1. DEFINITIONS

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

Company: Inventory Clerk Midlands and/or it's 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 Inventoryclerk.com 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 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 2 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.

DISCLAIMER
This report is prepared by the VeriSmart Ltd network and is produced as an "as seen snapshot" of the property and it's contents at the time of the inspection, and is compiled as a fair and accurate record of the property's internal condition and its contents at the time of inspection. The report should not be used as an accurate description of each and every piece of furniture and equipment or as a structural survey report, but can be used as a way of identifying the condition of everything recorded.

Because the Inventory Clerk preparing this report is not an expert on fabrics, woods, materials, antiques etc: nor is a qualified surveyor, valuer or professional property inspector, they are not required to state whether an item is antique, made of precious metals, of unique origin, or whether it is new, despite the appearance obviously so, nor should the report be taken as any form of advice, no matter how worded .

Please be advised that items left in lofts, cellars or in locked rooms, garages and sheds that have not been noted in the inventory are the sole responsibility of the landlord, and although every reasonable effort will be made to record such rooms and items within such rooms or buildings, VeriSmart Ltd or their inventory clerks cannot be held responsible for any non-recording if there are adverse circumstances affecting access or viewing. Further, the movement of any items of furniture or appliances will not be undertaken - unless easy to do so - and therefore some observations may be limited where such items restrict full view.

Where inventories are completed with tenants in situ - i.e. already occupying the property - and it is deemed difficult for Inventory Clerks to differentiate between that belonging to the landlord or tenant, the report may contain inaccuracies for which VeriSmart Ltd or their inventory clerks will not be held responsible, especially if areas within the property are inaccessible, or not seen through conditions prohibiting easy viewing.

It is highly recommended that validation of an inventory, or any other VeriSmart Ltd report, be completed by landlord and or tenant to confirm their accuracy. Any queries or discrepancies relating to the description or content must be addressed to the Inventory Clerk directly or the head office within 7 days of the date of inspection (if using the VeriSmartTM system, this period may differ according to a letting agent's criteria).

Please note that the Inventory, or any other VeriSmart Ltd reports, are compiled in such a way as to reflect that which the Inventory Clerk observed at time of inspection and that any dilapidations, deficiencies, faults, breakages or dirt etc. are only noted if seen; otherwise that listed is presumed to be in good order even if not necessarily new or perfect.

SAFETY DISCLAIMER
All reports relate only to the property being occupied by the tenant, including furniture, furnishings and all landlord's equipment and contents of the property, as well as in some cases, areas surrounding the property whereby the landlord is partially or fully responsible for those areas. VeriSmart Ltd, or their Inventory Clerks, provide no warranty or guarantee, express or implied, of the safety of anything relating to the property, such as equipment or contents, merely a record that such items exist in the property with any superficial condition of such items. None of the electrical, smoke or CO detectors, gas appliances or water systems will be checked as to their working order or safety, although they may be recorded differently by tenants following subsequent use thereof.

The Inventory Clerk may not be a qualified electrician, HHSRS, Plumber, Health and Safety or Fire Regulation expert and is not required to report on anything which may contravene any Housing or Safety regulations, although the Inventory Clerk may indicate where, in their common sense opinion, something appears to require attention.

HOUSING HEALTH AND SAFETY RATING SYSTEM (HHSRS)
The HHSRS has been introduced in light of the Housing Act 2004 (the Act) and is guidance for Landlords and Property Related Professionals.

The Act changes the way local authorities assess housing conditions. They will now look at the condition of properties using a risk assessment approach called the Housing Health and Safety Rating System (HHSRS). This HHSRS does not set out minimum standards. It is concerned with avoiding, or at the very least, minimising potential hazards. This means that landlords should also review conditions regularly to try to see where and how their properties can be improved and made safer.

Inventory Clerks, although not qualified to assess the condition of properties under the HHSRS system, will however use common sense linked to guidelines issued by the government, to indicate any deficiency posing a potential hazard in the property. Where an Inventory Clerk has a concern, that is anything seen which in their view poses a hazard to the health and safety of occupants or their visitors, the item or items will be marked with (++++) on the report. In addition, a secondary document or email may be issued through the VeriSmart Ltd maintenance or HHSRS system to the agent or landlord, providing information regarding any concerns. Under no circumstance does the Inventory Clerk raising concerns accept responsibility for complete accuracy under the HHSRS.

FURNITURE & FURNISHINGS (FIRE) (SAFETY) REGULATIONS 1988 as amended 1993
Relevant furniture and furnishings, which have the appropriate label complying with the above regulations, will be indicated on the inventory as "fire resistant". In the case of any relevant furniture and furnishings where no labels are identified and the landlord has not confirmed that such items comply with the above regulations, they will be marked with 4 asterisks (****) on the inventory; this does not mean however that they do not comply, it means that no appropriate label has been seen. Where there are any loose fireguards, which are not part of a heater gas or electric fire, they will also be indicated on the inventory as being part of the fire they supposedly protect.

SMOKE DETECTORS
It is the tenant's responsibility to inspect any smoke or CO detector fitted in the property at regular intervals during the tenancy, in order to ensure they are in full working order as per the manufacturer's instructions, although it is the landlord's responsibility to ensure the correct products are appropriately fitted, again as per the manufacturer's instructions, as well as ensuring they are in working order at the commencement of a tenancy. The Inventory Clerk may indicate on the inventory the location - or lack - of any required detectors (including their appropriate siting), and where possible, may indicate any visible or auditory signals emitted if test buttons are activated. Under no circumstances will the Inventory Clerk be held responsible for the testing of or be liable for the accurate reporting of any smoke or CO detectors' working.

UTILITY METERS
Gas, electricity, oil, water and propane readings along with serial numbers are given as a service and will be recorded providing they are found and are safe. Meters in unsafe condition or locations will not be read and clients notified as to the reason. Measurement of oil tanks or propane gas will be made according to what's seen with any electronic measurement device or outside-of-tank visual inspection. Measurements will not be accepted as accurate via estimations or dipping of any oil tanks or similar.

GUIDANCE NOTES FOR LANDLORDS, TENANTS AND ADJUDICATORS ON THE USE OF THIS DOCUMENT
VeriSmart Ltd and the Inventory Clerks who work within the VeriSmart Ltd organisation, produce a range of inspections and reports, which may differ in style and content than other Inventory Services, and therefore it is important that relevant parties receiving any document are fully aware of how and why they are produced the way they are, and to help in this, please find below information which may assist in understanding their contents.

THE INVENTORY
An inventory is a report produced following a property inspection, listing and describing each and every component and content of a property in the context of "as seen" at the time of the inspection. As seen meaning a written and photographed "snapshot", to be used as the basis of how the property's condition and its contents were seen by the Inventory Clerk. In addition, the inventory may have additional notes or observations added by relevant parties to confirm or enhance its accuracy.

IMPORTANT: unless stated otherwise - either in brackets or in a separate column next to the item referred to - the listed item is assumed to be in good order, although not necessarily new or perfect.

Fair wear and tear is not considered at the time of an Inventory take, although the Inventory Clerk may offer an opinion as to an item's age or condition if it helps in future identification, e.g. appears poor condition, used, old or new.

THE CHECK-IN
As the name implies, this report is used to qualify the accuracy - with any additional notes or information - of the inventory at move-in by the Inventory Clerk and tenant or tenant's representative.

IMPORTANT: a check-in is not a duplication or substitute for an Inventory, although it may accompany or support an Inventory in distinguishing anything which needs adding to or altering within the Inventory.

The check-in report may vary in style according to a Landlord or Letting agent's needs, but typically will include a record of meter readings and keys recorded at time of tenant move-in.

The report may accompany, be included, or be supplied separately from the Inventory, and may be used as support material in deciding apportionment with the check-out report following tenant move-out.

THE MID-TERM
This report, sometimes known as a management or interim inspection, is produced normally - but not always - mid-term or 3 monthly during a tenancy period. The inspection and report - although varying in style - is normally used to report on how a property is being cared for, as well as within a context of problems whether caused or not by the tenant.

THE CHECK-OUT
As this name implies, the inspection and its subsequent report is intended to identify differences - whether better or worse - following tenants vacating a property at tenancy end.

IMPORTANT: a check-out is not a duplicate inventory, and in the context of VeriSmart Ltd's methods, will list differences for the purpose of identifying whether a landlord - or their representative - is able to claim for damages, loss or cleanliness issues.

Depending on client needs, an Inventory Clerk may add opinions as to whether changes are a tenant or landlord responsibility, or are due to fair wear and tear. Inventory Clerks will not offer opinions as to apportionment or value; this is the remit of the landlord or their agent, sometimes requiring support material such as quotes or receipts.

METER READINGS
As an organisation, VeriSmart Ltd and their Inventory Clerks endeavour to obtain utility meter serial numbers and readings as a service, providing meters are found and safe to access.

IMPORTANT: where a meter is either inaccessible or poses a danger to the Inventory Clerk, then notice will be given as to why and suggestions made as to how to gain the reading. Examples of safe include not accessing water meters in public or on-street locations.

THE VERISMART (tm) SYSTEM
VeriSmart Ltd Clerks and their clients may use what's known as the VeriSmartTM system" (Smart Verification).
As the name implies, the system is designed to avoid the use of physical paper, but with additional benefits.

Clients using this system are able to trigger Inventory reports online to tenants through coded links, allowing them to review an Inventory on screen, with the additional ability to add observations and pictures within an allowed time period given by landlords or agents.

The VeriSmart Delivery system takes responsibility for notifying tenants via text and email - providing their details are correctly supplied - with messages, informing them of instructions on how to use the VeriSmart system, and with all communications time and date stamped, Smart Verification is achieved.

IMPORTANT: This process does not conflict or contravene that recorded by the Inventory Clerk, but is used to verify the Inventory by tenants in their own time following move-in.

ONLINE HHSRS REPORTS
Inventory Clerks within the network are trained to recognise a majority of Housing Health and Safety hazards, and as such, may issue supplementary reports indicating to clients their concerns with what any hazard or hazards are.

IMPORTANT: Inventory Clerks are not trained as environmental health officers or health and safety professionals, and therefore will only report hazards seen in the context of a concern to clients of any possible outcomes of non HHSRS compliance. Inventory Clerks will not be liable whatsoever for any unseen deficiency or hazard. It will remain the landlord's responsibility at all times for the health and safety of their tenants and the correction of any deficiency in the property posing potential hazards.