Surveyor Referral Terms & Conditions

Your attention is drawn to clauses 4.11 and 13, which limit our liability to you. By proceeding, you confirm that you have read and understood those clauses.

• 1
  Introduction

1.1. These Standard Terms and Conditions (Terms and Conditions) apply where SAM Conveyancing (a trading name/style of Share a Mortgage Ltd company registered in England and Wales under company number 08798475) (We or Us or the Company) introduces you to one of our selected surveyors (the Surveyor) to complete your chosen survey (the Survey) for you.

1.2.These Terms and Conditions should be read in conjunction with the Website Terms and Conditions of Use Notice on our website found here - Website Terms and Conditions

1.3. You will enter into a separate agreement with the Surveyor who will provide services to you (the Surveyor Services or Surveyor Service).

1.4. As We act as the introducer, Our services (the Introducer Services) are limited to:

1.4.1. providing you with a quotation; and
1.4.2. introducing you to the Surveyor.

1.5. You are deemed to have accepted these Terms and Conditions when you request a quotation from our website. These Terms and Conditions and the survey quotation (the Contract) are the entire agreement between us.

1.6. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. To the extent that any statement, promise or representation has been made by Us, these Terms and Conditions supersede those statements, promises or representations. These Terms and Conditions apply to the Introducer Service and Surveyor Services and exclude any other terms that you try to impose or incorporate or which are implied by trade, custom, practice or course of dealing.

1.7. We refer you to clauses 4.11 and 13, which address Our liability to you.

• 2
  Identities of Contracting Parties

2.1. You are entering into a contract with SAM Conveyancing. Apart from the liability of the Company, no personal responsibility is accepted by any of the Directors, Shareholders or Employees of the Company, and no personal duty of care or other personal obligation is accepted.

2.2. As We act as an introducer, We do not provide the Surveyor Services. The Surveyor should send you their terms of engagement prior to the Survey being undertaken.

• 3
  Interpretation

3.1. A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.

3.2. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.

3.3. Your survey quotation is based on the information you provide to Us, so if the information you provide is incorrect or changes, please let us know so we can provide you with an updated quotation. Any information provided by you which is not correct allows us to terminate this contract. In the event of termination under this clause, any rights accrued by us against you remain enforceable.

3.4. The Company can only introduce a Surveyor Service in England and Wales.

3.5. You must be 18 or over to be entitled to the Surveyor Service on the relevant property.

• 4
  Scope of the Surveyor Service

4.1. The Surveyor introduced by Us to you should be competent to provide the Surveyor Service as follows:

4.2. All Surveyors introduced by Us are regulated for the Surveyor Services they provide either by the Royal Institution of Chartered Surveyors (RICS) or an appropriate regulator for the Surveyor Service they provide.

4.3. You are deemed to have accepted the introduction to work with Our introduced Surveyor upon receipt of the payment for the Survey.

4.4. We will provide personal details to the Surveyor to complete the Survey for you, which include, but are not limited to:

4.4.1. Full name – the Surveyor will use this on the front of your Survey.
4.4.2. Home address – the Surveyor will use this on the front of your Survey.
4.4.3. Email – the Surveyor will use this to send you the completed Survey.
4.4.4. Contact Number – the Surveyor will use this to call you for the post survey call.

4.5. The Surveyor acts independently to Us in the delivery of the Surveyor Service.

4.6. The Surveyor shall submit their terms and conditions to you prior to the date of the Survey (Survey Date). If you want to cancel, you can do so following the cancellation policy below in clause 10.

4.7. The Survey shall take place on the Survey Date, which is a date agreeable with you, the estate agent (if applicable) and/or the property owner (if applicable).

4.8. The Surveyor shall use their reasonable endeavours to complete the performance of the Surveyor Services within the time agreed; however, any such dates shall be estimates only, and time shall not be of the essence in the performance of their obligations.

4.9. The Survey takes place on the Survey Date that is agreeable with you, the estate agent (if applicable) and the property owner. Where it is previously agreed, the Surveyor provides a detailed analysis over the phone with you after the Survey has taken place, and then the Surveyor delivers the written Survey by email between 5 working days after the Survey Date. There are occasions where the report can take longer than 5 working days, and you will be informed if this is the case.

4.10. Level 2/Level 3 Home Survey, Building Surveys, Property Valuations and Lease Extension Valuations are non-intrusive visual inspections in accordance with the RICS regulations. If you require the Surveyor to inspect areas of the property that require access being granted, then the obligation is on the owner of the property to grant the access. The Surveyor is not responsible for obtaining access on the day of the Survey. Where access is not provided, and you ask the Surveyor to revisit the property, a charge of £200 plus VAT is payable.

4.11. We are not the Surveyor and do not complete any regulated part of the Surveyor Service or Survey. We do not take any responsibility for, nor accept any liability in relation to, the Surveyor Service provided by the Surveyor or the availability of the Survey. Please refer to clause 13 of these Terms and Conditions for further information.

• 5
  Fees and Payment

5.1. Payment is made directly to SAM Conveyancing. The fees for the Surveyor Service are set out in the written quotation.

5.2. The payment you make to Us for the costs of the Survey is passed on as agent to the Surveyor, less our marketing fee for introducing you.

5.3. All sums payable under the Contract are inclusive of value added tax and other taxes or levies, which shall be payable in addition.

5.4. SAM Conveyancing shall not be responsible for any costs incurred by you, the Surveyor, or any other third party unless such costs have been agreed by Us, in writing, in advance.

• 6
  Confidentiality

6.1. Each party agrees that it shall not at any time disclose to any person any confidential information except as permitted in these Terms and Conditions.

6.2. We may disclose your confidential information to:

6.2.1. our affiliates, or group companies, employees, officers, representatives or advisers who need to know such information for the purposes of carrying out our obligation under the Contract or to the extent necessary to facilitate the introduction; and
6.2.2. as may be required by law or any governmental or regulatory authority.

6.3. No party shall use the other party’s confidential information for any purpose other than to perform its obligation under the Contract.

• 7
  Term and Termination

7.1. The Contract shall continue until terminated in accordance with these Terms and Conditions.

7.2. Either party may terminate the Contract by giving to the other party 14 days written notice. Where the Surveyor Service has been arranged, please refer to clause 10.2 and note that cancellation costs may become payable.

7.3. Either party may terminate the Contract by giving written notice to the other party if the other party breaches any provision of the contract and, if the breach is capable of remedy, fails to remedy it within 14 days after being given written notice giving full particulars of the breach and requiring it to be remedied.

• 8
  Effects of Termination

8.1 We may disclose your confidential information to:

8.1.1. any introduction fees or other sums owing to us under any of the provisions of the Contract shall become immediately due and payable;
8.1.2. all clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Contract shall remain in full force and effect
8.1.3. termination shall not affect or prejudice any right to damages or other remedy which we may have in respect of the event giving rise to the termination or any other right to damages or other remedy which we may have in respect of any breach of the Contract which existed at or before the date of termination;
8.1.4. except as provided in this clause 9 and in respect of any accrued rights, we shall not be under any further obligation to you; and
8.1.5. you shall (except in reference to clause 7) immediately cease to use, either directly or indirectly, any confidential information and shall immediately return to us any documents in your possession or control which contain or record any confidential information.

• 9
  Cancellation Policy

9.1. If you need to cancel for any reason, please call our office on 0333 344 3234. We are open Monday to Friday from 8am to 6pm or Saturday 11am to 1pm. Following a call with our office, you should email Us regarding the cancellation of the Surveyor Services.

9.2. If you request the Surveyor Service to start straightaway by booking a Survey Date within the next 14 days, you still have the right to cancel, but you must pay for the value of the Surveyor Service that is provided up to the point you cancel, which is as follows:

• 2 or more working days before the Survey Date – full refund of the Survey paid.
• 1 to 2 working days before the Survey Date - £60 including VAT charge and the balance of the Survey paid refunded.
• 1 working day or less before the Survey Date – no refund is payable to you.

9.3. If you cancel on the same day as the Survey Date or any time after the Surveyor has attended the property, then no refund is payable to you, however, the report will be delivered in accordance with the terms agreed with the Surveyor.

9.4. For the avoidance, we do not count hours for the time that we are closed. If your Survey Date is on a Monday at 10 am, you must cancel the Survey by 10 am on Thursday to get a full refund, 10 am on Friday to get a refund less £60, and after 10 am on Friday, there is no refund.

9.5. If you make a chargeback request with your card provider after the Surveyor Service has been delivered, then we reserve the right to change an additional £240, including VAT, plus any third-party legal fees in pursuing the settlement of our invoice. Such reasonable legal costs shall be recoverable from you under this clause on an indemnity basis.

• 10
  Assignment

10.1. The Company shall be entitled, without notice to you, to assign any of its rights these Terms and Conditions to any third party or to perform any of the obligations undertaken by the Company through any other member of its group.

10.2. Unless you have the written permission of the Company, you shall not assign, transfer, mortgage, charge, or subcontract any rights you have in these Terms and Conditions.

• 11
  Entire Agreement

11.1. These Terms and Conditions and the Contract constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

11.2. Each party acknowledges that, in entering into the Terms and Conditions and the Contract, it does not rely on any representation, warranty, assurance or other provision (made innocently or negligently) except as expressly provided in the Contract.

• 12
  Limitation and Exclusion of Liability

12.1. Nothing in these Terms and Conditions shall limit or exclude a party’s liability:

12.1.1. for death or personal injury;
12.1.2. for fraud or fraudulent misrepresentation; or
12.1.3. for any other act, omission, or liability which may not be limited or excluded by law.

12.2. Subject to clause 13.1, We shall not, under any circumstances, be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:

12.2.1. any loss of profit, sales, revenue, or business;
12.2.2. loss of anticipated savings;
12.2.3. any loss arising out of the lawful termination of this agreement or the Contract;
12.2.4. any loss that is an indirect or secondary consequence of any act or omission of the party in question;
12.2.5. any liability of the Surveyor arising in connection with the supply of Surveyor Services (please refer to the Surveyor’s terms of engagement in this respect).

• 13
  Severance

13.1. In the event that one or more of the clauses in these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) will be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

• 14
  Third Party Rights

14.1. No part of these Terms and Conditions are intended to confer rights on any third parties, and accordingly, the Contract (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions.

• 15
  Notices

15.1. All notices under these Terms and Conditions shall be in writing and be deemed delivered.

15.1.1. personally;
15.1.2. sent by pre-paid first class post or other next working day delivery service;
15.1.3. by commercial courier; or
15.1.4. by email to help@samconveyancing.co.uk

• 16
  Waiver

16.1. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right or remedy.

• 17
  Anti-bribery

17.1. The Company, acting as an introducer, shall:

17.1.1. comply with all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption, including but not limited to the Bribery Act 2010 ("Relevant Requirements");
17.1.2. maintain in place throughout the duration of the Terms and Conditions and the Contract its own policies and procedures, including adequate procedures under the Bribery Act 2010, to ensure compliance with the Relevant Requirements and enforce them when appropriate; and
17.1.3. be responsible for the observance and performance of this clause by any of its officers or employees.

• 18
  Data Protection

18.1. Both parties shall comply with any notification requirements and/or other obligations under the Data Protection Act 2018 and any other applicable data protection legislation which arise in connection with these Terms and Conditions.

• 19
  Force Majeure

19.1. No party to the Terms and Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

• 20
  Law and Jurisdiction

20.1. The Terms and Conditions and any dispute or claim (including non-Terms and Conditions disputes or claims) arising out of or in connection with its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales.

20.2. All disputes arising under the Terms and Conditions (including non-Terms and Conditions disputes or claims) shall be subject to the exclusive jurisdiction of England and Wales.

• 21
  Your Feedback Matters

21.1. We work very hard to make sure you receive the best service possible. If, at any time, during the Introducer Service or Surveyor Service, you are unsure of the next steps or need additional guidance or support, please contact us.

21.2. At the end of the Introducer Service, we will want to get your honest feedback. We want to hear if you had a great experience or if we can learn from any mistakes.

We hope that you are satisfied with the Introducer Service. Should this not be the case, please email help@samconveyancing.co.uk, who can process your complaint. An acknowledgement of the complaint should be sent to you in 7 days. A formal response shall be sent to you within 21 days from the date of your complaint.

We hope that you are satisfied with the Surveyor Service provided by the Surveyor. Should this not be the case, we set out the complaints procedure below, to be taken forward with the Surveyor. It is important to note that you can dis-instruct the Surveyor prior to the Surveyor Services or after. Please refer to clause 10, which addresses any cancellation fees which you may have to pay.

2.1. This stage addresses the majority of concerns as it will give you further clarity on the issues you raise. There are a few things that the Surveyor could do:

• Review and Report – the Surveyor may be able to further expand on points within the report and discuss these through with you, so you have a better understanding of the findings. You may find that further clarity helps in addressing any concerns.
• Revisit – if you haven’t yet purchased the property, then the Surveyor may look to revisit the property. There is no fee for doing so, and the objective is to review their original findings. There are many variables that affect a Survey such as the weather on the day. Any additional comments will be provided to you.
• Advise on Limitations – it may be that what you are concerned about is outside the scope of work for the Surveyor Service. This will be explained if this is the case. The scope of work was sent to you when we quoted. We list above the different scope of work for all our services.

2.2. This starts the formal process, and as such, you will need to write a formal complaint letter to your Surveyor, and this can be emailed to them. Please bullet point all issues and provide any evidence to support your claim.

2.3. The Surveyor should send you their formal complaints procedure which sets out their time frames to respond to your complaint. Upon receipt of your letter, the Surveyor should take all reasonable steps to resolve your complaint and may ask to revisit the property. After completing their review, the Surveyor writes to you in response to your complaint. This will hopefully address your concerns by providing additional information where possible.

2.4. RICS have instructed CEDR to handle complaints for disputes, so in the event that you are still unsatisfied with the Surveyor, you can raise your complaint with CEDR. You cannot raise a complaint to the dispute resolution service until you have raised a formal complaint with the Surveyor. The details of the dispute resolution service for your RICS Surveyor are:

2.5. The dispute resolution service is free for you to use and considers all information provided by you and the Surveyor. They provide their independent opinion on the delivery of the service by the Surveyor. If you are unhappy with the decision from the dispute resolution service, you can ask for a further review by another person at CEDR. If, after this further review, you are still unhappy, then you may wish to seek independent legal advice.