Tayross Associates Limited CRN 07938966
Terms and conditions of business: Last updated December 2023
Note: (a) These terms contain a limitation of liability (condition 5)
(b) These terms contain a right to cancel (condition 7)
(c) The Party Walls (etc.) Act 1996 is also referred to as the 1996 Act
1. These terms and conditions apply to the services to be provided by Tayross
Associates Limited CRN 07938966 (Tayross or the Company) to the Client as named in the acknowledgement of instructions from Tayross
2 Tayross provides the following categories of services and in the acknowledgement of instruction identifies the category of services that it will provide:
2.1 Acting as an agreed Party Surveyor for an owner and adjoining owner or as an independent Party Award surveyor
2.2 Residential house level three surveys
2.3 Defect reports and Scott Schedules
2.4 Condition valuations and surveys
2.5 Construction project management
2.6 Contract administration & management
2.7 Commercial Dilapidations
2.8 Building Dispute reports
2.9 Boundary disputes
Note 1: not including land surveys which we sub-contract
Note 2: Court attendance charged per report & hearing
2.10 General licences
2.11 Other general surveyor services
2.12 The provision of External Wall System Fire Review Certificates
The scope of the Services will be detailed in the applicable contractual document which can be one or more of;
(a) letter of acknowledgement and instruction sent by Tayross to the Client evidencing the contract for the supply of the Services incorporating these conditions, or,
(b) Sample template survey provided on acceptance of instructions, or,
(c) Other letter from Tayross setting out the basis upon which Tayross is prepared
to act for the client
(d) In the absence of any such document on these terms and conditions in the form
that they exist at the commencement of work by Tayross for the client shall
In no circumstances will Tayross act for a client otherwise than on the terms, conditions and basis contained in documentation issued by Tayross or these general conditions. In the event of any conflict the terms of express documentation issued by Tayross shall prevail.
No other services
3.1 Tayross does not provide any other services and the Client acknowledges and agrees that if any other aspect, advice, information, calculation, reference or other act or omission falls or may fall to be performed, advised, tendered or included by Tayross whether expressly or implied to the Client it and or they do not form part of the Services provided by Tayross, are gratuitous not intended to be relied upon and shall not form part of any contractual or tortious relationship between the Company and the Client and shall not give rise to any form of liability or obligation contractual or otherwise whatsoever and without limitation.
3.2 In the event that Tayross provide and or deliver Services outside, additional to or exceeding the scope of the original Services contracted for but within the type and nature of the Services that Tayross can provide then Tayross shall be entitled to charge invoice and be paid for all such services and all and any parts thereof on the like terms as to hourly rate, time for payment and these general conditions as if those additional or excess Services had been contracted for within the initial contractual documentation.
Reasonable care and skill
4. The company Tayross will provide the Services under Clause 2 above in the identified category using reasonable care and skill commensurate to the experience of the surveyor delivering the Services; where more than one to the standard of the most experienced. Tayross may utilize the services of newly qualified personnel to provide the Services.
Exclusion of liability (personal)
5.1 The parties acknowledge and agree (as a fundamental term) that no employee, director, worker, contractor or consultant of or to Tayross has a contract with the Client who has contracted solely with the limited company Tayross and that no duty of care or personal liability or obligation of any description to the Client arises on any such individual or person. The Client agrees that they will not seek to bring any claim against any such individual or person personally whether directly or by virtue of any connection or contract or office held by them in connection with any services provided by Tayross including any Party Wall Award, Building Works Valuation, survey, assessment or report.
Exclusion of liability (corporate)
5.2 Liability of the company Tayross for negligence, mistake, fault, failure to observe professional standards, failure to identify applicable regulations or standards or any other negligence whatsoever is excluded save as provided in clause 5.6 below
5.3 Liability is excluded for any remote, ancillary, indirect, consequential, and or any purely financial loss including any costs of financing, also loss of opportunity or bargain or any other loss whatsoever save for the directly attributable costs of remediation of the negligence or failure in care proved to the standard required by the courts of England & Wales.
5.4 Where a claim arises by the Client against Tayross after the sale, lease, licence, purchase party wall agreement or other dealing of whatever interest in a residential or commercial property (whether by the Client or not) and the damage, defect or faulty construction material occurrence or other matter whatsoever would have been covered in whole or in substantial (greater than 50%) part by the owner, adjoining owner, vendor, purchaser or Client's insurance if a claim had been made within any applicable primary limitation period by any insured person then liability to the Client is excluded to the extent that such a claim would have been covered by such insurance whether or not a claim was or was not made and whether or not such a claim could or could not have been made by the Client. It is a matter for the Client to ensure that the Client acquires or preserves such rights as may be necessary in respect of such policy or policies of insurance.
5.5 Liability is wholly excluded for any matter act, thing, omission, default, negligence, or other matter whatsoever (save for fraud and personal injury) in respect of any service outside the scope of the Services and clause 5.6 below does not apply to this sub-clause.
Limitation of Liability (cap - not fraud, personal injury or death)
5.6 Tayross's aggregate liability arising out of, or in connection with services provided by Tayross whether arising from negligence, breach of contract, failure to identify an applicable regulation or requirement, defective drafting of a Party Wall Award or any other fault, default or cause whatsoever, shall in no event exceed 10 times the fee for the Services contracted to be provided by Tayross. This clause shall not exclude or limit our liability for actual fraud, and shall not limit Tayross's liability for death or personal injury caused by Tayross's negligence.
5.7 The Client specifically agrees and acknowledges that the exclusion and or limitation of liability is reasonable within the meaning of the Consumer Rights Act 2015 and or the Unfair Contract Terms Act 1977 as applicable reflecting the terms of the Client's instructions, the relative bargaining position of the Client and Tayross in a competitive market and where applicable any constraints on access to hidden or concealed aspects or features of any building or adjoining building either not readily accessible or not apparent on a visual inspection without effecting interference to fabric, coverings or structures.
Client's instructions (conflict)
6. Where there is a conflict between the Client's instructions and these conditions these conditions shall prevail save and except where a specific limitation or extension of the scope of services or exclusion of a part or type of service has been specified by Tayross reflecting an applicable constraint or prohibition or extension in the individual case or the nature, scope, extent and terms of the Client's instructions or a reduced or modified fee payable to - Tayross.
Cancellation (14 days)
7.1 Where the Client is a consumer under the Consumer Contracts (Information Cancellation and Additional Charges) Regulations of 2013 (the 2013 regulations) the Client has the right to cancel the contract with Tayross for the period of 14 days as defined in the 2013 regulations starting from the day after a contract is concluded between Tayross and the Client.
7.3 This is an additional right and does not affect your statutory right to reject faulty goods or unsatisfactory services and any other rights you may have as a consumer under the Consumer Rights Act 2015.
7.4 In accordance with Regulation 36 of the 2013 regulations the Client's right to cancel is lost if Tayross completes the supply of the Services within the 14 day cancellation period with the agreement express or implied of the Client and otherwise the Client will be liable for payment for any services part performed in accordance with that regulation.
7.4 Please note: provision of the Services will not commence until the end of the 14 day cancellation period unless you contact us by email, letter or social media (to an address, uniform resource locator (url), and media in which Tayross has a registered domain, tag, number, internet address or location and which Tayross has held out to be a monitored service to which it would be reasonable to send such a legal notification) and request that we commence the services prior to the end of the cancellation period in which case you will be taken to have agreed to the loss or amendment of your right to cancel in accordance with regulation 36 of the 2013 regulations
7.5 You must notify Tayross of your decision to cancel the contract in writing.
7.5.1 The notice of cancellation must be in writing, and be either in accordance with the model cancellation form set out in Schedule 3 (Information about the exercise of the rights to cancel) of the 2013 regulations or be in the form of another document setting out the decision to cancel.
7.5.2 The service of the notice of cancellation may be given in any of the following ways:
a) by hand to the address given below
b) by post to the address given below
c) by email to email@example.com
Where a notice of cancellation is issued, then the end of the cooling off period will be:
14 days after the day on which the contract is entered into
7.6 Under regulation 36 of the 2013 regulations where Tayross begins the supply of the Services or any part or element of the Services during the period of 14 days from the date of the contract between Tayross and the Client at the request of the client and the Client subsequently exercises the right to cancel during the 14 day period then:
7.6.1 The Client will have to pay for the Services or part thereof supplied or undertaken (whether or not supplied) during the time up to when the Client informed Tayross of their decision to cancel.
7.6.2 What the Client will pay will be in proportion to what has been supplied in comparison with the full contract price. The amount is to be calculated either:
(a) on the basis of the contract price, or at the option of Tayross,
(b) a charge calculated on hourly rates at the rate of £200.00 per hour based upon the market price of what has been supplied, (calculated by comparing the prices for similar services from other surveyors) and irrespective of the contact price which will have reflected a discount on hourly rate.
8. Tayross has a formal complaints procedure in the unlikely event of dissatisfaction. A copy of the Complaints Procedure will be provided on request and is available on the Tayross website.
Legal services, structural calculations and enforceability
9. Tayross does not provide:
(a) Legal services generally or advice on interpretation or enforcement through legal court or arbitral processes, or,
(b) Structural engineer calculations, designs, assessments or advice
(c) Specialised as opposed to general planning advice
(d) Architectural Planning services
(g) hazardous materials, contaminated Soils,Gas, electrical, boiler, PAT testing, lights, switches, thermostats, door entry systems, control systems, fire alarms, security apparatus and alarms, and or visual surveillance systems, or any other appliance, fixture or fitting check which will need to be inspected by a properly competent and qualified engineer
Party Wall services
10. Party Wall surveyor services are delivered under the statutory scheme of the Party Wall Etc. Act 1996 which prescribes the rights and liabilities of Party Wall surveyor and Building owner or Adjoining owner. Fees, disbursements and charges for Services delivered by Tayross under the 1996 Act are recoverable under statute but subject thereto:
Where Tayross provides Party Wall Surveyor advice and in particular advises on the terms of a Party Wall Award the Services will generally be limited to:
(a) Service of compliant notices under the Party Walls (etc.) Act 1996 and advice upon the terms of any Notices received
(b) A condition survey (where acting for an owner or adjoining owner)
(c) A survey of and advice upon the suitability of the terms of a proposed Award
(d) Negotiation of the terms of an Award
(e) General advice upon the terms and effect of the Party Wall (etc...) Act 1996
(ff) Issue of an Award under the 1996 Act once terms are agreed
Fees and charges (client money) Hourly rate
11.1 The Client, Building Owner and or Adjoining Owner as the context requires agrees to pay our fees and charges.
11.3 Tayross will provide an estimate of fees at the outset but the Client expressly acknowledges:
11.3.1 This is an estimate only and not a fixed fee
11.3.2 The estimate is provided by Tayross in good faith but cannot take account for:
(a) every eventuality particularly construction details or features not readily apparent on a visual inspection carried out without lifting floorboards, making inspection holes in materials, removing accumulated contents obstructing inspection, digging holes, exposing concealed wiring, drains or plumbing and removing test sections of screed, stucco or pebbledash.
(b) unreasonable delay, refusal to communicate or excessive communication or other difficulty or unreasonable conduct by any other party or their party wall surveyor or other advisors or professionals in negotiating the terms of a Party Wall Award
(c) extension of the work required beyond the usual predictable norms
(d) Failure or delay to provide reasonable prompt instructions by the Client
(e) Time engaged on the Client's matters extending beyond the usual or reasonable period that would normally or customarily be required by reference to the time spent on other current and past Tayross clients within the immediately preceding 12 calendar months
(f) Any other matter, thing, commercial change, change in Tayross personnel or occurrence whatsoever not within the reasonable foreseeability of Tayross when providing the estimate
11.4 The fees and charges may exceed the estimate and are not limited by reference to an estimate where any of the matters detailed in 11.3.2 apply save where regulation 36 of the 2013 regulations applies.
11.5 Fees charges or expenses (if any) taken in advance are not client money and are not subject to the RICS client money protection scheme
11.6 Where Tayross receives an instruction for Services from a Lender or Panel then this clause does not apply unless you have received an estimate directly from Tayross
11.7 Where no other rate is specified or detailed in the contractual communication then an hourly rate of £200.00 per hour plus VAT shall apply for all and any part of Services provided by Tayross on a time spent basis.
11.8 Tayross will not be determining the locations of boundaries between properties if engaged on works as a party wall surveyor as this is outside the remit of a Party Wall Surveyor. The Party Wall Etc Act 1996 does not authorise surveyors to deal with this matter.
Tayross can be involved with negotiations involving the boundary/s between properties if separately instructed to do so. However, we have no legal jurisdiction to determine boundaries.
11.9 In the unique situation where no schedule of condition, site visit or award is required for all the Adjoining Owners, then Tayross will only charge costs for the administration, coordination, communications and serving of the notices. This will equate to 25% of the total quoted fee plus VAT. Payment is due on confirmation from Tayross that no schedule of condition, site visit or award is required from Tayross.
Time for payment, Interest and Judgement for fees - 1996 Act
Additional charges where access is denied or impracticable
12.1 Where Tayross are instructed only to service Notices under the 1996 Act then Tayross's fees charges and expenses are payable immediately upon service of the notices.
12.2 Otherwise for services provided under the 1996 Act fees charges and expenses are payable on the day of service of the Party Wall Award before the issue or sending (including the day of issue or sending) of a Tayross invoice to the address of the client that Tayross has recorded in the letter of Instruction (or other contractual communication) save where express notification of a new or changed address has been received by Tayross from the Client after that date.
12.3.1 Where Tayross provides Building Surveys and reports payment is required in full before issue of the report.
12.3.2 Where Tayross are unable to obtain sufficient access to a property or any part or parts thereof to by reason of objects, contents, clutter, rubbish, denial of access, loss of keys or other means of opening doors or windows such that In the professional judgement of Tayross they cannot provide a professional survey report then the Client will pay an additional charge or fee of 30% of the original estimated fee on top of and in addition to the original estimated fee to reimburse the additional time and expense incurred by Tayross
12. 4 Service of an invoice by email and or in electronic form by other media to the Client is good service and Tayross shall not be required to provide or serve a hard or paper copy invoice
12. 5 Where the 1996 Act applies the Client acknowledges that the fees and charges are due and payable and save for the dispute mechanism provided for in the 1996 Act the Client consents to the signing of judgement in favour of Tayross as soon as the fees changes and expenses fall due and are payable
12.6 Interest is payable on all unpaid monies at an annual simple interest rate of 8 per cent per annum (8% pa) as well before as after judgement. Such interest shall accrue daily and is due and payable concurrently with the fees charges and expenses on the date of actual payment.
12. 7 Tayross may (at the sole option of Tayross but Tayross not shall not be obliged so to do) accept part payment of any sum or sums due and any such acceptance shall not in any circumstances affect diminish restrict or prohibit the payment of all other further outstanding sums to Tayross.
12. 8.1 Tayross is a paperless office in that all reports issued awards et cetera are in the form of electronic communications. Tayross reserves the right to charge for hard paper copies of documents requested by a client.
12.8.2 Where a hard paper copy of a report, survey or advice is required Tayross will charge a fee of £100.00 plus VAT for each such hard or paper copy required. This fee is liable to be updated annually and is correct as at July 2022.
England and Wales exclusive jurisdiction
13. The law of England & Wales shall exclusively apply to any contract with or Services provide by Tayross and the courts of England & Wales shall have exclusive jurisdiction over any difference or dispute arising between Tayross the client or any assignee, third party, agent, nominee, trustee or derivative party or parties seeking to claim or dispute any liability or obligation under a contract with or by reference to any Services provided by Tayross.
Contracts (Rights of Third Parties) Act 1999
14. The Contracts (Rights of Third Parties) Act 1999 shall not apply to any contract with Tayross or to any Services provided by Tayross
No waiver or forbearance
15.1 No failure or forbearance by Tayross to insist upon the strict performance of any obligation of the Client or any other party or by Tayross to exercise any right, power or remedy consequent upon a breach default or failure by the Client shall constitute a waiver of any such breach or of any term, covenant or condition.
15.2 No express written waiver by Tayross of any default or non-performance by the Client or those claiming under or through the Client shall affect any other default or performance, or cover any other period of time, other than the default, performance or period of time specified in such express waiver.
15.3 No implied waiver shall arise or be deemed to apply by Tayross in any manner or form whatsoever
Houses in Multiple Occupation (HMO)
16. Specific HMO safety and space/amenity regulations are a complex matter and fall outside the scope of our normal Services and are outside the scope of a residential inspection. A survey report will therefore not cover these matters (unless an element is clearly unsafe from a visual inspection), or anything relating to HMO licensing or planning, and we would always advise you seek advice from a specialist and obtain the appropriate legal advice prior to any transaction.
Personal data - opting out
17.1 Tayross will process any personal data in accordance with the law from time to time for the purpose of providing the Services and any future services to you. The nature of the data we process is your; name, address, telephone number, email address and house information.
17.2 In entering into the contract with Tayross you consent to the disclosure of your personal data to third parties reasonably necessary to provide the Services and or for third parties to contact you about the provision of relevant services. These services may include, but are not limited to auctions, conveyancing, surveys, mortgages, EPC's, floorplans and removals services and other linked or ancillary service.
17.3 We will only transfer personal data where there is adequate protection and is restricted to the relevant purpose. If you would like to opt out of these communications from Tayross or such authorised third parties, you may do so by sending an email to firstname.lastname@example.org
Confidentiality - Client's use only
18. Any report to be provided as part of the Services shall be confidential to the Client and any other named person only, and no other person, for the specific purpose to which it refers. It may be disclosed to the Client's professional advisers, but it shall not be disclosed to any other person, nor reproduced in whole or in part without the prior written consent from Tayross, and a prior application in writing from the Client specifying the person to whom they would like the report disclosed.
Market Value and costs of repairs
19.1 The Report will not include a market value of the property.
19. 2 The report will not include a cost of identified repairs unless specifically agreed between the surveyor and client at extra cost.
19.3 If contracted for, Tayross will provide an indicative guide for repair costs but this is not and cannot be conclusive and can only relate to material costs at the date of the report which are in 2022 subject to change on a weekly basis. The costs estimate is a 'ball park figure' only, not definitive and intended as a guide only. It will usually cover any repairs the surveyor identifies but will under no circumstances include gas or electricity installations. The estimate guide for costs is calculated using RICS guidelines in conjunction with the surveyor's knowledge and experience.
20. If you have opted and paid for a report, it will include a reinstatement cost unless one can only be provided by a specialist (for example, some listed properties and/or those of unusual construction, such as oak framed timber buildings).
Additional conditions for Building structural surveys and valuations
(1) Accessibility and Voids
The Surveyor will inspect as much of the surface area of the structure as is practicable but will not inspect those areas which are covered, unexposed or not reasonably accessible.
The Surveyor will not normally lift sample loose floorboards or concealed trap doors, if there are any, or move or remove heavy furniture, ply or hardboard, fitted carpets or other fixed floor coverings.
The Surveyor will inspect the roof spaces if there are available hatches of a sufficient size to enable reasonable access. Please note that hatches over stairs stairwells/staircases will not be considered accessible. The Surveyor will have a ladder of sufficient height to gain access to a roof hatch or to a single storey roof, not more than 3.0 m (10'0") above the floor or adjacent ground. It might therefore not be possible to inspect roofs or roof spaces above this level; in such cases, pitched roofs will be inspected by binoculars and the roof-space not inspected unless safe access can be provided. The Surveyor will follow the guidance given in Surveying Safely issued by the RICS in November 2018, which incorporates the guidance given in Guidance Note INDG405 on the safe use of ladders and step ladders issued by the Health and Safety Executive.
(4) Grounds and out-buildings
Buildings with swimming pools and sports facilities are also treated as permanent outbuildings, but the Surveyor will not report on the leisure facilities, such as the pool itself and its equipment, landscaping and other facilities (for example, tennis courts and temporary outbuildings). Any survey will not include plant, equipment such as filtration units which will need to be the subject of a specialist inspection by a qualified engineer.
The Surveyor will only carry out a visual inspection where accessible and practicable of the service installations. Please note it may not be possible to lift some Inspection Chamber covers. No tests will be applied. The Surveyor will report if, as a result of their inspection, they consider that tests are advisable and, if considered necessary, an inspection and report by a specialist should be obtained.
(6) Areas not inspected
The Surveyor will note in their report if they were not able to check any parts of the property that the inspection would normally cover. If the Surveyor is concerned about these parts, the report tells you about any further investigations that are needed. The Surveyor will not report on the cost of any work to put right defects or make recommendations on how these repairs should be carried out. However, there is general advice in the 'What to do now' section at the end of the report.
7.1 Unless otherwise agreed, the Surveyor will inspect only the subject flat and garage (if any), the related internal and external common parts and the structure of the building in which the subject flat is situated. Other flats or properties will not be inspected.
7.2 The surveyor will not enter on to any Private land that is not in control of the vendor.
7.3 The Surveyor will state in his Report any restrictions on accessibility to the common parts or visibility of the structure. The Surveyor will state whether he has seen a copy of the lease and, if not, the assumptions as to repairing obligations on which he is working.
7.4 The Client is reminded that, particularly on the case of large blocks, the object of the inspection is to give guidance on the general standard of construction and maintenance, pointing out those items which will require attention within, say, the next decade and not to list those minor points which would normally be taken care of in the course of routine maintenance.
7.5 Many flats form part of large developments consisting of several blocks. In such cases the Surveyor will be inspecting only the one block in which the flat is situated.
8.1 Surveys do not include an assessment of cladding or provision of External Wall Fire System Certificates save where a specific instruction for such certificate is acknowledged and agreed by Tayross and for which a separate discrete fee plus VAT is charged.
8.2 Regarding level 3 structural reports - the surveyor can only report on current condition of the property structurally and is not able to predict the future structural movement. As the latter would only be possible after a 12 month period of monitoring. However, the report will highlight areas where there may be a perceived risk of future movement; but of unknown measure.
Tayross Associates Limited CRN 07938966 December 2023.