TERMS &
CONDITIONS

SURVEYING

1.

PRK Surveying and Project Management offers new build properties snagging inspections and all aspects of project management. Client satisfaction regarding our survey services and project management is paramount. We use our best abilities to help ensure every defect during snagging and condition surveys is identified within your house. This, however, may not always be possible. Times of which this may be effected can include:


• Impaired access to areas of the property.
• Impaired visibility due to out of our control conditions (i.e. adverse weather*, seasonal natural lighting, provisions of lighting within residents accommodation).
• Human error and interpretation or any similar reason. (however, using our vastly experienced professional experience and recognised professional chartership, we endeavour to promise the most reliable and accurate reports inline with requirements).
• Where defects & snags are deemed to require further investigation this will be advised. PRK take no responsibility or liability should the homeowner fail to act on this advice.


PRK Surveying and Project Management take no responsibility for any defect missed, mis represented, mis-interpreted or otherwise refused by the contractor.


*Times of which when the weather is forecast 48 hours prior to be significantly adverse, unsafe or impact detrimentally upon surveys, the customer will be contacted with over 24 hours notice to offer a rescheduled appointment.

2.

PRK Surveying and Project Management are here to help you every step of the way and pride ourselves on aftercare. Our goal is to get your house to the standard you expect and deserve. If your house builder refuses to complete defects we will advise you on the best ways to approach the builder. However, this is out of goodwill and our service is on the basis of the provision of the survey and or snagging inspection and report. We take no responsibility if your builder refuses to complete defects and are not liable for the quality of and or their acceptance of works.

3.

We use industry tested thermal cameras to scan areas of your property (including but not limited to) windows, external doors, radiators and/or underfloor heating. Our inspectors firstly will inspect your windows physically, they will check if windows open and shut smoothly, all the seals are intact and airtight, whether there are any scratches on the frame or glass panels, etc. If any issue found, then we will use thermal camera to scan and capture for any areas posing potential heat loss and or showing cold spots and or potential defect. The images supplied are for reference and demonstration purposes only, further inspection by the building contractor will be recommended. It is down to the customer to follow up all areas of advice with the contractor. 

3.1.

Please note thermal scan works only when weather is very cold, if weather at the time of inspection is not cold enough to carry out thermal scan then we will check physically that your external windows and doors seals are intact, no scratches on the glasses, panels operating smoothly and seals are airtight.

4.

Personal and payment information may be processed by a third party company. This is purely in the interests of customer data protection. The current payment client used is “Xero”. We will also abide to all latest GDPR requirements.

5.

Our service can vary in time drastically depending on several factors including (but not limited to) house size, quality of build, access provisions, age of property etc. Under no circumstances does the number of snagging items picked up, nor the time taken to pick them up affect the price paid.

6.

We are fully transparent with pricing and all prices where displayed are fixed and there are no additional charges than those stipulated. Our service is to inspect/survey or project manage your house or build to the best of our ability. Although we give a guideline to the time taken and the amount of snags on average we pick up if the service takes less time or the amount of snags is less than anticipated we will not be held responsible and shall not issue any sort of refund relating to this matter.

7.

Receipt via email confirmation of booking agreement and/or invoice to your provided email address is an agreement of the location, date, time and price. Any changes must be given via email latest 72 hours before the inspection takes place.

8.

If the inspector is unable to gain access to the property on the day of the inspection. The inspector will make a further number of 2 attempts to contact the customer to gain access; following this and a no longer than 30 minutes downtime, the inspection will be cancelled and no refund given.

8.1.

Should a request for the inspector to wait be made, charges per hour, over the initial 30 minutes will be applicable to the full duration of delay. This will be charged at the rate of £45/hr. There will be no partial charge on times under the hour.

9.

There is no pay later payment method available, unless otherwise agreed and a minimum of 50% non-refundable upfront payment is made, remainder of the payment must be paid within 7 days from the appointment date, failure to do so will result in cancellation with no refund. All payments must be made at time of booking. Any payment not received within 7 days of the survey date will result in cancellation of appointment and re-booking will be required.

9.1.

Through our extensive years working with and for some of the countries biggest developers we understand that completion dates can move. In the event of this, and with suitable notification up to 72 hours before date of inspection. We will allow a rescheduled appointment with no additional fee. This will be subject to availability.

9.2.

In the event of impact from 9.1. No refunds for cancellation will be given. A maximum of 2 deferred appointments can be made, following this there will be a £50 admin charge for further deferral. In the event of full cancellation due to non-completion and or exchange of property, we will not issue a full refund, but offer to hold your payment on account to be used within an 84 day (12 week period) from the original date of appointment. After this there will a 50% refund and a full re book will be required.

9.3.

Payments are to be made as agreed and outlined into the respective bank account and via the nominated method of payment included but not limited to: BACS, third party account handler etc. Payment by cheque will not be accepted.

10

Cancellations after 72 hours of confirmed inspection date are non-refundable.

11.

No refund will be issued should the surveyor find out that property is unfinished and as such cannot carry out the inspection. The inspector will however endeavour to survey any and all available areas. We strongly advise that in order to prevent this, you make sure your property is fully finished, cleaned and in a ‘ready to move in’ state on the inspection day.

12.

Home condition reports (HCR) are carried out as advice only and no liability or responsibility will be held by PRK Surveying and Project Management in the event of further disrepair, partial and/or total loss to property either whole or complete following further structural and/or performance of building component failure. Where apparent concerns of further issue arise, the customer will be advised to seek further investigation and inspection. It is the responsibility of the customer to do so. And no liability or responsibility will be accepted by PRK Surveying and Project Management due to the failure of the customer to act on advice. HCR do not form nor assist in valuation or advise on value of property in question.

PROJECT MANAGEMENT

1.

PRK Surveying and Project Management shall perform the Agreed Works exercising all reasonable standards of skill and care as far a reasonably practicable.

2.

PRK Surveying and Project Management is not liable for the technical competency of any other service or product provider.

3.

PRK Surveying and Project Management does not provide design services and will not be held liable for any cost implications which may be the result of any design changes or amendments before or during the build phase or subsequent consequences after the build phase. The company may provide information to be incorporated into drawn design by others but is not responsible for the final drawn design based on this information.

4.

The Client accepts liability for any design that PRK Surveying and Project Management is specifically requested by the Client to carry out.

5.

Any layouts or sketches provided by PRK Surveying and Project Management are for information purposes only and will not be to scale. The purpose of issue and or presentation of these is for information purposes only an do not form any form or design, detail or construction document.

6.

It is the responsibility of the Client to ensure the accuracy of all building documentation provided to PRK Surveying and Project Management. PRK Surveying and Project Management does not accept liability for any inaccuracies contained within documents that have been approved by the client.

7.

PRK Surveying and Project Management anticipates that all measurements for structural and internal components of the build project will be undertaken by the providers of those products and services. PRK Surveying and Project Management accepts no liability for any consequences of inaccuracy of measurement by these providers. Nor will PRK Surveying and Project Management be responsible for carrying out any measurements for structural and internal components.

8.

PRK Surveying and Project Management accepts no liability for any extension to the build duration for whatever reason and/or liability for any costs which may be incurred as a result of time delay.

9.

PRK Surveying and Project Management shall have the right to make any changes to the Agreed Works which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Agreed Works. PRK Surveying and Project Management shall notify the client in any such event.

10

If PRK Surveying and Project Managements’ performance of any of its obligations under the agreement is prevented and/or delayed by any act or omission by the Client or the Clients’ project team or failure by the Client to perform any relevant obligation (Client Default) the following shall apply:


a) PRK Surveying and Project Management shall without limiting its other rights or remedies have the right to suspend performance of the Agreed Works until the Client rectifies the Client Default.
b) PRK Surveying and Project Management shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from PRK Surveying and Project Management failure or delay to perform any of its obligations for reasons set out in this clause 11; and.
c) The Client shall reimburse the PRK Surveying and Project Management on written demand for any costs or loses incurred or sustained by the Company arising directly or indirectly from the Client Default including the loss of such Charges as would have been due to PRK Surveying and Project Management for the Agreed Works if they are prevented from carrying out the Agreed Works or any part of them or as may arise from any delay caused to the carrying out of the Agreed Works.

11.

PRK Surveying and Project Management cannot guarantee a particular team member to carry out the Agreed Works. Whilst every effort is made to ensure continuity of staff on Agreed Works once instructed, changing workloads, holiday and sickness cover may necessitate other members of the team taking over some or all of the Agreed Works.

12.

Where PRK Surveying and Project Management refer/recommend third parties to carry out works and/or provide information. PRK Surveying and Project Management will not be liable and/or responsible for short comings in delivery and/or quality & performance of the third party. PRK Surveying and Project Management will have no contractual ties to any referred third parties. Third parties will be referred at full discretion and at no liability.

13.

A person who is not a party to the Contract shall have no rights to enforce its terms.

14.

PRK Surveying and Project Management may monitor and record communications with the Client (including video and phone conversations and emails) for quality assurance, legal, compliance and training purposes.

15.

PRK Surveying and Project Management may check Client details with fraud prevention agencies. If the Client has provided false or inaccurate personal data and/or information and the Company suspect fraud, the Company will record this and may provide this information to fraud prevention agencies and other relevant authorities including the police.

16.

PRK Surveying and Project Management shall not be liable to the Client for any loss, damage, costs, expenses or other claims arising from any documents or information or instructions supplied by the Client which are incomplete, incorrect, illegible, or arising from their late arrival or non-arrival or any other fault of the Client.

17.

PRK Surveying and Project Management shall under no circumstances whatever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract.

18.

If any disputes arise between the parties with respect to any matter then such a dispute shall at the instance of either party be referred to a person agreed between the parties, and, in default of agreement within twenty-one days of notice from either party to the other calling upon the other so to agree. Such person shall be appointed to act as an expert and not as an arbitrator and the decision of such person shall be final and binding. The costs of such expert shall be borne equally by the parties unless such expert shall decide one party has acted unreasonably in which case he shall have discretion as to costs.

OBLIGATIONS OF THE CLIENT

1.

Ensure that the terms of the appointment are complete, accurate and signed by all parties prior to commencement of the agreed works.

2.

The Client shall provide PRK Surveying and Project Management with any relevant and necessary information which is in its possession or control in such reasonable time so as not to delay or disrupt the performance by PRK Surveying and Project Management for the agreed Works.

3.

The Client shall give any decisions approvals, consents or instructions required within a reasonable time necessary for PRK Surveying and Project Management to carry out the Agreed Works.

4.

To co-operate with PRK Surveying and Project Management in all matters relating to the Agreed Works.

5.

Obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Agreed Works are to start. Any delay resulting in failure by the client to appoint and engage such requirements will be subject to charges and losses.

6.

The Client will inform PRK Surveying and Project Management in writing of all special site and/or plant conditions including without prejudice to the generality of the foregoing the existence of any underground cables, pipes, drains or underground buildings or constructions and shall also inform the Company of any relevant site operating procedures and site safe operating procedures and any other regulations relevant to the carrying out of the Agreed Works the notification of such matters to be acknowledged in writing by the Company if they are to be binding upon them.

7.

The Client shall provide free of charge such information and drawings as are available to the Client as may reasonably be required by PRK Surveying and Project Management for the performance of the Agreed Works.

8.

The client shall not share, publish or disclose in any format on any online or digital platform or in social media or any other forum any or any part of recordings or transcripts of online meetings and the client agrees they remain Confidential Information and PRK Surveying and Project Management holds copyright. Images, updates and mention of PRK Surveying and Project Management must be with prior agreement.

9.

PRK Surveying and Project Management is carrying out the Agreed Works solely for the benefit of the Client and the Client shall indemnify the PRK Surveying and Project Management against any claims from any third parties in respect of the Agreed Works and any Additional Works unless PRK Surveying and Project Management has, without being requested by the Client to do so, provided advice or information direct to such parties or has in writing permitted disclosure of such advice or information to such persons.

10

The Client shall pay the Charges shown in the appointment.

11.

The Client cannot sell or transfer support which has been purchased in the Client’s name to any other person without the express permission of the Company.

PAYMENT & CANCELLATION

1.

The Client shall have 14 days from date and time of the Company acknowledging the Contract (the Cancellation Period) to cancel the contract. If the Client uses any of the Agreed Works during the Cancellation Period the Company shall be entitled to payment for those Agreed Works and the Company shall reimburse to the Client the balance of any Charges. This will however be subject to a minimum £100 admin fee.

2.

The Client may re-schedule or cancel a Support Session subject to giving the Company 72 hours notice by email. If the required notice is not given the Company will charge the Client the full charge for the Support Session.

3.

Either party may terminate the Contract by giving the other party not less than 14 days written notice by email. The Company shall be entitled to payment for any Agreed Works provided prior to the giving of notice to terminate and during the notice period and the Company shall reimburse to the Client the balance of any Charges paid. This will however be subject to a minimum £100 admin fee.

4.

Fees for works will be based on either a % of the build cost for full service. Or at a standard hourly and/or day rate as set out within the appointment agreement.

5.

Flat fee work will be subject to a 25% upfront payment at the time of contract signing which is non refundable. Remainder of the fee is to be paid at intervals as agreed within the appointment renumeration.

6.

Works on an hourly/daily rate will be pre agreed and billed accordingly. Invoices are to be paid within 7 days of issue. Failure to do so will incur additional charges and interest. Further failure will result in legal action being taken against the Client.

7.

The Client shall in full pay PRK Surveying & Project Management for services provided as the agreed appointment. Any works above and beyond the scope of appointment may be liable to additional fees.

8.

Payments are to be made as agreed and outlined into the respective bank account and via the nominated method of payment included but not limited to: BACS, third party account handler etc. Payment by cheque will not be accepted.

GOVERNING LAW

1.

This agreement shall be governed by and construed in accordance with the law of England and Wales and the parties hereto irrevocably and unconditionally submit to the exclusive jurisdiction of the English Courts.

THE CONTRACT

1.

The Order and/or appointment constitutes an offer by the Client for purchase of the Agreed Works and/or services in accordance with these Terms and Conditions.

2.

The Order shall be deemed to be accepted when the Company acknowledges the Order by email at which point and on which date and time the Contract shall come into existence (Commencement Date and Time).

3.

These Terms and Conditions shall apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Any other additional terms must be agreed by all parties prior to enforcement.