1.0 Service of the Terms of Business
1.1 These terms ("Terms") of business are the sole defining document governing the provision of the service ("Services") of the Energy Assessor ("the EA") to the seller/landlord ("Client") of the property to be inspected ("Premises").
1.2 Full details of the Client ("Client"), the services, the premises, the appointment time, timetable and method of delivery of any report will be detailed by letter/email prior to inspection and will form part of the contract between the parties.
2.0 The Services
2.1 The Services shall consist of any inspection of the premises by the EA and subsequent submission of an Energy Performance Certificate ("EPC").
2.2 The EA will not provide: a) a survey, a condition report or property valuation. b) professional services other than related to the provision of an EPC. Any such additional services will be dealt with by a separate contract.
2.3 The EA will undertake a visual inspection and will not look at parts of the premises which are covered, unexposed or inaccessible. The EA will not pull up carpets or floorboards. Lofts will only be visually inspected if it is safe to do so, if access is within 3 metres of the floor and it is safe to do so.
3 Statutory Terms for the preparation of an EPC("Statutory Terms") 3.1 The EPC will be prepared with reasonable skill and care.
4.0 Fees and payment terms.
4.1 The Fees("Fees") payable for the services are to be paid in full(without any deduction or set-off)prior to the inspection, unless terms have been agreed.
4.2 The EA may charge interest on any outstanding fees from the due date for payment until the date payment is made, at the rate of 2% per day above the Bank of England base rate.
4.3 Any bank charges imposed on the EA, as a fault of the client, will be charged to the client. Interest will also be charged at the same rate as stated in clause 4.2.
5.0 Cancellations or Postponement
5.1 If the appointment is cancelled by the client on the day of the appointment for whatever reason, 100% of the fees will be payable. If the appointment is cancelled by the client giving less than 48 hours notice before the day of the appointment, for whatever reason, 50% of the fee will be payable.
5.2 The EA may terminate the contract if there is a conflict of interest.
6.0 Warranty and Complaints.
6.1 The EA warrants that the service will be performed in accordance with all legal requirements and the requirements of the EA�s scheme and any relevant code of practice.
6.2 Except as expressly set out in clauses 3.1 and 6.1, all warranties, terms and conditions, whether oral or written, express or implied by statue or otherwise which might have imposed obligations on the EA in relation to the services will be excluded to the fullest extent permitted by law.
6.3 The EA will provide a high level of customer care at all times. In the unlikely event of any complaint, the EA will seek to resolve the complaint by telephone, email or in person as quickly as possible. Should the client be unhappy with this response, they should write setting out full details of the complaint within 5 working days. The EA will usually respond within no more than 7 working days to allow for holidays. If the client is dissatisfied with the response the matter can be escalated to the EA's Accreditation scheme. A copy of the handling process is available upon request. This does not affect the clients rights.
7.0 Client Obligations 7.1 The client will at his or her own expense provide all such information and co-operation as is reasonably required to enable the EA to provide the services. This shall include a) provision of clear and safe access to all of the premises. b) ensuring that no child under the age of 16 is left alone to supervise the inspection.
8.0 Insurance The EA will maintain insurance cover in accordance with the requirements of the EA's Accreditation scheme and the minimum terms set by the Department of Communities and Local Government.
9.0 Liabilities 9.1 Notwithstanding anything to the contrary in these Terms, the liability of the EA under or in connection with this Agreement , whether arising from contract, negligence or howsoever will be limited as set out in this clause 9.
9.2 The liability of the EA is unlimited in respect of any liability arising from: a) death or personal injury caused by the negligence of the EA; b) any proven fraud on the part of the EA.
9.3 The aggregate total liability of the EA is limited to twenty thousand pounds sterling (�20,000) in respect of any claim for loss or damage to, the clients tangible property caused by the act or omission of the EA.
9.4 In respect of any other liability not otherwise covered by this clause 9, the EA's aggregate total liability is limited to ten thousand pounds sterling(£10,000).
9.5 The EA will not be liable for any special, consequential or indirect damages, loss of profits(including direct loss of profits), loss of business, loss of revenue, loss of goodwill or loss of anticipated savings arising out of or in connection with the Terms.
9.6 The Client accepts the fees have been set in relation to the risks being assumed by the EA under the Terms, and that accordingly the limitations on the liability of the EA detailed in this clause are reasonable.
10.0 Confidentiality and Data Protection 10.1 An EPC prepared by the EA must be entered onto the Register of EPC's.
10.2 Subject to clause 10.1 and any other contrary legal obligation: a) all personal information received from the Client will be treated as private and confidential, and will not be disclosed to any other party without consent, and b) the EA will comply with his or her obligations under the Data Protection Act 19998, and the Client is entitled to see any personal data held by the EA in respect of the Client.
11.0 Force Majure 11.1 Except for any payment obligation imposed on the Client, neither party will be liable for a delay in performing, or for a failure to perform, obligations if that delay or failure is caused by circumstances beyond the reasonable control of that party.
12.0 Third party Contractual Rights 12.1 The Client and a potential or actual buyer of the Premises may enforce the Statutory Term in clause 3.1
12.2 In relation to any other Terms, a person who is not a party to the Terms, has no rights under the Contracts(Rights of Third Parties)Act 1999 to enforce any of these Terms. This does not affect any right or remedy of a third party that exists, or is available, apart from the Act.
13.0 Applicable Law 13.1 The laws of England will govern the Terms, and the parties submit to the jurisdiction of the English courts.
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