AV McDonald & Company Property Consultants Limited
Trading as New Home Surveys
These Terms & Conditions apply to all Pre-Purchase Structural Surveys, Building Inspections, Reports, and related professional services carried out by AV McDonald & Company Property Consultants Limited, trading as New Home Surveys (“the Company”).
By instructing the Company, the Client accepts and agrees to these Terms & Conditions in full.
1. Definitions
For the purposes of these Terms & Conditions:
“Company” means AV McDonald & Company Property Consultants Limited, trading as New Home Surveys.
“Client” means the individual, company, organisation, or party instructing the Company to undertake the Services.
“Property” means the dwelling, apartment, building, or premises subject to inspection.
“Services” means the Pre-Purchase Structural Survey, inspection, consultancy, report preparation, and associated professional services provided by the Company.
“Report” means the written inspection report and findings prepared by the Company following inspection of the Property.
2. Scope of Services
2.1
The Company specialises in Pre-Purchase Structural Surveys on second-hand residential and commercial properties throughout Ireland.
2.2
The inspection is limited to a visual, non-invasive assessment of the reasonably accessible areas of the Property at the time of inspection.
2.3
The purpose of the inspection is to provide the Client with an independent professional opinion regarding the general condition of the Property and to identify significant visible defects observed during the inspection.
2.4
The inspection does not include:
- Opening up of floors, walls, ceilings, or structures
- Destructive or invasive investigations
- Moving furniture, floor coverings, stored items, or fittings
- Specialist testing unless specifically agreed in writing
- Continuous monitoring or supervision of the Property
2.5
Areas which are inaccessible, concealed, obstructed, unsafe, or locked at the time of inspection are excluded from the inspection and may not be commented upon within the Report.
3. Nature of the Structural Survey
3.1
The Pre-Purchase Structural Survey is a visual inspection only and should not be regarded as a guarantee that the Property is free from defects.
3.2
The Company shall use reasonable professional skill, care, and diligence in identifying visible signs of:
- Structural movement
- Settlement or subsidence
- Cracking
- Dampness and water ingress
- Timber deterioration
- Roof defects
- General building deterioration
- Defective workmanship where visible
3.3
The Report reflects the condition of the Property at the date and time of inspection only.
3.4
Hidden or latent defects may exist which are not reasonably detectable during a visual inspection.
3.5
Where concerns arise, the Company may recommend further investigation by appropriately qualified specialists or contractors.
4. Exclusions
4.1
Unless specifically agreed in writing, the Services do not include:
- Electrical testing or certification
- Plumbing or heating inspections
- Drainage surveys
- BER assessments
- Pyrite, mica, or radon testing
- Asbestos identification
- Environmental assessments
- Legal title investigations
- Boundary verification, unless requested by the Client’s solicitor
- Valuations
- Compliance certification
- Timber infestation investigations
4.2
The Company accepts no responsibility for defects concealed by furniture, finishes, stored items, insulation, or inaccessible areas.
5. Client Responsibilities
5.1
The Client shall ensure that safe and adequate access is available to the Property at the agreed inspection time.
5.2
The Client shall provide any relevant information known to them regarding the Property which may affect the inspection or Report.
5.3
The Company reserves the right to suspend or terminate the inspection where conditions are considered unsafe or unsuitable.
6. Reports
6.1
Reports are prepared solely for the benefit of the Client named within the Report.
6.2
No responsibility or liability is accepted to any third party who may rely upon the Report without prior written consent from the Company.
6.3
Reports are generally issued electronically within 24 to 72 hours following the inspection, unless otherwise agreed.
6.4
The Company reserves the right to withhold the Report until all outstanding fees have been paid in full.
7. Fees & Payment Terms
7.1
All fees quoted are exclusive of VAT unless otherwise stated.
7.2
Payment is due immediately upon receipt of invoice.
7.3
The Company reserves the right to request payment in advance of the inspection date.
7.4
Reports and associated documentation shall remain the property of the Company until payment has been received in full.
7.5
Where payment remains outstanding, the Company reserves the right to:
- Withhold the Report
- Charge interest on overdue accounts
- Recover reasonable debt recovery or legal costs incurred
7.6
Interest on overdue accounts may be charged in accordance with the European Communities (Late Payment in Commercial Transactions) Regulations 2012.
7.7
Quotations issued by the Company remain valid for 30 days unless otherwise stated.
8. Cancellation & Rescheduling
8.1
Cancellations made with less than 24 hours’ notice may incur a cancellation fee.
8.2
If the surveyor attends the Property and access is unavailable or denied, a call-out fee may apply.
8.3
The Company reserves the right to rearrange inspections due to illness, adverse weather conditions, emergencies, or circumstances beyond its reasonable control.
9. Limitation of Liability
9.1
The Company shall exercise reasonable professional skill, care, and diligence in carrying out the Services.
9.2
The Company’s total liability arising from the Services shall be limited to the amount of the fee paid by the Client for the inspection and Report.
9.3
The Company shall not be liable for:
- Hidden or latent defects
- Future deterioration of the Property
- Consequential or indirect losses
- Costs associated with third-party repairs or remedial works
- Loss of profit, business interruption, or reduction in property value
9.4
Nothing within these Terms & Conditions shall exclude liability for death or personal injury caused by negligence where prohibited by law.
10. Intellectual Property & Confidentiality
10.1
All Reports, photographs, drawings, and documentation prepared by the Company remain the intellectual property of the Company.
10.2
The Client may use the Report solely for the purpose for which it was prepared.
10.3
No part of the Report may be copied, reproduced, published, or distributed to any third party without prior written consent from the Company.
11. Complaints Procedure
11.1
Any complaint concerning the Services or Report must be submitted in writing within 14 days of receipt of the Report.
11.2
The Company shall be afforded reasonable opportunity to investigate and respond to any complaint prior to remedial works being undertaken.
12. Data Protection
12.1
The Company shall process all personal data in accordance with the General Data Protection Regulation, GDPR, and applicable Irish Data Protection legislation.
12.2
Client information shall remain confidential except where disclosure is required by law or necessary for the provision of the Services.
13. Governing Law
13.1
These Terms & Conditions shall be governed by and interpreted in accordance with the laws of Ireland.
13.2
Any disputes arising from these Terms & Conditions shall be subject to the exclusive jurisdiction of the Irish Courts.
14. Acceptance of Terms
Instruction of AV McDonald & Company Property Consultants Limited, trading as New Home Surveys, to carry out the Services shall constitute acceptance of these Terms & Conditions in full.
AV McDonald & Company Property Consultants Limited
Trading as New Home Surveys
Professional Pre-Purchase Structural Survey Specialists
Covering All Ireland