- This agreement is made between Yellow Oak Inventories LTD and the instructing party and governs Yellow Oak Inventories LTD’s delivery of the services and the instructing party’s receipt of the services and the parties will be bound by the rights and obligations set out herein. The instructing party will be named on the booking form and report.
- Yellow Oak Inventories LTD provides Inventories, Check-In, Check-Out, Mid-Term/Inspection reports and Snagging reports for letting agents, relocation agents, landlords and tenants.
- Inventory, check-in and check-out reports are a record of the content and condition of a property on the date the appointment is carried out. It is the responsibility of the tenant, landlord and agent to confirm the accuracy of the report and it is therefore advised that all parties sign it as confirmation of the agreement.
- Yellow Oak Inventories LTD will accept bookings by telephone and by email. If a booking is made by telephone, Yellow Oak Inventories LTD will require confirmation via email from the instructing party. When an appointment is confirmed by the instructing party, it is deemed that the instructing party has accepted the appointment under Yellow Oak Inventories LTD’s terms and conditions.
- If an instructing party has been appointed by a client, it is the responsibility of the instructing party to make the client aware of Yellow Oak Inventories LTD’s terms and conditions.
- Reports will be provided to the instructing party within 48 hours of appointment, however if reports are required sooner this must be made clear at the time of booking and Yellow Oak Inventories LTD will do its best to accommodate the request.
- Any amendments required to the reports after receipt must be brought to the attention of Yellow Oak Inventories LTD within 7 days. Yellow Oak Inventories LTD will make amendments to the report if the clerk finds the comments acceptable. Where substantial changes have been made to the property Yellow Oak Inventories LTD reserves the right to revisit the property to inspect changes before amendments are made and an additional fee will be incurred.
- Keys for properties should be made available promptly upon the clerks’ arrival. If the clerk is required to wait this might incur an additional fee.
- If there is a security alarm at a property, Yellow Oak Inventories LTD must be informed at the time of booking and disarming instructions provided prior to the appointment. Failure to do so will result in the booking being aborted and our abortive fee will be applied.
- Large quantities of books, CDs and/or DVDs will be counted but not itemised individually.
- Completed reports will be delivered via email to the instructing party in PDF format, unless otherwise requested. Yellow Oak Inventories LTD can provide 2 bound hard copies of the report to a single UK address, however further bound copies will incur an additional charge.
2. Opening Hours and Working Hours
- Yellow Oak Inventories LTD office hours are 8.30 am to 6 pm Monday to Friday and 9 am to 5 pm on Saturdays.
- Yellow Oak Inventories LTD working hours are 8 am to 8 pm Monday to Friday and 9 am to 6 pm on Saturdays.
- Bank holiday appointments will incur an additional charge which will be agreed at the time of booking.
- Prices are dependent on the size of the property and its location in the UK and are subject to change without prior notice.
- Yellow Oak Inventories LTD’s preferred method of payment is by Bacs to the account detailed within the company’s invoice and using the invoice reference number. Payment by debit/ credit card may incur an additional charge.
- Yellow Oak Inventories LTD reserves the right to take payment upfront for any instructed bookings.
- Yellow Oak Inventories LTD will invoice the instructing party for any report commissioned as the contract will be deemed to be between Yellow Oak Inventories LTD and the instructing party unless an alternative arrangement is agreed in writing by Yellow Oak Inventories LTD and the instructing party.
- An invoice will be sent with the completed report and should be paid within 14 days of receipt unless agreed in writing by Yellow Oak Inventories LTD and the instructing party.
- Yellow Oak Inventories LTD reserves the right to apply a late payment interest charge of 5% to be added monthly for overdue fees of more than 14 days after the period stated on the presented invoice.
- Yellow Oak Inventories LTD reserves the right to hold any documentation not fully paid for by the instructing party.
- Yellow Oak Inventories LTD prices allow for one reception room, one kitchen, two bathrooms/En-Suites and one cloakroom. Additional rooms, gardens, garages, lofts, basements etc will be charged at a rate of £6 plus VAT (unfurnished) and £10 plus VAT (furnished).
- The actual price for an appointment will be confirmed when Yellow Oak Inventories LTD visits a property for an appointment and rooms and furnishings not mentioned at the time of booking will incur an additional charge.
- There may be additional charges for heavily furnished rooms, ornaments, plants/trees and the inclusion of kitchen ware i.e. crockery and utensils.
- If Yellow Oak Inventories LTD is required to give evidence in the event of court proceedings or a dispute this will incur an additional charge.
- Yellow Oak Inventories LTD should be informed at the time of booking for reports that are required to be submitted in less than the standard 48 hours turnaround time as additional charges may apply.
- If at Check-Out the tenant is not ready or able to vacate the property at the specified time, Yellow Oak Inventories LTD will not be able to proceed with the Check-Out and a return visit will be required. An aborted fee will be charged.
- If a clerk is required to wait longer than the agreed time to access a property to a carry out a booking, Yellow Oak Inventories LTD reserves the right to charge an additional fee.
- Late arrival for a check-in by the instructing party may result in an aborted visit and an abortive fee will be charged.
- Appointments scheduled outside of Yellow Oak Inventories LTD’s trading hours will incur an additional charge.
- Cancelled appointments within 24 hours for reasons attributed to the instructing party, agent, landlord or tenant will incur a cancellation fee of £40 plus VAT.
- Yellow Oak Inventories LTD reserves the right to charge an abortive fee of 50% of the full invoice amount for aborted visits attributed to the instructing party, agent, landlord or tenant
4. Dispute and Complaints
- Complaints should be communicated by email as soon as possible to email@example.com. Your complaint will be examined and responded to within 7 days of receipt and/or before any tenancy deposit or bond is returned to the tenant.
- In the event of a dispute between clients and all fees have not been paid in full, any reports delivered by Yellow Oak Inventories LTD remain the sole property of Yellow Oak Inventories LTD and therefore cannot be used in any way without written permission.
- Yellow Oak Inventories LTD reserves the right not to attend court for any dispute arising out of a dilapidation assessment between clients if a Yellow Oak Inventories LTD representative did not attend the original check-in appointment or sign on behalf of the client.
- Yellow Oak Inventories LTD will, providing the original report for services was provided and signed by a Yellow Oak Inventories LTD representative on behalf of the client; go to court to argue any dilapidation assessment on termination of the tenancy.
- The inventory is an impartial record that will consist of the basic conditions of the fixtures, fittings, furniture, interior condition and garden (where applicable) as of the report compilation date. Wherever possible items may be identified by the manufacture’s name and material used.
- The inventory report is not a structural survey and does not guarantee the safety of any equipment or content and cannot be relied upon as such as the inventory clerk is not a qualified surveyor or an expert in materials such as wood, metals, fabrics, ceramics, antiques, granite and plants etc. Electrical and kitchen appliances, smoke alarms, carbon monoxide detectors will only be tested for power where the clerk deems it safe and accessible.
- It is the instructing parties’ responsibility to inform Yellow Oak Inventories LTD of what meter readings to take and the location of the meters. For locations where meters are not labelled a meter reference number must be provided.
- Where a gas safety certificate is present it will be noted in the inventory but it should not be assumed that all gas appliances are covered y the certificate. Yellow Oak Inventories LTD are not responsible for ensuring that gas appliances are compliant with the law.
- Yellow Oak Inventories LTD will not be required to:
- inspect lofts or attics, cellars or basements unless they are properly lit, accessible by stairs and constitutes a proper room to be included in the tenancy
- inspect infested properties e.g. rodents, insects etc
- move heavy, fragile or unsafe items of furniture, appliances, boxes etc
- describe content and/or condition of any unattainable areas or items that cannot be easily taken out to be inspected
- inspect mattresses where the clerk deems it unsafe to do so or where the bed is dressed
- test electrical items that are deemed unsafe
- inspect bedding or linen hat is not freshly laundered
- enter a premises where a dog or other animal is present without the owner also present and the clerk must be satisfied that the animal is fully under control
- test water supply, radiators, security alarms, gas and/or electrical fires, boilers, fire alarms, fire extinguishers or blankets, smoke alarms where not easily accessible and gas appliances.
- On termination of the tenancy the check-in and/or inventory report is checked again and any discrepancies and/or variations will be communicated to the instructing principle and/or the client.
- The check-out report will indicate, in the opinion of the Yellow Oak Inventories 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.
- Yellow Oak Inventories LTD acknowledge that the contractual terms listed in the tenancy agreement may overrule the opinion of the assessor.
- All regulations published by the Department of Trade and Industry / Trading Standards/ or similar parties are the responsibility of the instructing party and/ or the client.
- Where Yellow Oak Inventories LTD reports note that a/any certificate has been seen i.e. The Electrical Equipment Safety Regulations 1994, The Plus 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 Yellow Oak Inventories LTD. It is not a statement that an item can be considered to comply with the required regulations, and is a documented note that a certificate exists on the date the report was carried out.
- It is the responsibility of the Landlord and not Yellow Oak Inventories LTD for ensuring that furnishings, gas and electrical appliances are in compliance with the furniture and furnishings (Fire) (Safety) (Amendments) act of 1993 (FFR).
- Wherever the inventory report notes that an FFR label is seen this should not be interpreted to mean that the item complies with the furniture and furnishings (Fire) (Safety) (Amendments) act of 1993.
- Yellow Oak Inventories LTD shall under no circumstances whatsoever be liable to the instructing party, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this agreement and the Yellow Oak Inventories LTD’s total liability to the instructing party in respect of all other losses arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of this agreement. Except as set out in this Agreement, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
9. CONTRACT (RIGHTS OF THIRD PARTIES ACT) 1999
- It is the intention of the parties that no person who is not a party to this agreement shall have any rights to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
- This agreement shall be governed by English law and the parties hereby submit to the jurisdiction of the English Courts.