1 General
These are the Terms and Condition of Business for services provided
between Full Circle London as an independent inventory company and
an Instructing Principal or Client. The commissioning of Services
by an Instructing Principal on behalf of their Client or the Clients
legal representative shall be deemed an agreement to these terms and
conditions.
2 Provision of Services
2.1 If the Client appoints an Instructing Principal
as their representative for services carried out by Full Circle London,
it is the responsibility of the Instructing Principal and not that
of Full Circle London to make the Client is aware of our Terms &
Conditions.
2.2 Full Circle London do not recognise a plea of
ignorance by either the Instructing Principal or that of the Client.
2.3 Please note Services cannot be exchanged and
pricing options are only applicable in whole.
3 Fees
3.1 An Instructing Principal shall pay all fees due
as the result of Services provided within the due date stated on the
presented invoice.
3.2 If the Client is not represented by an Instructing
Principal the Client will pay all fees due prior to the date and time
of the Services.
3.3 It is the responsibility of the Instructing Principal
commissioning Services to pay all fees for Services rendered to or
on behalf of the Client in accordance with the scale of fees.
3.4 Full Circle London reserves the right to apply
interest charge for late payments for any fees more than 14 working
days overdue from the date of invoice at the rate of 3% net added
monthly. Interest will be applied both prior to and subsequent to
any Court Judgement.
3.5 If in the event Services are commissioned and
cannot be delivered, whether or not due to circumstances beyond the
Instructing Principal or Client control and sufficient notice has
not been made to Full Circle London, of which ‘sufficient’
in this case constitutes 24 (twenty-four) hours, an abortive fee will
be charged. The abortive fee will be 40% of the invoice total or £59.50
whichever is greater.
3.6 If an Instructing Principal or the Client fails
to turn up at a pre-agreed time to attend a check-in or check-out
appointment, a period of 25 minutes clemency will be permitted, after
which the check-in or check-out will be completed and forwarded to
the Instructing Principal or the Client to sign; Assuming that the
Instructing Principal or the Client do not turn up before the completion
of the check-in or check-out.
3.7 Any discrepancies from the Instructing Principal
or the Client, resulting in the check-in or check-out needing to be
carried out again, will be treated as a completely separate service
from the prior check-in or check-out and a new appointment will need
to be made at full cost.
3.8 Properties that are furnished over and above
the industry standard, of which ‘industry standard’ is
the opinion of Full Circle London, will be charged an additional 30%
on the current scale off fees.
3.9 Any reports generated from Services delivered
via any medium remain the sole property of Full Circle London until
all fees are paid in full.
4 Disputes
4.1 Full Circle London reserves the right not to
attend Court for any disputes arising out of a dilapidation assessment
between Clients if the Company’s representative did not attend
a check-in appointment or sign on behalf of the Client. It has to
be accepted that any time lapse between the completions of the inventory
report and the check-in date cannot be independently verified by Full
Circle London. It has to be acknowledged that some alterations (any
amount of damage, items removed or added) to the property may occur
within this period.
4.2 Full Circle London will, providing the original
inventory for Services was provided and that this inventory report
is signed by a Full Circle London representative on behalf of the
Client, go to court to argue any dilapidation assessments on termination
of the tenancy, between Clients. A fee will be chargeable.
4.3 In the event of a dispute between Clients and
all fees have not been paid in full any reports delivered from Services
remain the sole property of Full Circle London and therefore cannot
legally be used without written permission in any Court of Law.
5 Complaints
Any circumstances allegedly giving cause for complaint about Services
provided or an invoice, must be notified by the Client or Instructing
Principal on behalf of the Client within 3 (three) working days of
the Services being completed or receipt of invoice and confirmed in
writing no later than 7 (seven) working days as the cause of the alleged
complaint arises. The complaint will be investigated and action taken
as necessary.
6 Services
6.1 The Report prepared by Full Circle London is
intended as an independent and informative guide to the Client about
the condition of any fixtures, fittings, contents, furniture and décor.
The Report enables items to be visually identified, where possible
items will be identified by their original manufacturer, however no
attempt will be made to ascertain what period an item was produced.
The inventory clerk preparing the Report and /or check-in/out report
is not an expert on fabrics, materials, antiques, etc., nor do they
allege to be a qualified surveyor. The inventory report should under
no circumstances be used as a structural survey report.
6.2 Inventory clerks will not undertake to move heavy
and/or awkward items of furniture.
6.3 Inaccessible areas and loft spaces will not be
searched or listed on the Report.
6.4 Full Circle London does not accept any responsibility
for any error or omission of data within a Report.
6.5 Unless otherwise stated, it is accepted that
a listed item is in good condition and free from any defects, soiling
or malfunction, which may constitute a dilapidation assessment on
termination of tenancy.
6.6 It is important to note that any contents must
be situated in their respective rooms as specified in the Report upon
termination of the tenancy. Failure to do so can result in delay,
this delay may encompass a search and match fee. The search and match
fee will be additional to current scale of fees.
6.7 All measurements given are approximate.
6.8 Any plants, cleaning materials, light bulbs are
considered perishable items and will not be listed on the Report.
6.9 All colours within the Report are to mean description
of colour only and not that of any metals.
6.10 Full Circle London has the right to amend any
part of the Service or pricing at their discretion in line with future
market changes or updated legislation or deemed to be relevant by
Full Circle London. In the event of any price changes, existing customers
will be notified either in writing or verbally, of said changes before
any additional services is booked.
6.11 The Report relates only to furniture, furnishings
and all of the landlords’ equipment and contents in the property.
It is no guarantee of, or report on, the adequacy of, or safety of
any such equipment or contents, merely a documented record that such
items exist within the property, at the date of the inventory and
the superficial condition of the same.
6.12 All electrical items are considered complete
with plugs, bulbs, flexes etc, unless otherwise specified. When practical
to do so appliances will be tested for power only.
6.13 Meter readings will be read and noted at the
check-in and check-out appointment only. It is the Clients’
responsibility to state the locations of any such meters. If unaware
of, unable to locate or has unreasonable access to meters, the meters
will remain unread, Full Circle London will not revisit a property
at a later stage on behalf of the Client or Instructing Principal
to read a meter.
6.14 The Instructing Principal and/or Client is responsible
for the security, heating, plumbing and meter usage of the property
both pre and post Service.
7 Keys
Full Circle London cannot accept responsibility for any lost or unaccounted
keys.
8 Dilapidations
On termination of the tenancy the Report is rechecked, any discrepancies
and/or variations will be reported to the Instructing Principal or
Client. The check-out report will indicate, in Full Circle London opinion,
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 assessed on the length of the tenancy and the type of occupancy,
noting that certain items receive higher usage, we acknowledge that
the contractual terms listed in the tenancy agreement may overrule
the opinion of the assessor.
9 Regulations
9.1 All regulations published by the Department of
Trade and Industry / Trading Standards and/or similar bodies are the
ultimate responsibility of the Instructing Principal or the Landlord.
9.2 The Gas Safety (Installation and Use) Regulations
1994, amended by Statutory 1996, and The Regulations Re-enact 1998,
where the Report notes that the certificate has been seen, this should
not be interpreted to mean any records can be authenticated by Full
Circle London. It is not a statement that the item can be considered
to comply with the required regulations, merely a documented note
that the certificate existed on date of the inventory make.
9.3 The Electrical Equipment Safety Regulations 1994
and The Plugs & Sockets etc Safety Regulations 1994, where the
Report notes that the certificate has been seen, this should not be
interpreted to mean any records can be authenticated by Full Circle
London. It is not a statement that the item can be considered to comply
with the required regulations, merely a documented note that the certificate
existed on date of the inventory make.
9.4 Where the Report notes ‘FFR label seen’,
this should not be interpreted to mean that the item complies with
the Furniture & Furnishings (Fire, Safety and Amendments) 1993.
It is a record that the item had a label as described or similar to
that detailed in Guides published by said bodies at the time of the
inventory make. It is not a statement that the item can be considered
to comply with the regulations.
10 Commission
It is possible that in the normal course of business, like others,
Full Circle London will be offered commissions by third parties to
whom we might introduce business, for example insurance brokers or
tradesman. We wish to make it clear that we do not solicit such commissions
and we select such third parties on what we know of their competence
and/or availability and not because of their willingness to offer
inducements. If, however, they do offer Full Circle London a commission
or other form of remuneration and we are satisfied that the service
they is as good or equals value for money with whom they compete,
and that our Clients interests are therefore not adversely affected,
then we may accept such commissions for our own benefit and not account
for them to our Clients or Instructing Principal.
11 Exclusions of Liability and Indemnity
In the event that the Instructing Principal or Client give Full Circle London
instructions which are followed in good faith and which turn out to
be unlawful or to result in an unlawful act or otherwise give rise
to any kind of claim you will provide Full Circle London with full
indemnity for all penalties, damages, costs and legal expenses whatsoever
which may occur as the result of following the instructions.
12 Law and Jurisdiction
12.1 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.
12.2 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.
13 Contract
No variation to these terms will be effective unless agreed in writing
by an authorised signature of Full Circle London.
14 Modifications of Prices
Full Circle London reserves the right to change prices to anything
retailed on this site at any time, and such modifications shall be
effective immediately upon posting of such changes. You are therefore
responsible for regularly reviewing the pricing posted on this website.
Your continued access of this website shall be deemed your conclusive
acceptance of the modified agreement
15 Modifications of these Conditions of Use
Full Circle London 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. You are therefore responsible
for regularly reviewing these Terms and Conditions and additional
terms or notices posted on this website. Your continued access of
this website shall be deemed your conclusive acceptance of the modified
agreement
16 Disclaimer of Warranty/Limitation of Liability
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY FULL CIRCLE LONDON,
ON AN "AS IS" AND "AS AVAILABLE" BASIS. FULL CIRCLE LONDON, MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE
OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS
WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR
SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FULL CIRCLE LONDON,
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. FULL CIRCLE LONDON DOES NOT WARRANT THAT THIS WEBSITE, ITS
SERVERS, OR E-MAIL SENT FROM FULL CIRCLE LONDON ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. FULL CIRCLE LONDON STUDIOS WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND CONSEQUENTIAL DAMAGES.
FULL CIRCLE LONDON USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND
UP-TO-DATE INFORMATION ON THIS WEBSITE. FULL CIRCLE LONDON ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS
OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT
IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION,
FULL CIRCLE LONDON SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS
PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BY
FULL CIRCLE LONDON IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN
IT TO FULL CIRCLE LONDON FOR A REFUND. ALL POSTAGE REQUIRED TO RETURN
A PRODUCT WILL BE AT THE BUYER'S EXPENSE.