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Term & Conditions
DEFINITIONS:

"Landlord/Owner/you/your"
Means the Landlord of the named let Property.

"the Company"
Means JSM Property Management Limited.

"Approved Contractor"
Means a contractor and/or trades person appointed by the Company as competent to carry out repairs and necessary works in connection with a range of problems affecting domestic premises.

"Commencement Date"
Means the start date of this Agreement as set out overleaf.

"Emergency"
Means the result of an incident in relation to the Property which immediately:

1. Exposes the Tenant to a risk to the Tenant’s health
2. Creates a risk of, or actual loss or damage to, any part of the Property or;
3. Renders the Property uninhabitable.

"Emergency Repairs"
Means work undertaken by an Approved Contractor authorised by the Company to resolve or eliminate an Emergency by completing a Temporary Repair. The cost of Emergency Repairs payable by the Company under this Agreement shall include the Approved Contractor’s call-out charge, labour charges and repair materials up to the specified limit of the ERS. A Permanent Repair will be made if it can be completed within the cost of the emergency repair. In the event that the Approved Contractor recommends, and the Independent Surveyor con.rms, that a Permanent Repair will result in a more cost-effective solution, albeit that the cost of such repair will exceed the maximum sum payable by the Company under the ERS as set out in this Agreement, then the Company shall be entitled, having .rst given notice to you in writing to that effect, to authorise the undertaking by the Approved Contractor of such Permanent Repair and shall bear the cost of the same up to the maximum sum payable by it under the ERS. The balance of the costs of such repair shall be payable by you.

"ERS" ["Emergency Repairs Service"]
Means the Emergency Repairs Service undertaken by the Company under this Agreement.

"Essential Services"
Means mains or private (namely septic tank or cess pool) drainage (but only as far as the boundary of the Property), water, electricity and gas supplies within the Property and the main source of heating but only where no alternative exists and the service is immediately necessary to prevent an Emergency.

"Independent Surveyor"
Means an independent surveyor appointed by the Company to advise it on the undertaking of necessary and appropriate repairs to Properties following an Emergency.

"Period of Agreement"
Means the period from the Commencement Date to the following 31st December provided that the Additional Management Fee or (where that period is less than twelve months) the relevant proportion thereof, has been paid and the Company has accepted it and each successive twelve month period from 1st January thereafter for which the Additional Management Fee is paid and is accepted by the Company.

"Permanent Repair"
Means repairs and/or necessary works required to right the damage caused to the Property by the Emergency on a permanent basis.

"Property"
Means your named let property [the property named overleaf] managed by the Company under a JSM Gold or Platinum Management Agreement including private dwelling, garage and out-buildings used for domestic purposes and/or incidental use for professional purposes in the United Kingdom together with buildings fixtures and fittings and contents that are the Owner’s [or Tenant’s] responsibility and are kept or contained at the Property.

"Temporary Repair"
Means a repair which will resolve an Emergency but will (or may) need to be replaced by a Permanent Repair.

"Tenant"
Means the tenant or tenants occupying the Property under a tenancy agreement.

OPERATIVE PROVISIONS:

1.Emergency Repairs Service:
In the event of an Emergency the Company agrees to arrange for Emergency Repairs to be undertaken to the Property in accordance with and subject to the terms of this Agreement and to pay for the cost of such Emergency Repairs up to the stated limits of the ERS.

2. Limits of the ERS:
The amount the Company will pay in respect of any one claim under the ERS pursuant to this Agreement and in respect of any one Emergency shall not exceed a total sum of £750 inclusive of VAT in respect of: – the cost of Approved Contractor call-out charges and three hours labour and parts and materials (up to a maximum sum indicated above) and/or – overnight accommodation and/or transport to such accommodation for the Tenant up to a maximum cost of £400 inclusive of VAT.

3. Payment and Duration:
The Additional Management Fee payable by you to the Company for the services and benefits to be provided hereunder shall be in such sum as is noti.ed to you by the Company not less than one month prior to the Commencement Date. The Additional Management Fee is payable by you in advance and eligibility for the services and bene.ts made available by the Company hereunder shall cease when the twelve month period covered by such Additional Management Fee has expired without renewal or the Management Agreement between you and the Company in respect of the Property is terminated (if earlier). In the event of the early termination of this Agreement arising from the termination of the Management Agreement between you and the Company in respect of the Property then the Company shall repay to you one twelfth of the Additional Management Fee paid by you hereunder for each full month remaining under the term of this Agreement.

4. Automatic Renewal:
This Agreement shall be renewed and the Certificate therefore shall remain effective for successive twelve month terms commencing on 1st January in each year upon the continuation of the Management Agreement and the payment in advance of the additional Management Fee provided always that the Company has not given at least thirty days prior written notice to you that it will not maintain this Agreement in force.

5. Conditions:
5.1 The Company shall (at the Company’s own expense) be entitled to recover from any third party from whom such sum may be properly due, any payment or part thereof made by the Company under this Agreement and the Company may undertake such recovery in the Owner’s name. The Owner agrees to provide the Company with reasonable assistance in that regard

5.2 If any request is made for payment by the Company under this Agreement in respect of Emergency Repairs or overnight accommodation or transport in respect of which you or the Tenant could have made a claim under a guarantee or under an insurance policy or under another agreement or maintenance contract for the same loss or damage or expenditure then the Company, at its discretion, will be liable only for its share of the cost after deduction of all sums that are or ought reasonably or properly to have been recovered under such other guarantee, insurance policy, agreement or maintenance contract.

6. Incidents giving rise to an Emergency: Incidents that may result in an Emergency and thus fall within the ERS include:

6.1 Infestation or damage by vermin such as rats, mice or wasps nests inside the residential parts of the Property

6.2 Sudden unforeseen roofing problems such as leaks or tiles blown off during a storm or bad weather

6.3 Blockages in toilet waste pipes where there is only one toilet in the Property

6.4 Plumbing problems related to leaking pipes, blocked drains, water tanks or leaking radiators

6.5 Central heating or boiler failure in winter where there is no alternative heating

6.6 Gas or electrical emergencies within the Property where there is a risk to the Tenant’s health

6.7 Hot water failure where the Property has no other means of heating water

6.8 Loss of all keys required to access the Property

6.9 Securing of external doors and windows

6.10 Falling trees or branches, in the event of a severe storm where there is a risk to the Tenant’s health or safety or of damage to the residential part of the Property.

7. Exclusions: This Agreement and the ERS does not extend to and no sums will be payable by the Company under it in respect of:

7.1 Loss or damage arising from circumstances known to you prior to the Commencement Date (and upon its renewal the renewal date) of this Agreement

7.2 The cost of replacement parts due to natural wear and tear

7.3 Breakdown or loss or damage to domestic appliances such as freezers, washing machines, microwaves and dishwashers, or other domestic equipment such as saniflow toilets, burglar alarms, entry phone systems and TV aerials

7.4 Loss or damage arising from subsidence caused by bedding down of new structures, demolition or structural repairs or alterations to the property, faulty workmanship or use of defective materials or rust or coastal erosion, or from woodworm, dry rot or similar infestation

7.5 Any losses relating to or arising from the attempted repair by you or the Tenant or your (or the Tenant’s) own contractor

7.6 Any loss where you or the Tenant did not promptly contact us to arrange for Emergency Repairs

7.7 Any Emergency in an unoccupied Property

7.8 Infestation or damage by vermin such as rats, mice or wasps nests outside the main dwelling at the Property e.g. in garages or other out-buildings

7.9 Any redecoration, both internal and external to the Property or replacement of furniture, carpets, curtains, other furnishings, fixtures or fittings

7.10 Any cleaning within the Property and garden maintenance including the replacement of fences etc except for those posing a threat to the structure of the residential part of the Property

7.11 Any breakdown of: (i) storage heaters except in circumstances where this represents the only source of heating within the Property (i.e. an instance where one storage heater fails to function but where other storage heaters are working would not be classi.ed as an Emergency). (ii) Boilers or other heating appliances over ten years of age where we are advised that a Temporary Repair is not viable or practicable

7.12 The copying and cutting of keys where further sets are available or the loss of keys to out- buildings, garages, sheds etc.

7.13 Leaking taps that need re-washering

7.14 Loss or damage to personal items like paintings, electrical goods, jewellery, clothing etc.

7.15 Loss or damage arising from disconnection or interruption of mains services by the deliberate act of the Utility Company concerned or the cost of repairs to any underground supply pipe

7.16 Any consequential loss howsoever arising

7.17 Loss or damage arising from acts of God, riot, civil disturbance or strikes, acts of war or terrorism, malicious damage, major floods or destruction by explosion, .re, storm, lightning or earthquake, contamination by radioactivity or ionising radiations etc. or damage from sonic bangs, pressure waves, or from impact with any aircraft, vehicle or train (or damage caused by anything dropped therefrom). As the managers of the Property on your behalf the Company will of course be prepared to offer advice and management services in all the above circumstances but will not be responsible under the ERS and this Agreement for any costs arising in respect of loss or damage to excluded items or arising from causes or incidents excluded from the scope of this Agreement.

8. Major Emergencies: Major emergencies shall include emergencies arising from incidents extending beyond the property alone (including but not limited to those referred to in 7.17 above) and/or which result or could result in serious damage or damage to life or limb and/or damage caused to Essential Services should be immediately advised to the public Emergency Services and/or the relevant supply company. Gas leaks must immediately be noti.ed to the local gas company. Such major emergencies (save in respect of central heating or boiler failure as provided for in clauses 6.5 and 7.11 above) are speci.cally excluded from the emergencies covered by this agreement.

9. Entire Contract: This certificate and the terms and conditions set out in it constitute the entire Agreement between the parties in relation to the ERS. No change in the terms of this Agreement or alterations to this Certi.cate shall be valid unless agreed in writing and signed by a Director of the Company and have been notified in writing to you.

10. Acknowledgement and Dispute Resolution:

10.1 The Owner acknowledges and agrees that the Company shall be entitled to act entirely in accordance with its discretion in determining whether an incident constitutes an "Emergency" and, if it does, the appropriate steps to be taken and the contractors to be appointed to undertake the necessary remedial work

10.2 In circumstances where there is a dispute between the Owner and the Company in relation to the validity of a call for action and payment by the Company under this Agreement that issue will be determined by the Company alone in its discretion and the Owner will accept the determination of the Company as the final settlement of the matter in question

10.3 In circumstances where there is a dispute between the Owner and the Company in relation to the steps the Company proposes to take in the handling of a particular Emergency or otherwise under this Agreement (save as regards the validity of a call upon this Agreement) the parties will refer the issue to the Independent Surveyor or if the Owner so requires another independent surveyor to be agreed between the Owner and the Company and, in the event of disagreement, to a surveyor to be appointed by the President for the time being of the Royal Institute of Chartered Surveyors, who shall act as an expert and not as an arbitrator and whose decision shall be accepted by the parties as .nal. The costs of such surveyor shall be borne in the proportions determined by the said surveyor or in the event that no such determination is made equally by the parties hereto.

11. Governing Law: The construction validity and performance of this Agreement shall be governed by English law.

12. Enquiries and Complaints: Any enquiries or complaints you may have regarding this Agreement and any communications relating hereto should be addressed to JSM Property Management Limited, Emergency Repairs Service Department, Deben House, 8a Church Street, Woodbridge, Suffolk IP12 1DH. Tel: 01394 380218 Fax: 01394 380508 or e-mail at: emergency.repairs@jsmproperty.com

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