TERMS AND CONDITIONS OF BUSINESS
All surveys include itemized survey report, photos and floor plan (not to scale). Plus a provisional estimate for repairs.
GENIUS PROPERTY SERVICES LIMITED
TERMS AND CONDITIONS OF BUSINESS FOR GENIUS PROPERTY FRANCHISES
A1. GENERAL. All works carried out by GENIUS PROPERTY SERVICES LIMITED and its franchise businesses (hereinafter referred to as “the Company”) are carried out subject to the following terms and conditions.
A2. ESTIMATES. All estimates given by the Company are an estimate of the probable cost of the works instructed by the customer (hereinafter referred to as “the works”) based on the Company’s experience of the works. Estimates include labour and materials. Should the works turn out to be more complicated than originally anticipated then the Company shall be entitled to increase the estimate to take account of this. The Company will inform the customer as soon as possible regarding any increase in the estimate. Without prejudice to the forgoing, should the trade price of materials increase between acceptance of the estimate and the completion of the works then the estimate may be increased as a result thereof.
A3. PAYMENT. The Company will usually issue an invoice on completion of the works. However, where the works last for a period in excess of 28 days then the Company shall be entitled to issue interim invoices as and when they may become necessary. Payment of any invoice is due within 28 days of the date of the invoice. For commercial clients the Company will charge an administration fee and interest for non payment in harmony with The Late Payment of Commercial Debts (Scotland) Regulations 2015. Should any invoice not be paid within the said time limit then the Company reserves the right to terminate the work instructed and shall remain entitled to the full amount owing for the works as may have already been carried out.
A4. JOINT AND SEVERAL LIABILITY. Where the work is instructed by more than one party it is understood that all parties instructing the work shall be joint and severally liable for all debts incurred to the Company.
A5. GUARANTEES. Where written guarantees are to be issued by the Company these shall only be issued upon the full completion of works and upon the full payment of all sums outstanding to the Company by the customer. Guarantees will be valid for a maximum of five years and will not cover normal wear and tear. No liability whatsoever is accepted in respect of goods supplied by the Company, which have been manufactured by a third party. The Company will extend to the customer any rights, which the Company may have against the manufacturer.
A6. DEPOSIT. The Company may, at it’s sole discretion be entitled to demand security in the form of a deposit prior to the carrying out of the works. Should the customer fail to deliver the said deposit then the Company shall be entitled to suspend or terminate the works without any liability therefore.
A7. DRAWINGS AND SPECIFICATIONS. Where the customer supplies drawings and/or specifications to the Company, the Company gives no warranty as to the suitability of the said drawings and shall not have any liability for any loss suffered by the customer as a result thereof.
A8. TERMINATION. Should the customer breach these terms and conditions, or should the customer for any reason become in the sole opinion of the Company unable to pay any sums owed by him or her to the Company, then the Company shall be entitled to terminate the works instructed with no liability being on the Company.
A9. CANCELLATION. Should the customer cancel the works at any point, the Company shall be entitled to charge for all works already carried out and for all goods which have been ordered by the Company in anticipation of the works and which cannot be returned with the costs thereof being fully refunded to the Company.
A10. TIMING. Estimates for the works are calculated using the best cost of labour and materials available and not by estimated date of completion. Where the customer requires the Company to complete the works by any given date, such date must be provided and accepted by the Company before the works commence and the Company shall be entitled to increase the estimate to take account of this.
A11. INTERPRETATION. These terms and conditions are governed and shall be interpreted according to the Law of Scotland.
Franchisor: Genius Property Services Limited Registered in Scotland No: SC506764
0845 638 2200 – Call costs may vary between telephone service providers.
Version – 2022March20
MANAGEMENT FOR PROPERTY IN OUR CARE
MANAGEMENT FOR PROPERTY IN OUR CARE
WE PROMISE TO FOLLOW THESE GUIDELINES BELOW. IF YOU FEEL WE ARE SHORT OF OUR TARGET PLEASE:
PHONE: 07436 936 600
BUY TO LET – Management of all our buy to let properties are provided by our approved letting agents. They will handle all contracts with property owners.
GENIUS PROPERTY SERVICES LIMITED
MANAGEMENT TERMS AND GUIDELINES (VALID FROM 20.03.22)
The guidelines below are subject to and in addition to our TERMS AND CONDITIONS OF BUSINESS FOR GENIUS PROPERTY FRANCHISES.
M1.0 PRE PURCHASE SURVEYS – All surveys are priced per hour. First two hours on site at £90 and subsequent hours on site at £30 per hour. Our surveys are not structural surveys unless we deem it necessary to carry out a structural survey and the survey is approved by the client. Structural surveys are charged at cost and conducted by our appointed structural engineer. SUBJECT TO VAT WHERE APPLICABLE.
M1.1 Surveys cover examination and checking items on the homebuyers report.
M1.2 PART 1 Visual inspection of external areas of the property including common areas. Notes taken externally of roof coverings, skew pointing and tablings, rainwater components, external wall finish, ground level, any visible moisture entering property above damp proof course, wall vents, fans, telecommunications and power cables.
M1.3 PART 2 Visual inspection of kitchen, bathroom, heating system, electrical power points, switches, lights and distribution board (consumer unit). All ground floor underfloor voids available from mat wells. Internal Notes cover condition of wall coverings, floorboards where visible particularly at recesses like windows and doorways. Stair ways, first floor and subsequent floorboards where visible, condition of accessible roof void timbers for water penetration, wood rotting fungi and wood eating beetle, internal faces of flat roofs. Use non-invasive meter to check all moisture contents.
M1.4 PART 3 Visual inspection of possible settlement by checking cracks in wallcoverings, slope in floors, noting support columns and beams for settlement, or subsidence. Checking skirting boards for gaps where they meet flooring. Externally inspect cracks in external walls for shrinkage, heave or subsidence.
M1.5 All surveys include itemized survey report, photos and floor plan (not to scale). Plus a provisional estimate for repairs.
M2.0 POST PURCHASE SURVEYS – As M1.0-1.5 Above plus inclusion of further examination of roof voids. Take down damp plaster/plasterboard to find extent of any decay. Lift floorboards to expose joist ends and solumn. (Based on our initial communication) cost for upgrade of basic amenities where defective. Probable cost of additional works. i.e. for Homes for Multiple Occupation (HMO) with reports from local authority and Fire Service. Improvement costs for electrical and gas installation and fittings/appliances.
M3.0 PASS TO RENTAL SURVEYS – As M1.0-1.5 and M2.0 Above plus renegotiate potential incomes, survey for insurance, electrical and gas installation plus reports, recommendations and documentation. Booking of essential services such as cleaning, building maintenance and such. To be arranged as required.
M4.0 RENOVATION – All renovation works are subject to term A2 of our Terms and Conditions. Measuring of total works, labour and procurement of materials including timescales for all are subject to alterations by the customer after survey report is published or unforeseen situations developing on the project. As such, changes to the description of works will inevitably extend the completion date. All works are subject to our Terms and Conditions of Business. No work will be undertaken without signed and stamped documents and plans approved by the local authority building and planning department. Plus any calculations of our structural engineers (no exceptions). Only our own recognized contractors and sub contractors are allowed access to the works. For insurance and health and safety purposes clients/visitors are only allowed access to the site accompanied by our director(s) or site managers. No person under 16 years is allowed on site. Construction Industry Scheme and where applicable Considerate Contractors Scheme will operate on our sites. Covid-19 testing and social distancing apply to all sites.
M5.0 STRUCTURAL – All structural work will only be carried out with accompanying plans, sketches, photos with structural engineers and local authority building and planning department approval. Unsupervised persons are not allowed on site during structural works. A minimum of two persons must be on site while structural works are being undertaken.
M6.0 BUY TO LET – Management of all our buy to let properties are provided by our approved letting agents. They will handle all contracts with property owners. We will provide three emergency telephone numbers for all services – electrical, gas and general builder. No works will be carried out by anyone except our approved contractors. Failure to observe will mean any contract is nullified and full payment of outstanding debts will be demanded. Any further work will require a full structural survey before our colleagues will visit the property. If we fail to attend or re-book work you will not be charged. Covid-19 testing and social distancing apply to all properties.
M7.0 HOLIDAY HOME AND BnB (Bed not Breakfast) – All items from M6.0 above apply. Administration of holiday lets are provided by our own team and arrangements will be made with our approved directory and with the property owner’s consent and approval by way of contract.
All holiday home contracts come with the following services as standard. Prices for these are reviewed annually:
- Landlords, public liability insurance
- Electrical and gas safety checks and reports
- Portable Appliance Testing
- Full emergency callout 24 hours – mobile number
- Directory cover (hotel.com, tripadvisor, booking.com etc)
- Full daily laundry and maid service
- Cancelled booking cover
- Local guide rack stocked with folded guides
- Backup internet connection
- Telephone support for facility help or room service
- All and any other service (as per contract)
M8.0 BUY TO SELL – All items from M1.0-M5.0. Plus any other by contract.
M9.0 PAYMENT – Payment for services agreed by contract terms is monthly, six monthly or annually. Payment can be made by BACS, Direct Debit or standing order. A cooling off period of 14 days applies to all services booked. Services ordered, booked and completed within 14 days are exempt from the 14 day cooling off period. Please refer to: (https://www.citizensadvice.org.uk/consumer/getting-home-improvements-done/cancelling-building-or-decorating-work/)
M10.0 ONLINE ACCOUNT – We provide an online account to manage your property, details of contract and resources. We will create your account with a temporary password when you book our services. You can change your account profile and use your account for making payments, accessing documents and accessing further services.
M11.0 INTERPRETATION – These guidelines are governed and shall be interpreted according to the Law of Scotland.
These terms are available in pdf format for download: www.genius-property.com/terms