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Terms & Conditions – Surveys

ADS CONSULT SERVICES & OBLIGATIONS

  1. The purpose of our inspection is to provide a professional assessment on the structural status of the building, to comment on the cause of any defects and give recommendations for further investigation works and/or remedial works considered necessary.
  2. The inspection will be carried out by a chartered engineer.
  3. Where this report is relied upon in connection with the purchase of a property then it should be recognised that it does not replace the need for a building surveyor’s report which deals with matters other than the structure of the property.
  4. The inspection will be limited to a visual examination of surface visible defects of exposed and readily accessible elements and surfaces of the structure, as carried out from accessible areas. Other parts of the structure, which are covered, unexposed or not accessible, will not be inspected and we will therefore be unable to report that such parts of the structure are free of defects.
  5. A detailed inspection of exposed timberwork for rot and infestation will not be carried out.
  6. No checks will be made for penetrating or rising damp.
  7. If reference is made in the report to parts of the structure being distorted, we would advise that a valuation surveyor be requested to comment on the future saleability of the property and its value in respect of such distortions which may remain even after remedial/stabilisation works have been carried out.
  8. Theoretical calculations to check the adequacy of the structural elements will not be undertaken.
  9. The report is not intended to provide a schedule of defects and should not be used as a specification to obtain detailed builders estimates for necessary repair works. If remedial works are to be carried out and such works require certification by this Practice, then it should be noted that we are only able to certify works which are undertaken in strict accordance with drawings and specifications prepared by this Practice.
  10. The report is for the sole use of the Client and their professional advisors. It must not be reproduced or transferred to any third party without our express written permission.
  11. We will consider the reissue of the report in its original form to a third party within six months of the original report date for an administrative fee.
  12. Upon the lapse of a six-month period the report can only be reissued following a full re-inspection which will be charged at full survey rate.
  13. We reserve the right to refuse copies of the report to any third party (other than any named previously). We also reserve the right to amend our opinions in the event that additional information is made available at some future date.

EXCLUSIONS

No intrusive investigations will be undertaken unless agreed in advance.

PAYMENT TERMS

Following acceptance of this quotation by the Client, a fee invoice will be emailed to the client named in this quotation with 7-day payment terms. The inspection will be progressed during this period or as soon as possible thereafter, but the report will only be issued following receipt of payment from the Client.

All invoices are to be paid in full within 7 days from the date of invoicing by either online bank transfer or cheque (made payable to ADS Structural Limited).

Due fees not received within 7 days will result in all work being stopped immediately, and the report will not be progressed until payments are back on schedule. If this situation does occur, ADS will not accept any liability for associated delays.

Any errors on invoices will be rectified by ADS as soon as they are advised, and such errors will not change the due date for payment as noted on the original invoice.

ADDITIONAL SERVICES

Typical rates to be applied for all works where specific charges have not already been agreed:

  • Chartered Structural Engineer Charge – £95 +VAT per hour
  • Mileage Charge – £0.60/mile
  • Parking Charges – £1.20

CANCELLATION / TERMINATION

ADS reserve the right to cancel its own services. Following confirmation of acceptance of this quotation, if at any time, for any reason, the client wishes to cancel or terminate the works being carried out by ADS, then an invoice will be raised for the works carried out up until that date.

When a client is not at the property at the time agreed for a visit or survey, resulting in a second visit or attempt being required, then additional charges will be applied to the fee quoted in this document. If the client wishes to terminate the appointment of ADS at this stage, then an invoice for £125 + VAT will be issued to cover administrative time spent prior to and in making the visit.

PROFESSIONAL INDEMNITY INSURANCE

ADS maintain Professional Indemnity Insurance for all works undertaken. A copy of the cover can be made available upon request.

The liability of ADS shall be limited to such a sum as would be just and equitable for ADS to pay having regard to the extent of the responsibility of ADS for the loss or damages suffered, on the basis that all other consultants, contractors and any subcontractors who have a liability shall be deemed to have provided contractual undertakings to the client on terms no less onerous than those applying in the case of these terms and conditions, and shall be deemed to have paid the client such sums as it would be just and equitable for them to pay having regard to the extent of their responsibility for such loss or damage.

Should the insurance cease for any reason ADS will notify all clients.

GUARANTEE

The time limit for bringing a claim for breach of this simple contract is six (6) years from the date on which the cause of action accrued, i.e., when the breach of contract occurs and not when it is discovered.

RIGHT TO CANCELLATION

ADS reserve the right to cancel its own services. Under the terms of this Contract, you have the right to cancel within 14 days starting the day after the date the contract is entered. Your cancellation rights are more particularly described in the “Cancellation Instructions” below. If you do wish to cancel, please use the attached cancellation form.

CANCELLATION INSTRUCTIONS

1. Right to cancel

a. You have the right to cancel this contract within 14 days without giving any reason.

b. To exercise the right to cancel you must inform us “ADS Structural Limited” of your decision to cancel this contract by clear statement (e.g., a letter sent by post, or e-mail) by letter to 107 Mere Grange, Leaside, St Helens, WA9 5GG, or e-mail to info@adsstructural.co.uk. You may use the attached model cancellation form, but it is not obligatory.

c. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

2. Effects of cancellation

a. If you cancel this contract, we will reimburse to you all payments received from you, not including costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

b. We may make a deduction from reimbursement for loss in value of goods supplied if the loss is the result of unnecessary handling by you.

c. We will make the reimbursement without undue delay, and not later than:

i. If there were no goods supplied, 14 days after the day on which we were informed about your decision to cancel this contract.

d. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

e. If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract.