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Terms and Conditions - Home information Packs

  •  These terms and conditions together with the HIP Order Form are part of a contract between Yellow Apricot Limited and the Customer named in the front of the HIP Order Form and apply in addition to other terms and conditions on the Yellow Apricot website. However, the Report is objective and can be relied upon by any party having a valid legal interest in the condition of the property, provided that this interest has been notified to and acknowledged by us in writing. In the case of reliance by a third party, Yellow Apricot cannot be held responsible for any errors or omissions in the report and any parties seeking to rely on the report should make their own enquiries to corroborate their evidence. If required, upon payment of an administration fee of £100 plus VAT, we will re-issue the report, for example in the name of the purchaser. However, we reserve the right not to re-issue a report for any reason whatsoever without giving reasons.

•  The purpose of the inspection and the verbal and written reports is to put the present condition and performance of the property into an overall perspective and this inspection will be carried out by a Surveyor approved by Yellow Apricot;

•  The Report is not a guarantee that the property is free from defects other than those mentioned in the report;

•  If a market valuation of the property is required in addition to the Report, an additional fee will be payable and must be agreed with in writing with Yellow Apricot and paid in full before any market valuation request can be processed;

•  The Report will include an Insurance Reinstatement Value (IRV) which will be based on the Guide to House Rebuilding Costs prepared by the Building Cost Information Service of the Royal institute of Chartered Surveyors and the Association of British Insurers.

•  The Report involves a visual inspection of the accessible parts of the property. No decision should be made on any action that should be implemented in response to the Surveyor's findings, verbal comments and recommendations until a written report is received. It is the written report that forms the basis of the recommendations and only this should be relied upon;

•  The inspection and Report shall focus on the condition of the principal elements of the property. Fixtures and fittings will be subject to a general inspection only. Points which are not considered material by the Surveyor shall be omitted. Permanent outbuildings converted to habitable use will be inspected to the same extent as the main property;

•  There will be practical limitations on the scope of the inspection. The surveyor will not break out or open any structure, lift fitted carpets, cut or move floorboards or move furniture or other items. Ladders are carried for access to flat roofs and structures to a height of three metres. The Surveyor will inspect accessible and safe roof spaces and areas below floors but will be unable to report that parts of the property covered, unexposed or otherwise inaccessible are free from defects;

•  The Report will include a Summary of the Surveyor's findings under the following headings: property, brief overall assessment, serious defects, essential repairs, other repairs, further investigation, environmental matters and matters for your solicitor. This summary should be read with the full report;

•  A Yellow Apricot Headline Survey will be limited to reporting on serious defects, essential repairs, further investigation, environmental matters and matters for your solicitor only. It will not report on other repairs;

•  Serious Defects are defined as defects that, in the Surveyor's opinion, threaten the stability and safety of the structure or the persons using the property. Examples include subsidence, wall-tie failure, excessive bowing or fracturing of walls or chimneystacks and extensive dry rot in structural timbers;

•  Essential Repairs are defined as defects that, in the Surveyor's opinion, require attention within six months to prevent the defect from becoming a serious defect. Examples include falling roof coverings, blocked, broken or inadequate gutters and downpipes, heavily eroded pointing and active beetle infestation;

•  Other Repairs are defined as defects that, in the Surveyor's opinion, are not serious defects or essential repairs but which require attention either now or at some time in the future to put the property into or maintain it in good condition for its age and type. Examples include plasterwork repairs, insulation upgrades, internal and external decorations. Other Repairs are beyond the scope of the Yellow Apricot Headline Survey and are not reported on;

•  Further Investigation is recommended where the Surveyor has good reason to suspect the presence of a Serious Defect or Essential Repair but has been unable to confirm this or ascertain the extent of the problem. Examples include blocked or leaking drains, timber decay and structural alterations that may have been carried out without planning permission or building control approval;

•  Guideline budgets for repairs are included in the Report where appropriate, based on the information available to the Surveyor at the time. Remember, these figures are only for guideline purposes and should not be misconstrued as estimates or an offer to carry out the said work for the price quoted by these figures. You should contacted at least three outside contractors to provide you with estimates for the full cost of repairs and neither the Surveyor or Yellow Apricot shall beheld responsible for items on the Report and not on the estimate or for the figures on the Report

being materially different than the estimates;

•  Surveyors are not qualified to test or confirm the adequacy or safety of service installations or appliances in the property. The surveyor shall report on the basis of a visual inspection of the accessible parts of the property. You should arrange for separate tests of the water supply, drains, electricity and gas and/or heating installations;

•  Surveyors are not qualified to test or confirm the condition of leisure facilities such as swimming pools, Jacuzzis, gyms and tennis courts. You should arrange for your own independent examination of these facilities;

•  Although the Surveyor will report on hazardous or suspect materials found during the scope of the investigation and make appropriate recommendations, the sampling and testing of asbestos containing materials or other hazardous or suspect materials lies outside the scope of the Survey.

•  If the property is leasehold, you should seek independent legal advice on the implications of the clauses in the lease relating to dilapidations and repairs to the property. The Report should not be misconstrued as a Schedule of Dilapidations. The Surveyor will only make a brief inspection of the exterior or common parts of the property and inspect internal finishes and adjacent fabric within the immediate vicinity of the property;

•  Yellow Apricot reserve the right to refuse to carry out a Survey for any reason whatsoever without reason;

•  Unless otherwise agreed, fees for further investigation, follow-up advice and/or other surveying services are payable in advance at rates to be advised at time of the written request from you;

•  Yellow Apricot cannot be held responsible for any losses incurred as a result of a Surveyor appointed by Yellow Apricot failing to turn up at an appointment, being late or for any other reason whatsoever;

•  Yellow Apricot's Surveyors are required to comply with the Health and Safety legislation and RICS Guidance Note "Surveying Safely - A commitment to Surveying Safely". The Surveyor will assess the safety implications presented by the site and use his judgement to determine whether or not the scope of the inspection needs to be restricted;

•  If the Surveyor is found to be negligent in providing any of the services under this contract, damages claimable from the Surveyor will be limited to the diminution in the value of the property at the time of the Report as a direct result of relying on the Report. Yellow Apricot will in no way whatsoever be liable for negligence of the Surveyor as the Surveyor will not be working in the capacity of a Yellow Apricot employee. Yellow Apricot will only be assembling the different components of the HIP and Yellow Apricot's liability is limited to this. Where you are requesting the HIP on a HIP and Auction Basis, the Auction Terms and Condition in their entirety will supersede this clause;

•  This contract is subject to the exclusive jurisdiction of the English Courts and UK Statutory Law;

•  These terms and conditions may be varied at any time by Yellow Apricot Limited on giving written notice to the Customer named in the front of the HIP Order Form.

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