Last Amended: April 27, 2023

1. Definitions

For the purposes of these terms and conditions, the following

“Cancellation Fee” means an amount equivalent to 50% of the Fee and the Deposit.
“Contract” means the agreement between DRM Inspections and the Customer for the provision of Services in compliance with these conditions.
“Customer” refers to any individual, company, partnership, or organisation that places a Booking, either for themselves as the intended recipient of the report or acting as an agent.
“Deposit” refers to a sum of £50.00.
“Fee” means the amount specified in the Booking, minus the Deposit.
“Inspection Date” refers to the preferred date specified by the Customer in the Booking or as varied under these terms.
“Key Collection Point” refers to the location where DRM Inspections is required to collect the keys to the Property.
“Booking” means the description of the Services that DRM Inspections provides to the Customer.
“Payment Date” refers to the date specified in the Booking (within 48 hours of inspection completion).
“Property” means the address/building given to us by the Customer in the Booking.
“Report” means the report prepared by DRM Inspections with regard to the Property within 48 hours.
“Services” refers to the services that DRM Inspections provides to the Customer, including the Report, as outlined in the Booking. “We,” “us,” and “the Company” all refer to DRM Inspections.

1.2  A reference to a statute statutory provision is a reference to as amended or re-enacted
1.3  A reference to writing or written includes email

2. Agreement

2.1.  DRM Inspections undertakes to provide the Report to the Customer in accordance with these terms; and
2.2.  The Customer acknowledges their acceptance of these terms when making a Booking.

3.  Customer obligations

3.1  The customer:-

(a) Affirms that all the information they have provided to us during the booking process is true, precise, and complete.
(b) The customer will grant us, as well as our employees, subcontractors, or agents, access to the property on the date specified for inspection.
c) Is required to give us accurate details concerning the property during the booking process, and will be responsible for paying the appropriate fee based on the property’s size if it is different to what is provided when the inspection is booked.
(d) must co-operate with us on all aspects relating to any of our services provided.

3.2 If we are prevented or delayed from performing our obligations by an act or omission by the Customer or failure by the Customer to perform the Customer’s obligations contained in clause 3.1:

(a) We have the right to suspend performance of the Services until such default has been rectified,
(b) We shall not be liable for any costs or losses sustained by the Customer as a result of a breach of the Customer’s obligations
(c) The Customer shall reimburse us on demand for any costs or losses reasonably sustained or incurred by us arising directly or indirectly from a breach of the Customer’s obligations.

3.3 The pricing structure is based on the location of the property and the number of bedrooms it contains, as an indication of the property’s overall size. Any habitable partitioned rooms located above the ground floor, regardless of their size or name (e.g. “office/study room, etc.”), are to be classified as bedrooms, except for a single living area on the first floor. Bathrooms/en-suites are not considered habitable rooms and are therefore exempt from this clause. The customer acknowledges and agrees, as per clause 5.11, that we may modify the booking if the information provided is inaccurate, unless we have agreed otherwise in writing.

4. Report

We will produce the report with reasonable care and skill. The report is provided to the customer with the understanding that they acknowledge and agree to the following:
4.1 The information contained in the report is based on the data available to us on the date it was produced. We are unable to report on any additional issues that may arise after the inspection date.
4.2 The information in the report may change over time, and we cannot be held responsible to the customer for any inaccuracies or omissions, or change in information that may arise after the report’s production date.
4.3 The report is produced solely on the property provided during the booking process.
4.4 The customer agrees to maintain the confidentiality of the report and will only disclose its contents to their professional advisors and developers.
4.5 We aim to arrive at the property to start any of our services between 8:00 am and 10:00 am on the inspection date, unless we notify the customer otherwise.
4.6 Please note that we are not Gas Safe nor Part P compliant. While we perform basic checks on the heating system and electrical sockets, our services do not replace those of a certified engineer. The customer acknowledges that we cannot be held accountable for the kind of checks that an authorised engineer would conduct.
4.7 The customer acknowledges that our services do not constitute a structural survey, and we cannot be held responsible for any inaccuracies or omissions that may arise as a result.
4.8 The customer agrees that any images or videos taken during the inspection may be used by the company for marketing, sales, and social media purposes.
4.9 The customer agrees that if, on the day of the inspection, it is determined that it is unsafe or unlawful to operate drone/roof technology, this decision will be final. In such cases, the inspector may use alternative Ariel view equipment as necessary. This will not affect the quality or completeness of the roof inspection. If the additional cost of a drone/roof inspection was included in the original quotation but cannot be carried out due to circumstances beyond our control, we will refund this cost to the customer in full within 5 working days. However, we will not deploy staff on an additional day to complete this service.

5. Price and payment

5.1 VAT is included in the price, unless otherwise specified.
5.2 Unless the Customer has an agreed credit account with us for payment of the Services, we must receive payment of the Deposit when the Booking is made.
5.3 The Customer shall pay the Fee and disbursements, detailed in this clause 5, agreed by us and the Customer by the Payment Date.
5.4 Where the Customer authorises us to take a payment automatically for the Deposit and the Fee:

(a) the Deposit shall be taken on the date the Booking is made; and
(b) the Fee shall be taken no later than 2 days prior to the date the inspection will be done.

5.5 In case the Customer doesn’t authorise us to take automatic payment according to clause 5.4, payment for the service should be made by bank transfer into our nominated bank account no later than 48 hours before the inspection date.
5.6 We will not release the Report until we have received full and cleared payment.
5.7. If the Customer’s payment method is unsuccessful, an administration fee of £10.00 will be charged. The fee must be paid within 14 days of receiving notice from us.
5.8. If the Customer fails to pay the full amount due by the Payment Date, they will be charged interest on the outstanding amount. The interest will accrue daily at a rate of 5%.
5.9. In the event that the property is found to be larger than what was originally stated in the booking, the Customer agrees that we may adjust the invoice accordingly.

6. Deposit

6.1. The Customer must pay the Deposit to us on the day of the Booking. After booking, the Customer has 24 hours to review these Terms and Conditions. If the Customer decides to cancel within this 24-hour period, they must notify us of their intention by email, clearly stating their request. In such cases, the Deposit will be fully refunded. However, after this initial 24-hour period, the Deposit becomes non-refundable.
6.2. In the event that we are unable to gain access to the property on the Inspection Date, or if entry is refused, or if the property is not in a suitable state for inspection (deemed too early to the extent that we cannot fulfil our role properly), or if we are otherwise asked to leave the premises:

(a) If we have spent less than three hours at the Property, 50% of the Fee shall remain payable;
(b) If we have spent three hours or more at the Property but are unable to complete a full inspection, 75% of the Fee shall remain payable.

7. Inspection date

7.1 Upon payment of the Deposit we will reserve the Inspection Date
7.2 Where the Customer wishes to change the Inspection Date and gives us less than 2 working days’ notice prior to the Inspection Date the Customer must pay an additional Deposit and 50% of the invoice before a new Inspection Date is secured.
7.3. If the Customer wishes to cancel their Inspection Date and provides less than 2 days’ notice prior to the scheduled date, they must pay 50% of the remaining invoice.
7.4. If the Customer cancels the Inspection Date within 5 working days prior to the inspection, they will forfeit the Deposit and must pay a Cancellation Fee. Please note that Clause 6.1 supersedes this clause.

8. Third party rights

8.1 Unless it expressly states otherwise, this contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract.
8.2 The rights of the parties to rescind or vary the contract are not subject to the consent of any other person.

9. Severance

If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part- provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

Data protection

10.1 The Company shall process any personal data (defined in the Data Protection Act 1998) only in accordance with the Customer’s instructions from time to time and shall not process the personal data for any purposes other than those expressly authorised by the Customer.
10.2 Each party warrants to the other that it will process the personal data in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments.
10.3 The Company warrants that it will take reasonable measures against the unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data to ensure a level of security appropriate to the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage.
10.4 The Company may authorise a third party to process the personal data provided that the third party’s contract is on substantially similar terms as those set out in the Contract and it terminates automatically on termination of the Contract for any reason.
10.5 The Customer and Company acknowledge that for the purposes of the Data Protection Act 1998, the Customer is the data controller, and the Company is the data processor in respect of any personal data.f any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

11. Limit liability

11.1 Nothing in these conditions shall limit or exclude our liability for:

(a) Death or personal injury cause by its negligence or the negligence of employees, agents or subcontractors.
(b) Fraud or fraudulent misrepresentation:
(c) Breach of the terms implied by section 12 of the Sale of Goods Act 1979;
(d) Any matter in respect of which it would be unlawful for us to exclude or restrict liability.

11.2 Subject to clause 11.1 we shall under no circumstances whatsoever be liable to the Customer 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 this contract.

12. Complaints

If the Customer has a query or complaint about the Report they should raise it in writing to us, DRM Inspections, 3, Weaver Green, Melton Mowbray, Leicestershire LE13 0UH and if appropriate ask for any complaint to be considered under our formal internal complaints procedure.

Termination

13.1 Without affecting any other right or remedy available to it either party may terminate the Contract by giving the other party written notice to the other party if:

(a) the other party commits a material breach of any term of the contract and fails to remedy that breach within 7 days of that party being notified in writing to do so;
(b) The other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors, being wound up, having a receiver appointed to any of its assets or ceasing to carry on business.

13.2 Without affecting any other right or remedy we may terminate or suspend the supply of the Services under the Contract with immediate effect giving written notice to the Customer if the Customer fails to pay any amount due under the contract on the Payment Date.
13.3 On termination of the Contract the Customer shall immediately pay to us all outstanding sums due.
13.4 Termination of the Contract shall not affect any rights, remedies, obligation or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the contract which existed at or before the date of the termination.
13.5 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after terminate of the contract shall remain in full force and effect.

14. Governing law

The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.

15. Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual dispute or claims) arising out of or in connection with the contract or its subject matter or formation.