TERMS & CONDITIONS OF ENGAGEMENT
VERTON AERIAL LTD
These Terms & Conditions apply to all instructions accepted by Verton Aerial Ltd unless otherwise agreed in writing.
1. Definitions
In these Terms & Conditions:
“The Company” means Verton Aerial Ltd.
“The Client” means the person, company, organisation or representative instructing the Company.
“The Property” means the building, structure or site that is the subject of the inspection.
“The Inspection” means the visual inspection carried out by the Company.
“The Report” means the written report, images, photographs, schedules, notes and any supporting documents issued by the Company.
“The Services” means the inspection and reporting services instructed by the Client.
2. Basis of Engagement
By instructing the Company, the Client agrees to these Terms & Conditions. No variation shall apply unless confirmed in writing by the Company.
The Company provides independent roof inspection and reporting services using drone technology and visual observation. The Company does not, unless expressly agreed in writing, provide design services, contract administration, repair works, structural engineering advice, statutory certification or legal advice.
3. Scope of Service
The Company shall undertake an independent, non-invasive visual inspection of the instructed property or element thereof, limited to those parts that are visible, reasonably accessible and capable of safe inspection at the time of attendance.
The purpose of the service is to identify visible defects, apparent deterioration, maintenance concerns and areas that may warrant further investigation or remedial attention.
The Report shall be prepared on the basis of the agreed instruction only. Any services outside the agreed instruction shall be subject to further agreement and may incur additional fees.
4. Nature of Inspection
The Inspection is visual only and non-destructive in nature.
No opening up, dismantling, lifting of materials, disturbance of construction, intrusive investigation, destructive exposure or specialist testing shall be undertaken unless expressly agreed in writing before the inspection.
Observations and opinions are based on what could reasonably be seen at the time of inspection and should be read in the context of the stated scope, limitations, exclusions and recommendations.
5. Drone Inspection Limitations
Drone inspections are subject to environmental, operational and legal limitations, including but not limited to weather conditions, rainfall, wind, low light, obstructions, surrounding buildings, vegetation, site activity, third-party proximity, access restrictions, temporary hazards, airspace restrictions, privacy constraints and all relevant flight safety considerations.
The Company reserves the right to delay, limit, amend or abort the Inspection where conditions are considered unsafe, unlawful, unsuitable or likely to compromise the quality of the inspection.
The Company will carry out drone operations in accordance with applicable UK Civil Aviation Authority requirements and any other relevant laws or regulations in force at the date of inspection.
6. Internal Inspection
Unless expressly agreed in writing prior to attendance, no internal inspection shall be undertaken.
This includes, but is not limited to, loft spaces, roof voids, attic areas, internal ceilings, insulation, concealed timbers, internal wall surfaces, ceiling voids and any hidden or enclosed spaces.
Where no internal inspection has been carried out, no opinion is given on the internal condition of the roof structure, felt or underlay, insulation, timbers, internal moisture condition, hidden decay or other concealed elements.
7. Visibility and Access
The Inspection is limited to what was visible and reasonably accessible on the date of attendance.
The Company shall not be responsible for identifying defects obscured by stored items, finishes, coverings, debris, vegetation, insulation, weathering, glare, lighting conditions, inaccessible geometry, neighbouring structures or any other obstruction affecting visibility.
No liability is accepted for defects that were not visible or reasonably detectable at the time of the Inspection.
8. Exclusions
Unless expressly stated otherwise in writing, the following are excluded from the scope of the Services:
(a) structural analysis, structural design review or engineering certification;
(b) building surveys, homebuyer surveys, mortgage valuations or valuation advice;
(c) invasive investigations, opening up works or destructive testing;
(d) moisture testing, flood testing, laboratory analysis, thermal analysis unless specifically instructed, core sampling, material testing or load testing;
(e) inspection, testing, certification or compliance review of electrical, plumbing, heating, gas, ventilation, telecommunications, lightning protection or other building services;
(f) inspection of solar photovoltaic systems or other specialist installations unless expressly agreed;
(g) identification, testing or confirmation of asbestos-containing materials, hazardous substances, contamination, fungal growth, insect infestation, timber decay species or other deleterious materials;
(h) legal, planning, party wall, listed building, conservation area, title, boundary or ownership matters;
(i) assessment of compliance with Building Regulations, planning consent, fire regulations, statutory approvals or warranty provider requirements;
(j) detailed repair specifications, tender documentation, schedules of work, contractor quotations or cost certainty;
(k) permanent leak tracing under all weather conditions or confirmation of the absence of leaks;
(l) any element not expressly included within the instruction.
9. Not a Structural Survey or Building Survey
The Report does not constitute a structural survey, building survey, homebuyer report, engineering assessment, valuation, mortgage inspection, warranty inspection or statutory compliance report.
The Company makes no representation that the Property is structurally sound, fit for purpose, compliant with legislation, free from hidden defects or suitable for purchase, lending, occupation, development or insurance purposes.
10. Hidden Defects and Concealed Construction
The Company cannot comment on or accept liability for concealed, latent or hidden defects, including defects behind finishes, beneath coverings, within enclosed voids or within inaccessible areas.
Where conditions suggest the possibility of hidden defects, the Company may recommend further investigation. Such recommendation does not confirm that a defect definitely exists, only that the available visual evidence warrants further examination.
11. Water Ingress and Moisture-Related Issues
The absence of visible staining, dampness or water ingress at the time of inspection does not confirm that leaks are not present.
Conversely, signs of staining, moisture damage or deterioration may relate to historic rather than active defects.
Water ingress can be intermittent, weather-dependent and concealed within the structure. Further specialist investigation may therefore be required before the source, extent or significance of any leak can be confirmed.
12. Condition and Future Performance
The Report reflects the apparent condition of the inspected elements at the date of inspection only.
No guarantee, warranty or representation is given as to future performance, remaining lifespan, weather tightness, durability, service life or ongoing condition of any material, component, detail or system.
13. Measurements, Dimensions and Plans
Any dimensions, areas, locations, orientations, sketches, marked-up images or references to extent are approximate unless expressly stated otherwise.
They must not be relied upon for construction, fabrication, ordering materials, legal documentation, valuation, title purposes or contractual work without independent verification.
14. Recommendations
Any recommendations contained within the Report are provided for general guidance only and in the context of the limited visual inspection undertaken.
References to repair, maintenance, replacement or further investigation should not be treated as quotations, specifications, method statements or contract documents.
The Client remains responsible for obtaining any further specialist advice considered necessary before making financial, legal, purchase, repair or contractual decisions.
15. Client Responsibilities
The Client shall provide accurate instruction details, access information and any known site restrictions relevant to the inspection.
The Client shall ensure that the Company has lawful authority to attend and inspect the Property.
Where the Client is not the owner of the Property, the Client warrants that they have the necessary permission to instruct the Company and receive the Report.
16. Reliance on the Report
The Report is prepared solely for the named Client and for the specific purpose stated in the instruction.
No duty of care, responsibility or liability is accepted to any third party, lender, purchaser, tenant, contractor, consultant, insurer, agent or other party unless expressly agreed in writing by the Company in advance.
The Report must not be reproduced, circulated, published, assigned or relied upon by any third party without prior written consent from the Company.
17. Liability
Nothing in these Terms & Conditions shall exclude or restrict liability for death or personal injury caused by negligence, fraud or any liability that cannot lawfully be excluded.
Subject to the foregoing, the Company’s total aggregate liability arising out of or in connection with the Services, the Inspection and/or the Report, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited to the lower of:
(a) the fee paid for the relevant Services; or
(b) the amount recoverable under the Company’s applicable Professional Indemnity Insurance policy in respect of the claim.
The Company shall not be liable for any indirect, consequential, special or economic loss, including but not limited to loss of profit, loss of opportunity, loss of value, transaction delay, aborted sale, financing loss, increased contractor costs or business interruption.
18. Insurance
The Company shall maintain appropriate insurance cover in respect of its activities, including Public Liability Insurance and Professional Indemnity Insurance, subject always to the terms, conditions, exclusions and limits of such policies.
Evidence of insurance may be made available on request.
No statement within the Report or these Terms & Conditions shall be interpreted as extending liability beyond the scope of the Company’s insurance or beyond the limits otherwise stated in these Terms & Conditions.
19. Fees and Payment Terms
The Company’s fee shall be as set out in the quotation, confirmation of instruction, invoice or other written agreement.
Unless otherwise agreed in writing, payment is due within 5 calendar days from the invoice date.
The Company reserves the right to charge statutory interest and reasonable recovery costs on overdue sums in accordance with applicable legislation.
The Company may withhold the Report, high-resolution imagery, supporting documents or any final deliverables until payment has been received in full.
20. Consumer Cancellation and Cooling-Off Period
Where the Client is acting as a consumer and the contract is concluded at a distance or off-premises, the Client may have a statutory right to cancel within 14 days of entering into the contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
If the Client requests that the Services begin during the 14-day cancellation period, the Client expressly agrees to the early commencement of the Services.
If the Services are fully performed within the cooling-off period at the Client’s request, the Client acknowledges that the right to cancel may be lost.
If the Client cancels after the Company has begun work at the Client’s request but before the Services are fully completed, the Company may charge for work carried out, time spent, travel undertaken, administration and any non-recoverable costs incurred up to the date of cancellation.
21. Cancellation and Postponement
If the Client cancels or postpones the instruction after an appointment has been arranged, the Company reserves the right to charge a reasonable fee reflecting administration, scheduling, travel time, attendance, preparatory work and any other costs incurred.
If the Company is unable to complete the inspection due to lack of access, unsafe conditions, incorrect information, or matters outside the Company’s control, the Company reserves the right to charge for abortive time and attendance.
22. Force Majeure
The Company shall not be liable for delay, rescheduling, partial performance or non-performance arising from events outside its reasonable control, including but not limited to adverse weather, equipment failure, GPS or signal issues, flight restrictions, access denial, illness, transport disruption, site hazards, governmental restrictions or other force majeure events.
23. Complaints
Any complaint regarding the Services or the Report should be made in writing as soon as reasonably possible and, in any event, within 14 days of receipt of the Report.
The Company will review the complaint and respond within a reasonable time.
24. Data, Images and Records
The Company may retain notes, photographs, video footage, flight logs, correspondence, invoices and report records for reasonable business, insurance, legal and compliance purposes.
Copyright in the Report, images and supporting documents shall remain with the Company unless otherwise agreed in writing.
The Client is granted a non-exclusive licence to use the Report for the purpose for which it was commissioned, subject to payment in full and these Terms & Conditions.
25. Governing Law and Jurisdiction
These Terms & Conditions and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction to determine any such dispute or claim.