1    THESE TERMS
1.1    What these terms cover. These are the terms and conditions on which we will undertake a desktop rebuild cost assessment and produce a desktop rebuild cost assessment report in respect of your commercial property (Report) pursuant to which we estimate the rebuilding costs in the event of a total loss of your property based on the gross external area and typical rates per square metre for the building use and type/quality of construction of your property (excluding the contents of your property) (Service). A more detailed explanation of the Service is set out in paragraph 5 below.
1.2    The Report will be prepared in accordance with and subject to the instructions and Basis of Assessment provisions linked to our quotation and which will also be contained within the notes to the Report (Basis of Assessment).
1.3    Why you should read them. Please read these terms and the Basis of Assessment carefully before you submit your order to us. These terms tell you who we are, how we will provide the Service to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. The Basis of Assessment specifies what costs are included or excluded from the Report and sets out the assumptions and basis on which the Report will be prepared.

2    INFORMATION ABOUT US AND HOW TO CONTACT US
2.1    Who we are. We are Rebuild Cost Assessment Limited a company registered in England and Wales. Our company registration number is 09746801 and our registered office is at 43 Richmond Hill, Bournemouth, England, BH2 6LR. Our trading address is Floor 1, Mey House, Bridport Road, Poundbury, Dorchester, DT1 3QY. Our registered VAT number is 232242352.
2.2    How to contact us. You can contact us by telephoning or emailing our customer service team using the telephone number and/or email address shown on our website or by writing to us at our trading address specified in clause 2.1 above.
2.3    How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4    “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

​

3    OUR CONTRACT WITH YOU

3.1    How we will accept your order. If you wish to purchase Services please contact us to place your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2    We only sell to the UK, Channel Islands and Isle of Man. Our Service is only in respect of properties situated in the UK, the Channel Islands and the Isle of Man.
3.3    UK residents. The Service is only available to residents in the United Kingdom.
3.4    In submitting your order you confirm that you are either:
3.4.1    the owner of the property which is the subject of the Service; or
3.4.2    the lawful occupier of that property; or
3.4.3    proposing to purchase that property or a leasehold interest in that property.
3.5    You also confirm that:
3.5.1    you are requesting the Service for your own personal use and not for any business purpose;
3.5.2    that you are resident in the United Kingdom; 
3.5.3    that you have read and understood the Basis of Assessment; and 
3.5.4    you understand the Services are only available in respect of commercial properties with a rebuild value of £20,000,000 or less.

4    YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Service you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

5    PROVIDING THE SERVICE

5.1    When we will provide the Service. We will begin the Service on the date we accept your order. The estimated completion date for the Service is as told to you during the order process.
5.2    Order Information. You are responsible for ensuring that the information set out in your order is complete and accurate.  
5.3    What the Service involves. We may in our discretion send you a questionnaire specific to the type of property requesting certain information (Questionnaire). Upon receipt of the completed Questionnaire and all documentation requested within the Questionnaire, we will use that information (together with the Basis of Assessment) to undertake a desktop rebuild cost assessment of your property.
5.4    Quality Control Call: Once we have completed the assessment, we will arrange for one of our quality control assessors to telephone you to clarify any questions that the assessor may have and/or to check or verify any relevant information. 
5.5    No Questionnaire. In the event we determine we do not require a Questionnaire from you we shall proceed to undertake a desktop rebuild cost assessment of your property in accordance with the Basis of Assessment and the provisions of clause 5.3 shall apply accordingly. 
5.6    Failure to Provide Information. We may need certain information from you to enable us to supply the Service, for example, particular information relating to the property which is the subject of the Service including that requested in the Questionnaire. We will not be responsible for supplying the Service late or not supplying any part of it if this is caused by you failing to provide any information needed within a reasonable time of us requesting it. 
5.7    Accuracy of information provided by Intermediary. You will be asked to confirm that all information provided by you to us is complete and accurate to the best of your knowledge. In providing such information you acknowledge that we will rely on that information in order to provide the Services and we do not accept any liability for any deficiency in the Report in the event such information is not complete and accurate. 
5.8    Issue of Report. Upon issue of the Report, we will request that you review the Report and confirm your acceptance of it. Such acceptance will be your confirmation that the information contained in the Report (as provided by you via the Questionnaire (where applicable) and/or through discussion as referred to in clause 5.3) is correct.  We shall be entitled to assume that you have accepted the Report if you do not otherwise contact us within 10 business days of receipt to object to the content.
5.9    We are not responsible for delays outside our control. If our supply of the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any element of the Service you have paid for but not received.
5.10    Report Delivery. We shall deliver the Report to you by email or post, in either case to the email address or postal address notified by you to us in your order. We shall not be liable for the loss, misdirection or destruction of the Report after it has been either sent to the email address provided by you for that purpose or placed in the Royal Mail posting system to the postal address provided by you for that purpose.
5.11    Any dates quoted for delivery of the Report are approximate only, and the time of delivery is not of the essence.
5.12    Responsibility for, and ownership of, the Report shall pass to you on delivery. 
5.13    The intellectual property rights in the Service and in the Report shall at all times remain with us.
5.14    Each Report is supplied subject to the following provisos:
5.14.1    we gather information for the Report from a number of publicly and non-publicly available sources and use such information in order to produce the Report. Whilst we endeavour to ensure such information is as accurate as possible we cannot guarantee the accuracy of information supplied by a third party;
5.14.2    we rely on and use information provided by you including your response to the Questionnaire and verbal information from the quality control telephone call, in order to produce the Report which you confirm is complete and accurate; 
5.14.3    you acknowledge that you are ordering a Report for which information is gathered online and that the Service does not include a physical survey or inspection of your property and that neither us nor our employees, agents or sub-contractors will visit your property for the purposes of carrying out the Service;
5.14.4    the Report has been prepared in accordance with and subject to the Basis of Assessment; and
5.14.5    you acknowledge that a physical site survey or inspection of your property is likely to produce more accurate results than the results this Service is able to produce.
5.15    The Report is produced solely for the purpose of assisting you in calculating the correct level of insurance cover for your property and cannot be used by you, or any other person, for any other purpose (including use in respect of insurance claims and evidencing losses) without our prior written consent.

6    YOUR RIGHTS TO END THE CONTRACT

6.1    You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
6.1.1    If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Service re-performed or to get some or all of your money back), see clause 9; or
6.1.2    If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
6.1.3    If you have just changed your mind about the Service, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
6.2    Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clause 6.2.1 to 6.2.5 below, the contract will end immediately and we will refund you in full for any element of the Service which has not been provided and you may also be entitled to compensation. The reasons are:
6.2.1    we have told you about an upcoming change to the Service or these terms which you do not agree to;
6.2.2    we have told you about an error in the price or description of the Service you have ordered and you do not wish to proceed;
6.2.3    there is a risk that supply of the Service may be significantly delayed because of events outside our control;
6.2.4    we have suspended supply of the Service for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or
6.2.5    you have a legal right to end the contract because of something we have done wrong.
6.3    Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
6.4    When you don't have the right to change your mind. You do not have a right to change your mind in respect of the Service, once the Service has been completed, even if the cancellation period is still running.
6.5    How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order. However, once we have completed the Service you cannot change your mind, even if the period is still running. If you cancel after we have started the Service, you must pay us for the Service provided up until the time you tell us that you have changed your mind.

​

7    HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

7.1    Tell us you want to end the contract. To end the contract with us, please let us know by phone or email. Call or email customer services using the telephone number or email address shown on the website. Please provide your name, home address, details of the order and, where available, your phone number and email address.
7.2    How we will refund you. We will refund you the price you paid for the Service by the method you used for payment. However, we may make deductions from the price, as described below.
7.3    Deductions from refunds. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
7.4    When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

8    OUR RIGHTS TO END THE CONTRACT

8.1    We may end the contract if we are unable to fulfil the Service. We may end the contract for the Service at any time by writing to you if we consider we are not able to fulfil the Service. This may occur for example because we consider, acting reasonably, that your property is not suitable for a desktop rebuild cost assessment.
8.2    In the event that we terminate the contract in accordance with clause 8.1, we will contact you to confirm this and we will refund the price you paid. A refund of the price will take 3 to 5 days to show in your bank account and such refund will be made using the same method of payment used by you to pay the price. 

​

9    IF THERE IS A PROBLEM WITH THE SERVICE
 
9.1    How to tell us about problems. If you have any questions or complaints about the Service, please contact us. You can telephone or email our customer service team using the telephone number or email address shown on our website or write to us at Floor 1, Mey House, Bridport Road, Poundbury, Dorchester, DT1 3QY.
9.2    Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See below for a summary of your key legal rights in relation to the Service. Nothing in these terms will affect your legal rights.

Summary of your key legal rights for the Service
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
•    you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
•    if you haven't agreed a price upfront, what you're asked to pay must be reasonable.
•    if you haven't agreed a time upfront, it must be carried out within a reasonable time.

10    PRICE AND PAYMENT

10.1    Where to find the price for the Service. The price of the Service (which excludes VAT) will be the price indicated on the quotation provided to you by us before you placed your order. 
10.2    When you must pay and how you must pay. We accept payment by credit card, debit card or any other method specified on our website from time to time. You must pay the full price of the Service in advance when you place your order. 

​

11    OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

11.1    We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2    We are not liable for business losses. We only supply the Service for domestic and private use. If you use the Service for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3    Other liability. We shall have no liability to you for any liability, demand, loss, damage, costs, expenses or other claims for compensation arising as a result of any instructions or information supplied by you which are incomplete, incorrect, inaccurate, illegible, in the wrong form or late.
11.4    We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Service as summarised at clause 9.2.

12    THIRD PARTIES

12.1    In carrying out our obligations hereunder you acknowledge that we are acting only for you and the following shall apply:
12.1.1    we shall not be required to take instructions in relation to a Report or the Service from anyone other than you; and
12.1.2    each Report is produced exclusively for you together with any insurance company with whom you have or are seeking an insurance policy in respect of the property the subject of the Report (Insurance Company) and any intermediary between you and the Insurance Company such as your insurance broker (Intermediary) only and we shall not be liable to any other third party in respect of any inaccuracy, error, omission, unfitness for purpose, defect or inadequacy of any kind whatsoever in the Report.
12.2    Each Report shall contain a disclaimer and you agree that you shall not remove or vary, or permit the removal or variation of, the disclaimer without our prior written consent.
12.3    If at any time you disclose or provide a copy of any Report or part thereof to any third party whomsoever:
12.3.1    you shall not alter or vary the content of such Report or its disclaimer;
12.3.2    you shall take all reasonable steps to ensure that no third party shall remove the disclaimer from any Report; and
12.3.3    you shall, save where the third party is the Insurance Company or the Intermediary, prior to or at the time of such disclosure notify the relevant third party in writing that the third party is not entitled to rely on the Report and that we shall not be liable to the third party in respect of any inaccuracy, error, omission, unfitness for purpose, defect or inadequacy of any kind whatsoever in the Report.

​

13    HOW WE MAY USE YOUR PERSONAL INFORMATION

13.1    We only use personal information you provide to us in accordance with our privacy notice. Please take time to read our privacy notice as it includes important terms which apply to you. A copy of our privacy notice can be found at www.rebuildcostassessment.com/privacy-policy.
13.2    As part of the Service we will retain your details to contact you in the future when we believe it may be prudent for you to consider undertaking a further rebuild cost assessment of your property which may have increased or decreased due to changing market conditions in such period. There will be no obligation on you to proceed with any additional rebuild cost assessment. The purpose of us contacting you is purely to act as a reminder to give you the option to do so at that time if you so wish. Any additional rebuild cost assessments will require you to place a new order with us. 

​

14    CONFIDENTIALITY

14.1    Neither the Report, nor any part or extract from it, may be included in any published document, circular or statement or otherwise by you without our prior written approval of the form and context in which it may appear.
14.2    Subject to clause 14.4 and 14.5, each of us shall keep confidential all information relating to a Report and/or the provision of the Service (Confidential Information) and not use it except for the purpose of exercising or performing our rights and obligations under the contract.
14.3    Neither you or us will disclose Confidential Information to any third party or use it except as otherwise permitted in these terms save that we may disclose Confidential Information to our employees, professional advisers and sub-contractors.
14.4    Notwithstanding any other provision of these terms, it shall not be a breach of these terms for either of us to disclose any Confidential Information pursuant to a court order or a binding request from a regulatory (or other analogous) authority with jurisdiction or from any other third party with power to require the disclosure of such information.
14.5    Notwithstanding any other provision of these terms, we may use the data gathered in the performance of the Service for our own business purposes but may only disclose such data to third parties in aggregated form and in a manner which does not identify a specific property or person.
14.6    Subject to the other terms, the provisions of this clause 14 shall continue to apply notwithstanding termination of the contract.

15    OTHER IMPORTANT TERMS

15.1    We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2    You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3    Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4    If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5    Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Service, we can still require you to make the payment at a later date.
15.6    Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Service in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Service in either the Northern Irish or the English courts.
15.7    Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Ombudsman Service: Property via their website at www.ombudsman-services.org/property.html. Ombudsman Service: Property will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. 

Disclaimer

IMPORTANT NOTICE

This report (Report) has been prepared by Rebuild Cost Assessment Limited (company number 09746801) (RCA) for the benefit of the individual consumer specified on the front page of this Report (Customer) and any insurance company and/or intermediary to whom the individual consumer or business entity (as the case may be) discloses the Report to (the Authorised Recipients) for the provision of a rebuild cost assessment of the building the subject matter of the Report (Property) solely for the purpose of calculating the correct level of insurance cover for the Property prior to the occurrence of any loss or damage to the Property (Purpose).
The Authorised Recipients and anyone else receiving this Report must treat it as confidential.
This Report may not be copied or disclosed to any person in whole or in part other than to the Authorised Recipients or used for any purpose other than the Purpose. No one other than the Authorised Recipients may rely on this Report. 
This Report has been prepared in part based on written and verbal information provided by the Customer. RCA gives no warranty express or implied as to the accuracy of such information and RCA shall have no liability for any inaccuracy, error, omission, unfitness for purpose, defect or inadequacy of any kind whatsoever in the Report which is due to any such information being incomplete or inaccurate in any way. 
Save for the warranty that the Report has been prepared using reasonable skill and care, all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law. Without prejudice to the foregoing, the maximum aggregate liability of RCA and its employees, officers, agents and sub-contractors for any liability and losses of whatever kind and howsoever arising (including negligence), as a result of access to, use of, or reliance upon, any information contained in this Report is limited to £2,000,000 (two million pounds). Neither RCA nor its employees, officers, agents or sub-contractors shall be liable to any person for indirect, consequential or special losses. In no circumstances shall RCA or its employees, officers, agents or sub-contractors be liable to (a) any person other than the Authorised Recipients or (b) where the Report has not been used for the Purpose.
Nothing in this disclaimer shall (a) limit or exclude the liability of RCA to the extent that such liability cannot be lawfully limited or excluded or (b) affect any individual’s statutory consumer rights.