Terms and condition
PLEASE NOTE YOUR UNIQUE VALUATION
NUMBER. THIS MUST BE QUOTED IN ALL DEALINGS WITH VMS.
By using the
VMS website you are agreeing to fully accept the terms and conditions set out
herein.
The VMS
website and the Instruct and Pay services are offered to you conditioned on
your acceptance without modification of the terms, conditions, and notices
contained herein. Your use of the VMS website and the Instruct and Pay services
constitutes your agreement to all such terms, conditions, and notices. VMS
Ireland and VMS Management Ltd reserves the right to change the terms,
conditions, and notices under which the VMS services are offered.
All contents
of the VMS web site and the valuation templates used are owned by VMS and may
not be used or copied in any way.
Payments Cancellations and Refunds
1.
All
payments must be made by Card at the time of instructions.
2.
The fee charged is based on standard residential properties. For larger properties and or non standard properties, or properties with a market value in excess of €1million, a higher fee is payable before the valuation is carried out. The additional fee will be advised to the Instructing party. Payment of the additional fee is required before the valuation is carried out. An additional fee is also payable where the property is a considerable distance from the main town.
3.
Where
a card payment has been unsuccessful or not processed, the valuation
instructions will be cancelled and no data will be retained. Where a card
payment is subsequently refused by the issuing bank or your bank, VMS will
withhold the valuation report until such payment has been received. Where a
valuation report has been issued, the instructing party undertakes to ensure
payment is successful.
4.
VMS
do not retain or collect or store any of your card details
5.
Your
card company may have 3D Secure Scheme. They will require you to use an
assigned password when they process your transaction.
6.
VMS is not responsible for any errors, delays, cancellations
which may occur as a result of any errors or delays by your Card Company.
7.
VMS
is unable to assist with any queries that you may have with your Card Issuer /
Company.
8.
Where
the valuation request does not require an internal inspection, the valuation
cannot be cancelled, and no refund will be permitted.
9.
Any
changes to the valuation report as a result of inaccurate data from the
instructing party shall be chargeable and the amended report shall not be
released until the fees have been paid.
10.
Where
the valuation request is for a standard mortgage valuation (which is an
internal inspection) the instruction can be cancelled at any time prior to 24
hours of the inspection date (the cut off date). Any cancellations after the
cut off date will not produce a refund and the valuation fee shall be
forfeited.
11. Where a cancellation is permitted a
fee of € 25.00 will be deducted from the refund, regardless of the reason for
the cancellation.
12. Where the Valuer is prevented from
completing the valuation to the standards required, which could take the form
of not being allowed to take photos, or not being allowed access to certain
rooms or to the property itself, or the keyholder does not show up then no
valuation report shall be issued, and the valuation will be considered
cancelled. No refund will be allowed.
13. Where a valuation is cancelled it may
be re instructed at a later stage subject to the full fee being paid.
14. Where a refund is due it will be paid
directly into the account from which it was originally paid.
15. All requests for cancellations must be
sent by e-mail to info@vmsireland.com
16. VMS will not offset cancelled
instructions fees against new instructions. Each new instruction will be
treated as a new contract with full payment required.
Valuations Terms and
Conditions
1.
Should
you need to change any of your instruction details, please notify VMS
immediately, quoting your Reference number, to info@vmsireland.com or call 01 2300133. Any changes could
lead to delays.
2.
All
valuations reports are designed to comply with valuation purposes associated
with property valuations.
3.
All
valuations reports shall be provided in a standard format without any change.
Neither VMS nor the Valuer can be responsible for any report that does not suit
your purposes.
4.
VMS
will use all reasonable measures to ensure the correct data is collected and
relayed to the Valuer. VMS cannot be responsible for the accuracy of the
information provided by the instructing party.
5.
You
warrant that all the information that you shall and have provided to VMS during
the instruct and pay submission process, are both true and accurate.
6.
You
warrant that your usage of the VMS Instruct and Pay service is either for yourself
or that you have the permission and authority to act on the customer’s behalf.
7.
You fully
accept and acknowledge that VMS contracts with external third party
professional valuers to provide valuation services and that VMS is not
responsible to any party for the quality of the Valuer’s services.
8.
You
fully indemnify VMS Ireland from all liability, whether it be direct, indirect,
punitive, incidental, special, consequential damages or any damages whatsoever
including, without limitation, personal injury or damages to property
or delays in the issuance of reports, or in any way connected with the use
or performance of the VMS web site or its services which include but are
not limited to the sourcing of third party valuation services.
9.
You
authorise VMS to provide the details that you have given on this site, to
the Valuer(s) for the purposes of them contacting you or the nominated contact
person(s) to discuss the valuation instructions. This may include any documents
provided that relates to the property such as maps, building estimates, repairs
estimates, drawings and any other similar documents. Once these documents are
uploaded they are non returnable.
10. You agree to VMS Ireland contacting
you via email, SMS, or telephone in relation to your valuation instructions.
11. You agree to use caution including
adequate health and safety precautions when liaising with the Valuer and
allowing access to the property.
12. Neither VMS nor the Valuer is obliged
to complete the instruction or the report and may at any time and without any
explanation cancel the instructions and refund the fee. No liability for such
action is accepted by VMS or the Valuer.
13. VMS or the Valuer do not make any
representations or provides advice about the suitability or reliability or
accuracy of the information contained within the valuation report.
14. VMS and the Valuer shall not determine
the suitability of the valuation for your purposes. The suitability and purpose
of your requirements for a valuation report shall not be interpreted or
determined by VMS or the Valuer and each report shall be issued with the same
purposes, i.e. to determine the market value of the property at the valuation
date.
15. The Valuation report is obtained to
help the Bank assess whether the property is a suitable security for your
mortgage loan, it is not suitable for any other purpose. Neither we nor the
Valuer intends that you should rely upon it in any way.
16. The inspection and report are designed
to comply with the guidance we issue to Valuers and the SCSI and IPAV
Guidelines for Valuations for Mortgage Purposes only. Please note that this is
not a Building or Structural Surveyor Condition report. You should not assume
that any defects referred to in the report are the only defects in the
property, or if no defects are mentioned, that no defects exist There may be
defects in the property which can only be revealed by a detailed Survey. We
strongly recommend that you obtain your own Survey and complete any further
investigations prior to making any commitments. Where a present value and an
after works or repair value are provided and disclosed to you, the difference
is not the actual cost of those works or repairs.
17. No warranty or assurance is given that
the purchase price is reasonable.
18. Where an inspection takes place, the
report has been prepared after a brief and limited visual inspection of the
property. The Valuer has not for example used ladders, lifted floor coverings,
moved furnishings, contents or other obstructions, and the inspection has not
included the following: (a) Areas which are covered, unexposed or are not
reasonably accessible. (b) Floors which are covered by carpets or other
coverings. (c) Roof, sub-floor and similar voids. (d) Enquiries, for example
legal, local authority, environmental and similar. The services such as water,
gas, electricity, drains, lifts and heating have not been checked. The presence
of constructions with a leisure purpose such as swimming pools, tennis courts
etc have been noted but not inspected. In the case of apartment and maisonettes
only the subject property together with related internal and external common
parts where reasonably accessible, have been inspected. Other apartments and
common areas have not been inspected.
19. In carrying out the inspection it has
been assumed that: (a) The property is offered for sale with vacant possession,
and if leasehold, the remaining term is sufficient for the lender’s purposes.
(b) It is connected to mains services. (c) Access to the property is as of
right. (d) There are no unusual or onerous restrictions, obligations,
covenants, or other matters which would affect the use, occupation, enjoyment
or value of the property, which would usually be revealed in local searches,
environmental reports and/or replies to usual enquiries. (e) That all Planning,
Building Regulations and other consents have been obtained and complied with.
(f) No hazardous or deleterious materials, including asbestos, have been used
in the construction, or added since. (g) The property is not located on or
within influencing distance of contaminated land.
20. The report does not include any advice
on the possible effect on health of any transformer stations, telephone masts,
electromagnetic fields or underground cables which are or might be in the
vicinity of the property.
21. The Valuer will determine whether the
specified specialist or similar reports are required for mortgage purposes
based upon the limited inspection of the property; however, if any reports are
not indicated this does not mean that the property is free from defects or issues
that such reports may have revealed.
22. For new property or recently
refurbished/ converted, the Valuer will only indicate if the property is
completed “sufficiently for mortgage purposes” and it is likely there will be
matters outstanding which you should ensure are dealt with to your complete
satisfaction prior to legal completion. The Valuer cannot provide a list of
outstanding matters.
23. If purchasing for buy to let purposes,
it is especially important you do not rely on this report. It is important that
you arrange independent advice including legislation, condition, value,
potential letting demand and the likely income you can achieve and understand
fully the need to comply with the law, planning and building regulations etc.
If the Valuer indicates the property is suitable for letting, this is in a
general sense only and not a technical assessment of compliance.
24. VMS, the Valuer
and the Lender does not accept any responsibility or liability for any reliance
placed on the Valuation report even if the report contains errors, omissions or
inaccuracies.
25. VMS and the valuer reserve the right
to withhold the report until the fees have been fully paid.
26. By ordering a Valuation and/or paying
a valuation fee does not create a contract or a relationship between you and
the Valuer.
Data Protection Notice
The
information that you supply to VMS Ireland Ltd
through this form and web site will be held and used solely for the rpose of instructing and receiving a property valuation and
will not be retained for any other purpose.
For further
details on the terms and conditions or any other information please go to
www.vmsireland.com
Next Steps
A valuer will
be appointed by VMS to carry out the valuation.
Where an
internal inspection is required, the valuer will contact the key holder or the
person you nominated to arrange access to the property. The valuer shall make
contact within the next 48 hours, depending on availability.
An inspection
will take approximately 20 minutes and the valuer will take photos of the front
and rear of the property plus some internal photos.
When the
valuer completes the report it shall be
uploaded or sent on line to the lender and the lender will send a copy to
the borrower. Neither VMS nor the valuer
is permitted to send you the report.
Whilst it is
the intention for all valuation reports to be concluded in 7 working days, this
timeline will depend on a number of factors such as property access,
co-operation with key holders and sales agents as well as the availability of
the Valuer and the availability of comparable evidence. VMS is not responsible
for any delays in this process.
The Valuer is
only permitted to discuss the valuation report with the mortgage lender and
cannot discuss it with any third party, including the borrower.
For any queries please email us on
info@vmsireland.com