These are the Terms and Condition of Business for services provided between Excalibur Inventories 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 Excalibur Inventories, it is the responsibility of the Instructing Principal and not that of Excalibur Inventories to make the Client aware of our Terms & Conditions.
2.2 Excalibur Inventories 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.
3.1 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 Excalibur Inventories 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 5% 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 Excalibur Inventories, of which ‘sufficient’ in this case constitutes 24 (twenty-four) hours, an abortive fee will be charged. The abortive fee will be 50% of the invoice total.
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 Any reports generated from Services delivered via any medium remain the sole property of Excalibur Inventories until all fees are paid in full.
3.9 If a booking is cancelled within 24 hours of the agreed time of appointment a £30 cancellation charge will apply.
4.1 Excalibur Inventories 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 Excalibur 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.
4.2 Excalibur Inventories will, providing the original inventory for Services was provided and that this inventory report is signed by a Excalibur
Inventories 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
Excalibur Inventories and therefore cannot legally be used without written permission in any Court of Law.
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.
6.1 The Report prepared by Excalibur Inventories 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 Excalibur Inventories 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 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 Excalibur Inventories. 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, Excalibur Inventories 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.
Excalibur Inventories cannot accept responsibility for any lost or unaccounted keys.
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 Excalibur Inventories 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.
9.1 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 Excalibur Inventories. 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 Excalibur Inventories. 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 Exclusions of Liability and Indemnity.
In the event that the Instructing Principal or Client give Excalibur Inventories 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 Excalibur Inventories with full indemnity for all penalties, damages, costs and legal expenses whatsoever which may occur as the result of following the instructions.
11 Law and Jurisdiction
11.1 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.
11.2 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.
No variation to these terms will be effective unless agreed in writing by an authorized signature of Excalibur Inventories.
13 Modifications of these Conditions
Excalibur 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. 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.
14 Disclaimer of Warranty/Limitation of Liability
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY EXCALIBUR INVENTORIES ON AN “AS IS” AND “AS AVAILABLE” BASIS.
EXCALIBUR INVENTORIES, 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, EXCALIBUR INVENTORIES, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
EXCALIBUR INVENTORIES DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM EXCALIBUR INVENTORIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
EXCALIBUR INVENTORIES 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.
EXCALIBUR INVENTORIES USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO- DATE INFORMATION ON THIS WEBSITE.
EXCALIBUR INVENTORIES 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, EXCALIBUR INVENTORIES SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BY EXCALIBUR INVENTORIES IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO EXCALIBUR INVENTORIES FOR A REFUND. ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL BE AT THE BUYER’S EXPENSE.