1. DEFINITIONS

Property: A rented dwelling as defined by an Assured Shorthold Tenancy Agreement.

Company: Ken Pimenta trading as Inventoryclerk New Forest and or their approved sub-contractors.

Agent: A Letting Agent, Landlord, or instructing representative issuing an Assignment

Tenant: A person or their representative renting a Property from an Agent

Assignment: Any instruction to complete an inspection and its corresponding report as received by the Company from the Agent

Inventory: An Assignment defining the general condition of a Property and its contents prior to a Tenant occupying the Property

Check-in: An Inventory's verification by a Tenant and an Agent, Company or Clerk prior to the occupation of the Property

Check-out: An Assignment - with or without the Tenant or Agent - defining differences between that indicated by the Inventory and that seen within the Property at the end of a tenancy

Update: A re-compiled Inventory completed at the time of a Check-out or Check-in using an existing hard and soft copy of a current existing Inventory

Interim: An Assignment defining the general condition of a Property and its contents at a point during the currency of a tenancy

Clerk: A person or persons representing the Company completing an Assignment

Guidance/Disclaimer: A document containing useful information for Agents and Tenants as included with an Assignment or as published on the Company's web site

Price List: A published relevant fee structure available on request to the Agent from the Company for an Assignment


2. ORDERS / INSTRUCTIONS / CONDITIONS

The Company can accept an instruction for an Assignment via the online calendar, e-mail, telephone, fax or post. Once an instruction is received, an Agreement is deemed to exist between the Company and the Agent under these Terms and Conditions. Confirmation of an Assignment made via the online calendar or e-mail will be confirmed by return e-mail. Any other instruction will be confirmed verbally via telephone. Confirmation will define the Assignment to which the Company and any assigned Clerk will work. Any errors contained within any confirmation not corrected by an Agent upon receipt will be at the liability of the Agent

3. CANCELLATIONS /ABORTED / WAITING TIME
The Company reserves the right to make a full charge to the Agent for the cancellation of an Assignment within 24 hours of the intended date and time. A nominal fee of £30 may be levied should the Assignment be aborted, for whatever reason, including mis-instruction, after the Clerk has arrived at the Property. This nominal fee is subject to the assignment being rebooked with the Company. In the event the assignment is not rebooked with the Company the full fee for the assignment may be charged. A charge of £10 per quarter hour may be made for waiting time at the Property beyond the confirmed time for the Assignment due to late arrival of a Tenant or Agent, incorrect notified location of keys or documentation, or any delay in gaining access to the Property beyond the control of the Clerk or the Company, or where a property is unfit or unsafe for entry. Duties carried out by either the Clerk or Company outside the definition of the Assignment may be chargeable by separate negotiation. Assignments may 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 - Friday 09.00 to 17.00 (Weekends and Public Holiday Assignments may be considered by separate negotiation).

4. PRICE & PAYMENT TERMS

It is assumed that the size and furnishings of the assigned Property shall be of reasonable proportions relating to the information given to the Company at the time of booking. The Company reserves the right to deviate from any Price List for any Property not of reasonable proportions, quoting custom prices at the time of booking, or agreed fee by negotiation either before or after completion of an Assignment. The Company reserves the right to make a charge of £1 per mile for an assigned Property located further than 5 miles from an assigning Agent's premises.

Payment for Assignments becomes due upon receipt of an Invoice issued by the Company or the Clerk, which may accompany delivery of a documented Assignment. The Company or the Clerk, reserves the right to make a charge for any additional expenses incurred by the Company or the Clerk, as a result of Agent error (including incorrect keys supplied).

By accepting these terms and conditions the Agent authorises the Company or the Clerk, to carry out approved credit checks as it sees fit. Upon approval of a credit account the Company or the Clerk, may write and advise the Agent of the credit limit available to them.

The Company or the Clerk, reserves the right to reduce credit limits or withdraw them totally in the future, in which case 7 days written notice will be given. In the event of a credit limit being completely withdrawn the Agent will be required to immediately pay any outstanding monies owed to the Company or the Clerk.

Should the Agent no longer require a credit account with the Company or Clerk, the Agent can cancel the agreement at any time by giving 7 days written notice and clearing all outstanding sums due to the Company or Clerk, by the end of the 7 day notice period.

The due date for payment is 14 days from the date the invoice was issued unless otherwise stated.

New agents unable to supply credit references may be serviced on a cash-on-assignment basis only. This will be reviewed regularly and credit facilities may be offered in due course under our normal terms and conditions.

If payment is not made by the due date the Company or Clerk, reserves the right to:-

• charge interest at 3 % above base rate from the due date of the payment to the date payment is received.


• recoup reasonable administration costs incurred recovering late payments in accordance with Table A below.


• take legal action or appoint debt collection agents to obtain payments. In that event, all of the costs incurred to the Company or the Clerk, will be payable by the Agent on an indemnity basis.

Table A
Amount of debt outstanding Administration charge
Less than £1,000 = £40
Between £1,001 & £10,000 = £70
Exceeds £10,000 = £100


5. SAFETY AND SECURITY

It is understood by the Company or Clerk that the Property related to any Assignment is in sound and safe condition, posing no risk whatsoever to the health or safety of any assigned Clerk.

Landlords/Agents must ensure that properties booked for inventories are not occupied by tenants or landlords and or their possessions unless the possessions are to be included within the report. Clerks have the right to abort the visit should they discover that a property is either occupied or full of items that are not to be included within the inventory.

6. INSURANCE

The Company and all Clerks carry appropriate Public Liability insurance and Legal Expenses Cover. Details are available to view in their original format by an Agent within the Company or Clerk online calendar profile.

7. LIABILITY

According to the company's Public Liability Insurance details as well as the inspection Disclaimer

8. DELIVERY / INTELLECTUAL PROPERTY

The Company aims to carry out Assignments with reasonable care and skill. If any part of the Assignment is performed negligently or in breach of the provisions of these Terms, then, on request, the Company will re-perform the relevant part of the Assignment. The Company will not be liable to re-perform any part of the Assignment unless you notify us in writing of any negligence or breach.

The Company or Clerk, will endeavour to deliver to the issuing Agent by agreed means Assignment documentation within 3 working days of the agreed Assignment date or time. All Assignments commissioned from the Company or Clerk, and delivered by electronic means remain the intellectual property of the Company. Required hard copies may be printed, copied, or retained, but may not be electronically copied, altered, or retained without the express permission of the Company. The Agent is responsible for checking the assignment on delivery. Any dispute over content or description must be registered with the Company or Clerk, within 7 working days.

9. FORCE MAJEURE

The Company or Clerk, is not liable for delays in performance (incl. delivery of documentation) caused by circumstances beyond its reasonable control

10. CONFIDENTIALITY & NON-COMPETITION

Each party must treat all information received from the other marked 'confidential' or reasonably obvious to be confidential as it would treat its own confidential information.

The Agent must not directly or indirectly approach any Clerk or other Sub-Contractor of the Company for a period of at least one year following any booking with the aim of negotiating fees or bookings directly for Inventory Services.

Any provisions of these Terms and Conditions which seeks to exclude or limit the liability of the company for breach of the terms implied by the Supply of Goods and Services Act 1982 shall not apply in the case of a consumer contract.