These are the Terms and Condition of Business for services provided between NCL Inventories as an independent inventory company and an Instructing Principal or Client. The commissioning of Services by an Instructing Principal on behalf of their Client or the Clients legal representative shall be deemed an agreement to these terms and conditions.
2Provision of Services
2.1 If the Client appoints an Instructing Principal as their representative for services carried out by NCL Inventories, it is the responsibility of the Instructing Principal and not that of NCL Inventories to make the Client is aware of our Terms & Conditions. 2.2 NCL Inventories do not recognise a plea of ignorance by either the Instructing Principal or that of the Client. 2.3 Please note Services cannot be exchanged and pricing options are only applicable in whole.
3.1 An Instructing Principal shall pay all fees due as the result of Services provided within the due date stated on the presented invoice. 3.2 If the Client (Landlord) is not represented by an Instructing Principal the Client will pay all fees due prior to the date and time of the Services. NCL Inventories reserves the right to make a charge for any additional expenses incurred by NCL Inventories, as a result of Landlord error (including incorrect keys supplied). 3.3 It is the responsibility of the Instructing Principal commissioning Services to pay all fees for Services rendered to or on behalf of the Client in accordance with the scale of fees, regardless of receipt of client funds. 3.4 NCL Inventories reserves the right to apply interest charge for late payments for any fees more than 14 working days overdue from the date of invoice at the rate of 3% net added monthly. Interest will be applied both prior to and subsequent to any Court Judgement. 3.5 If in the event Services are commissioned and cannot be delivered, whether or not due to circumstances beyond the Instructing Principal or Client control and sufficient notice has not been made to NCL Inventories, of which ‘sufficient’ in this case is 12pm the day prior to the visit, an abortive fee will be charged as follows – If the visit is cancelled on the day of the visit the full fee is payable. If the visit is cancelled after 12pm the day prior to the visit the abortive fee will be 40% of the invoice total or £35.00 whichever is greater. If the appointment is cancelled before 12pm on the day prior to the visit, no fee is payable. 3.6 If an Instructing Principal or the Client fails to turn up at a pre-agreed time to attend a inventory make or check-out appointment, a period of 25 minutes clemency will be permitted, after which the inventory make or check-out will be completed and forwarded to the Instructing Principal or the Client to sign; Assuming that the Instructing Principal or the Client do not turn up before the completion of the inventory make or check-out. If however the inventory clerk is unable to access the property to perform the inventory make or check out for whatever reason, including lack of keys, then an abortive fee of the full cost of the inventory make or check out will be incurred. 3.7 If an Instructing Principal or the Client fails to turn up at a pre-agreed time to attend a check-in appointment for any reason, a period of 25 minutes clemency will be permitted, after which will result in an abortive visit and will incur the full cost of the check-in will be incurred. 3.8 NCL Inventories reserves the right to abort an Assignment, made by appointment, where the conditions at the property make it impossible to identify the items on the inventory or to make a new inventory. This may include (but is not an exhaustive list):
Tenants are still in bed – and are unwilling to get out of bed
Tenants are in a state of undress
Work surfaces and floors are not accessible for inspection.
The landlord’s or outgoing tenant’s personal possessions are present and the property is not ready to let
Cleaners, decorators, and other tradesmen are still working on the property
Any of the above circumstances will be reported urgently to the Landlord. 3.9 Any discrepancies from the Instructing Principal or the Client, resulting in the check-in or check-out needing to be carried out again, will be treated as a completely separate service from the prior check-in or check-out and a new appointment will need to be made at full cost. 3.10 Properties that are furnished over and above the industry standard, of which ‘industry standard’ is the opinion of NCL Inventories, will be charged an additional 30% on the current scale of fees. 3.11 NCL Inventories reserves the right to alter the price for an inventory make if the property details have been given incorrectly or there are other area’s to be included, e.g. additional rooms; our package price include an appropriate and reasonable amount of ancillary living accommodation such as hallways and landings, bathrooms, etc. However the package price does not include integral garages, conservatories, converted loft spaces, outbuildings, or an exceptional number of additional living rooms or bathrooms 3.12 If the let property includes an integral conservatory, garage(s), converted loft space(s) and outbuildings or an exceptional number of additional rooms then NCL Inventories need to be notified at the time of booking, these additional rooms/areas are charged separately at £8 per additional room/area. Gardens are included in the price. 3.14 Duties carried out by outside the definition of the assignment may be chargeable by separate negotiation. Assignments to be carried out outside of normal office hours, and confirmed by the Company, may attract a premium fee by separate negotiation. The Company’s normal office hours are: Monday – Thursday 09.00 to 17.00 (16.00 on Fridays). 3.15 Any reports generated from Services delivered via any medium remain the sole property of NCL Inventories until all fees are paid in full.
4.1 NCL Inventories reserves the right not to attend Court for any disputes arising out of a dilapidation assessment between Clients if the Company’s representative did not attend a check-in appointment or sign on behalf of the Client. It has to be accepted that any time lapse between the completions of the inventory report and the check-in date cannot be independently verified by NCL Inventories. It has to be acknowledged that some alterations (any amount of damage, items removed or added) to the property may occur within this period. 4.2 NCL Inventories will, providing the original inventory for Services was provided and that this inventory report is signed by an NCL Inventories representative on behalf of the Client, go to court to argue any dilapidation assessments on termination of the tenancy, between Clients. A fee will be chargeable. 4.3 In the event of a dispute between Clients and all fees have not been paid in full any reports delivered from Services remain the sole property of NCL Inventories and therefore cannot legally be used without written permission in any Court of Law.
Any circumstances allegedly giving cause for complaint about Services provided or an invoice, must be notified by the Client or Instructing Principal on behalf of the Client within 3 (three) working days of the Services being completed or receipt of invoice and confirmed in writing no later than 7 (seven) working days as the cause of the alleged complaint arises. The complaint will be investigated and action taken as necessary.
6.1 The Report prepared by NCL Inventories is intended as an independent and informative guide to the Client about the condition of any fixtures, fittings, contents, furniture and décor. The Report enables items to be visually identified, where possible items will be identified by their original manufacturer, however no attempt will be made to ascertain what period an item was produced. The inventory clerk preparing the Report and /or check-in/out report is not an expert on fabrics, materials, antiques, etc., nor do they allege to be a qualified surveyor. The inventory report should under no circumstances be used as a structural survey report. 6.2 Inventory clerks will not undertake to move heavy and/or awkward items of furniture, or unpack stored items 6.3 Inaccessible areas and loft spaces will not be searched or listed on the Report. 6.4 Inventory clerks reserve the right not to handle or move any items deemed fragile or valuable. In addition, the inventory clerk reserves the right to generalize on the presence of items deemed unsuitable for further inspection or of negligible self-evident monetary value. In respect of such items unexamined or which cannot be examined for the reasons stated, no warranty is expressed or implied that the item is free from defect or damage at the beginning or end of the tenancy. 6.5 The inventory clerk’s inspection may be hindered in instances of poor access, lighting or where cleaning and building maintenance levels are below standard. 6.6 NCL Inventories does not accept any responsibility for any error or omission of data within a Report. 6.7 Unless otherwise stated, it is accepted that a listed item is in good condition and free from any defects, soiling or malfunction, which may constitute a dilapidation assessment on termination of tenancy. 6.8 It is important to note that any contents must be situated in their respective rooms as specified in the Report upon termination of the tenancy. Failure to do so can result in delay, this delay may encompass a search and match fee. The search and match fee of £10 will be additional to current scale of fees. 6.9 All measurements given are approximate. 6.10 Any plants, cleaning materials, fish in ponds are considered perishable items and will not be listed on the Report. 6.12 All colours within the Report are to mean description of colour only and not that of any metals. 6.13 NCL Inventories has the right to amend any part of the Service or pricing at their discretion in line with future market changes or updated legislation or deemed to be relevant by NCL Inventories. In the event of any price changes, existing customers will be notified either in writing or verbally, of said changes before any additional services are booked. 6.14 The Report relates only to furniture, furnishings and all of the landlords’ equipment and contents in the property. It is no guarantee of, or report on, the adequacy of, or safety of any such equipment or contents, merely a documented record that such items exist within the property, at the date of the inventory and the superficial condition of the same. 6.15 All electrical items are considered complete with plugs, bulbs, flexes etc, unless otherwise specified. When practical to do so appliances will be tested for power only. 6.16 Meter readings will be read and noted at the Inventory make, check-in and check-out appointment. It is the Clients’ responsibility to state the locations of any such meters. If unaware of, unable to locate or has unreasonable access to meters, the meters will remain unread, NCL Inventories will not revisit a property at a later stage on behalf of the Client or Instructing Principal to read a meter. 6.17 The Instructing Principal and/or Client is responsible for the security, heating, plumbing and meter usage of the property both pre and post Service.
7 Delivery of Reports
7.1 All reports will be delivered via e-mail to the instructing party with a further three hard copies being delivered within 48 hours either via hand delivery (where practical) or within 72 hours via royal mail. We cannot be held responsible for the late or non delivery of reports when royal mail method used. 7.2 All reports commissioned from NCL Inventories, and delivered by electronic means or otherwise, remain the intellectual property of NCL Inventories. Required hard copies may be printed, copied, or retained, but may not be electronically copied or altered without the express written permission of NCL Inventories. 7.3 An inventory and check out presents a precise record of the contents and condition of the property in question on the date the report was compiled. It is the responsibility of the tenant, landlord and respective agent to agree on the accuracy of this report and it is advised that both parties sign it as confirmation. 7.4It is strongly advised that the parties examine the contents of the report produced prior to signing. NCL Inventories cannot be held responsible for any errors or omissions within the report. Any discrepancies regarding the accuracy of the report should be brought to our attention within seven days; otherwise the report will be deemed as accurate and acceptable.
NCL Inventories cannot accept responsibility for any lost or unaccounted keys.
On termination of the tenancy the Report is rechecked, any discrepancies and/or variations will be reported to the Instructing Principal or Client. The check-out report will indicate, in NCL Inventories opinion, 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 assessed on the length of the tenancy and the type of occupancy, noting that certain items receive higher usage; we acknowledge that the contractual terms listed in the tenancy agreement may overrule the opinion of the assessor.
10.1 All regulations published by the Department of Trade and Industry / Trading Standards and/or similar bodies are the ultimate responsibility of the Instructing Principal or the Landlord. 10.2 The Gas Safety (Installation and Use) Regulations 1994, amended by Statutory 1996, and The Regulations Re-enact 1998, where the Report notes that the certificate has been seen, this should not be interpreted to mean any records can be authenticated by NCL Inventories. It is not a statement that the item can be considered to comply with the required regulations, merely a documented note that the certificate existed on date of the inventory make. 10.3 The Electrical Equipment Safety Regulations 1994 and The Plugs & Sockets etc Safety Regulations 1994, where the Report notes that the certificate has been seen, this should not be interpreted to mean any records can be authenticated by NCL Inventories. It is not a statement that the item can be considered to comply with the required regulations, merely a documented note that the certificate existed on date of the inventory make. 10.4 Where the Report notes ‘FFR label seen’, this should not be interpreted to mean that the item complies with the Furniture & Furnishings (Fire, Safety and Amendments) 1993. It is a record that the item had a label as described or similar to that detailed in Guides published by said bodies at the time of the inventory make. It is not a statement that the item can be considered to comply with the regulations.
It is possible that in the normal course of business, like others, NCL Inventories will be offered commissions by third parties to whom we might introduce business, for example insurance brokers or tradesman. We wish to make it clear that we do not solicit such commissions and we select such third parties on what we know of their competence and/or availability and not because of their willingness to offer inducements. If, however, they do offer NCL Inventories a commission or other form of remuneration and we are satisfied that the service they offer is as good or equals value for money with whom they compete, and that our Clients interests are therefore not adversely affected, then we may accept such commissions for our own benefit and not account for them to our Clients or Instructing Principal.
12 Exclusions of Liability and Indemnity
In the event that the Instructing Principal or Client give NCL Inventories instructions which are followed in good faith and which turn out to be unlawful or to result in an unlawful act or otherwise give rise to any kind of claim you will provide NCL Inventories with full indemnity for all penalties, damages, costs and legal expenses whatsoever which may occur as the result of following the instructions.
13 Law and Jurisdiction
13.1 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. 13.2 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.
No variation to these terms will be effective unless agreed in writing by an authorised signature of NCL Inventories.
15 Modifications of Prices
NCL Inventories reserves the right to change prices to anything retailed on this site at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing the pricing posted on this website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement
16 Modifications of these Conditions of Use
NCL Inventories 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. You are therefore responsible for regularly reviewing these Terms and Conditions and additional terms or notices posted on this website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement.
17 Disclaimer of Warranty/Limitation of Liability
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY NCL Inventories, ON AN “AS IS” AND “AS AVAILABLE” BASIS. NCL Inventories, MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NCL Inventories, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NCL Inventories DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM NCL Inventories ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NCL Inventories WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
NCL Inventories USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. NCL Inventories ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, NCL Inventories SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BY NCL Inventories IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO NCL Inventories FOR A REFUND. ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL BE AT THE BUYER’S EXPENSE.