not supplied at least 48 hours prior to the appointed time.
An Express combines both the Inventory and Check In stages and is witnessed by the incoming tenant. Removing any ambiguity and creating a speedier process.
At the point that the relevant report is generated by DIGITAL INVENTORY and sent to you, an invoice for the fee due to DIGITAL INVENTORY will be sent by mail to you.
Payment is due within 7 days of receipt of the invoice.
DIGITAL INVENTORY will provide reasonable assistance to you, if you or your clients become involved in court or other proceedings, provided that you cover DIGITAL INVENTORY’s reasonable costs. These will be a minimum fee of £250 per day or part thereof.
DIGITAL INVENTORY reserves the right to vary its quoted fees provided it gives you 28 days written notice of the change.
After a report has been requested then the full fee is payable by you even if you cancel the report, unless you cancel the request for the report by calling the number shown no later than 24 hours before the inspection at the property is scheduled or due to be carried out. An administration charge of £15 is payable by you for cancellations that are accepted by DIGITAL INVENTORY under these terms.
A fee of £50 is charged for a cancellation which does not comply with the above terms.
Waiting times and additional rooms.
Waiting time is charged at a rate of £10 per hour. Waiting time is time where the Inventory Consultant is made to wait unnecessarily outside the standard time allocated per job.
Additional rooms are charged at a rate of £15 for unfurnished rooms and £15 for furnished rooms. Our standard fees are priced by number of bedrooms and also include one kitchen, one bathroom and one en-suite, up to two reception and gardens. All rooms not within these guidelines will be charged at the above rates.
The quoted fees are shown on the schedule provided to you by DIGITAL INVENTORY, or such other written and dated schedule which has been provided to you by DIGITAL INVENTORY.
VAT is not currently charged for services.
Each service has a disclaimer section on the completed report or form provided to you. Please ensure that you have read these sections carefully prior to requesting a report and when the completed report is returned to you.
The relevant sections are detailed below and form part of these terms and conditions. No appliances or heavy items of furniture will be moved to complete a report.
“You” means the person or organisation named below or the person, organisation or company giving this instruction to DIGITAL INVENTORY, whether by electronic means or by written correspondence, by facsimile instruction or verbally.
Booking form means the instruction forms accessible from DIGITAL INVENTORY, also available on the DIGITAL INVENTORY booking form.
Headings in these terms are for reference only and shall not be taken into account in interpretation. All agreements on the part of either of the parties, which comprise of more than one person shall be joint and several.
These terms shall be governed, construed and enforced in accordance with the laws of England and Wales.
DIGITAL INVENTORY only accepts instructions on these terms and conditions and the request for a report(s) signifies the acceptance by you of these terms and conditions.
No variations to these terms and conditions can be made without the written authority of a Director of DIGITAL INVENTORY.
References to any statute or statutory provision shall be construed as references to such statute or provision as respectively amended or re-enacted or as its application is modified by other provisions before this version’s date and shall include references to any statute or provision which has been amended, extended, consolidated or replaced by the same and shall include orders, regulations, instruments or other subordinate legislation made under the relevant statute before this version’s date.
Nothing contained in these terms shall be deemed to constitute a partnership between the parties.
No failure to exercise or delay in exercising or enforcing any right or remedy under these terms shall constitute a waiver thereof and no single or partial exercise or enforcement of any right or remedy under these terms shall preclude or restrict the further exercise or enforcement of any such right or remedy. The rights and remedies provided in these terms are cumulative and not exclusive of any rights and remedies provided by law.
The invalidity, illegality or unenforceability of any provision of these terms shall not affect the continuation in force of the remainder of these terms
DIGITAL INVENTORY will provide their services with at least the degree of skill and care generally provided by the providers of similar services in England and Wales.
You agree to indemnify DIGITAL INVENTORY against any claims arising from the provision by you to DIGITAL INVENTORY of incorrect or incomplete information.
DIGITAL INVENTORY will indemnify you against any and all loss, damage or liability (whether civil or criminal) which arises out of any acts of neglect by DIGITAL INVENTORY.
You will indemnify DIGITAL INVENTORY and keep DIGITAL INVENTORY indemnified from and against any and all loss, damage or liability (whether civil or criminal suffered) and legal fees and costs incurred by DIGITAL INVENTORY in the course of conducting the work of DIGITAL INVENTORY and resulting from:
- Any acts of neglect and default by you or your employees and licensees
- Any successful third party claim in respect of any matter arising from the work of DIGITAL INVENTORY provided that such liability has not been incurred through any material default by DIGITAL INVENTORY in carrying out the work.
Nothing in these terms restricts or excludes either party’s liability for fraud or personal injury or death resulting from the relevant parties’ negligence.
DIGITAL INVENTORY has a policy of Professional Indemnity Insurance details of which can be provided to you upon reasonable request.
You undertake to notify DIGITAL INVENTORY as soon as practicable if at any time an employee of yours, holding a valid password to the DIGITAL INVENTORY on-line system, leaves your employment or if you have reason to believe that the password(s) supplied to you by DIGITAL INVENTORY are no longer secure. You agree to change your password upon request from DIGITAL INVENTORY and not to divulge your password to any person not directly employed or connected with you.
Disclaimers – Please Read These Carefully
The Inventory Report has been prepared in accordance with the instructions received from the instructing party and is intended to be used only for the purposes of a residential letting. No obligation or duty of care is owed to any other person or persons or for any other purpose. The Report does not constitute a survey or valuation nor must it be construed or regarded as such.
The Report is intended to provide a fair and accurate record of the general decorative condition of the property, its general cleanliness and the condition of the contents at the property on the day of the inspection, including bathroom and kitchen fittings and appliances. Areas of the property which are not easily or immediately accessible are specifically excluded, including items in lofts, locked rooms and cellars. Heavy furniture and fittings will not be moved during the course of preparing the report.
The Report should not be construed or used as an accurate description of any item and in the main general descriptive terms will be used. The person compiling the report is not a surveyor or an expert on fabrics, materials or antiquities. Where a report is completed with a landlord or tenant residing in the property, the inspection may be restricted and responsibility for any discrepancy in items reported cannot be accepted.
Where certain specific matters are required to be covered in the report which would not in the ordinary course of business be commented upon, Digital Inventory must be notified in advance at the point of instruction.
Safety Matters and Appliances
Reference to services and appliances are for reference purposes only and does not imply that they are working, are fit for purpose or in a safe condition. None of the electrical or gas appliances, circuits, lights or similar devices will be tested.
Relevant furnishings which have the appropriate label indicating compliance with the Furniture & Furnishings (Fire) (Safety) Regulations 1988 as amended, will where possible be noted in the report. However, it is the responsibility of the landlord to ensure that relevant items comply, and this report must not be interpreted as confirming that the regulations have been complied with or that the furnishings are compliant.
Smoke /CO2 detectors where fitted will not be tested.
About the Report
Whilst every care is taken to provide a thorough report, any proposed changes, alterations, additions or queries must be made in writing to Digital Inventory within 14 days of the date of this report. Any measurements are approximate.
General Information for Tenants
To help prevent damage by moisture or mould, the property must be kept adequately heated and ventilated.
The property must be returned to the landlord in the same condition of cleanliness and repair as it was at the commencement of the tenancy, fair wear and tear excepted.
Please pay particular attention to the contents of this report, particularly regarding the cleanliness of the property and its contents, the condition of the garden and the kitchen appliances.
Please make sure that all items are returned to the positions within the property that they occupied at the commencement of the tenancy. Failure to do so may lead to the tenant incurring costs or deductions from the security deposit, and the items may be reported as missing on the check out report.
General Information for Landlords
The landlord must make sure that he is aware of his obligations to offer the property in a safe condition and that he has seen the relevant explanatory booklets which are available. In particular, we recommend that the Landlord should take note of the following:
- The Furniture & Furnishings (Fire) (Safety) Regulations 1988 as amended 1993.
- The Gas Safety (Installation and Use) Regulations 1994 as amended in 1998. The property must be inspected annually by a qualified Corgi registered gas engineer. Records of work must be maintained and a valid Landlords Gas Safety Certificate (CP12) must be provided by the Landlord to the tenant at the commencement of a tenancy and at renewal or upon the earlier expiry of an existing certificate.
- The landlord has an obligation to ensure that all electrical appliances supplied are safe and where necessary the Landlord must arrange for safety checks to be carried out in accordance with the Electrical Equipment (Safety) Regulations 1994.
- The Smoke Detector Act 1991 places the responsibility on the landlord to install adequate smoke detectors, and we recommend at least one per storey.
All equipment at the property should be fully operational and recently serviced, if applicable, prior to the letting. Landlords should not leave matters to chance. The penalties for non-compliance are severe.
Further information can be obtained from your local Trading Standards office.
Check In Reports
The report will be produced to evidence the check-in arrangements for the tenants of the property. It does not by itself comprise an inventory or schedule of condition.
Where an inventory has been separately compiled it will be specifically referred to within the check in report and, as a consequence, forms part of the check in report.
The tenants should carefully read the inventory report and the notes relating to it as it will be used to determine any dilapidation charges at check-out stage.
Check Out Reports
The report has been produced to evidence the check-out arrangements for the tenants of the property. It does not by itself comprise an inventory or schedule of condition.
Where an inventory has been separately compiled and mid-term inspection visits carried out they will be specifically referred to within this check out report and, as a consequence, form part of the check out report.
The tenants should carefully read the inventory report, the mid-term inspection report(s) and the notes relating to them as they will be used to determine any dilapidation charges at check-out stage.
Last updated: February 2015