Terms of Business
1 General
These are the Terms and Conditions of Business for services provided between Live Oak Inventories Limited (LiveOak) as an independent inventory company and an Instructing Principle or Client. The commissioning of Services by an Instructing Principle on behalf of their Client or Client's legal representative shall be deemed an agreement to these Terms and Conditions.
2 Quotations for work
In line with the majority of inventory companies, LiveOak fees are calculated on the number of rooms within a property. It is the responsibility of the person making the enquiry to fully avail him/herself of our fees and pricing policy and provide accurate, fair and correct information when obtaining quotations for work. Our fees reflect the work carried out not the amount quoted.
3 Fees and charges
3.1 The liability for all fees relating to a specific inspection lie with the Instructing Principle.
3.2 It is the responsibility of the Instructing Principle to accurately provide all relevant invoicing information. Inaccurate information will delay invoicing and distribution of reports.
3.3 Our payment terms for approved agents is strictly 14 days.
3.4 For all landlords, payment is required in full BEFORE distribution of reports.
3.5 LiveOak reserves the right to charge interest on overdue accounts at base rate +8% in line with the Late Payment of Commercial Debts (Interest) Act 1998.
3.6 All reports unpaid after 30 days will be archived. An administration fee will be charged for their retrieval in addition to any outstanding fee related to them. These reports will only be released when ALL related fees have been paid in full.
3.7 All distributed reports remain the sole property of LiveOak until full payment has been received.
3.8 LiveOak reserves the right to change prices at anytime and such charges shall be immediately effective. The price charged will be that prevailing when the booking is made. The Instructing Principle is responsible for ensuring he/she is fully aware of our prices at the time of making a booking.
3.9 A full current price list is available on request.
3.10 All fees and charges are subject to VAT at the prevailing rate (VAT No GB 713 8341 47).
4 Arrangement of appointments and access to properties
4.1 It is the responsibility of the Instructing Principle for arranging appointments/access to properties.
4.2 Information provided as part of the booking process must be candid and accurate. Failure to provide accurate information may lead to appointments being aborted or extra charges being raised.
4.3 Once a booking has been agreed, it is the responsibility of the Instructing Principle to keep LiveOak informed of all relevant changes to booking details, specifically cancellations or postponement of appointments, changes to appointment date or time or access arrangements.
4.4 The Instructing Principle is responsible for ensuring access arrangements are met, including booking of keys, arranging access via porters, landlords or tenants etc.
5 Booking confirmations
5.1 LiveOak will confirm ALL bookings via an emailed booking confirmation form.
5.2 The LiveOak Webcal automatically creates and sends this booking confirmation direct to the Instructing Principle once an appointment has been added and saved onto the calendar. This booking confirmation is our commitment to attend and carry out the relevant inspection.
5.3 A new booking confirmation will be emailed each and every time a booking is altered or changed.
5.4 It is the responsibility of the Instructing Principle to check expected booking confirmations have been received and that the information contained within them is correct.
5.5 Incorrect information on the booking confirmation could lead to delays, aborted appointments or additional charges for which LiveOak will accept no responsibility.
5.6 LiveOak operates a "no booking confirmation, no booking" policy and will not accept any responsibility for missed appointments where the Instructing Principle is unable to provide the relevant LiveOak booking confirmation.
6 Appointment delays
6.1 Due to other diary commitments it is vital appointments start on time.
6.2 The majority of appointments will be aborted if they are delayed more than 20 minutes after the agreed start time. An abortive fee will be charged.
6.3 Where the diary will allow, the Clerk will wait after the 20 minute cut off. The total waiting time will be added to the final cost of the inspection.
7 On site documentation
7.1 LiveOak will work from inventories produced by other professional inventory clerks/companies provided they are current and sufficiently accurate and detailed to be fit for purpose.
7.2 LiveOak will not work from inventories made by landlords.
7.3 Provided LiveOak has the relevant documentation on file, LiveOak will undertake to provide its Clerk with all documentation necessary to complete an inspection, either directly to the Clerk or via the Instructing Principle.
7.4 Where the documentation is not originally from LiveOak, it is the responsibility of the Instructing Principle to provide all necessary documentation.
7.5 It is the responsibility of the Instructing Principle to ensure all relevant documentation is current and sufficiently accurate and detailed to be fit for purpose.
8 Keys
8.1 It is the responsibility of the Instructing Principle to give clear instruction with regards to all aspects of keys, their collection, issue, retrieval and return.
8.2 As part of our fee, LiveOak will collect/return keys to any address pre/post appointment provided the relevant address is deemed "local" to the property on which the inspection is/has occurred.
8.3 LiveOak will return keys further afield by Clerk, registered post or courier. An additional fee will be charged.
8.4 By default all principle keys and fobs (those required to actually access a property) issued/retrieved to/from a tenant will be noted, photographed and tested as part of the inventory process. Any keys or fobs not tested will be clearly noted as such on the report.
8.5 LiveOak will not accept responsibility for any lost or unaccounted keys or fobs or any issued in error to tenants.
9 Meter readings
9.1 Meter readings are taken as part of the inventory process. This is subject to successful access and the correct meters being identified.
9.2 LiveOak Clerks will search out meters in all excepted locations however it is the responsibility of the Instructing Principle to provide details of utility meters including meter numbers, location and access details.
9.3 LiveOak will not accept liability for meters not read or incorrect meter readings.
10 Dilapidations/allocation of liability
Where LiveOak allocates liability for issues noted at Check out, LiveOak acknowledges that contractual terms within the tenancy agreement may over rule the opinion of the Inventory Clerk.
11 Report distribution
11.1 It is the responsibility of the Instructing Principle to accurately provide all relevant distribution information. Inaccurate information will delay distribution.
11.2 Unless agreed otherwise, all distribution is by email.
11.3 All emailed reports are in PDF format. Acrobat Reader software is available here. We do not email reports in any other format.
11.4 With prior agreement LiveOak will provide hard copy distribution via post. An additional administration fee will be charged.
11.5 Advertised distribution times relate to documents physically leaving the office. Any delay exceeding this time will be immediately communicated to the Instructing Principle as soon as this delay becomes apparent.
11.6 LiveOak will not accept liability for delays in distribution for any reason.
12 Archiving of reports/photographs
12.1 LiveOak endeavors to store and archive all reports and photographs indefinitely however we will not accept liability for any report/photograph that becomes lost or corrupted.
12.2 Once distributed, the archiving of reports and provision of such for future use remains the responsibility of the Instructing Principle or his/her client(s).
12.3 An administrative charge may be raised for retrieval and provision of any archived report or photograph.
13 Photographs
13.1 Photographs are taken as part of both the Check in and Check out process. Unless specifically requested otherwise, the number and type of photographs taken remains at the discretion of the individual Clerk.
13.2 Photographs taken as part of the Check in are added to the back of the Inventory as thumbnails or as A4 sized pictures at the back of the Check out report. The main photographs are retained and stored by LiveOak.
13.3 Stored photographs can be made available in the event of a dispute. An administrative fee will be charged.
14 Disputes
14.1 LiveOak will, provided the relevant Check in and Check out was conducted by LiveOak, the inventory process was completed properly and all related fees to the disputed tenancy have been paid in full, attend Court or assist in the mediation of a dispute. An hourly fee will be charged
14.2 LiveOak will not, under any circumstances, become involved in any dispute until all fees related to the disputed tenancy have been paid in full.
14.3 Until all LiveOak fees relating to a disputed tenancy have been paid in full, the relevant reports remain the sole property of LiveOak. These reports may not legally be used without written permission from LiveOak, either in the mediation of a dispute or in a Court of Law.
14.4 LiveOak reserves the right not to become involved in any dispute relating to any tenancy where LiveOak did not do the Check in and Check out or where the inventory process related to the disputed tenancy is flawed.
15 Complaints
Alleged complaints relating to work or invoicing must be communicated verbally within 3 (three) working days of the distribution of said report/invoice and then confirmed in writing within 7 (seven) working days. Any complaint will then be investigated and any necessary action will be taken
16 Commitment to clients
16.1 LiveOak's over riding concern is it's commitment to its clients. LiveOak products and services are flexible and LiveOak undertakes to tailor these to the specific requirements of individual clients.
16.2 LiveOak is committed to best practice, impartiality, transparency and the highest level of professionalism in every aspect of the inventory process. More information about LiveOak, its principles, products and services can be found at www.liveoak.co.uk