Fixture and Fitting is generally known as any item that is fixed on the wall or attached on the floor. The item could be bolted with a screw, attached on cement or it is hanged on a nail. The items could be big or small in size. For example air-conditioner, kitchen cabinet, hob and hood, stone chair, furniture, temporary but movable tent and etc.
In a sale and purchase agreement, both parties must agree on the fixtures and fittings that may be leave behind by the seller to buyer. As the seller may think the items are valuable or sentimental while the buyer may feel it is useful to remain or the cost of getting away the item may be high. In many cases, a property is sold on as is where is together with the fixtures and fittings hence the inventory list is inserted into the agreement to avoid dispute at the end of the transaction. If the seller thinks to lower the purchase price, he may strip away the fixtures and fittings and the property may turn up to be a bare unit.
The guide of preparing the inventory list of fixtures of fittings:
- define the items and numbers ie. One Pentonic Brand 1 horse power air-conditioner at the master bed room;
- take the picture of the items and the Property and ensure the items are capture inside the picture. The said pictures shall exhibited as part of an agreement;
- whether the warranty is transferrable;
- to explicit mention to remove certain fixture and fittings ie. any cupboard for religion purposes;
- whether it is the duty of the Seller to patch up hole upon removal of the said items; and
- would you be able to live without having the said item.
After the confirmation of the inventory list, whether the Seller owes the duty to the Purchaser to maintain the said fixtures and fittings prior to vacant possession the Purchaser. The parties may also consider the warranty given to each other the right to claim for damages in the event the fixtures and fittings are not delivered as agreed. Therefore, a sale and purchase agreement must be prepared to deal with the issues.