TERMS OF BUSINESS

These Terms of Business apply to all instructions accepted by FBSA Technology Ltd ("FBSA", "we", "our", "us"). By instructing FBSA to carry out a Survey, inspection, investigation or reporting service, the Client agrees to be bound by these Terms.

1. Definitions

Client means the individual, company, organisation or entity instructing FBSA.

Survey means the inspection, investigation, testing, assessment and reporting services provided by FBSA.

Report means any written report, findings, observations, conclusions, recommendations, photographs, data or supporting documentation produced by FBSA.

Property means the building, structure or location subject to the Survey.

2. Scope of Service

FBSA provides independent forensic building investigation, moisture diagnosis, defect analysis and expert reporting services.

FBSA does not carry out, arrange, specify contractors for, supervise, warrant or undertake repair, remedial, installation, maintenance, treatment or construction works.

All investigations are undertaken in accordance with the AD4 Standard and recognised industry good practice applicable at the time of the Survey.

Unless specifically agreed in writing, FBSA's appointment does not include project management, contract administration, design services, structural engineering services, legal advice, valuation services, environmental assessments or ongoing monitoring.

3. Nature of Investigation

The Survey is an inspection and diagnostic exercise based upon conditions observed and information available at the time of inspection.

The Report represents FBSA's professional opinion based on the evidence available on the inspection date.

No inspection can identify every defect, condition or future issue affecting a Property.

FBSA does not guarantee that all defects, hidden conditions, moisture sources, structural issues or future failures will be identified.

The Client acknowledges that building defects and moisture conditions may change over time.

4. Access and Inspection Limitations

Inspections are limited to areas that are reasonably accessible, visible and safe at the time of attendance.

FBSA shall not be responsible for defects or conditions concealed by:

• Finishes, coverings or decorations
• Furniture, storage or contents
• Fixed joinery or fitted units
• Inaccessible voids or cavities
• Underground services
• Locked or restricted areas
• Safety constraints
• Concealed structural elements

No destructive or invasive investigation will be undertaken unless specifically agreed in writing.

Where access limitations exist, findings and conclusions may be affected accordingly.

5. Client Responsibilities

The Client shall:

• Provide accurate information regarding the Property.
• Obtain all permissions necessary for access.
• Ensure safe access to the Property.
• Inform FBSA of any known hazards.
• Provide relevant documents where requested.
• Ensure utilities are available where necessary for testing.
• Notify FBSA in advance of any known or suspected hazardous materials, substances or conditions at the Property, including (without limitation) asbestos-containing materials, lead, chemical contamination, biological hazards, mould contamination, unsafe structures or other health and safety risks.

If attendance is prevented, delayed or restricted by circumstances outside FBSA's control, additional charges may apply.

6. Booking Deposit

A booking deposit of £90 is payable when the instruction is accepted.

No inspection date shall be reserved until the deposit has been received in cleared funds.

The booking deposit is credited against the final invoice.

The deposit is non-refundable except where FBSA cancels the appointment and is unable to offer a reasonable alternative date.

7. Fees and Payment

Unless otherwise agreed in writing, FBSA's current pricing schedule shall apply.

The balance of fees becomes due immediately upon completion of the Survey and prior to release of the Report.

FBSA reserves the right to withhold the Report and any supporting information until all outstanding fees have been paid in full.

All invoices shall be payable in pounds sterling.

The Client shall not withhold payment on the basis of any dispute, claim or counterclaim.

Commercial clients may be charged interest on overdue sums at a rate of 8% above the Bank of England base rate, together with any applicable statutory compensation and recovery costs.

8. Cancellation and Non-Attendance

If the Client cancels:

• More than 48 hours before the appointment, the booking deposit will be retained.
• Within 48 hours of the appointment, up to 50% of the agreed Survey fee may be charged.
• On the inspection date, after attendance has commenced, or where access cannot be gained, 100% of the Survey fee shall be payable.

Requests to reschedule may be treated as cancellations where reasonable notice is not provided.

FBSA reserves the right to charge for wasted travel time, mileage, accommodation and other costs reasonably incurred.

9. Reports and Recommendations

Reports are prepared solely for the Client identified in the Report.

Recommendations are provided for informational purposes only and implementation remains entirely the responsibility of the Client and their chosen contractors or advisers.

Where further specialist investigation is recommended, the Client acknowledges that conclusions may change if additional information becomes available.

FBSA accepts no responsibility for decisions taken by the Client or third parties based upon incomplete implementation of recommendations.

10. Third-Party Reliance

The Report is produced exclusively for the commissioning Client and for the purpose stated in the Report.

No responsibility, duty of care or liability is accepted to any third party.

No third party may rely upon the Report without FBSA's prior written consent and on terms acceptable to FBSA.

Unauthorised distribution or reliance shall not create any liability whatsoever on the part of FBSA.

11. Intellectual Property

All intellectual property rights in the Report, AD4 Standard, methodologies, templates, photographs, graphics, data, systems and supporting documentation remain the property of FBSA.

Upon payment in full, the Client is granted a non-exclusive, non-transferable licence to use the Report solely for its intended purpose.

The Report may not be reproduced, altered, published, distributed or used for commercial purposes without FBSA's prior written consent.

12. Confidentiality and Data Protection

FBSA shall process personal information in accordance with applicable UK data protection legislation, including the UK General Data Protection Regulation and the Data Protection Act 2018.

Information relating to the Client and Property shall be treated as confidential except where disclosure is required:

• By law
• By a court or regulatory authority
• For debt recovery purposes
• To professional advisers, insurers or legal representatives

FBSA may retain Reports, photographs, measurements, correspondence and associated records for a minimum period of fifteen (15) years, or for such longer period as may be required by law, regulatory obligations, insurance requirements or legitimate business purposes.

13. Limitation of Liability

Nothing in these Terms excludes or limits liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot lawfully be excluded or limited

Subject to the above, FBSA's total aggregate liability arising from or in connection with the Survey, Report or services provided shall not exceed the total fees paid by the Client for the relevant Survey.

FBSA shall not be liable for:

• Indirect loss
• Consequential loss
• Loss of profit
• Loss of revenue
• Loss of business opportunity
• Loss of rental income
• Loss of goodwill
• Diminution in property value
• Increased construction or repair costs
• Any costs incurred before obtaining professional advice

All claims must be notified in writing within twelve months of the Report date.

14. Reliance Period

No action, claim or proceedings arising from the Survey, Report or services provided by FBSA may be commenced more than six (6) years after the date of the Report.

15. Force Majeure

FBSA shall not be liable for any failure or delay in performing its obligations where such failure or delay results from events beyond its reasonable control, including adverse weather, illness, transport disruption, utility failure, industrial action, natural disaster or governmental action.

16. Complaints

Any complaint concerning the Survey or Report must be made in writing within a reasonable period after the matter becomes known to the Client.

FBSA shall be given a reasonable opportunity to review and respond to any complaint before legal proceedings are commenced.

17. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, the remaining provisions shall continue in full force and effect.

18. Dispute Resolution

In the event of any dispute, claim or complaint arising out of or in connection with the Survey, Report or services provided by FBSA, the Client shall notify FBSA in writing, setting out the nature and details of the dispute.

The parties shall attempt in good faith to resolve the dispute through discussion and negotiation before commencing legal proceedings.

If the dispute cannot be resolved within 30 days of written notification, either party may propose that the matter be referred to mediation conducted by an independent mediator agreed between the parties.

Nothing in this clause shall prevent either party from commencing legal proceedings where necessary to protect its legal position, enforce payment obligations, seek injunctive relief, or where limitation periods may otherwise expire.

19. Entire Agreement

These Terms, together with any written quotation or engagement documentation issued by FBSA, constitute the entire agreement between the parties and supersede all previous discussions, representations or understandings.

20. Governing Law and Jurisdiction

These Terms 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 dispute arising out of or in connection with these Terms.

FBSA Technology Ltd
Company No. 17249280

Independent Forensic Building Investigation & Reporting Services

Operating under the AD4 Standard®