TERMS OF BUSINESS FOR BUILDING SURVEY

1. DEFINITIONS

In these Terms:

“Agreement”. Our agreement will be made when the Client receives a copy of these Terms or gives instructions to THE
BUILDING SURVEYOR Consultancy, whichever shall be the later and will be subject to the terms in this document.

“Client” means the person, firm or company to whom THE BUILDING SURVEYOR is to provide services in accordance with the
Terms.

“Property” means the property which is the subject of the Client’s instructions to THE BUILDING SURVEYOR.

“Terms” means the terms and conditions set out in this document and (unless the context otherwise requires) includes any
other terms and conditions set out in any letter or document accompanying the Terms or varying the Terms.

2. GENERAL

i) THE BUILDING SURVEYOR undertakes to perform all services on the basis of the Terms only, which shall apply to the
exclusion of any other terms and conditions which the Client may seek to impose.

ii) No variation of the Terms shall be binding unless previously agreed in writing by THE BUILDING SURVEYOR.

iii) In the event of any ambiguity or conflict between the letter or document accompanying these Terms and the Terms the
former will take precedence.

iv) Third Party Rights. No term of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act
1999 by a person who is not a party to this Agreement, but this shall not affect any right or remedy of any Third Party
which exists or is available other than under that Act.

3. SERVICES

THE BUILDING SURVEYOR will seek to provide a service such as would be expected of a consultant surveyors in a proper
professional manner and will perform its services with all reasonable care and skill and will act in good faith at all times.

These services are, however, provided on the basis that:

i) Estimates of times for performance of the service have been made upon the basis of information available to THE
BUILDING SURVEYOR at the time but are not legally binding on THE BUILDING SURVEYOR.

ii) THE BUILDING SURVEYOR may, if it considers appropriate, secure performance of any or all services by instructing one
or more other persons, firms or companies (whether as sub-contractor or in any other capacity) upon such terms as
THE BUILDING SURVEYOR considers appropriate. In these circumstances no additional fee shall be payable by the
Client in the absence of prior agreement to such additional fee but the Client shall be liable to pay all fees and other
sums payable to THE BUILDING SURVEYOR as if all services had been performed personally by THE BUILDING
SURVEYOR.

4. THE PROPERTY

The subject property being “PROPERTY ADDRESS”

5. SCOPE OF INSTRUCTION

BUILDING SURVEY

i) To conduct a building survey and provide a written report to provide the client an understanding of
maintenance/repairs required on the property.

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6. FEES & DISBURSEMENTS

i) Fees will be charged at the rate set out in the letter or document accompanying these Terms or as otherwise agreed
between THE BUILDING SURVEYOR and the Client. In the event of a change in the scope of the instructions, THE
BUILDING SURVEYOR reserves the right to charge an additional fee.

ii) Any disbursements agreed between THE BUILDING SURVEYOR and the Client (either in the letter of acceptance of
instructions or verbally) will be recharged to the Client when incurred.

iii) If it is agreed with the Client, in connection with the instruction, that the resolution of a dispute with a third party be
referred to an arbitrator, expert, court or tribunal, all costs in connection with such referral, including legal fees
incurred by THE BUILDING SURVEYOR, experts fees, court and arbitration fees (other than fees for THE BUILDING
SURVEYOR’s services) will be recharged to the Client as a disbursement.

7. STATEMENT ON SURVEYORS SKILLS AND EXPERIENCE

I have 25 years residential and commercial property experience. I am a member of the Royal Institute of Chartered Surveyors
and a member of the RICS Registered Valuers Scheme.

8. RICS REGULATIONS

i) Compliance with the RICS standards maybe subject to monitoring under the RICS disciplinary regulations

9. TERMS OF PAYMENT

i) THE BUILDING SURVEYOR shall invoice the Client for its fees and disbursements at completion of the service or
otherwise as soon as the Client’s liability arises.

ii) THE BUILDING SURVEYOR shall be entitled to submit accounts for disbursements and marketing costs at the time when
incurred by THE BUILDING SURVEYOR and such accounts shall be payable by the Client whether or not the Client
completes a disposal or acquisition or withdraws its instructions. Accounts for disbursements are due for settlement on
presentation. Alternatively THE BUILDING SURVEYOR may by agreement with the Client arrange for the suppliers to
invoice the Client directly for services supplied upon its instructions.

iii) THE BUILDING SURVEYOR reserves the right to charge the Client interest (both before and after any judgement) on any
unpaid invoice at the rate of 3% per annum above the base lending rate of the Bank of Scotland calculated on a daily
basis from 30 days after the date of its invoice until the date of settlement in full.

iv) If any sum due to THE BUILDING SURVEYOR from the Client remains unpaid for more than 30 days after the date of the
invoice THE BUILDING SURVEYOR shall be entitled to suspend all further work for the Client until the outstanding sum is
paid to THE BUILDING SURVEYOR in full. In these circumstances THE BUILDING SURVEYOR shall not be liable for any
delays, losses or expenses resulting from such suspension.

10. INDEMNITY

The Client shall indemnify and keep indemnified THE BUILDING SURVEYOR from and against all and any liability, losses,
damages, penalties, fines, costs and expenses (including legal costs and expenses) suffered or incurred by THE BUILDING
SURVEYOR arising out of or by virtue of:

a) the breach by the Client of any of its obligations under the Terms;

b) the Client’s instructions to THE BUILDING SURVEYOR other than any losses, damages, costs and expenses arising by
virtue of the negligence or wilful default of THE BUILDING SURVEYOR; or

c) any allegation that the Property (including without limitation the means of access thereto or egress there from or
any plant or substances in such premises provided for the use of any person) were not safe or posed a risk to
health except where THE BUILDING SURVEYOR had been notified in writing of all facts necessary to bring to the
attention of THE BUILDING SURVEYOR the fact that the Property (including without limitation the means of access
thereto or egress there from or any plant or substances in such premises) was not safe or posed a risk to health.

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11. COPYRIGHT

i) Copyright in any information, documents or other material provided by the Client to THE BUILDING SURVEYOR remains
the property of the Client.

ii) The copyright of all reports, forecasts, drawings, accounts and other documents originated by THE BUILDING SURVEYOR
in relation to its instructions remains the property of THE BUILDING SURVEYOR.

In each case an appropriate licence being granted to the other to use the copyright for the purposes and duration of this
Agreement only. The Client agrees that THE BUILDING SURVEYOR shall be entitled to use in perpetuity on a royalty free basis
any information, documents or other material provided by the Client and incorporated in documents produced by THE
BUILDING SURVEYOR in connection with its services hereunder for the purposes of advertising or promoting THE BUILDING
SURVEYOR and its business.

12. MISCELLANEOUS S

i) THE BUILDING SURVEYOR’s duties shall be limited to those set out in the Terms and in any accompanying
correspondence.

ii) THE BUILDING SURVEYOR shall be entitled to accept and act on any instruction given to THE BUILDING SURVEYOR by
any person who is an employee of or advisor to the Client.

iii) If any provision or term of the Terms shall become or be declared illegal, invalid or unenforceable for any reason such
term or provision shall be divisible from the Terms and shall be deemed to be deleted from the Terms.

iv) THE BUILDING SURVEYOR will inform the Client promptly if THE BUILDING SURVEYOR identify any conflict of interest
arises.

13. LIABILITY LIMITATION & EXCLUSIONS

Whilst THE BUILDING SURVEYOR will make every effort to fulfil the Client’s instructions in accordance with the Terms, THE
BUILDING SURVEYOR shall not be liable in any manner whatsoever:-

i) to any third party who, without THE BUILDING SURVEYOR’s prior written consent, seeks to rely on THE BUILDING
SURVEYOR’s performance of the Agreement of which the Terms form part or any advice or information resulting from
the Client’s instructions to THE BUILDING SURVEYOR;

ii) unless the Client has paid in full all sums due to THE BUILDING SURVEYOR;

iii) unless THE BUILDING SURVEYOR had previously agreed in writing to the particular use being made of THE BUILDING
SURVEYOR’s services/advice giving rise to the alleged loss; or

iv) in respect of any services outside the scope of the Terms unless THE BUILDING SURVEYOR has agreed to perform the
services in writing in advance.

v) except in respect of liability of death or personal injury caused by the negligence of THE BUILDING SURVEYOR, for which
no limit applies, in no event shall THE BUILDING SURVEYOR’s aggregate liability under this Agreement to the Client or
any person claiming under or through the Client, in respect of any loss (including costs or legal expenses), damage, or
claim, howsoever arising, exceed the level of professional indemnity insurance cover maintained by THE BUILDING
SURVEYOR at the date of THE BUILDING SURVEYOR 's engagement, details of which are available from THE BUILDING
SURVEYOR on request.

vi) building failures, collapse, subsidence, damage to underground services or failures of the appointed contractors,
consultants or engineers to adhere to approved planning drawings or standard codes of practises including site Health
Safety obligation nor any responsibility to legal obligations imposed upon the Freeholder or subsequent Leaseholders
under the title.

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14. COMPLAINTS

THE BUILDING SURVEYOR aim to perform on the instructions from a Client in an efficient and professional manner. We,
therefore, hope that the Client will not need to complain but recognise that in an isolated circumstance, there may be
complaints.

These should be addressed initially to THE BUILDING SURVEYOR. As a company, we adopt the complaints handling procedures
that are required of us an in line with the Royal Institution of Chartered Surveyors. Copies of these procedures are available on
request.

15. TERMINATION OF INSTRUCTIONS

i) Where any fees are to be charged on a quantum meruit basis such fees shall be calculated by reference to THE
BUILDING SURVEYOR 's hourly charges from time to time, details of which are available from THE BUILDING SURVEYOR
on request.

i) The Client has the right to cancel this agreement within 7 days of signing however, Client will be liable for any costs and
expenses from the date of the agreement, even if it is cancelled within this 7 day cooling off period.

16. LAW

The Terms and any Agreement of which they form part shall be governed by and construed in all respects in accordance with
English Law and the parties irrevocably submit to the exclusive jurisdiction of the English Courts in relation to any dispute or
proceedings arising out of or in connection with the Terms or any such Agreement but without prejudice to THE BUILDING
SURVEYOR’s right to take proceedings in any other jurisdiction in order to enforce payment of any sums owed to THE BUILDING
SURVEYOR.

17. DATA PROTECTION

Personal data provided by the Client to THE BUILDING SURVEYOR will be used by THE BUILDING SURVEYOR in connection with
the services to be provided by THE BUILDING SURVEYOR. Personal data provided by the Client to THE BUILDING SURVEYOR may
be disclosed to third parties where necessary to enable THE BUILDING SURVEYOR to perform its services. In addition such
personal data may be disclosed by THE BUILDING SURVEYOR to any person, firm or company which acquires that part of THE
BUILDING SURVEYOR 's business which performs any services on behalf of the Client.

The data controller in respect of personal data provided by the Client will be THE BUILDING SURVEYOR which is to provide the
services to the Client.

If THE BUILDING SURVEYOR are provided with personal data relating to any prospective purchaser or tenant of the Property,
THE BUILDING SURVEYOR shall use that data only for the purposes of the Client's instructions and for no other purpose unless
directed by the Client to do so. The Client agrees that it shall comply in all respects with the Data Protection Act 2018 in respect
of any such personal data.

18. INSTRUCTION ACCEPTANCE

We are pleased to confirm the terms upon which instructions have been accepted and the level of fees and disbursements that
have been agreed as set out below and in accordance with the Terms of Business.

Client:
Address:
Tel:
Fax:
Email:
Fixed Fee Agreement:
Hourly Rate Agreement:

We require you to notify us in writing if you wish to alter the basis of your instructions to us and any subsequent variation of the
Terms should be made in writing and signed by the Client and THE BUILDING SURVEYOR.

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In accordance with your instructions we will proceed on your behalf with the matters specified in section 5. Disbursements
incurred (if any) will be invoiced to you at appropriate intervals and are payable in addition to the fees referred to above,
irrespective of our success or otherwise in disposing of the property.

Please let us have formal confirmation of your instructions by signing this page and the copy Terms of Business for Agency
Instruction and returning each of them to us. In the meantime, your continuing instructions in this matter will indicate your
acceptance of these terms.

We confirm that we wish THE BUILDING SURVEYOR Consultancy to act on our behalf upon the terms as outlined above and
contained within the Terms of Business for Agency Instructions.
Signed

For and on behalf of

Date

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