Note that these Terms & Conditions (‘Ts&Cs’) may be amended at any time at the sole discretion of the Company, to apply thereafter.
These Terms & Conditions shall at all times supersede & have priority over those of any Client; & no order on, nor other undertaking by the Company will be accepted or actioned on any other basis. All activity & correspondence by the Client is understood by the Parties to be on this basis, from first available view of these Ts&Cs after any contact occurring prior to the issue of a related Order.
The ‘Parties’ are the Company and the Client.
The ‘Company’ is Scanning 4 Planning Ltd, Registered in England No.10746598.
The ‘Client’ is the sole contractual party with which the Company is working in respect of the Matter. For clarity, no third parties have or may have any involvement or rights in the working relationship between Company and Client save insofar only as the Technologist may be or become involved with or on behalf of the Company and/or Client during the Matter.
The ‘Matter’ is the work agreed to be undertaken on behalf of the Client by the Company performing any Scan utilising the Technology including subsequent interpretation or associated work, instigated by official acceptance communicated to the Client by the Company of an Order in form acceptable to the Company.
All Scan results and associated data remain at all times the property of the Company. See also 10 below.
The Technologist is Merlin Burrows Ltd, a company registered in England No. 09526232.
The Company has an exclusive and continuous Agreement from the Technologist for the utilisation of its Scan Technology (‘Scan(s)’ / ‘Technology’ / ‘SatScan®’) in respect of all matters relating to property investigations including excavations of any sort for any purpose, both above & below surface level, also including detail for Town / Estate / Private / Public Planning issues concerning potential or actual development, for any purpose, and involving land or waters situated within the international borders of the United Kingdom and of its possessions and elsewhere by agreement.
The Technology is proprietary to the Technologist and by way only of general information comprises the combination of specialised imagery & analysis together with bespoke proprietary adaptive & interpretative tools & other know-how. Under no circumstances will the Technology itself at any time be discussed or deconstructed or revealed in any detail to any party including the Client.
Concerning an ordered Matter the Company provides sequential independent levels of Scan Service, and Special Services:
a. A confirmation service (“Stage 1 Scan” / “‘Yes/No’ Scan Service”) whereby the presence or otherwise is confirmed, in Report form, of sub-surface physical factors possibly likely to influence or constrain a Planning Process Approval or related Development or Excavation Project. Such orders are charged per Area/Unit for Scans up to the standard area of approximately and negotiably a hectare and with a standard depth-setting covering up to ca.7 metres.b. Subsequently & subject to separate order by the Client an analysis report service (“Service 2 Scan” / “Detail Analysis Scan Service”) concerning specific items or factors identified below surface that the Client considers worthy or needful of closer investigation. This work is quoted for by the Company in advance on request and undertaken only after a Stage 1 Scan process has been completed. Here, necessary resets of the Technology to enable scanning at necessary adjusted & detailed levels may exceptionally require mutual prior agreement & redefinitions of terms.c. Subsequent “Special Services” Scans are to be pre-agreed & detailed between the Parties, with official Order raised.d. For pricing see also any related correspondence prior to Scan, relating directly to the Matter between the Parties.
All Services are payable strictly in advance, at Order, without exception. UK VAT applies. On receipt of cleared funds the Company will assign & advise to the Client a Project Number which shall be Confirmation of Order. For Stage 1 Scans the standard price indicated on the website & its payment are for the full standard unit service. For any adjustment or for any other Service or Special work, the payment is a deposit on account & may be promptly refunded at the request of the Client if prior to the commencement of any related work whatsoever by the Company.
No Matter comprises either a Credit- or a Supply-of-Goods- transaction & English Law is agreed by the Parties as applying exclusively.
Other than for normal Stage 1 Scans, the Company will first provide an estimate & must have agreed the Matter including price with the Client with subsequent acknowledged Order in advance of any contract for the related work becoming binding on the Parties.
Normally the Company will estimate by applying a standard fixed charge, per single Title Number (‘Unit’) at the UK Land Registry. Where the said Title is in the sole opinion of the Company large or otherwise exceptional the Company will apply in its estimate a numerical multiplication factor for inclusion in the prior agreement between the parties.
An internal Order & Project number will be assigned by the Company and noted on any invoice or correspondence raised.
The Company will diligently perform its duties & undertakes to use all reasonable endeavours to provide results within 5 working days of confirmed Order date. In the event of any unforeseen delay occurring the Company will advise the Client & provide a revised completion date. The Client agrees no downward adjustment to cost will apply in the event of such delay properly communicated.
Scan Reports & Invoice & any associated correspondence will be sent electronically in .pdf format by the Company to the Client’s e-mail address provided in the pertinent Order Form. Proof of unrejected despatch of the Company’s Report shall be proof of delivery.
The Company warrants in respect of the results communicated that in the unlikely event of substantial error which in the reasonable opinion of the parties acting together is discovered, and only after related physical inspection activity on the subject site within 1 year of Order date by the Client, it will reimburse to the Client on proof of loss twice the related fees charged. The Parties accept this will be the absolute upper limit for all valid claims for all reasons and types including consequential costs and losses. The Company will inform any Client at all times on reasonable enquiry the number if any of all such claims experienced to date by the Company.
In respect of privity and of any or all parts of related land or water, the Parties note that any person or company or authority or other entity without restriction may apply to the Company for service, out of whatever own interest & not necessarily related to ownership of any or all of the subject land or water. The Company undertakes not to divulge any prior work results to such other party or parties enquiring subsequently, unless required to do so by law. Upon a subsequent Scan request being received covering all or any part of the subject land or water from such separate entity, the Company will undertake the work as new confidential work with the subsequent Client, acting without hindrance or challenge from any existing or prior Client, with no obligation to disclose.
Client agrees unreservedly it may not at any time for any reason seek an Injunction or estoppel over the Company’s work or results.
Results of Scans sometimes reveal and report the likely presence of physical matter potentially capable of definition under law as Treasure Trove. In this event, the Company’s duty will be limited to reporting the fact of presence to the Client without providing the precise location or likely depth or likely content. However, in addition and strictly as a separate issue, as policy of the Company the Client will immediately be invited by the Company, in respect of the Trove element only, to tender directly with the Technologist who will thereafter be acting for itself and its associates whose expertise and business model is specifically targeted for Trove issues and who can advise or offer service on all matters relating to the Treasure Act and associated law, business and issues arising.
No variation to these overriding Terms and Conditions may be made by either party between Order & Scan unless then varied by both parties acting in good faith and evidenced in writing in advance of the initiation of any related work by the Company.
Work prioritisation by the Company will be based strictly on the sequential order of paid Orders settled as cleared funds.