Inspection Service Terms and Conditions

These conditions set out the terms and conditions on which Inspex supply Inspection Services to Customers. Please read these Conditions carefully and make sure that you understand them before ordering any Inspection Services from Inspex. You should understand that by ordering any Inspection servcies from Inspex, Customers agree to be bound by these Conditions.  Please note, in particular, the important information regarding the Scope of the Inspection Services set out in Schedule 1.

By accepting these Conditions you represent that you are authorised to accept them on behalf of the business entity which you represent.  Please understand that if you refuse to accept these Conditions, you will not be able to order any Inspection Services from Inspex.

1.1 Definitions. In these Conditions, the following definitions apply:

“Affiliate”, includes, in relation to either party, each and any subsidiary or holding company of that party and each and any subsidiary of a holding company of that party;

“Business Day”, a day (other than a Saturday, Sunday or public holiday) when banks in Dublin are open for business;

“Charges”, the charges payable by the Customer for the supply of the Inspection Services in accordance with clause 5;

“Commencement Date”, has the meaning set out in clause 2.2;

“Conditions”, these terms and conditions (including the Schedules) as amended from time to time in accordance with clause 11.8;

“Contract”, the contract between Inspex and the Customer for the supply of Inspection Services in accordance with these Conditions;

“Customer: the person or firm who purchases Inspection Services from Inspex;

"Data Protection Legilsation", all laws relating to the processing of Personal Data, privacy and security including without limitation, the Data Protection Acts 1988 and 2003, the EU Data Protection Directive 95/46/EC (as will be superseded by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (The "GDPR"), the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 and all applicable laws and regulatios relating to the processing of personal data, including, the opinions, guidance, advice, directors, order and codes of practice issued or approved by a data protection regulator in the European Economic Area;

“Deliverables”, any deliverables (including inspection reports) set out in the Order produced by Inspex for the Customer;

“Inspection Services”, the inspection services, including any Deliverables, supplied by Inspex to the Customer as set out in the Specification the scope of which is described in Schedule 1;

“Inspex”, Inspex Limited, a company incorporated in Ireland, having its registered office at S24 The Pottery Bakers Point Pottery Road Dun Laoghaire Co. Dublin;

“Inspex Materials”, has the meaning set out in clause 4.1.7;

"Intellectual Property Rights", all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other ntellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;

"Order", the Customer's order for Inspection Services as set ou in the Customer's written acceptance of an estimate by Inspex;

“Specification”, the description or specification of the Inspection Services set out in the Order or as otherwise provided in writing by Inspex to the Customer.

1.2 Construction. In these Conditions, the following rules apply:

1.2.1 a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

1.2.2 a reference to a party includes its successors or permitted assigns;

1.2.3 a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;

1.2.4 any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and

1.2.5 a reference to writing or written includes faxes but not emails.

Any opinion, confirmation or report on an inspection issued by or on behalf of Inspex (a "Report") does not in any way represent or take into account changes made or changes in condition occurring to the property on or after the time of the inspection.
Inspex does not accept any obligation to update a Report to take account of any facts, matters, events or circumstances coming to our attention after the Report or to inform you of any change in law or change in the interpretation of law which may occur after the date of the Report.

2.1 The Order constitutes an offer by the Customer to purchase Inspection Services in accordance with these Conditions.

2.2 The Order shall only be deemed to be accepted when Inspex issues written acceptance of the Order ("Order Confirmation") at which point and on which date the Contract shall come into existence (“Commencement Date”)..

2.3 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Inspex which is not set out in the Contract..

2.4 Any samples, drawings, descriptive matter or advertising issued by Inspex, and any descriptions or illustrations contained in Inspex' catalogues or other sales literature, are issued or published for the sole purpose of giving an approximate idea of the Inspection Services described in them. They shall not form part of the Contract or have any contractual force..

2.5 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing..

2.6 Any quotation given by Inspex shall not constitute an offer, and is only valid for a period of 10 Business Days from its date of issue..

2.7 The Customer warrants and confirms that for the pruposes of the Contract, it is acting in a business capacity..

3.1 Inspex shall supply the Inspection Services to the Customer in accordance with the Specification in all material respects.

3.2 Inspex shall use all reasonable endeavours to meet any performance dates specified in the Order, but any such dates shall be estimates only and time shall not be of the essence for performance of the Inspection Services.

3.3 Inspex shall have the right to make any changes to the Inspection Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Inspection Services, and Inspex shall notify the Customer in any such event.

3.4 Inspex agrees that the Inspection Services will be provided using reasonable care and skill.

4.1 The Customer shall:

4.1.1 ensure that the terms of the Order are complete and accurate;

4.1.2 co-operate with Inspex in all matters relating to the Inspection Services;

4.1.3 provide Inspex, its employees, agents, consultants and subcontractors, with safe access to the Customer's premises, office accommodation and other facilities as reasonably required by Inspex;

4.1.4 provide Inspex with such information and materials as Inspex may reasonably require in order to supply the Inspection Services, and ensure that such information is accurate in all material respects;

4.1.5 procure access for Inspex to the premises where the Inspection Services will be carried out;

4.1.6 obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Inspection Services are to start;

4.1.7 keep and maintain all materials, equipment, documents and other property of Inspex (“Inspex Materials”) at the Customer's premises in safe custody at its own risk, maintain Inspex Materials in good condition until returned to Inspex, and not dispose of or use Inspex Materials other than in accordance with Inspex' written instructions or authorisation; and

4.1.8 fully disclose to Inspex any relevant information relating to the premises the subject of the Inspection Services (including the presence of any hazardous or harmful materials or any other health and safety concerns) in good time prior to the carrying out of the Inspection Services.

4.2 If Inspex performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (“Customer Default”):

4.2.1 Inspex shall without limiting its other rights or remedies have the right to suspend performance of the Inspection Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays Inspex' performance of any of its obligations;

4.2.2 Inspex shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Inspex' failure or delay to perform any of its obligations as set out in this clause 4.2; and

4.2.3 the Customer shall reimburse Inspex on written demand for any costs or losses sustained or incurred by Inspex arising directly or indirectly from the Customer Default.

5.1 The Charges for the Inspection Services shall be on a time and materials basis:

5.1.1 the Charges shall be calculated in accordance with Inspex’ standard fee rates, as set out in the Order; and

5.1.2 Inspex shall be entitled to charge the Customer for any expenses reasonably incurred by the individuals whom Inspex engages in connection with the Inspection Services including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of services provided by third parties and required by Inspex for the performance of the Inspection Services, and for the cost of any materials.

5.2 Inspex reserves the right to increase its standard fee rates, provided that such charges cannot be increased more than once in any 12 month period. Inspex will give the Customer written notice of any such increase 1 month before the proposed date of the increase. If such increase is not acceptable to the Customer, it shall notify Inspex in writing within 1 week of the date of Inspex’ notice and Inspex shall have the right without limiting its other rights or remedies to terminate the Contract by giving 2 weeks' written notice to the Customer.

5.3 The Customer may request, by written notice, an increase in the number of Inspection Services set out in the Order which Inspex may accept at its discretion.

5.4 Inspex shall invoice the Customer on completion of the Inspection Services and submission of the Deliverables.

5.5 The Customer shall pay each invoice submitted by Inspex:

5.4.1 within 30 days of the date of the invoice; and

5.4.2 in full and in cleared funds to a bank account nominated in writing by Inspex, and time for payment shall be of the essence of the Contract.

5.6 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being (“VAT”). Where any taxable supply for VAT purposes is made under the Contract by Inspex to the Customer, the Customer shall, on receipt of a valid VAT invoice from Inspex, pay to Inspex such additional amounts in respect of VAT as are chargeable on the supply of the Inspection Services at the same time as payment is due for the supply of the Inspection Services.

5.7 Without limiting any other right or remedy of Inspex, if the Customer fails to make any payment due to Inspex under the Contract by the due date for payment (“Due Date”), Inspex shall have the right to charge interest on the overdue amount at the rate of 2.5% per cent per annum above the then current Bank of Ireland base rate accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.

5.8 The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against Inspex in order to justify withholding payment of any such amount in whole or in part. Inspex may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by Inspex to the Customer.

6.1 All Intellectual Property Rights in or arising out of or in connection with the Inspection Services (including all Intellectual Property Rights in the Deliverables) (the "Inspex IP") shall be owned by Inspex and all such Intellectual Property Rights are reserved. Inspex grants the Customer a non-exclusive revocable non-sublicensable licence to use such Intellectual Property Rights for its own internal business reference purposes and only to the extent necessary to avail of the Inspection Services.

6.2 The Customer acknowledges that, in respect of any third party Intellectual Property Rights, the Customer's use of any such Intellectual Property Rights is conditional on Inspex obtaining a written licence from the relevant licensor on such terms as will entitle Inspex to license such rights to the Customer.

6.3 All Inspex Materials are the exclusive property of Inspex.

7.1 Confidentiality

A party (“Receiving Party”) shall keep in strict confidence all technical or commercial know-how, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (“Disclosing Party”), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party's business, finances or its products or its services which the Receiving Party may obtain. For the avoidance of doubt, the parties agree that any data contained in Deliverables shall not constitute confidential information for the purpose of this Contract and Inspex along with its Affiliates reserves the right to use such data for its own commercial purposes. The Receiving Party shall restrict disclosure of such confidential information to such of its Affiliates, employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party's obligations under the Contract, and shall ensure that such Affiliates, employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause 7 shall survive termination of the Contract.

7.2 Data Protection

7.2.1 For the purposes of this Clause 7.2, the terms "Personal Data", "Data Subject" and "Processing" (and "Process ad "Processed" shall have a corresponding meaning) shall have the same meanings as in the Data Protection Legislation

7.2.2 Both parties will comply with all applicable requirements of the Data Proection Legilsation. This Clause 7.2 is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation

7.2.3 The parties acknowledge that for the purposes of the Data Protection Legilsation, the Customer is the Controller and Inspex is the Processor (where Controller and Processor have the meanings as defined in theData Protection Legilslation). Schedule 2 sets out the scope, nature, purpose, duration of Processing by Inspex and the types of Personal Data and categories of Data Subject to be Processed.

7.2.4 Without prejudice to the generality of Clause 7.2.1, the Customer will ensure that at all times there is a legal basis in place to enable Inspex to Process the Personal Data in order to provide the Inspection Services.

7.2.5 Without prejudice to the generality of Clause 7.2.1, Inspex shall, in relation to any Personal Data Processed in connection with the performance by Inspex of the Inspection services under these Conditions:

(a) Process that Personal Data only on the written instructions of the Customer, unless Inspex is required to do so by European Union law or the laws of any member of the European Union applicable to Inspex, and in such a case Inspex will inform the Customer of such where permitted;

(b) implement appropriate technical and organisational measures, including those set out at Schedule 3,to protect against unauthorised or unlawful Processing of Personal Data and against accidental loss or destruction of, or damage to,Personal Data,appropriate to the harm that might result from the unauthorised or unlawful Processing or accidental loss or destruction of, or damage to,Personal Data, appropriate to the harm that might result from the unauthorised or unlawful Processing or accidental loss, destuction, damage, alteration or disclosure, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

(c) ensure that all personnel who have access to and/or Process Personal Data are obliged to keep the Personal Data confidential;

(d) not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Customer has been obtained;

(e) assist the Customer, at the Customer's cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legilsation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

(f) notify the Customer without undue delay on becoming aware of a Personal Data breach;

(g) at the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the agreement unless required by Applicable Law to store the Personal Data; and

(h) at the cost of an upon reasonable notice from the Customer, provide all information necessary to demonstrate Inspex' compliance with its obligations under the Data Protection Legilsation and allow for and contribute to audits or inspections conducted by the Customer or any auditor acting on the authority of the Customer to carry out an audit or inspection (subject to such auditor signing a confidentiality agreement proposed by Inspex) provided however that any information objtained in connection with or in the course of any such audit or inspection shall be used solely for the purposes of ensuring that Inspex is complying with its obligations as a Processor under the Data Protection Legilsation, maintained in the strictest confidence and shall not be used or disclosed for any other purpose.

7.3 The Customer permits Inspex to subcontract its Processing functions as it deems necessary in respect of providing the Inspection Services pursuant to these Conditions to any of the third parties listed at Schedule 2.

8.1 Nothing in these Conditions shall limit or exclude Inspex' liability neither for fraud or fraudulent misrepresentation nor for any other liability which cannot be limited or excluded under applicable law.

8.2 Subject to clause 8.1:

8.2.1 Inspex and its Affiliates shall under no circumstances be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for:

(a) any economic losses (including, without limitation, loss of revenues, profits contracts, business or anticipated savings); or

(b) any loss of goodwill or reputation; or

(c) any indirect or consequential losses,

in any case whether or not such losses were within the contemplation of the parties at the date of the Contract, suffered or incurred by the Customer arising out of in connection with any matter under the Contract.

8.2.2 Inspex' (and its Affiliates) total aggregate liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total fees paid to Inspex by the Customer pursuant to the Contract.

8.3 The Customer agrees that it has read and understood the Scope of the Inspection Services as detailed in the Schedule except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

8.4 This clause 8 shall survive termination of the Contract.

9.1 Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if:

9.1.1 the other party commits a material breach of the Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or

9.1.2 the other party ceases to do business, becomes unable to pay its debts as they fall due within the meaning of Section 570 of the Companies Act 2014, becomes or is deemed insolvent, has a receiver, manager, examiner, administrator or similar officer appointed in respect of the whole or any parts of its assets or business, makes any composition or arrangement with its creditors, takes or suffers any similar action in consequence of debt, or an order or resolution is made for its dissolution or liquidation (other than for the purpose of solvent amalgamation or reconstruction to which the non-defaulting party has previously agreed in writing), enters into liquidation (whether compulsory or voluntary), or suffers or undergoes any analogous process to the above.

9.2 Without limiting its other rights or remedies, Inspex may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under this Contract on the due date for payment.

9.3 Without limiting its other rights or remedies, each party shall have the right to terminate the Contract by giving the other party 1 months' written notice.

9.4 Without limiting its other rights or remedies, Inspex shall have the right to suspend provision of the Inspection Services under the Contract or any other contract between the Customer and Inspex if the Customer becomes subject to any of the events listed in clause 9.1.2, or Inspex reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.

On termination of the Contract for any reason:

10.1 the Customer shall immediately pay to Inspex all of Inspex' outstanding unpaid invoices and interest and, in respect of Inspection Services supplied but for which no invoice has been submitted, Inspex shall submit an invoice, which shall be payable by the Customer immediately on receipt;

10.2 the Customer shall return all of Inspex Materials and any Deliverables which have not been fully paid for. If the Customer fails to do so, then Inspex may enter the Customer's premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract;

10.3 the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and

10.4 clauses which expressly or by implication have effect after termination shall continue in full force and effect.

11.1 Force majeure:

11.1.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of Inspex including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of Inspex or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

11.1.2 Inspex shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

11.1.3 If the Force Majeure Event prevents Inspex from providing any of the Inspection Services for more than 2 months, Inspex shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.

11.2 Assignment and subcontracting

11.2.1 Inspex may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.

11.2.2 The Customer shall not, without the prior written consent of Inspex, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.

11.3 Notices

11.3.1 Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by registered post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or sent by fax to the other party's main fax number or sent by email to the other party's email address as per the Order Confirmation, or to such other postal address or email address as may be agreed between the parties from time to time.

11.3.2 Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by registered post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed, or if sent by fax, on the next Business Day after transmission or if sent by email, on the next Business Day after sending.

11.3.3 This clause 11.3 shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, "writing" shall not include e-mails and for the avoidance of doubt notice given under this Contract shall not be validly served if sent by e-mail.

11.4 Waiver

11.4.1 A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

11.4.2 Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.

11.5 Severance

11.5.1 If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.

11.5.2 If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

11.6 No partnership: Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.

11.7 Third parties: A person who is not a party to the Contract shall not have any rights under or in connection with it.

11.8 Variation

11.8.1 Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by Inspex.

11.8.2 Inspex reserves the right to amend these Conditions upon reasonable notice to the Customer.

11.9 Dispute Resolution

11.9.1 If a dispute arises out of or in connection with the Contract or the performance, validity or enforceability of it (“Dispute”) then, except as expressly provided in these Conditions, the parties shall follow the dispute resolution procedure set out in this Clause.

11.9.2 Either party shall give to the other written notice of the Dispute, setting out its nature and full particulars (“Dispute Notice”), together with relevant supporting documentation. On service of the Dispute Notice the Chief Executive Officers (or other similar officeholders) of both parties shall attempt in good faith to resolve the Dispute;

11.9.3 If the Chief Executive Officers (or other similar officeholders) are for any reason unable to resolve the Dispute within 30 days of it being referred to them, the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator shall be nominated by CEDR Solve. To initiate the mediation, a party must serve notice in writing (“ADR notice”) to the other party requesting mediation. A copy of the ADR notice should be sent to CEDR Solve. The mediation will start not later than 60 days after the date of the ADR notice. Unless otherwise agreed by the parties, the place of mediation shall be nominated by the mediator.

11.9.4 No party may commence any court proceedings in relation to any dispute arising out of the Contract until 60 days after the appointment of a mediator, provided that the right to issue proceedings is not prejudiced by a delay.

11.10 Governing law and jurisdiction: This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, Irish law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Ireland.

The Customer accepts that the purpose and scope of the inspection is to highlight issues of concern that may assist in making a reasoned and informed judgement regarding the property. The purpose of the inspection is to bring to a landlord's attention the statutory minimum standards required when a property is being used for rental purposes.

The inspection is provided with due skill, care and diligence. There is no responsibility taken or warranty given for any loss or damage arising as a result of any omission.

It is the Customer’s responsibility to ensure that it or the Property Owner/Manager makes the property available, areas cleared to enable the scheduled inspection, provide adequate and safe access and fully disclose any relevant information (including the presence of any hazardous or harmful materials or any other health and safety concerns) in good time prior to the carrying out of the assessment.

All references to visual inspection refer to an inspection from within the property without moving any obstructions and externally from ground level within the site and adjoining public areas. Any ‘to left’ or ‘to right’ in a description of the exterior of the property refer to the view of someone standing facing that part of the property from the outside.

Inspex offers a visual inspection service only. The inspection is not a structural survey and should not be relied upon in assessing structural soundness of the property.

The purpose of the inspection is to observe and report the present condition of materials and systems visually apparent without destructive or invasive testing; without dismantling or moving attached materials, hung ceilings, storage, debris, furniture, rugs, appliances, foliage or digging and without use of instruments, tools or scientific calculations.

Inspex’ Inspection Reports may list the presence or otherwise of certain equipment, apparatus, facilities or other systems in a property which may have a bearing on safety (including smoke, heat or carbon alarms; fireplaces or fire breaks; means of escape and exit in the event of emergency; potential for spread of flame; materials used in the property’s construction; maintenance certificates for boilers and other appliances; stairways, ladders, ramps and guards) however such equipment, apparatus, facilities or systems (or their functionality, effectiveness or adequacy) cannot and will not be tested by Inspex. Inspex recommends that Customers seek advice from an appropriate expert (such as a specialist fire warden or consultant) in this regard.

The Inspex Inspector generally observes: walls, ceiling, and floors; steps, stairways, balconies, and railings; counters and a representative number of installed cabinets; a representative number of doors and windows. The Inspector shall operate a representative number of windows and interior doors and may report signs of abnormal or harmful water penetration into the building or signs of abnormal or harmful condensation on building components.

Observations made do not necessarily include prediction of future life, compliance with building regulations, identification of hazardous materials or odours, renovation or design advice. Comments written or verbal, about these systems and conditions are informational only.

Unless identified in the report the Inspector will assume that no harmful or hazardous materials or techniques have been used in the construction. The presence or possible consequences of any site contamination will not be researched.

Services such as TV/cable connection, internet connection, swimming pools and other leisure facilities etc. are not inspected or reported on.

Where properties are rental properties, it is the duty of the landlord to ensure that the property complies with the requirements of the Housing (Standards for Rented Houses) Regulations 2019 as may be amended from time to time (the "Regulations"). These Regulations require landlords of rented houses with some exceptions to ensure that such properties meet certain minimum standards. The standards relate to structural condition, provision of sanitary facilities, food preparation, storage and laundry, availability of adequate heating, lighting and ventilation, safety of electricity and gas installation, fire safety and refuse facilities. The inspection conducted by Inspex seeks to highlight to landlords areas where there may be potential health and safety concern in the property in accordance with the Regulations.

Where properties to be inspected by Inspex are apartments within a multi-unit development, Inspex will only inspect the apartments and not the multi-unit development. For the avoidance of doubt, the Inspex report will only report on the residential unit within the multi-unit development and excludes common areas within the multi-unit development. It is the responsibility of the local authority or owners' management company of the multi-unit development to maintain, and/or obtain as the case may be, adequate records on the fire safety equipment installed in the multi-unit development, arrangements in place for the maintenance of such equipment and fire protection systems installed in the multi-unit development.

Any opinion on compliance with Housing (Standards for Rented Houses) is issued solely with a view to providing evidence for the purposes of the compliance with the requirements of current and valid Housing (Standards for Rented Houses) insofar as it relates to compliance with the said requirements. It is not a report or survey on the physical condition or on the structure NOR does it warrant, represent or take into account any change to a rented property post on-site inspection. An opinion on compliance issued is valid for 12 months from the date issued.

Schedule 2 - Processing, Personal Data and Data Subjects

Subject Matter - The subject matter of the processing is the residential dwelling and its visible materials and systems.

Nature - Capturing photographs related to Housing (Standards for Rented Houses) Regulations 2019 on hand-held devices and taking notes during inspection on hand-held devices that will be synchronised with a server.

Purpose of Processing - The purpose of the processing is to conduct an inspection of the property reporting on the condition of materials and systems visible within the property, such as walls, ceilings, floors, steps, stairways, balconies, railings, counters, installed cabinets, doors and windows, and to highlight issues that may be of concern.

Duration of the Processing - Duration of the processing for the period for which it was intended.

Types of Personal Data - Contact data of landlords – name, address of rental property, home address, email address and phone number; Contact data of tenants – name, address of rental property, phone number; Contact data of Customer’s employees – name, email address, phone number; photographic data of interior of dwelling which may contain personal belongings of the tenants relevant to Housing (Standards for Rented Houses) Regulations 2019.

Categories of Data Subjects; landlords, tenants and employees of Customer.

Subcontractor Service; Amazon Web Services; Data Storage; Ireland.