Terms & Conditions
This is a legal agreement between CJ Property Marketing Ltd ('we' or 'us') and you ('you' or 'your'). These terms & conditions of business shall apply to all work undertaken by CJ Property Marketing Ltd, unless otherwise specifically agreed in writing. By using an online order form, or by ordering via telephone or email, you agree to be bound by these terms & conditions. CJ Property Marketing Ltd reserves the right to amend this agreement from time to time and new versions of this agreement will be posted on the companies website.
CJ Property Marketing Ltd prices are subject to change from time to time. Fees are payable immediately on supply of an invoice on completion of the work unless 30 days net payment terms have been agreed. CJ Property Marketing Ltd reserves the right to charge compensation fees and interest at 8% above Bank of England base rate for any amounts outstanding beyond 30 days in line with the guidelines set out in the Late Payment of Commercial Debts Act 1998. All invoices are subject to VAT where applicable. CJ Property Marketing Ltd reserves the right to add additional charges to the invoice to cover the costs of debt collection for any invoice remaining unpaid after 90 days, and after issuing reminders.
Collection of payment from your client (vendor/ landlord) – you may opt for CJ Property Marketing LTD to contact your client (vendor / landlord) direct to collect either full or part payment for an order. It is your responsibility to ensure that your client (vendor / landlord) is aware of the services being invoiced for by CJ Property Marketing Ltd and payment will be due within Seven days of the appointment being carried out. If CJ Property Marketing Ltd cannot collect the payment from the client (vendor / landlord) within 30 days of the order being carried out, then CJ Property Marketing ltd reserve the right to re-issue an invoice for payment direct to the registered client account to which the order was placed.
3: PHOTOGRAPHY AND PROPERTY VIDEOS
CJ Property Marketing Ltd will use reasonable skill and care in shooting and preparing photographs and videos. It is your responsibility to check photographs and videos supplied to ensure that they meet your requirements. If you are not completely satisfied with the products that CJ Property Marketing Ltd have supplied, then you must contact CJ Property Marketing Ltd immediately to explain why you are dissatisfied. All correspondence should be written and you must give CJ Property Marketing Ltd the opportunity to correct the problem.
4: FLOOR PLANS
CJ Property Marketing Ltd will use reasonable skill and care in measuring, sketching and drafting of floor plans. All floor plans supplied by CJ Property Marketing Ltd are intended for indicative purposes only, they are not intended to be scale drawings and measurements and areas quoted are approximate, whether or not a suitable disclaimer appears on the drawing. If you are not completely satisfied with the floor plan or if you think it may contain an error, then you must tell us immediately so that we can investigate and if necessary make corrections. CJ Property Marketing Ltd draws your attention to the requirements of the Consumer Protection Regulations. It is your responsibility to ensure that a floor plan is an accurate representation of the property. CJ Property Marketing Ltd accepts no liability whatsoever for any error or omission or inadvertent miss-statement in a floor plan. If you request that CJ Property Marketing Ltd makes changes to the presentation of a CJ Property Marketing Ltd floor plan you are responsible for checking those changes have been made correctly and also that they do not result in the property being misrepresented. If you make changes of any kind that affect the quoted floor area CJ Property Marketing Ltd accepts no responsibility for the new quoted area. Floor plans will be measured to the RICS code of measuring practice.
If you provide CJ Property Marketing Ltd with your own sketch or floor plan document and commission us to re-draw the floor plan in your required style, it is your responsibility to ensure that a floor plan is an accurate representation of the property. CJ Property Marketing Ltd accepts no liability whatsoever for any error or omission or inadvertent miss-statement in a floor plan. These will not be RICS compliant floor plans.
5: ENERGY PERFORMANCE CERTIFICATES (EPCs)
All of CJ Property Marketing Ltd operatives are qualified and audited regularly by external, industry specific accreditation schemes. If you are not completely satisfied with the energy performance certificate in the first instance you are required to notify CJ Property Marketing Ltd, explaining your reasons for dissatisfaction and give CJ Property Marketing Ltd the opportunity to explain or correct the problem. Your attention is drawn to the fact that our assessors follow a specific, government created, data collection system to produce the EPC and there is little chance of ambiguity within this. The RdSAP methodology used to produce a residential EPC is limited and does not encompass all possible physical scenarios, and as a result sometimes it is impossible to convey within the EPC the trueness of the property. If you are still not satisfied after your initial complaint, CJ Property Marketing Ltd can direct your enquiry to the relevant accreditation scheme (details of which can be found on your report) and their complaints department.
6: YOUR OBLIGATIONS
You will be liable for a cancellation charge if CJ Property Marketing Ltd’s employees or agents are unable to gain access to the premises for an agreed appointment, this will be added in addition to the original charge if the appointment is to be re-booked. You will be responsible for ensuring that the premises to be filmed, photographed, drawn for a floor plan, or inspected for an EPC are in a suitably presentable state. You will be responsible for ensuring that the display and distribution of photographs, virtual tours, floor plans and printed particulars, via internet, post, hand delivery or email complies with all relevant legislation including without limitation, the Property Misdescriptions Act 1991. You warrant that you have the authority to commission the photography, production of a property video, floor plan and printed particulars of the premises in question, including allowing CJ Property Marketing Ltd employees or agents access to the premises.
7: WARRANTIES AND LIABILITIES
CJ Property Marketing Ltd warrants that it will use reasonable skill and care to provide the work agreed. CJ Property Marketing Ltd warrants that it will not materially adjust or manipulate any images filmed. All other warranties express or implied are hereby excluded to the fullest extent permitted by law. Any liability CJ Property Marketing Ltd may have (whether in contract, tort, including negligence or otherwise) shall be limited to the total fees paid by you under this agreement. CJ Property Marketing Ltd shall not be liable to you or to any third party for any loss of profits, loss of sales, loss of turnover or loss of use or corruption of data or software or for any indirect, consequential or special loss. This does not exclude CJ Property Marketing Ltd’s liability in respect of fraud or in respect of death or personal injury caused by CJ Property Marketing Ltd’s negligence. CJ Property Marketing Ltd does not guarantee that any of its property videos shall be playable on any particular computer system or electronic device. CJ Property Marketing Ltd shall not be responsible for any delay or failure to carry out CJ Property Marketing Ltd’s commissions under this agreement for reasons beyond CJ Property Marketing Ltd’s reasonable control including but not limited to the acts or omissions of a third party or your failure to perform your obligations. In the event of a dispute about the quality of pictures or videos taken, CJ Property Marketing Ltd may in its sole discretion, elect to re-shoot the images or videos or offer a full refund of any monies paid. This section shall survive the termination of this agreement for any reason.
CJ Property Marketing Ltd reserves the right to terminate this agreement without notice for any reason including non-payment of fees. CJ Property Marketing Ltd’s fees shall be payable immediately on termination or expiry howsoever caused of this agreement.
9: INTELLECTUAL PROPERTY
All copyright and other intellectual property rights in and relating to the commission shall be owned exclusively by CJ Property Marketing Ltd.
10: GENERAL TERMS
This is the only agreement between CJ Property Marketing Ltd and yourself. If a court decides that any part of the agreement cannot be enforced, then that part will not apply. The rest of this agreement will continue to apply. Any notice given under this agreement must be made in writing and sent by pre-paid first class post to the parties' respective addresses. [CJ Property Marketing Ltd – St Mary’s Court, The Broadway, Old Amersham, Buckinghamshire, HP7 0AT]. This agreement shall be governed by English Law and the English courts.
11: CANCELLATION POLICY
Our policy is that you can postpone a job at any time up to 3 hrs before the visit to the property without cost, so long as CJ Property Marketing Ltd has not already become committed to expenditure which cannot be avoided (e.g. travel costs). If CJ Property Marketing Ltd has already become committed to such costs, CJ Property Marketing Ltd will charge you accordingly.
Cancellation or postponement of a job for any reason with less than 3hrs before the scheduled appointment time will incur a charge of £30.00 + vat.