Definitions
“Client” shall mean the company or Person that wishes to retain the services of the Contractor.
“Contractor” shall mean Westcourt Management Services Ltd. (WMS) a limited company having its Registered Office at 21 Wicklow Street, Dublin 2, Ireland or it’s agent.
“Services” shall mean the inspection of the Property (hereinafter “the Property”) more particularly described on the cover page 1 hereto, and preparation of a Report including an inventory of the Property hereinbefore mentioned and its contents and such other services in addition as specified hereinafter.
“Report” shall mean a written document together with any photographs there may be of the internal inspection of the Property hereinbefore mentioned, by an employee or agent of the Contractor and an inventory list of the furniture, fixtures, fittings and internal household effects with a description of the state of decoration and condition of the interior of the Property and its effects. It may include services meter readings including electricity, gas, water etc. if reasonably accessible during the time of the inspection.
Instruction Conditions
The Contractor can accept an instruction via e-mail, letter or fax from the Client for Services and the preparation of a Report. Once an instruction is received, an Agreement is deemed to exist between the Contractor and the Client (hereinafter “the Parties”) under these Terms and Conditions. Any errors contained within any communication whatsoever from the Client will be the liability of the Client.
Contractors Obligations
The Agreement between the Parties shall include the aforementioned Services. The Contractor will also use its best endeavours to locate and gain access to the electricity meter box for the purpose of reading a current and valid electricity meter reading. The Contractor may also upon request from the Client receive and hold keys to the Property until such time as the Landlord or Client request release of the aforementioned keys. The Parties may at any time and from time to time alter or vary the job specifications and the price to be paid by the Client to the Contractor. No such variation shall be binding on either Party unless reduced to writing and signed by both the Contractor and the Client.
Payment
The Services requested by the Client will be charged by the Contractor to the Client at the standard rates from time to time in force. Value Added Tax at the standard rate from time to time is charged on all services. Payment is to be made within 30 days of receipt of an invoice. The Contractor will charge a rate of five per centum in excess of the overdraft rate charged from time to time to personal borrowers by such bank as the Contractor may nominate. The Contractor reserves the right to charge for Services in advance by any form of cleared funds or credit card. The Contractor reserves the right to charge an additional fee of no more than €20 per bound hard copy of the Report or any other bound Report.
Scope of Works
The Client acknowledges that the Contractor will act in the capacity of an independent inspector of the Property and will Report accordingly. The Report shall only be disclosed to the Client or to an agent of the Client upon written instruction from the Client to the Contractor. The aforementioned Report shall include the following: Brief description of the Property and one external photograph thereof, description of the keys to the Property if any and a photograph thereof, title and description and retracted photographs of each internal common area or corridor or room of the Property or sub-room thereof or any privately owned garden or patio area, description and photographs of each item of damage or wear-and-tear or irregularity in each aforementioned room or privately owned garden or patio area, description and photographs of each internal item of furniture or appliance in the Property and of each item of damage or wear-and-tear or irregularity on each aforementioned furniture or appliance.
The Client acknowledges that it is solely responsible for any charges incurred in the engagement of service providers / contractors involved in the maintenance of the Property. The Landlord further acknowledges that the Contractor does not bear any liability for the actions and / or omissions of the service providers / contractors in carrying out work on behalf of the Client in connection with the maintenance of the Property and / or its grounds. In the event of unforeseen difficulties, for example major flooding or fire on the Property, leading to substantial extra work, the Contractor reserves the right to bill for additional time involved in which case a supplementary estimate shall be furnished to the Landlord.
Variation of Specification
The Parties may at any time and from time to time alter or vary the job specifications and the price to be paid by the Landlord to the Contractor. No such variation shall be binding on either Party unless reduced to writing and signed by both the Contractor and the Landlord
Damages
The Contractor shall not be responsible for any failure to perform any of the Services mentioned where that failure relates to any action or omission of the Client, its servants or agents. Nor shall the Contractor be responsible for damages arising as a consequence of matters beyond the control of the Contractor whether force majeure, or any other cause of any kind whatsoever.
Insurance
The Client agrees to have in place suitable and adequate insurance in respect of the Property and the grounds thereto. The Client agrees to indemnify and hold harmless the Contractor in respect of any liability howsoever arising and whatsoever nature as a consequence of it entering into this agreement and the performance of its duties / obligations hereunder. In particular, the Client will ensure that it has adequate public liability insurance in place. The Contractor undertakes to carry adequate employee liability insurance.
Force Majeure
The term “force majeure” as used herein shall mean acts of god, strikes, lockouts or other industrial disturbances, acts of public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lighting, earthquakes, fire, storm, civil disturbances, terrorism, governmental or quasi-governmental regulations and directions and any other cause not within the reasonable control of the party claiming suspension all of which by the exercise of due diligence such party is unable to prevent. In the event of either party being rendered unable wholly or it part by force majeure to carry out its obligations under this agreement it is agreed that on that party giving notice of such force majeure to the other party with reasonable promptness the obligations of the party giving such notice so far as they are affected by such force majeure shall be suspended during the continuation of the same it being agreed that each party shall use all reasonable endeavours to remove or avoid such force majeure with all reasonable dispatch.
In the event that the obligations of either party are suspended (as aforesaid) by reason of force majeure for a period in excess of 30 days then either party to this agreement may on giving written notice to the other terminate this agreement.
Termination
This agreement may be terminated at the end of the second term at any time on forty eight hours written notice by either Party to the other. The Contractor reserves the right to charge the full fee to the Client for the cancellation of an Agreement for whatever reason within forty eight hours of the inspection date, including incorrect or inaccurate instruction by the Client to the Contractor. The Contractor reserves the right to apply a charge when unable to gain access to the Property at an agreed time, or within a reasonable period thereafter. There will be no further obligation under the terms and condition save the entitlement to invoice the relevant party the proportion of the fee that would have been due had the instruction been completed. A charge of €35 plus Value Added Tax per half hour may be made for waiting time at the Property beyond the confirmed time for the inspection due to late arrival of the Client or agent of the Client or for unavailability of keys whether incorrectly notified or any other reason whatsoever or any delay in gaining access to the Property beyond the control of the Contractor.
Headings
The headings in this agreement are for convenience only and shall not in any way limit or be deemed to construe or interpret the terms and provisions of this agreement.
Severance
The Parties to the Agreement hereby acknowledge and agree that each clause in this Agreement and every part thereof are entirely separate and independent and if any clause or part thereof shall be adjudged by any Court to be void or unenforceable, but would be valid if part of the wording thereof was deleted and/or amended, the said clause or part thereof shall apply within the jurisdiction of that Court with such modifications as may be necessary to make it valid and enforceable and shall be deemed to have been amended accordingly so that the clause shall be construed by the Court by limiting or reducing it or them so as to be enforceable to the maximum extent compatible within the applicable law.
Governing Law
All disputes between the Parties arising out of or in any way relating to this Agreement or any other disputes between the Parties in any way connected with the subject matter of this Agreement shall be governed by the laws of Ireland. Furthermore, the Parties submit to the exclusive jurisdiction of the Irish Court for the purpose of any proceedings arising out of or in any way relating to the Agreement or any other proceedings in any way connected with the subject matter of this Agreement.
Confidentiality
The Client undertakes that they shall use the information provided in our Reports solely for the internal purpose of its own business and also agrees the following: To keep the Report strictly confidential, not to publish all or any part of the information, not to divulge or disclose all or any part of the Report to any third party other than for the sole purpose of Property rental, to permit access to the Report only to those of its agents or employees who need to know or use the same and ensure that such officers or employees comply with the provisions of the sub clauses above.
General Terms
Acceptance of services is deemed to be an acceptance of the fees due and of these terms and conditions.
All items on the inventory are assumed to be in good, clean and undamaged condition unless otherwise stated.
For the inspection, the Contractor will not move items of furniture or similar and the Report shall be based upon the visible condition of the fixtures, fittings and household effects. The Contractor will not handle or move any items deemed to be fragile or valuable or a health hazard.
The Inventory does not purport to be a Report of value of the Property and or the contents therein, nor is it a guarantee of, or Report of, the adequacy of, or safety of any equipment or contents. It is a list of such items within the Property and the superficial condition of the items and the decorative state of the Property.
Electrical items will not be tested and we cannot be held responsible for any faults, etc. The Contractor will only check for missing bulbs and bulbs not working.
Floor coverings, rugs and carpets will be inspected to the extent that they are sufficiently clean and any defects noted.
Bed linen, towels and similar items will be inspected to check that they have been freshly laundered and then counted. Heavily soiled items will be checked at the discretion of the Contractor and noted.
Mattresses will be inspected where accessible and will not be examined if the bed is made up.
The Contractor will not move and heavy items of furniture or similar and reserves the right not to handle or move what the Contractor considers may be valuable ornaments. The Report shall be based upon the visible condition of the fixtures only and shall not include any hidden damage for example between an item of furniture and a wall where inspection of this area would require the furniture to be moved.
The Contractor will not include in the inventory, numbers and titles of books, plants, consumables, items which are packed for storage or miscellaneous items other than garden equipment.
Attics, basements, cellars for storage and their contents will not be listed in the Inventory, nor will the Contractor undertake to search through overcrowded drawers or cupboards to locate items.
At the termination of the tenancy the Contractor may request receipts for payment for items which were agreed to have been professionally cleaned, for example carpets or windows.
Windows are only checked to ensure that they are clean with no visible broken glass. It is not the responsibility of the Contractor to Report any non opening or properly functioning windows to the Client.
Intruder alarms and smoke detectors will be listed and are all untested, whether the Report says so or not.
The Contractor reserves the right to apply an additional charge where extra or unnecessary time is incurred if items which have been moved since a previous inspection, for example before a tenancy, are unable to be locate and have not been replaced in their original position.
The Contractor shall be entitled to charge a fee to the person or persons or company who has given the instruction. If the instructions are given by a letting agent this contract is deemed to be made between the Contractor and the letting agent as the principle and the invoice is rendered to be payable by the letting agent unless agreed in writing with the Contractor.
Property Sizes
Property sizes and pricing are based on the following:
1 bed Property includes but is not limited to 1 bedroom, 1 reception, 1 bathroom, 1 kitchen.
2 bed Property includes but is not limited to 2 bedrooms, 1 reception, up to 2 bathrooms, 1 kitchen.
3 bed Property includes but is not limited to 3 bedrooms, 2 receptions, up to 2 bathrooms, 1 kitchen, garden, garage.
4 bed Property includes but is not limited to 4 bedrooms, 2 receptions, up to 3 bathrooms, 1 kitchen and utility room, garden, garage.
Larger properties shall be priced individually. The Contractor reserve the right to charge additional rates from time to time applicable per room for properties different to above, quotation available upon application.
Guide to this Report
This Report is intended to be a fair and accurate record of the condition of the Property, its decoration, fixtures, fittings, contents and access tools including keys, fobs, clickers etc. if available, at a specific point in time. It may include services meter readings including electricity, gas, water etc. if reasonably accessible during the inspection.
This Report may be compared to other Reports at various points before, during or after a tenancy to determine if there have been any changes and to aid the resolution of any disputes that may arise. A check-in Report is conducted at the start of a tenancy and records the condition and inventory of the Property as received by the tenant. A check-out Report is conducted after a tenant has vacated the Property and returned all keys, fobs, clickers etc. An interim Report may be instructed at any time during a tenancy or during a vacancy period, for example annually during a tenancy or before the end of a tenancy to protect a tenant’s deposit.
The Report begins with details of keys, fobs, clickers etc. followed by services meter readings including electricity, gas, water etc.
This Report is a condition Report and inventory only, not a Report on the structure of the Property or its standard of safety. It relates to the superficial decoration, cleanliness and condition of the Property and its contents. It does not purport to be a statement of adequacy or safety of the Property or its contents. This Report includes the cleanliness and appearance of windows and any glass therein only and does not include the functioning condition of windows or their locks.
This Report does not include the testing of appliances, nor the inspection of an area not immediately accessible such as attic spaces without stairs access or any roof area. It is the responsibility of the tenant to report any appliances or parts thereof that are not fully and properly operational, to the landlord within a reasonable period of time after the creation of the tenancy. All appliances will be deemed to be in proper working order otherwise.
Glossary of Terms
1. New – Perfect condition, untouched since fitting etc, unopened still in packaging.
2. Excellent – Very clean but with slight visible signs of wear or newly repainted or not in original packaging.
3. Good – Clean with sings of wear or lightly worn, slight signs of discolouration.
4. Fair – Reasonably clean but maybe dusty, signs of dirt, age and noticeable wear, frayed edges, small stains or discolouration, obvious signs of usage, slight damage.
5. Poor – Obvious dirt and dust, age, wear and tear, frayed edges, stains and discolouration, heavy usage, some damage
6. Very Poor – Obvious dirt and dust, age and stains, extensive wear and tear and damage, faulty appliances and fixtures, heavy usage and neglect.