Application and Entire Agreement

1. These Standard Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by AJ Murphy Surveyors Ltd, a company registered in England and Wales under number 09167781 whose registered office is 20A Maxted Road, London,SE15 4LF (we or us or Service Provider) to the person buying the services (you or Customer or Employer).

2.You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.

3.You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Identities of Contracting Parties

4. You are entering into a contract with AJ Murphy Surveyors Ltd.  Apart from the liability of AJ Murphy Surveyors Ltd as a firm, no personal responsibility is accepted by any of the Shareholders, Directors or Employees of the firm and no personal duty of care or other personal contractual obligation is accepted.

Interpretation

5. A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.

6. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.

7. Words imparting the singular number shall include the plural and vice-versa.

Services

8. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation passing between AJ Murphy Surveyors Ltd and the Employer, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or health and safety requirement, and we will notify you if this is necessary.

9. We will use our reasonable endeavour’s to complete the performance of the Services within the time agreed or as set out in the quotation; however, any such dates shall be estimates only and time shall not be of the essence in the performance of our obligations.

10. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.

11. AJ Murphy Surveyors Ltd are registered with the Royal Institution of Chartered Surveyors (‘RICS’) and are Regulated by RICS. AJ Murphy Surveyors Ltd undertake to comply with the RICS Rules for Firms and Rules for Members.

Your Obligations

12. You must obtain any permissions, consents, licences or otherwise that we need and must give us access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.

13. If you do not comply with clause 10, we can terminate the Services.

14. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your Obligations).

Fees

15. The fees (Fees) for the Services are set out in the quotation and are on a fixed fee, time and materials basis. The fees payable to AJ Murphy Surveyors Ltd shall be the amount stated in correspondence between AJ Murphy Surveyors Ltd and the Employer.

16. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.

17. Fees are inclusive of reasonable levels of postage but AJ Murphy Surveyors Ltd reserve the right to charge for additional costs for special delivery, courier or similar at the cost to us.

18. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 15 also apply to these additional services.

19. The Employer undertakes to make direct payment to the respective authorities for the total cost of all application fees (‘application fees’) for statutory matters including but not limited to planning and building regulations. AJ Murphy Surveyors Ltd will only make payment for application fees on the Employers behalf where we are in receipt of cleared funds to the required level, prior to us making the application.

20. All fees quoted or otherwise payable are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority, and which will be added in accordance with current legislation. The current VAT position of AJ Murphy Surveyors Ltd can be confirmed by contacting the company.

21. Payments may be made where a third party referral agreement is in place.

22. Where fees are taken in advance these do not constitute client money and therefore such a payment is not subject to the rules of the RICS Client Money Protection Scheme.

Cancellation and Amendment

23. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 30 days from the date of the quotation, (unless the quotation has been withdrawn).

24. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.

25. If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.

26.       If, due to circumstances beyond our control, including those set out in the clause below (Circumstances Beyond a Party's Control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.

27. If the Employer sells, suspends or abandons the project to which the services for our commission relate after engaging AJ Murphy Surveyors Ltd, then AJ Murphy Surveyors Ltd’s appointment may be suspended or terminated on the expiry of not less than 14 days written notice. Upon suspension or termination, AJ Murphy Surveyors Ltd will be entitled to a payment in respect of the services that have been rendered up to the time that the said notice expires on a pro rata or quantum meruit basis at AJ Murphy Surveyors Ltd’s option. In addition to the above, AJ Murphy Surveyors Ltd will be entitled to be reimbursed for all expenses and disbursements incurred or to be incurred or obligations entered into or to be entered into in connection with the performance of the services and to a further payment representing loss of profit to AJ Murphy Surveyors Ltd on the balance of the services due to have been performed under the contract.

28. AJ Murphy Surveyors Ltd be entitled to terminate its obligations to perform the services by giving written notice to the Employer should the Employer default in its obligations. If the appointment of AJ Murphy Surveyors Ltd is terminated pursuant to this condition AJ Murphy Surveyors Ltd shall be entitled to a payment from the Employer calculated on the basis set out in the paragraph above. Termination shall be without prejudice to any other rights and remedies of the parties.

Payment

29. We will invoice you for payment of the Fees either:

a. when we have completed the Services; or

b. on the invoice dates set out in the quotation.

30. You must pay the Fees due within 14 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.

31. Time for payment shall be of the essence of the Contract.

32. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 8% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full. If you are a business then interest and penalties will be applied as per the Late Payment of Commercial Debts (Interest) Act 1998 and subsequent regulations.

33. All payments due under these Terms and Conditions must be made in full without deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

34. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.

35. Receipts for payment will be issued by us only at your request.

36. All payments must be made in British Pounds unless otherwise agreed in writing between us.

37. When settling our fee account, payments should be sent to our office account:

a. PAYMENTS BY BACS

Bank:            Details available upon request

Sort Code:     Details available upon request

Account:       Details available upon request

Please use the invoice number as the payment reference on any BACS payments made.

b. PAYMENTS BY CHEQUE

Made payable to Mr AJ Murphy c/o AJ Murphy Surveyor Ltd.

Please forward any cheques to 20A Maxted Road, London, SE15 4LF.

Please write the invoice number on the reverse of all cheques.

Sub-Contracting and Assignment

38. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.

39. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.

Complaints Handling

40. AJ Murphy Surveyors Ltd are regulated by the Royal Institution of Chartered Surveyors (RICS) and operate a complaints handling procedure as required by the RICS Rules of Conduct for Firms. Any concerns about your instruction, or if you are dissatisfied about the level of service rendered should be reported in accordance with this procedure which is available upon request. See separate link on website.

Termination

41.  We can terminate the provision of the Services immediately if you:

a. commit a material breach of your obligations under these Terms and Conditions; or

b. fail to make pay any amount due under the Contract on the due date for payment; or

c. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or

d. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or

e. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.

Intellectual Property

42. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

43. The Employer shall have a royalty free non exclusive licence to use any documents for the purpose for which they were prepared providing all fees properly due have been paid.

Liability and Indemnity

44. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort (including negligence), and in contract, and in misrepresentation or otherwise, shall be limited as set out in this section.

45. The total amount of our liability is limited to the total amount of our Fees payable by you under the Contract.

46. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:

a. any indirect, special or consequential loss, damage, costs, or expenses or;

b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or

c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or

d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or

e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.

47. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.

48. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession), or for any other matters for which it would be unlawful to exclude or limit liability.

49. Unless otherwise agreed in writing the period of liability for AJ Murphy Surveyors Ltd shall be limited to three years from practical completion or completion of the project.

Circumstances Beyond a Party's Control

50. Neither of us is liable for any failure, delay or restriction in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, viruses, toxic mould, asbestos or materials containing asbestos, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.

Collateral Warranty

51. Where we are asked to enter into collateral warranty agreements benefiting one third party, not a party to the contract to which this document refers, we will do so, subject to our insurers approval. Our agreement to accept a collateral warranty will be subject to negotiation of the terms and to payment of our additional fee to cover our additional costs and expenses. The additional fee is to be agreed based upon the specific detail of each collateral warranty arrangement.

Data Protection

52. When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.

53. The parties agree that where such processing of personal data takes place, the Customer shall be the 'data controller' and the Service Provider shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.

54. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.

55. The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.

56. The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict 'need-to-know' basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.

57. The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.

58. Further information about the Service Provider's approach to data protection are specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can contact Director at the following e-mail address: andy@ajmurphy-surveyors.london.

Marketing

59. We may contact you in the future in relation to the service, which we offer. Unless we hear from you to the contrary, we will assume that you have no objection to this.

60. Unless we hear from you to the contrary, acceptance of our quotation includes your consent for AJ Murphy Surveyors Ltd to utilise any material collated with the scope of our instruction (including but not limited to photographs) to be used in its marketing activities, both printed and electronic (including social media). Where at all possible, such material will be presented with anonymity to the Employer, but the ability to offer this anonymity will be subject to the content of the individual material. We will assume that you have no objection to this.

Communications

61. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

62. Notices shall be deemed to have been duly given:

a. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;

b. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;

c. on the fifth business day following mailing, if mailed by national ordinary mail; or on the tenth business day following mailing, if mailed by airmail.

63. All notices under these Terms and Conditions must be addressed to the address stated in clause 65.

No Waiver

64. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

Severance

65. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and Jurisdiction

66. This Agreement between the Employer and AJ Murphy Surveyors Ltd shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

67. AJ Murphy Surveyors Ltd registered in England and Wales, company number 09167781. Registered office: 20A Maxted Road, London, SE15 4LF which is the address for delivery of all notices.

Royal Institution of Chartered Surveyors (RICS)

68. AJ Murphy Surveyors Ltd is regulated by RICS for the provision of surveying services (Firm registration number). This means we agree to uphold the RICS Rules of Conduct for Firms and all other applicable mandatory professional practice requirements of RICS, which can be found at www.rics.org. As an RICS regulated firm we have committed to cooperating with RICS in ensuring compliance with its standards. The firm’s nominated RICS Responsible Person is Mr AJ Murphy BSc(Hons) MRICS, Director of AJ Murphy Surveyors Ltd, who can be contacted on the details at the head of these Terms and Conditions of Engagement.

69. As an RICS regulated firm our files may be subject to monitoring and will need to be provided to RICS upon request.

Terms and Conditions of Engagement that applies to Survey commissions

When these terms apply

1.These specific terms of business (‘the Specific Terms’) apply where AJ Murphy Surveyors Ltd (‘the Company’) provide a service to a client that relates to the specific and type of survey in question.

The specific terms are supplemental and included as a separate set of terms of engagement to the Standard Terms and Conditions.

Scope of Service

2. The scope of service is as set out in the quotation correspondence issued by AJ Murphy Surveyors Ltd, this unless specifically defined otherwise in the quotation correspondence, the scope of service provided will mean an inspection and assessment of the construction and condition of a building in accordance with the option defined in clause 8, and the report will be a general overview prepared in the context of the clients current or proposed legal interest in the building, and its existing use and condition at the time of inspection.

The specific terms are supplemental and included as a separate set of terms of engagement to the Standard Terms and Conditions.

Complaints Handling Procedure

3. The Surveyor will operate a complaints procedure and will supply a copy, upon request.

A copy of our standard terms and conditions of engagement is available in other formats by contacting the company via the details on their web page below :

web page : www.ajmurphy-surveyors.london