Terms and Conditions

1.0 General
1.1 These terms and conditions of business are for the services provided by KC Property Inventories, an independent property inventory company and service supplier to the property lettings market to any instructing principal and/or client. The commissioning of KC Property Inventories by any instructing party on behalf of their client, the client or the client’s legal representative is deemed to be in agreement with these terms and conditions.

The following expressions shall have the following meanings:

1.2 “Supplier” means KC Property Inventories

1.3 “Compiler” means any person writing the report on behalf of the Supplier;

1.4 “Customer” means any person who purchases Services and/or Products from the Supplier;

1.5 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.6 “Proposal” means a statement of work, quotation or other similar document describing the Services and/or the Products;

1.7 “Services” means the services as described in the Proposal and include any materials required to complete the work;

1.8 “Products” means any products supplied by the Supplier to the Customer;

1.9 “Terms and Conditions” means the terms and conditions of supply of Services and/or Products set out in this document and any subsequent terms and conditions agreed in writing by the Supplier;

1.10 “Order” means the formal acceptance by the Customer of the Proposal;

1.11 “Agreement” means the contract between the Supplier and the Customer for the provision of the Services and/or Products incorporating these Terms and Conditions.

2.0 Services Provided
If the client appoints an instructing party as their representative to commission KC Property Inventories for any type of service, it is the responsibility of the instructing party and not that of KC Property Inventories to make the client aware of these terms and conditions of business.

2.2 KC Property Inventories do not accept or recognise a plea of ignorance by either the instructing party or that of the client.

2.3 When the instructing party makes a booking and we are to meet a tenant to check them in or out of a property it is the instructing clients responsibility to advise these details to the tenant to avoid any issues at the appointed day and time.

2.4 We always aim to arrive at the appointed time however this may not be possible due to unforeseen circumstances out of our control. you, the client will be kept informed of any lateness. If the agent, landlord or tenant is more than 15 minutes late our clerk will leave the property, the client will be charged £50.00 for the no show.

2.5 A timed photograph will be taken to prove evidence at the time out clerk arrived at the property.

2.6 Our clerk will not wait at the property after the 15 minutes no matter how the client may plead arrival will be imminent.  

3.0 Fees

3.1 It is the responsibility of the instructing party commissioning services to pay all fees for services rendered to or on behalf of the client in accordance with the scale of fees. Landlords/Tenants pre pay to secure the booking – Letting Agents to pay within 14 days of the invoice date.

3.2 An instructing party shall pay all fees due as the result of services provided within the period agreed and stated on the presented invoice.
3.3 If the client is not represented by an instructing party the client will pay all fees due prior to or at the date and time the services are to take place, failure to do so will result in the services not taking place.
3.4 KC Property Inventories reserves the right to apply interest charges for the late payment of any fees overdue for more than fourteen working days after the period stated on the presented invoice, at a rate of 8% net which will be added monthly.
3.5  When our clerk accepts the instructing clients booking it will be confirmed by email and the identity of the clerk that has been assigned together with their contact details. This booking will take president over any new bookings that are requested on our system so if anyone requires a job at the same date and time it will be rejected. Should the instructing client cancel the booking, the clerk not able to gain access to the property or the tenant is not ready to move in or out without giving 48 hours prior notice they will be charged an aborted call fee of 50% of our agreed price.
3.6 In the event any discrepancy caused by the instructing party and/or the client, resulting in the service needing to be carried out again, the second or ‘new’ appointment will be treated completely separate to the prior and charged at full cost.
3.7 All reports generated by KC Properties Inventories and delivered via any type of medium remain the sole property of KC Property Inventories until all fees are paid in full.
3.8 The completed inventory will be sent to the instructing party in by email. Word documents and hard copies will not be provided and are not included in the fee.

4.0 Disputes and Complaints

4.1 Any circumstances allegedly giving cause for complaint about the services or invoice for services provided by KC Property Inventories must be notified by the client and/or instructing party on behalf of the client within 2 working days of the services being completed and/ or before any tenancy deposit/ bond is returned to the tenant.

4.2 KC Property Inventories does not accept any responsibility for any error or omission of data within a report.
4.3 In the event of a dispute between clients and all fees have not been paid in full, any reports delivered by KC Property Inventories, remain the sole property of KC Property Inventories and therefore cannot be used in any way without written permission.
4.4 KC Property Inventories reserves the right not to attend court for any dispute arising out of a dilapidation assessment between clients if a KC Property Inventories representative did not attend the original check-in appointment or sign on behalf of the client.
4.5 KC Property Inventories, providing the original report for services was provided and signed by a KC Property Inventories representative on behalf of the client; go to court to argue any dilapidation assessment on termination of the tenancy.
4.6 Whilst every care will be taken at the time of the appointment, KC Property Inventories do not accept responsibility for any accidental damage to the property, its contents, fixtures and fitting howsoever caused by the inventory clerk whilst undertaking the inspection.
4.7  In the event of a dispute concerning the content of Inventory, check out or mid-term inspection reports by any party, we will not enter into protracted and lengthy correspondence by email or telephone conversations. When it becomes clear that it unlikely that all parties are unlikely to agree to a situation we reserve the right to withdraw from any further communication from any party and this decision will be agreed before advising the persons concerned and will be final.

5.0 Services

5.01 The reports prepared by KC Property Inventories are intended as an independent, fair and accurate record of the décor, fixtures and fittings and furniture, which compose the internal content of the property, the condition of these items and the internal condition of the property. The report enables items to be visually identified only; no attempt will be made to ascertain the original manufacturer or period in which an item was produced. The report is no guarantee of the adequacy, or safety of all/any furniture, equipment and contents, merely a record that they exist in the property and the time the report is carried out.

5.02 The inventory clerk preparing a report is not an expert on fabrics, materials, antiques etc. or a qualified surveyor and the condition of the contents\fixtures and fittings are the clerks opinion only based on their experience of property inspections. All colours within the report are to mean description of colour only and not that of any metals. No attempt will be made to place monetary value on the property or its contents, or to determine whether an item is genuine or reproduction. Any report provided by KC Property Inventories should under no circumstances be used as a structural survey report.  Any additions\alterations\comments to the inventory report from the landlord or tenant will be added to the penultimate page and not in the respective room or area that it refers to.

5.03 KC Property Inventories representative will not undertake to move heavy, large, awkward and/or valuable items of furniture

5.04 Items left in inaccessible places, lofts, cellars or in any areas behind locked doors will not be listed and/or inspected and are the sole responsibility of the client. We do not inspect communal areas such as hallways and gardens or any other shared spaces.
We do not open or test windows, the tenant should advise us if there are any issues. We do not inspect exterior top kitchen units.

5.05 Any contents must be situated in their respective rooms as specified in the report upon termination of the tenancy. Failure to do so will result in delay on appointment and additional charges.

5.06 Any additional items Any plants, cleaning materials, food and drink goods and spare light bulbs are considered perishable items and will not be listed on a report. Smart Inventory Service Ltd will not undertake to list any large number of books, CD’s and/or DVD’s, crockery, cutlery, pots & pans, small electrical items etc individually. If the landlord or letting agent would like miscellaneous items to be included in the inventory a list should be made available for us to copy and paste onto the end of the report. However, these items will not be inspected by KC Property Inventories on check out but instead the responsibility of the instructing client.

5.07 Provided that Utility meter readings are readily accessible, easy to locate and labelled they will be read and noted at check-in and checkout. It is the clients and/or instructing party on behalf of the client’s responsibility to advise the location of any such utility meters prior to the inspection especially in respect of water meters which can be difficult to locate and identify so the serial number should be provided. If we are unaware of, unable to locate or have unreasonable access to meters, they will remain unread and the landlord or tenant should provide the reading.
If the meters are accessed via a concierge they will be responsible for taking photos or supplying the relevant readings to the instructing party/tenant
 The instructing party and/or client are responsible for security, heating, and plumbing and meter usage of the property both pre-and post KC Property Inventories service

5.09 It has to be accepted that any time lapse between the completion of the inventory report and the check-in and/or checkout and subsequent check-in, cannot be independently verified by KC Property Inventories. It has to be acknowledged that some alterations (any amount of damage, items removed or added) to the property may occur within this period.

5.10 KC Property Inventories cannot accept responsibility for any lost or unaccounted for keys
5.11 KC Property Inventories has the right to amend any part of the service and/or pricing at their discretion in line with future market changes or updated legislation or deemed to be relevant by KC Property Inventories. In the event of any such changes, all existing customers will be notified either in writing or verbally of said changes before any additional services is booked.

5.13 Where KC Property Inventories are instructed to undertake a check out report based upon an inventory not carried out by KC Property Inventories, no responsibility will be accepted if the quality of that report is not of our standard. If items are not described fully or omitted entirely if defects or cleaning issues are noted no charges will be levied to the outgoing tenant.

5.14 Smoke alarms and carbon monoxide alarms will be tested where possible, KC Property Inventories will not be held responsible for any such alarms found not to be working unless specified in the report.

5.15 Mid Term Inspections will be undertaken to advise the landlord or letting agent if the tenant is looking after the property correctly. This report reflects the conditions found on the day of the inspection but will not necessarily accord with the condition found on the termination of the tenancy.
5.16 Keys: We will only list keys handed to us by the instructing agent/landlord in order to gain access to the property. If the client provides further keys that are left in the property at check in they will not be included unless specifically instructed to do so and a list provided.
Upon check out we will return keys to the place instructed. If no instructions are forthcoming we will secure the property and retain them until instructed where to return them. Further charges may be incurred for our clerks time or postage costs.

5.17 KC Property Inventories will note the weather conditions on the report. KC Property Inventories will not except responsibility of poor light within the property at the time of report taking.

6.0 Dilapidations

6.01 On termination of the tenancy the check-in and/or inventory make report is checked again and any discrepancies and/or variations will be reported to the instructing principle and/or the client. The checkout report will indicate, in the opinion of KC Property Inventories 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. KC Property Inventories acknowledges that the contractual terms listed in the tenancy agreement may overrule the opinion of the assessor.

6.02 KC Property Inventories does not accept the responsibility of any dilapidations and/or remuneration for any such dilapidations noted or not noted on the report.

7.0 Regulations

7.01 All regulations published by the Department of Trade and Industry / Trading Standards / or any similar parties are the responsibility of the instructing principle and/or the client.

7.02 Where KC Property Inventories reports note that a/any certificate has been seen i.e. The Electrical Equipment Safety Regulations 1994, The Plugs 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 KC Property Inventories. It is not a statement that an item can be considered to comply with the required regulations, merely a documented note that a certificate existed on the date the report was carried out.
7.03 Where the report notes ‘fire label seen’ this should not be interpreted to mean the item complies with the ‘Furniture and Furnishings’ (Fire, Safety & Amendments) 1993. It is a record that the item had a label as described or similar to that detailed, in the ‘Guide to the Furniture and Furnishings’ (Fire)(Safety) Regulations as published by Department of

Trade and Industry, January 1997, (or subsequent edition), attached at the time this report was compiled. It is not a statement that the item can be considered to comply with the regulations.

8.0 Exclusions of Liability and Indemnity

8.1 In the event that the client and/or instructing party give KC Property Inventories instructions which are followed in good faith and which turn out to be unlawful or result in an unlawful act or otherwise give rise to any other claim, you will provide KC Property Inventories with full indemnity for all penalties, damages, costs and legal expenses whatsoever which may occur as the result of following the instructions.

8.2 Whilst every care will be taken when conducting the inventory or check out report KC Property Inventories cannot be held responsible for the breakdown of any tools of the trade such as dictating machines, tablet devices, cameras, smoke alarm testers.

9.0 Law and Jurisdiction

9.1 This contract shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England
9.2 Any proceedings arising out of or in connection with this contract may be bought in any court of competent jurisdiction in England whose courts shall have exclusive jurisdiction.

10.0 Contract

10.1 No variation to these terms will be effective unless agreed in writing by an authorised signature of KC Property Inventories.

10.2 No other person apart from those listed on the tenancy agreement can be present at the appointment

10.3 KC Property Inventories does not and will not tolerate:

Offensive or abusive language

Verbal abuse and swearing

Loud and/or intrusive conversation

Unwanted or abusive remarks

Negative, malicious or stereotypical comments

Should our clerk feel that in any way they feel compromised/under threat/uncomfortable during any inspection they will leave the property immediately without reason and the client/instructing party will be charged fully for the uncomplete report.

11.0 Modifications of these Conditions of Use

11.01 KC Property Inventories reserves the right to change the terms, conditions and notices at any time and such modifications shall be effective immediately upon posting of such changes. The client and/or instructing party are therefore responsible for regularly reviewing these Terms and Conditions and additional terms or notices posted on KC Property Inventories website. The continued access of this website shall be deemed the client and/or instructing principle conclusive acceptance of the modified agreement.

12.0 Disclaimer/Limitation of Liability

12.01 KC Property Inventories website is provided by KC Property Inventories on and ‘as is’ and ‘as available’ basis. KC Property Inventories makes no express or implied warranties, representations or endorsements of any kind, or as to the operation of the website or the information, content, materials, or products included on the website. Your use of the website is at your sole risk.

12.02 To the full extent permissible by applicable law, KC Property Inventories disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. KC Property Inventories does not warrant that the website, its servers, or e-mail sent from KC Property Inventories are free of viruses or other harmful components. KC Property Inventories will not be liable for any damages of any kind arising from the use of the site, including, but not limited to direct, indirect, incidental, punitive and consequential damages. KC Property Inventories uses reasonable efforts to include accurate and up-to-date information on the website. KC Property Inventories assumes no liability or responsibility for any typographical or other errors or omissions in the content of the site. In the event that a product is listed at an incorrect price or with other incorrect information, KC Property Inventories shall have the right to refuse or cancel any orders placed for the product listed incorrectly. If a product offered by KC Property Inventories is not as described, your sole remedy is to return it to KC Property Inventories for a refund. All postage required to return a product will be at the buyer’s expense.

12.03 A full refund will be given providing we are advised that the appointment is cancelled 72 hours in advance of the booking.

13.0 Utilising the Inventory

All care and diligence has been taken to provide a fair and accurate report of the condition of the property and contents, we will not be held responsible for any items missed or damage not seen after 2 days from the date of this report

13.01 The inventory will be compiled on the basis that unless stated, listed items are in good clean condition, free from obvious soiling, damage or defects. The clerk is not aware of recently bought items. The Inventory check-in or check out will be compiled by the Clerk assuming that is safe and not detrimental to their well-being. All electrical items will be tested for power only, unless the Clerk deems testing unsafe.

13.02 It is the Tenants responsibility to report on non-opening windows, windows are not checked. Every effort has been made to carefully check the property and its contents; however, our representative cannot move heavy contents, lift rugs or turn over mattresses.

All measurements are in centimetres/metres and are approximate unless stated otherwise. Properties with cluttered cupboards and large amounts of assorted crockery, cutlery, glasses etc. will not have items listed individually, however a photography will be provided for evidence. Shades of paint will not be specified; base colours will only be noted.  Contents of garages, garden sheds cellars and lofts are not be inspected, a photography will be provided for evidence for the above apart from lofts if the areas are easily ecessible. If the landlord wishes them to be included a list should be provided for inclusion on the Comments page.

13.03 Tenants\Landlords comments – Both parties have 2 days to make any comments following receipt of the inventory. Any comments will then be added to the report.

14.0 Check Out Report

The property will be inspected as thoroughly upon check out as it was upon check in.  Obvious or significant discrepancies will be reported to the Managing Agent/Landlord.  The report will record all damaged/soiled/missing items and whether in the opinion of the Clerk, the tenant is responsible and thus liable for charges.  However, the law allows for Fair Wear & Tear and this will be taken into consideration when the Check Out report is compiled.

14.01 Should the property had of been professionally cleaned at the commencement of the tenancy, the property must be professionally cleaned (or of a similar standard) for the check out. Gardens must be left in accordance with the tenancy agreement otherwise charges may be added to the Check Out report. We do not test locks to garden gates, sheds, summerhouses or other outbuildings.

14.02 At the end of the tenancy all items should be ready and in the same location as listed in the Inventory.  Failure to do so will result in charges being passed on to the tenant (see price list).  Where items have not been returned to their original position and are not easily seen they made be noted as “Not Seen” on the Check Out and their replacement may be charged for. All beds should be left unmade with the linen folded.  Bedding and linen should be clean and ironed where relevant.  Beds (bases & mattresses) and pillows will be examined for staining and damage not previously noted on the inventory.  Charges will be made in the form of cleaning charges, compensation or a percentage of the replacement cost as appropriate.

14.03 Charges may be added to the Check Out Report if marking to walls and woodwork is found to be excessive and if crockery, china, glassware and utensils are found to be chipped cracked, burnt or soiled beyond what is considered Fair Wear & Tear. If the property is furnished all items will be checked for damage and charges may be incurred if damage is considered beyond Fair Wear & Tear. At the allotted time of Check Out all cleaning must be completed, personal items removed and keys handed over.  Failure to comply will result in the clerk aborting the call and further charges being added to the Check Out Report.

15.0 Disclaimer

Whilst all care and diligence has been taken to provide a fair and accurate report of the condition of the property and its contents at check out, KC Property Inventories will not be held responsible for any items missed, damaged or not seen after 2 days of the date of this report.

15.01 Please note that we are unable to lift heavy items of furniture or fully test appliances. Property left in lofts, cellars and locked rooms, which has not been inventoried is the sole responsibility of the landlord

15.02 Where a charge is recommended in respect of depreciation, please use the following formula for calculating the allowance

Cost ÷ by life expectancy x remaining life = value

15.03 Following receipt of the check-out report should either the landlord or tenant challenge the content within the 2 day period, we will undertake to investigate any issues raised and based on evidence received from either party and our professional opinion, reserve the right to change the report accordingly should we see fit