Terms and Conditions of Engagement
Last updated
General
These Terms and Conditions govern the Services and Report provided by CJ Bloor Property Consultants Limited (hereinafter referred to as ‘the Company,’ ‘we,’ ‘us,’ or ‘our’) as per the instructions received from you, the Client (hereinafter referred to as ‘the Client,’ ‘you,’ or ‘your’), as identified in the Booking Form. This includes any amendments resulting from subsequent requests and agreed changes. The attached Booking Form, and these Terms and Conditions collectively constitute the binding contract between the Company and the Client. In the context of these terms “Surveyor” shall mean the Surveyor, and/or Valuer, depending on the type of service you have commissioned. The “Report” means the RICS Home Survey Report corresponding to the service instructed by the Client, being either a RICS Home Survey Level 2 or RICS Home Survey Level 3. For the avoidance of doubt, this Company’s Home Survey services depart from the standard RICS Home Survey description insofar as reinstatement cost assessments and repair costings are not included as standard within any Home Survey service, including Home Survey Level 2 with valuation and Home Survey Level 3. Such assessments will only be provided where expressly agreed in writing prior to the inspection and specifically listed in the Booking Form. Where provided, they constitute an additional professional service and do not alter the nature or scope of the Home Survey service instructed. By instructing the Company, the Client expressly acknowledges and accepts this departure from the standard RICS Home Survey descriptions of service. Subject to express agreement to the contrary and any agreed amendments/additions, the terms on which the Surveyor will undertake the Survey are set out below. We will perform our services with reasonable skill and care. None of the Company’s employees, directors or consultants individually has a contract with the Client or owes the Client a duty of care or personal responsibility. The Client agrees that they will not bring any claim against any such individuals personally in connection with the Survey, valuation (where instructed), or Report. For the avoidance of doubt, where a surveyor refers to themselves in the first person within any advice provided, this is strictly within the context of their role as an employee or representative of the company and any liability rests solely with the Company and not that individual personally. Should the Client suffer loss as a result of any breach of contract or negligence on the part of the Company, our liability shall be limited to a just and equitable proportion of that loss having regard to the extent of responsibility of any other party. This provision shall operate subject always to the overall liability cap set out in these terms. Our liability shall not increase by reason of a shortfall in recovery from any other party, whether that shortfall arises from an agreement between the Client and them, or the Client’s difficulty in enforcement of any other cause. We will, unless otherwise expressly agreed, rely upon information provided by the Client, the Client’s legal or other professional advisers, or those of the vendor or lessor (where appropriate) relating to tenure, tenancies, and other relevant matters. We will process your personal data in accordance with applicable data protection legislation and our Privacy Policy. We will only share your personal data with third parties for related services, such as, but not limited to, conveyancing or removals, where you have expressly opted in to receive such communications or where there is another lawful basis for doing so. You may withdraw your consent at any time in accordance with our Privacy Policy. The service does not include an asbestos inspection and falls outside the scope of the Control of Asbestos Regulations 2012. Our Inspection will be carried out in accordance with the RICS Home Survey Standard where safe and reasonably practicable to do so. No items of furniture, furnishings or personal belongings will be moved by the Surveyor. The Report will be prepared by a suitably qualified Surveyor who is a member of the Royal Institution of Chartered Surveyors (RICS) holding one of the membership grades; AssocRICS, MRICS, or FRICS. Clients are not permitted to accompany the Surveyor during an inspection. Where a valuation is provided as part of the service, it will be undertaken by, or formally checked and countersigned by, a surveyor who is a member of the RICS Valuer Registration Scheme prior to issue of the Report. No valuation will be issued without such oversight.
Use of Artificial Intelligence
The Company may from time to time use artificial intelligence systems, automated processing tools or similar technologies (“AI Tools”) to assist with internal administrative, analytical, drafting or quality-control functions. The Company will not upload, input or disclose confidential client information or personal data into any third-party AI system unless: (a) such use is lawful and compliant with applicable data protection legislation; (b) appropriate safeguards are in place to protect confidentiality; and (c) where required, the Client has provided prior informed consent. The Company remains responsible for the professional content of the Report and will ensure that any use of AI Tools does not replace professional judgement or reduce the standard of care owed to the Client. The Company maintains internal policies governing the responsible use of AI in accordance with applicable professional standards and regulatory guidance.
Fees and Expenses
The Client will pay CJ Bloor Property Consultants Limited the agreed fee, as per our invoice, for the Report (which is inclusive of VAT) and any expressly agreed disbursements. By paying the fee you agree to these terms and conditions. We reserve the right not to arrange an inspection of the property until the fee has been paid in full. Fees taken in advance are not client money and are not subject to the RICS client money protection scheme. Payment of the agreed fee may be made by the Client directly or by a third party on the Client’s behalf as part of a commercial or referral arrangement. Where certain services cannot be provided due to circumstances outside the Company’s control, the financial consequences shall be determined in accordance with the relevant provisions set out elsewhere in these Terms and Conditions, including the section headed “Additional Professional Services”. Where the Surveyor is unable to access any part of the property due to circumstances outside our control, including but not limited to lack of access arrangements or vendor unavailability, a re-inspection fee of £150 inclusive of VAT will apply should you request a further visit. This fee reflects the additional administrative and professional time involved and applies only where the need for re-inspection is not attributable to the Company. Whilst every reasonable effort will be made to carry out the Inspection at the date/time agreed, we cannot be held liable for any losses caused by matters outside our control, such as, but not exclusively: surveyor illness; traffic/vehicle delay/breakdown; extreme weather conditions; or vendor unavailability.
Report Distribution
Unless otherwise expressly agreed in writing, the Report will be issued to the Client by email only. Where the Client requests distribution of the Report by any alternative means, including but not limited to printed copies or postal delivery, an administration fee of £20 inclusive of VAT shall be payable in advance. Any alternative method of distribution shall be subject to, and governed by, these Terms and Conditions of Engagement.
Cancellation Policy
Nothing in these Terms and Conditions affects your statutory rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015. Where you expressly request that the inspection and/or report be carried out within the 14-day cancellation period, you acknowledge and agree that, once the inspection has commenced, you will be required to pay for the services performed up to the point of cancellation, calculated on a reasonable and proportionate basis. Where the service has been fully performed within the 14-day cancellation period, the Client acknowledges that the right to cancel will be lost upon completion of the service. This acknowledgement forms part of the contract between us and is confirmed at the time of booking. Our cancellation policy is relevant within, as well as outside the 14-day cooling off period, and is:
- If you cancel at any time between booking your appointment and 2pm on the last working day before the scheduled appointment, an administration fee of £75 including VAT will be charged to cover the costs associated with the cancellation.
- If you cancel after 2pm on the last working day before the scheduled appointment, but before the inspection takes place, you will be charged 50% of the agreed fee.
- If you cancel on the day of the scheduled appointment, or after the appointment takes place, you will be charged 100% of the agreed fee.
Any cancellation request sent on a Saturday, Sunday or public holiday will be treated as received on the next working day. If you have purchased Cancellation Protection with your survey, the £75 administration fee set out above will not apply and you will only be charged £30 (including VAT). The 50% and 100% cancellation charges set out above will still apply. All cancellations must be made in writing.
Restriction on Disclosure
The Report is prepared solely for the Client and for the specific purpose stated in it. The Report is confidential to the Client and may be disclosed to the Client’s professional advisers for that purpose only. It shall not be disclosed, copied, summarised, extracted, transmitted, uploaded or relied upon by any other person nor reproduced in whole or in part, without the prior written consent of CJ Bloor Property Consultants Limited. No third party may rely upon the Report unless we have expressly agreed such reliance in writing by way of a reliance letter, on agreed terms and subject to payment of any applicable fee.
Use of Report in Artificial Intelligence Systems
The Report and any associated documents remain the intellectual property of CJ Bloor Property Consultants Limited and are provided solely for the Client’s personal use for the purpose stated in the instruction. The Client shall not upload, input, transmit, share, reproduce, summarise or otherwise provide the Report (in whole or in part) to any artificial intelligence system, automated analysis platform, machine learning tool, large language model, public forum or similar system without the prior written consent of the Company. This restriction includes, without limitation, generative AI systems such as ChatGPT or any comparable service. The Company accepts no liability whatsoever for any loss, damage, misinterpretation or consequence arising from the Report being uploaded to, processed by, summarised by, altered by, or relied upon through any such system without the Company’s express written consent. Any unauthorised use in breach of this clause shall constitute a material breach of these Terms and Conditions.
Contracts (Rights of Third Parties) Act 1999
Our liability in respect of this report is limited to the Client. There is no intention to confer any third party right as described in the Contracts (Right of Third Parties) Act 1999.
Limitation of Liability
The Royal Institution of Chartered Surveyors recommends the use of liability caps as a reasonable means of managing professional risk. Our aggregate liability to you arising out of, or in connection with this instruction, whether arising from negligence, breach of contract, or otherwise, shall not exceed £250,000. This cap applies to the instruction as a whole and includes any liability arising in respect of any Additional Professional Services. This limit is reasonable and proportionate having regard to the scope of the services provided. Nothing in these Terms limits or excludes liability for death or personal injury caused by our negligence.
Jurisdiction
English law shall apply in every respect in relation to the service and the agreement with the Client which shall be deemed to have been made in England. In the event of any dispute arising in connection with the Report provided by CJ Bloor Property Consultants, the parties will submit to the jurisdiction of the English courts only. Any dispute shall be subject to CJ Bloor Property Consultants Limited’s Complaints Handling Procedure.
RICS Monitoring
Your file may be subject to monitoring as we are a RICS-regulated firm and will need to be provided to RICS upon request. We will retain all files and documents for a reasonable period, which will in any event be not less than 6 years after completion or termination of the service(s). These will be securely stored and available for future inspection, if required, for up to a maximum of 15 years.
Complaints Procedure
In the unlikely event of dissatisfaction, CJ Bloor Property Consultants Limited has a formal complaints procedure. A copy of this Procedure will be provided on request.
The Service
The Company will provide RICS Home Survey services in accordance with the current edition of the RICS Home Survey Standard and these Terms and Conditions of Engagement. The core service is the Home Survey, being either a RICS Home Survey Level 2 or a RICS Home Survey Level 3, as confirmed in the Booking Form. Where expressly agreed in writing, additional professional services may be provided alongside the Home Survey, including a market valuation, reinstatement cost assessment, and / or repair costings. Any such additional service is provided separately from, and does not alter, the nature, scope or inspection requirements of the Home Survey service instructed. Only the Home Survey service and any additional services expressly listed in the Booking Form apply. No other services are included unless agreed in writing prior to the inspection.
The Surveyor
The Surveyor, who will be appropriately qualified, will advise the Client by means of a written Report as to his opinion of the visible condition and state of repair of the property where visible.
The Inspection
The inspection is a visual, non‑intrusive inspection of the property, carried out as far as is reasonably accessible at the time of inspection. The Surveyor will inspect the inside and outside of the main building and any permanent outbuildings. The Surveyor will not force or open up the fabric of the building. This includes not lifting fitted carpets or floor coverings, not moving furniture, not removing stored items, not removing secured panels or hatches, and not undoing electrical fittings. The inspection is limited to those areas that are safely and reasonably accessible. Where access is restricted or parts of the property cannot be inspected, this will be noted in the Report together with any associated implications or recommendations. The Surveyor may use basic inspection equipment such as a damp meter, smart phone, binoculars and a torch. A ladder may be used to inspect flat roofs and accessible hatches up to approximately three metres above ground or floor level where it is safe to do so. The Surveyor does not carry out specialist tests and does not assess the efficiency, performance or safety of electrical, gas, plumbing, heating or drainage installations, nor the internal condition of chimneys, boilers or flues.
The Report
The Surveyor will prepare a written report based on the inspection. The Report is prepared for the sole use of the Client for the purpose of the instruction and must not be relied upon by any third party. The Report will include condition ratings applied to the main elements of the property using the following scale:
- Condition Rating 3. Defects that are serious or urgent and require repair, replacement or further investigation.
- Condition Rating 2. Defects that require repair or replacement but are not considered urgent or serious.
- Condition Rating 1. No repair is currently needed.
- Elements not inspected.
- Matters requiring further investigation or documentation before legal commitment.
Where parts of the property could not be inspected, this will be clearly stated and further investigations may be recommended.
RICS Home Survey Level 2
Where the Client has instructed a RICS Home Survey Level 2, the service comprises a visual inspection and a concise report focusing on significant visible defects and matters that may affect the Client’s decision to proceed. The Level 2 service provides advice on condition and highlights defects requiring repair or further investigation. It does not include detailed advice on defect causation, remedial design, repair methods or timescales. As part of the service, the Surveyor also undertakes a desk-top study and makes reasonable oral enquiries for information about matters affecting the property, proportionate to the nature of the service. External wall systems are not assessed for the purposes of cladding or fire safety compliance as part of the RICS Home Survey Level 2 service. The Surveyor does not carry out investigations, testing or sampling for contamination or environmental hazards, and does not confirm the presence or absence of contamination. Where visible signs or information give rise to concern, further specialist investigation will be recommended. For flats, the Level 2 service does not include inspection of drains, lifts, fire alarms or security systems. Additional professional services, where instructed, are dealt with under the section headed ‘Additional Professional Services’.
RICS Home Survey Level 3
Where the Client has instructed a RICS Home Survey Level 3, the service comprises a more detailed and extensive inspection and report. The Level 3 service provides detailed advice on the condition of the property, describes the nature and probable causes of defects, outlines the potential consequences of failing to address those defects and may, where expressly agreed in writing prior to the inspection, and where reasonably practicable, include indicative advice on repair options, broad cost ranges and likely timescales. The service also includes a desk-top study and appropriate enquiries in accordance with the RICS Home Survey Level 3 standard. The Surveyor undertakes a desk-top review and makes reasonable enquiries regarding potential contamination or environmental hazards. The Surveyor does not test or sample and does not confirm contamination, but will recommend further specialist investigation where appropriate. For flats, the Level 3 service may include inspection, within the identifiable boundary of the subject flat, of drains, lifts, fire alarms and security systems, limited to their normal operation only and without specialist testing. Additional professional services, where instructed, are dealt with under the section headed ‘Additional Professional Services’.
Additional Professional Services
Additional Professional Services may be provided where expressly agreed in writing prior to the inspection and specifically listed in the Booking Form. Such services may include, but are not limited to, a market valuation, reinstatement cost assessment, repair costings, or drone-assisted inspection. Reinstatement cost assessments and repair costings are not included as standard within the Company’s Home Survey services. This represents a departure from the standard RICS Home Survey description and applies to all Home Survey services unless expressly agreed in writing. Such services will only be provided where expressly agreed in writing prior to the inspection and specifically listed in the Booking Form. Where provided, any additional professional service is provided separately from, and does not alter, the nature, scope or inspection requirements of the Home Survey service instructed.
Conditional Provision of Additional Professional Services
The provision of any Additional Professional Service is conditional upon the Surveyor being able, in their reasonable professional judgement and in accordance with applicable RICS standards and guidance, to undertake that service safely, lawfully, and on the basis of sufficient reliable information. The Company reserves the right not to provide an Additional Professional Service where, in the Surveyor’s reasonable professional opinion:
- the nature, size, construction type, complexity or condition of the property makes preparation of the relevant assessment inappropriate, unreliable or outside the Surveyor’s professional competence;
- sufficient market evidence or comparable transactional data is unavailable to provide a valuation with reasonable professional certainty;
- required documentation (including but not limited to statutory approvals, title documentation, cladding documentation, EWS1 forms, repair cost breakdowns or other third-party information) is unavailable, incomplete, inconsistent or unreliable;
- environmental conditions, airspace restrictions, legal restrictions, health and safety considerations, privacy constraints, access limitations or other matters beyond the Company’s reasonable control prevent safe or lawful delivery of the service; or
- any other circumstance arises which would render provision of the service professionally inappropriate or contrary to RICS standards, professional obligations or applicable law.
Where an Additional Professional Service cannot be provided for any of the above reasons: (a) this shall not constitute a breach of contract; (b) the Home Survey service (where instructed) shall proceed unaffected unless otherwise agreed; and (c) the Company’s liability shall be limited to refunding the fee paid in respect of the relevant Additional Professional Service only. For the avoidance of doubt, no refund shall be due in respect of the Home Survey service itself where that service has been carried out in accordance with these Terms and Conditions.
Materials, Construction, Services, Fixtures and Fittings, and so on
Unless otherwise expressly stated in the Report, the Surveyor will assume that no deleterious or hazardous materials or techniques have been used in the construction of the property. However, the Surveyor will advise in the Report if, in his view, there is a likelihood that high alumina cement (HAC) concrete has been used in the construction and that, in such cases, specific enquiries should be made or tests carried out by a specialist. Where visible, lead water supply pipes and asbestos will be noted, and advice given. The Surveyor will advise if there are transformer stations or overhead power lines which might give rise to an electro-magnetic field, either over the subject property or visible immediately adjacent to the property, but the Surveyor cannot assess any possible effect on health. The Surveyor cannot report on any underground cables. The Surveyor will not carry out an asbestos inspection and will not act as an asbestos inspector when inspecting properties that may fall within the Control of Asbestos Regulations 2012. With flats, the Surveyor will assume that there is a duty holder (as defined in the regulations), and that an asbestos register and an effective management plan is in place which does not require immediate expenditure and does not present a significant risk to health. The Surveyor will not consult the duty holder. The Surveyor will assume that;
- Mains services and the roads giving access to the property have been adopted;
- That in the case of a new property for which the construction has not been completed, the construction will be satisfactorily completed; and
- That in the case of a newly constructed property, the builder is a registered member of the NHBC or equivalent and has registered the subject property in accordance with the scheme concerned; and
- That where the property is part of a building comprising flats or maisonettes, unless instructed or otherwise aware to the contrary, the cost of repairs and maintenance to the building and grounds are shared proportionately between all the flats and maisonettes forming part of the block, and that there are no onerous liabilities outstanding.
Consents, Approvals and Searches
The Surveyor will assume that:
- the property is not subject to any unusual or onerous restrictions or covenants which apply to the structure or affect the reasonable enjoyment of the property.
- all bye-laws, Building Regulations and other consents required have been obtained. In the cases of new buildings, and alterations and extensions which require statutory consents or approvals, the Surveyor will not verify whether such consents have been Any enquiries should be made by the Client or their legal advisers. Drawings and specifications will not be inspected by the Surveyor.
- the property is unaffected by any matters which would be revealed by a Local Search (or their equivalent in Scotland and Northern Ireland) and replies to the usual enquiries, or by a Statutory Notice, and that neither the property, nor its condition, its use, or its intended use, is or will be
- the property is sold with ‘vacant possession’ (your legal adviser can give you more information on this term);
- the condition of the property, or the purpose that the property is, or will be, used for does not break any laws;
- for leasehold properties, there is a fixed ground rent and service charge which does not exceed £250 and £1,000 respectively. If the property is inside London, the Surveyor will assume there is a fixed ground rent of £1,000 and service charge of £5,000.
The Surveyor will report any more assumptions that have been made, or found not to apply. If the property is leasehold, the Report will explain what other assumptions the surveyor has made.
Matters Excluded from All Home Survey Services
The following are excluded from all Home Survey services unless expressly agreed in writing:
- Testing or commissioning of services
- Asbestos inspections or testing
- Opening up or invasive investigations
- Environmental or contamination surveys
- Structural calculations or design advice
- Detailed schedules of works
- Supervision of repair works
Any services of the type listed above fall outside the scope of the Home Survey and, if instructed at all, would be subject to a separate contract and separate terms of engagement.
Flats
Unless otherwise agreed, the Surveyor will inspect only the subject flat and any garage (if applicable), together with those internal and external common parts and elements of the building that are reasonably accessible and have a direct bearing on the subject property. Other flats or properties within the building will not be inspected. The inspection of flats is limited to accessible and visible parts of the building that are relevant to the subject flat, including accessible communal areas providing access to the flat and external surfaces visible from within the site or from adjoining public land where accessible. The Surveyor will not enter on to any private land that is not in control of the vendor. The Surveyor will state in his Report any restrictions on accessibility to the common parts or visibility of the structure. Where applicable, the Surveyor will state whether they have seen a copy of the lease and, if not, the assumptions as to repairing obligations on which they are working. The Client is reminded that, particularly in the case of large blocks, the object of the Inspection is to give guidance on the general standard of construction and maintenance, pointing out those items which will require attention within, say, the next decade, and not to list those minor points which would normally be taken care of in the course of routine maintenance. Many flats form part of large developments consisting of several blocks. In such cases the Surveyor will be inspecting only the one block in which the flat is situated.
Valuations
Where a market valuation is provided, it will be carried out in accordance with the RICS Valuation Global Standards and will be undertaken by, or formally checked and countersigned by, a surveyor who is a member of the RICS Valuer Registration Scheme prior to issue. The Surveyor will assume that an inspection of those parts which have not yet been inspected would not reveal significant defects or cause the surveyor to alter their valuation; The valuation does not take account of any furnishings, removable fittings, and sales incentives of any description. For flats and properties within buildings with external wall systems, a valuation may not be possible without suitable cladding documentation, such as a valid EWS1 form. Where the Company is unable to provide a valuation due to missing, incomplete, unsuitable or unreliable documentation or information required for the purposes of complying with RICS Valuation Global Standards, the Company shall be entitled to retain a sum reflecting the reasonable professional time and work undertaken up to the point at which it becomes apparent that the valuation cannot properly be completed. The Home Survey fee (where applicable) remains payable in full where that service has been completed. Please also refer to the section headed ’Valuations of Flats and Buildings with External Wall Systems’.
Valuations of Flats and Buildings with External Wall Systems
Where the property forms part of a building with external wall systems or cladding, the valuation is subject to the availability and suitability of any required EWS1 form or equivalent documentation. The Company will rely on such documentation where provided and accepts no responsibility for its accuracy or completeness. If the property being valued is a flat with cladding to any parts of the building, the following shall apply: It is the customer’s responsibility to provide us with a copy of a suitable cladding report (e.g., EWS1 form or equivalent) signed by an approved signatory. CJ Bloor Property Consultants Limited shall make no comment on the report and accepts no responsibility or liability for any errors or omissions in the form. Where we provide a valuation which is based on such a report, a liability exclusion clause shall apply as follows: In arriving at the valuation, we have relied on an EWS1 form, prepared by a professionally qualified third party. In doing so, we are not offering any advice as to the accuracy, completeness, or fitness for purpose of the form or its content, and neither the individual preparing the valuation nor this firm shall have any liability to you, or to any third party with whom you share the valuation, for any losses or potential losses arising directly and solely as a result of any inaccuracies or errors in, or otherwise in any way related to, the EWS1 form. Any person requiring more information should obtain independent advice. If there are any suspected or known issues with the fire safety of the building, we are unable to carry out a valuation unless you are able to provide evidence of the full cost of repair that the owner of the subject property, will be liable for and anticipated repair timescales involved. Where both CJ Bloor Property Consultants Limited and the Client have agreed the property is to be valued on the assumption that the cladding and fire safety of the building meets current standards, CJ Bloor Property Consultants Limited can accept no liability should this prove, at a later date, not to be the case. If the property is within a building that meets the criteria for requiring an EWS1 in line with current RICS guidance, or, in the Surveyor’s professional opinion, that one is needed, you must supply a valid EWS1 form in order for us to be able to provide a valuation. The signatory must hold an appropriate level of membership of one of the professional bodies signaled as appropriate in the latest MCHLG guidance. We reserve the right to refuse to rely on an EWS1 Form should the signatory appear to be unsatisfactory. If the EWS1 is rated A3 or B2 you must also provide sufficient details of the repairs required, the full cost of repairs that the owner of the subject property will be liable for, the anticipated repair timescales and details of any increases to service charges. We are unable to provide a valuation without this information. You are required to confirm on our dedicated form that we can rely on this information for the purpose of providing the valuation. CJ Bloor Property Consultants Limited can accept no liability should the details provided to us prove, at a later date, to be incorrect. If any information provided cannot be verified, is incorrect or is missing, CJ Bloor Property Consultants Limited may be unable to offer a valuation. In such circumstances, the Company shall be entitled to retain a sum reflecting the reasonable professional time and work undertaken up to the point at which it becomes apparent that the valuation cannot properly be completed. Any sum retained shall be proportionate to the work carried out and shall not exceed the valuation element of the agreed fee.
Drone Usage
The use of drones to assist with inspection is not included as standard within any RICS Home Survey service. Drone-assisted inspections may be undertaken at the Surveyor’s professional discretion and subject to availability, or where expressly agreed in writing as an additional service prior to the inspection. The decision to deploy a drone will depend on site-specific circumstances and may be affected by environmental and practical factors including, but not limited to, weather conditions, wind, rain, visibility, airspace restrictions, privacy considerations and health and safety requirements. Drone-assisted inspections are subject to the provisions set out under “Conditional Provision of Additional Professional Services”. Where deployment is not possible for the reasons stated therein, the Company’s liability shall be limited to refunding the fee paid for the drone element only.