1. Definitions

"Company" / "We" / "Us": Marc James Early, trading as MERLO Property Inspections, providing property inspections, snagging, condition surveys, visual MEP assessments, project oversight, risk reviews, urban planning checks, market valuations and construction quality control services.

"Client" / "You": Any individual, company or entity commissioning our services.

"Report": Any written or digital document, checklist, risk register, observation log, market valuation opinion, photographic report or recommendation produced as part of the commissioned services.

2. Scope of Services

MERLO provides visual, non-intrusive inspections, risk reviews and quality assessments for residential and commercial properties.

Our services may include:

• Property condition surveys

• Snagging inspections

• Visual MEP assessments

• Pre-purchase and pre-works risk reviews

• Construction quality oversight

• Urban planning and compliance risk checks

• Market valuations (non-bank, non-mortgage)

• Maintenance forecasts

• Project handover and snagging reports

The services available will depend on the agreed scope, the nature of the property and the professional requirements applicable to each service.

MERLO does not issue statutory certifications, regulatory compliance certificates or formal technical reports reserved by law for appropriately qualified and authorised professionals. Where specialist professional services are required, these may be referred to or arranged with suitably qualified and authorised independent professionals.

2.1 Apartments and Communal Areas

For apartments or properties within multi-unit buildings, the inspection is limited to the privately owned dwelling only. Communal or shared areas, including but not limited to roofs, stairwells, lifts, corridors, façades and shared services, are excluded unless expressly agreed in writing.

3. Nature of Inspection & Limitations

Inspections are primarily visual, non-invasive and non-destructive, unless a different scope is expressly agreed in writing.

Reports are limited to defects, conditions and issues reasonably identifiable in visible and accessible areas at the time of inspection.

The inspection does not involve opening up, dismantling, destructive testing or removing permanent finishes, fixtures or building elements.

Hidden, latent, concealed or inaccessible defects may not be identifiable through the agreed inspection methodology. Where further investigation or specialist testing is recommended, this will be indicated in the Report where appropriate.

Any structural, legal or regulatory observations made as part of a standard inspection are general observations only and do not constitute certified professional opinions, formal structural assessments or legal advice.

4. External Areas

External areas, including gardens, terraces, balconies, fencing, boundaries, paved surfaces and access areas, are inspected visually only.

The inspection does not verify:

• Legal boundaries or ownership

• Ground conditions or drainage performance

• Structural adequacy

• Compliance with building codes or planning regulations

Any significant defect or safety risk identified should be assessed by an appropriately qualified professional.

5. Urban Planning and Legal Reviews

When urban planning, licensing or compliance reviews are included in an agreed service, the Company may:

• Identify potential risk indicators

• Flag missing approvals or required documentation

• Recommend verification by specialised professionals or the relevant authorities

The Company does not grant planning approval, provide legal advice or issue official certifications.

6. Market Valuations

Any market valuations or market value opinions provided by MERLO are indicative assessments based on available comparable information, property characteristics and relevant market information.

They do not constitute mortgage, bank, tax or statutory valuations and must not be relied upon for lending, taxation, inheritance or legal proceedings where a formal valuation by an appropriately qualified and authorised valuation professional is required.

7. Mechanical, Electrical & Plumbing (MEP) Systems

MEP systems are assessed according to the agreed inspection scope and may include:

• Boilers, heat pumps, radiators and visible HVAC equipment

• Visible electrical outlets, switches, consumer units and fittings

• Visible plumbing fixtures and sanitaryware

• Accessible water supply and drainage systems

Where a separate MEP assessment has been commissioned, limited functional checks and non-invasive testing of accessible systems may be carried out using appropriate inspection equipment.

The extent of testing depends on the availability of connected utilities, operational equipment, safe access and suitable testing conditions.

MEP assessments do not constitute statutory electrical inspections, electrical installation certificates, gas safety certificates, boiler commissioning certificates, HVAC commissioning certificates or formal regulatory compliance assessments.

Where further investigation or specialist certification is required, this should be undertaken by an appropriately qualified and authorised professional.

8. Exclusions & Safety

MERLO acts independently and does not manage contractors unless a separate service has been expressly agreed in writing.

The Company is not responsible for site safety, construction methods or contractor performance.

Inspections may be restricted where access is unsafe, equipment is inaccessible or conditions prevent a reasonable assessment.

9. Report Limitation

The Report reflects the conditions and information available at the time of inspection and within the agreed scope of work.

It does not constitute:

• A safety certificate

• A statutory compliance certificate

• A warranty or guarantee of property condition

Items such as pools, balconies, railings, electrical panels, gas installations and safety systems are not certified and may require assessment by appropriately qualified professionals before use or occupation.

The Report is prepared for the Client and the specific property and purpose agreed at the time of booking. It should not be relied upon by third parties without the Company's prior written agreement.

10. Client Responsibilities

Clients must:

• Provide safe, legal and unrestricted access to the property and agreed inspection areas.

• Inform the Company of any known hazards, restricted areas or ongoing works.

• Ensure utilities are connected and available where operational checks are included in the agreed inspection scope.

• Provide accurate property information and relevant documentation where available.

The Client should consider any recommendations for further investigation or specialist assessment included in the Report.

11. Liability

MERLO Property Inspections will perform its services with reasonable care and skill, in accordance with the agreed scope of work and the nature of the service commissioned.

The Report is based on the conditions, information and areas accessible at the time of inspection. The Company cannot guarantee that every defect or issue will be identified, particularly where it is concealed, inaccessible or outside the agreed inspection scope.

Clients should seek further specialist advice where recommended or where matters fall outside the scope of the commissioned service.

Nothing in these Terms and Conditions shall exclude or restrict any liability, statutory rights or consumer protections that cannot lawfully be excluded or restricted under applicable Spanish or European legislation.

Any limitation of liability shall apply only to the extent permitted by applicable law.

12. Intellectual Property

All Reports, photographs and documents remain the intellectual property of MERLO Property Inspections, unless agreed otherwise in writing.

Reports may be used by the Client for personal or property transaction purposes relating to the inspected property. They may not be reproduced, distributed or published commercially without written consent, except where permitted by law.

13. Subcontractors

Where specialist services are required, the Company may recommend, coordinate or engage suitably qualified professionals, including architects, engineers and other technical specialists.

The scope of any specialist services, applicable fees and contractual arrangements will be communicated to the Client before the work is undertaken.

Where a specialist is independently engaged by the Client, that professional will be responsible for their own services and professional obligations.

Where MERLO contracts directly with the Client for additional specialist services, its contractual responsibilities will be determined by the specific agreement and applicable law.

14. Payment Terms

14.1 Fees & Pricing Basis

Inspection fees are calculated based on the agreed property size (m²), property type, service package and scope of work.

The applicable fee will be confirmed in the quotation provided to the Client before booking.

The Company reserves the right to verify the actual property size and scope during the inspection. Where the property or agreed scope differs materially from the information supplied by the Client, any additional fee must be communicated to and accepted by the Client before the additional work is undertaken.

All applicable taxes, including VAT (IVA), will be identified in the quotation or invoice.

14.2 Payment Terms

Unless otherwise agreed in writing, the standard payment arrangement is:

• A 50% deposit is required to confirm and reserve the inspection appointment.

• The remaining 50% balance is payable before the final Report is released.

Accepted methods of payment include:

• Bank transfer

• Bizum

• Card payment, where available

The Company reserves the right to postpone an inspection where the required booking deposit has not been received.

The final Report may be withheld pending payment of the outstanding agreed balance, subject to applicable law.

14.3 Cancellation Policy

Cancellations must be notified in writing.

Where the Client is acting as a consumer, any statutory right of withdrawal applicable to the contract will remain unaffected by this cancellation policy.

Where no statutory withdrawal right applies, or where it has lawfully expired, cancellation arrangements may take account of reasonable costs already incurred and resources committed to the booking.

Any cancellation charge must be reasonable, proportionate and consistent with applicable legislation.

Where an inspection has already been carried out, payment will be due for the services performed, subject to any applicable statutory withdrawal rights.

14.4 Rescheduling Policy

Clients should notify the Company in writing as soon as possible if they need to reschedule an inspection.

The Company will endeavour to accommodate reasonable rescheduling requests, subject to availability.

Where a late rescheduling request, failure to provide access or other circumstances attributable to the Client result in reasonable costs or losses for the Company, an appropriate charge may apply where permitted by applicable law.

Any such charge will be proportionate to the circumstances and will not affect mandatory consumer rights.

14.5 Additional Services

Any additional services, such as separate MEP assessments, specialist assessments or re-inspections, are charged separately and must be agreed with the Client before being undertaken.

Payment arrangements for additional services will be confirmed in the relevant quotation.

14.6 Client Acknowledgment

By booking an inspection, the Client confirms that they:

• Have received and accepted the agreed quotation and scope of work.

• Understand that fees are based on the agreed property size and service requirements.

• Understand the nature and limitations of the inspection service.

• Agree to the applicable payment arrangements.

Where the Client is a consumer, this acknowledgment does not waive any mandatory statutory rights.

15. Governing Law & Jurisdiction

These Terms and Conditions are governed by Spanish law.

Any disputes should first be addressed amicably between the parties.

If a dispute cannot be resolved amicably, it will be subject to the courts and authorities having jurisdiction under applicable Spanish and European legislation.

Nothing in this clause shall restrict mandatory consumer rights or statutory jurisdiction protections available to the Client.

16. Acceptance of Terms

By commissioning MERLO Property Inspections, the Client confirms acceptance of these Terms and Conditions and acknowledges the agreed scope and limitations of the service.

The Client will receive confirmation of the agreed service, applicable fees and booking arrangements before the inspection takes place.

Where the Client is a consumer and the contract is concluded at a distance or away from business premises, any applicable statutory information and withdrawal rights will be provided separately in accordance with the law.