TERMS AND CONDITIONS - CONSUMER

REBUILD COST ASSESSMENT & SITE ASSESSMENT

 

These Terms and Conditions was last update on: 26/11/2018

REBUILD COST ASSESSMENT

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 residential 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 (Service).   A more detailed explanation of the Service is contained on our website.

1.2 The Report will be prepared in accordance with and subject to the instructions and basis of assessment provisions specified on our website (and which are available to you prior to placing your order) 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 The Pavilion, Botleigh Grange Business Park, Hedge End, Southampton SO30 2AF. 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. 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 website is solely for the promotion of our Service 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; and

3.5.3 that you have read and understood the Basis of Assessment.

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 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.

5.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Service to you, for example, particular information relating to the property which is the subject of the Service. If so, this will have been stated in the description of the Service on our website.  We will not be responsible for supplying the Service late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

5.4 Order Information. You are responsible for ensuring that the information set out in your order is complete and accurate.  The order process on our website allows you to check and amend any errors before submitting your order.

5.5 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.

5.6 Any dates quoted for delivery of the Report are approximate only, and the time of delivery is not of the essence.

5.7 Responsibility for, and ownership of, the Report shall pass to you on delivery. 

5.8 The intellectual property rights in the Service and in the Report shall at all times remain with us.

5.9 Each Report is supplied subject to the following provisos:

5.9.1 we gather information for the Report from a number of publicly available sources and use such information in order to produce the Report.  We cannot guarantee that the information gathered from these sources is complete, accurate or up-to-date and therefore that the information contained in the Report in complete, accurate or up-to-date;

5.9.2 the Report is provided for guidance purposes only;

5.9.3 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;

5.9.4 the Report has been prepared in accordance with and subject to the Basis of Assessment; and

5.9.5 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.

6 YOUR RIGHTS TO END THE CONTACT

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 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 the box 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 order pages when you placed your order. We take all reasonable care to ensure that the price of the Service advised to you is correct.

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

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.

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 identity a specific property or person.

14.6 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.

14.7 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. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

Disclaimer

IMPORTANT NOTICE

This report (Report) has been prepared by Rebuild Cost Assessment Limited (company number 09746801) for the benefit of the individual specified on the front page of this Report and any insurance company and/or intermediary to whom the individual discloses the Report (the Recipients) for the provision of a rebuild cost assessment of the building the subject matter of the Report (Purpose).

The 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 Recipients or used for any purpose other than the Purpose. No one other than the Recipients may rely on this Report.

With respect to any insurance company and/or intermediary, 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 Rebuild Cost Assessment Limited and its employees, officers, agents and sub-contractors to any insurance company and/or intermediary 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 £1,000,000 (one million pounds). Neither Rebuild Cost Assessment Limited nor its employees, officers, agents or sub-contractors shall be liable to any insurance company and/or intermediary for indirect, consequential or special losses.  In no circumstances shall Rebuild Cost Assessment Limited or its employees, officers, agents or sub-contractors be liable to any person other than the Recipients or where the Report has not been used for the Purpose.

Nothing in this disclaimer shall limit or exclude the liability of Rebuild Cost Assessment Limited to the extent that such liability cannot be lawfully limited or excluded.

SITE ASSESSMENT

TERMS OF SUPPLY OF REBUILD COST ASSESSMENT LIMITED

1 DEFINITIONS


1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Acceptance: means your acceptance of a Quotation;
Acknowledgment: shall have the meaning given to it in clause 2.9;
Assessor: means an employee or contractor appointed by Us to produce a Report;
Basis of Assessment: means the instructions and basis of assessment provisions specifying what costs are included or excluded from the Report and the assumptions and basis on which the Report will be prepared (such provisions being set out on the Website, included in a Quotation and also contained in the notes to the Report);
Charges: the price payable by you to Us for the provision of the Services in accordance with clause 5;
Confidential Information: includes, without limitation, business information and all documents, computer records, specifications, technical descriptions, records, drawings, designs and data relating to a Report and/or the provision of the Services;
Disclaimer: means the disclaimer attached to a Report by Us;
Event Outside Our Control: is defined in clause 11.2;
Insurance Company: means an insurance company who has granted an insurance policy to you in respect of the Property or who is considering granting such a policy or who has been approached to do so by you or the Intermediary;
Intellectual Property Rights: means copyrights, trademarks, domain names, rights in computer software and databases, know-how and any similar rights whether arising in the United Kingdom or elsewhere in the world;
Intermediary: means an entity which acts as an intermediary between you and the Insurance Company and which includes your insurance broker;
Materials: means documents, drawings, working papers or similar materials and any data or other information;
Property: means the residential property the subject of a Report, details of which are set out in the Request;
Quotation: means a quotation provided by Us to you which sets out the price for the Services which shall have attached to it a copy of these Terms;
Report: means the rebuild cost assessment report carried out by Us or on our behalf in respect of the Property pursuant to which We estimate the rebuilding costs in the event of a total loss of the Property based on the gross external area and typical rates per square metre for the building use and type/quality of construction of the Property;
Request: means a request from you asking Us to provide a Quotation;
Services: means the services that We are providing to you being the carrying out by Us of a rebuild cost assessment and production of a Report, as more particularly described on our Website;
Terms: the terms and conditions set out in this document;
We/Our/Us: means Rebuild Cost Assessment Limited a company incorporated in England and Wales with company number 09746801 whose registered office is at The Pavilion, Botleigh Grange Business Park, Southampton, Hampshire SO30 2AF and whose main trading address for correspondence is Floor 1 Mey House, Bridport Road, Poundbury, Dorchester  DT1 3QY; and
Website: means www.rebuildcostassessment.com, which website is operated by Us.


1.2 When We use the words writing or written in these Terms, this will include e-mail unless We say otherwise.


1.3 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.


OUR CONTRACT WITH YOU


2.1 These are the terms and conditions on which We supply Services to you. We are only able to provide Services if you are resident in the United Kingdom.


2.2 Please ensure that you read these Terms and the Basis of Assessment carefully, and check that the details on the Request and in these Terms are complete and accurate, before you submit the Request. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.


2.3 When you submit the Request to Us (which can be submitted by email, fax or otherwise in writing or via Our Website), this does not mean We have accepted your Request for Services. Our acceptance of the Request will take place as described in clause 2.9. If We are unable to supply you with the Services, We will inform you of this in writing and We will not process the Request.


2.4 On receipt of a Request We will consider whether to issue a Quotation to you. We are not obliged to provide a Quotation in response to any Requests received. 


2.5 You are responsible for ensuring that the information set out in the Request is complete and accurate.


2.6 A Quotation issued by Us to you following receipt of a Request constitutes an offer by Us to supply the Services in accordance with these Terms. 


2.7 A Quotation shall only be valid for a period of 90 days from its date of issue. 


2.8 A Quotation will be deemed accepted by you on receipt by Us of the Acceptance.


2.9 We will issue an acknowledgement in writing (Acknowledgment) following receipt of the Acceptance.  These Terms will become binding on you and Us when We issue you with the Acknowledgement at which point a contract will come into existence between you and Us.


2.10 If any of these Terms conflict with any term of the Request, the Request will take priority.


2.11 In submitting your Request you confirm that you are either


2.11.1 the owner of the property which is the subject of the Services; or 
2.11.2 the lawful occupier of that property; or
2.11.3 an individual proposing to purchase that property or a leasehold interest in that property.


2.12 You also confirm that:


2.12.1 you are requesting the Services for your own personal use and not for any business purpose; 
2.12.2 you are resident in the United Kingdom; and 
2.12.3 that you have read and understood the Basis of Assessment.


3 PROVIDING SERVICES


3.1 We will supply the Services to you from the date agreed between Us in writing until the estimated completion date set out in the Request.


3.2 We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control.

See clause 11 for Our responsibilities when an Event Outside Our Control happens. 


3.3 We will need certain information from you that is necessary for Us to provide the Services, for example, particular information relating to the Property. We will contact you about this. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or We may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked.


3.4 Each Report is supplied subject to the following provisos:


3.4.1 the quality of the visual inspection by an Assessor shall depend upon the circumstances prevailing at the Property at the time the Services are carried out and may be affected by (by way of example only and not limitation) limited access, working conditions, information provided which cannot reasonably be verified and health and safety considerations; 
3.4.2 the Report has been prepared in accordance with and subject to the Basis of Assessment; and
3.4.3 the conditions and circumstances described in the Report will be those prevailing at the time at which the Services are carried out and not otherwise.


4  IF THERE IS A PROBLEM WITH THE SERVICES


4.1 In the unlikely event that there is any defect with the Services:


4.1.1 please contact Us and tell Us as soon as reasonably possible;
4.1.2  please give Us a reasonable opportunity to repair or fix any defect; and
4.1.3 We will use every effort to repair or fix the defect as soon as reasonably practicable.


You will not have to pay for Us to repair or fix a defect with the Services under this clause 4.1.


4.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.


PRICE AND PAYMENT


5.1 The Charges will be those confirmed by Us to you in the Acknowledgement. Our Charges may change at any time, but any changes will not affect Requests that We have confirmed with you.


5.2 We will invoice you at the end of the calendar month in which we provide the Report to you.


5.3 Payment of the Charges is due thirty (30) days from the date of our invoice.


5.4 The Charges are exclusive of VAT.


6    DELIVERY


6.1 Delivery of the Report by Us shall be by email or post, in either case to the email address or postal address notified by you to Us in the Request.  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.


6.2 Any dates quoted for the Assessor carrying out the Services and delivery of the Report are approximate only, and time is not of the essence.


7    RISK AND TITLE


7.1 Responsibility for, and ownership of, the Report shall pass to you on delivery.  


7.2  The Intellectual Property Rights in the Services and in the Report shall at all times remain with Us.


CONFIDENTIALITY


8.1 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.


8.2 Subject to clause 8.4 and 8.5, each of us shall keep confidential all Confidential Information and not use it except for the purpose of exercising or performing our rights and obligations under the contract.


8.3 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.


8.4 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.


8.5 Notwithstanding any other provision of these Terms, We may use the data gathered in the performance of the Services 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.


8.6 Subject to the other Terms, the provisions of this clause 8 shall continue to apply notwithstanding termination of the contract.


9    THIRD PARTIES


9.1 In carrying out Our obligations hereunder you acknowledge that We are acting only for you and the following shall apply:


9.1.1 We shall not be required to take instructions in relation to a Report or the Services from anyone other than you; and
9.1.2 each Report is produced exclusively for you, the Insurance Company and the 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. 


9.2 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.


9.3 If at any time you disclose or provide a copy of any Report or part thereof to any third party whomsoever:


9.3.1 you shall not alter or vary the content of such Report or the Disclaimer; 
9.3.2 you shall take all reasonable steps to ensure that no third party shall remove the Disclaimer from any Report; and
9.3.3 you shall, save where the third party is the Intermediary or the Insurance Company, 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.


10 OUR LIABILITY TO YOU


10.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by you and Us at the time we entered into this contract. 


10.2 If We are providing Services in your property, We will make good any damage to your property caused by Us in the course of performance. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover in the course of performance by Us.


10.3 We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.


10.4 We shall have no liability to you for any loss, liability, demand, damage, costs, expenses or other claims for compensation arising as a result of:


10.4.1 any Materials supplied by you; or
10.4.2 any instructions supplied by you which are incomplete, incorrect, inaccurate, illegible, in the wrong form or late.


10.5 We do not exclude or limit in any way Our liability for:


10.5.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
10.5.2 fraud or fraudulent misrepresentation;
10.5.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
10.5.4 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
10.5.5 defective products under the Consumer Protection Act 1987.


11 EVENTS OUTSIDE OUR CONTROL


11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control. 


11.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.


11.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms: 


11.3.1 We will contact you as soon as reasonably possible to notify you; and
11.3.2 Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.


11.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see your cancellation rights under clause 12. 


12 YOUR RIGHTS TO CANCEL 


12.1 You may cancel the contract for Services with immediate effect by giving Us written notice if:


12.1.1 We break this contract in any material way and We do not correct or fix the situation within 30 days of you asking Us to in writing;
12.1.2 We go into liquidation or a receiver or an administrator is appointed over Our assets; or
12.1.3 We are affected by an Event Outside Our Control.


12.2 Consumer Contracts Regulations 2013. For most services bought over the telephone or by post you have a legal right to change your mind within 14 days and receive a refund. You have 14 days after the day you receive our Acknowledgement. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind. To end the contract with us please contact us as set out in clause 13 below or complete the cancellation form enclosed with these Terms and post it to us at the address on the form.


13 INFORMATION ABOUT US AND HOW TO CONTACT US


13.1 We are a company registered in England and Wales. Our company registration number is 09746801 and Our registered office is at The Pavilion, Botleigh Grange Business Park, Hedge End, Southampton, Hampshire SO30 2AF and our main trading address for correspondence is Floor 1, Mey House, Bridport Road, Poundbury, Dorchester DT1 3QY. Our registered VAT number is 232242352.


13.2 If you have any questions or if you have any complaints, please contact Us using the telephone number or email address for Our customer service team shown on the Website.


13.3  If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Rebuild Cost Assessment Limited at Floor 1, Mey House, Bridport Road, Poundbury, Dorchester, DT1 3QY. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Request. 


14 HOW WE MAY USE YOUR PERSONAL INFORMATION


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.


15 OTHER IMPORTANT TERMS


15.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.


15.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.


15.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms. 


15.4 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 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you. 


15.6 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.


15.7 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.

Form of Disclaimer


IMPORTANT NOTICE


This report (Report) has been prepared by Rebuild Cost Assessment Limited (company number 09746801) for the benefit of the individual specified on the front page of this Report and any insurance company and/or intermediary to whom the individual discloses the Report (the Recipients) for the provision of a rebuild cost assessment of the building the subject matter of the Report (Purpose).

The 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 Recipients or used for any purpose other than the Purpose. No one other than the Recipients may rely on this Report. 


With respect to any insurance company and/or intermediary, 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 Rebuild Cost Assessment Limited and its employees, officers, agents and sub-contractors to any insurance company and/or intermediary 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 £1,000,000 (one million pounds). Neither Rebuild Cost Assessment Limited nor its employees, officers, agents or sub-contractors shall be liable to any insurance company and/or intermediary for indirect, consequential or special losses.  In no circumstances shall Rebuild Cost Assessment Limited or its employees, officers, agents or sub-contractors be liable to any person other than the Recipients or where the Report has not been used for the Purpose.


Nothing in this disclaimer shall limit or exclude the liability of Rebuild Cost Assessment Limited to the extent that such liability cannot be lawfully limited or excluded. 

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