Domestic Terms & Conditions
1. Basis of Appointment
These Terms and Conditions, together with any quotation, booking confirmation, email instruction or agreed scope of services, form the agreement between Nest Assured Inspections Ltd (the “Consultant”) and the Client.
The Consultant provides residential snagging inspections, quality inspections, defect reporting, handover inspections and related residential consultancy services.
These Terms apply to all Services provided unless otherwise agreed in writing.
2. Standard of Service
The Consultant shall carry out the Services with reasonable skill, care and diligence consistent with that expected of an experienced residential inspection and construction professional.
The Consultant may rely upon information provided by the Client, developer, contractor or other third parties.
The Client shall ensure that safe and reasonable access is available to all areas included within the agreed inspection scope.
3. Scope & Inspection Limitations
Unless otherwise agreed in writing, inspections are visual and non-invasive only.
The Service does not include destructive investigation, opening-up works, design verification, structural engineering advice, specialist testing, valuation services, mortgage surveys or certification of compliance.
While every reasonable effort will be made to identify visible defects and areas requiring attention, inspections are limited to areas and items reasonably accessible and visible at the time of inspection.
Concealed, covered, inaccessible, latent or subsequently developing defects may not be identified.
The Report should be regarded as an advisory document intended to assist the Client during the property handover and defects process. It should not be interpreted as a guarantee, warranty, certification of condition, or confirmation that all defects have been identified. The Consultant’s findings reflect the condition of the property at the date and time of inspection only.
4. Reports & Reliance
Reports are prepared solely for the benefit of the Client named within the instruction.
No responsibility or liability is accepted to any third party who may obtain access to or rely upon the Report without the Consultant’s prior written consent.
Any recommendations or observations contained within the Report remain subject to further investigation by the relevant contractor, developer or specialist where appropriate.
The Consultant shall not be responsible for the quality, timing or completion of remedial works undertaken by others following issue of the Report.
5. Liability
The Consultant maintains Professional Indemnity Insurance and Public Liability Insurance appropriate to the Services provided.
Nothing within these Terms seeks to exclude liability for death or personal injury caused by negligence, fraud, or any liability which cannot legally be excluded.
Subject to the above, the Consultant’s total aggregate liability arising out of or in connection with the Services, whether in contract, tort or otherwise, shall be limited to the lower of:
- £100,000; or
- the amount recoverable under the Consultant’s applicable insurance policy.
The Consultant shall not be liable for:
- hidden, covered, inaccessible or non-visible defects;
- issues arising after the inspection date;
- defects caused by subsequent works, occupation, movement, weather, wear and tear or third-party actions;
- indirect or consequential losses including loss of enjoyment, loss of rent, accommodation costs, business interruption or loss of profit.
Due to the non-invasive nature of snagging inspections, the Consultant cannot guarantee that every defect or issue will be identified during the inspection.
Any claim arising from the Services must be notified in writing within a reasonable period and in any event no later than six (6) years from the inspection date.
6. Fees & Payment
Fees are stated exclusive of VAT.
Unless otherwise agreed, payment is due prior to issue of the final Report.
The Consultant reserves the right to withhold release of reports and associated documents until payment has been received in full.
Cancellations or postponed appointments made within 24 hours of the scheduled inspection may be subject to a reasonable cancellation fee.
Additional charges may apply for re-visits, extended attendance, excessive travel or additional requested services outside the original scope.
7. Photography & Site Access
The Client grants permission for the Consultant to take photographs and digital images of the property as reasonably required for inspection, reporting and record-keeping purposes.
Photographs form part of the inspection record.
Images will not be used for marketing purposes or shared publicly without the Client’s consent unless required by law.
The Consultant shall take reasonable care while attending the property but accepts no responsibility for pre-existing damage, unsafe conditions or matters outside the Consultant’s reasonable control.
8. Intellectual Property
Copyright and all intellectual property rights relating to reports, photographs and associated documents remain vested in the Consultant.
Upon payment in full, the Client is granted a non-transferable licence to use the Report for their own personal property-related purposes only.
9. Data Protection
The Consultant shall process personal information in accordance with applicable UK data protection legislation.
Client information will be used solely for the administration and delivery of the Services unless otherwise agreed.
10. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
Any dispute arising in connection with the Services shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Registered Address: Unit 160, 548-550 Elder House, Elder Gate, Milton Keynes, Buckinghamshire.
Registered in England & Wales: Company Registration No. 17172113.