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These terms and conditions apply to all contracts for the supply of services by the company to the client, these terms and conditions of business represent the agreement between you the client and UK-DEA. No variation of these terms shall be made without mutual consent of both parties.
It is important that the client reads and fully understands the Terms and Conditions as it establishes the working relationship between the both parties. The client is encouraged to seek clarification on any matter contained within the Terms and Conditions by contacting UK-DEA.
Terms of engagement
1.1. Before commencement of the service the Company will submit to the client our Terms of Survey, which will specify the services to be undertaken.
1.2. The Company will submit a quote for the services prior to assessment taking place, by accepting the quote the Client agrees to these Terms and Conditions, detailed herein.
1.3. The date and time of assessment will be agreed and confirmed by email before the assessment commences.
1.4. The Company may request certain information, in relation to the property in the form of a ' Pre-inspection Questionnaire' prior to the assessment, until such requested initial information and/or data has been received The Company is under no obligation to commence or undertake any work in respect of that Energy Performance Certificate (EPC).
1.5. The Client agrees to provide any such information and/or data as may be reasonably requested by The Company for the purposes of producing an EPC, and to make any third party aware of its similar obligations to do so, and that any information or documentation provided to UK-DEA shall be true and accurate. Further the Client hereby indemnifies UK-DEA for any such loss or damage UK-DEA may suffer directly or indirectly as a result of the Client's breach of this clause (1.5), such loss or damage not being limited to the legal costs of defending any civil claim or criminal penalty against UK-DEA arising from the Client's breach hereof.
1.6. Any time or costs undertaken to pursue or retrieve any fees due to UK-DEA will be passed on directly to the Client or relevant third party.
1.7. It is accepted by the Client that upon engagement UK-DEA have already delivered services in part to the Client, and there shall be no standard 'cooling off' period or cancellation of services without charge at this point.
1.8. UK-DEA will reschedule an appointment for an Energy Assessment that is cancelled through no fault of UK-DEA. The Client agrees that UK-DEA reserves the right to refuse the instructions for an EPC upon a second such cancellation.
1.9. UK-DEA will advise the Client that the Energy Performance Certificate has been produced (normally within 48 hours) and is available for them, and also will willingly explain the ratings and recommendations to the Client.
Clients Obligations
To enable the Company to perform its obligations under this agreement the customer will:-
2.1 Co-operate with the Assessor.
2.2 The assessor will require access to all areas of the dwelling, including loft space.
2.3 It is the Client's responsibility to ensure all areas are accessible for assessment this includes:-ALL habitable rooms on all floors, boilers, radiators, heaters, fires, hot water cylinders (if present), gas and electric meters, windows, it is advisable for the Client to open the loft space access for the assessor ( if possible).
2.4 UK-DEA advises the Client that photographs of the above and exterior of the property along with site notes will be taken during the assessment.
2.5 Ensure that all animals are controlled and be kept away from the Assessor whilst carrying out their inspections
2.6 Ensure that all children are supervised /accompanied by a person over the age of 18 and that they are kept away from the Assessor whilst carrying out their inspections. (Please note that elderly/infirm occupants must
also be accompanied by a person over 18 years of age)
2.7 There must be no hazardous materials or substances.
2.8 To provide documented evidence of the property's build date, any replacement windows, extensions, cavity wall insulation, loft conversion, boiler installation. Do not worry however, if you do not have these documents to hand.
Fees and Payment
3.1 The cost for the Energy Performance Certificate/Home Information Pack will be agreed on the initial enquiry.
3.2 The fee is for one EPC/HIP on the said property.
3.3 The payment of the agreed fee is due, in full, either by cheque or cash on the day of assessment.
3.4 The Client undertakes not to withhold any such payment due to UK-DEA whatsoever. Delay or default in any such payment shall incur interest at a daily rate of 5% above the base rate of The Royal Bank of Scotland plc.
3.5 Unless the company receives notification of no less than 24 hours of intention to cancel, charges of 50% of the agreed fee will be charged.
3.6 Should the Assessor be forced to abandon an assessment due to reasons given in the Clients Obligation section, or due to a health & safety risk, or injury sustained whilst carrying out the assessment, charges of 50% of the agreed fee will be charged.
UK-DEA Assessors Obligations
4.1 Arrive at the property at agreed time and date.
4.2 Contact the customer in the event of any delay.
4.3 Clarify any questions the customer may have.
UK-DEA Obligations
5.1 Will provide the Services with all due care and skill and to the highest professional standards and will conform to the Terms and Conditions and to the requirements relating to EPC's set out in Schedule 5 of the Statutory Regulations;
5.2 May operate an answer phone facility outside Working Hours;
5.3 Will respond to emails, or telephone calls received on a working day by the end of working hours on the next working day at the latest;
5.4 Will conduct business Monday to Saturday; will conduct business on Sunday by arrangement;
5.5 Will adhere to such reasonable complaints procedure required by the Certification Scheme and will promptly notify them of any complaints it may receive in connection with the Services;
5.6 Will comply with the provisions of Data Protection Legislation;
5.7 Will ensure that every computer that it uses or requires for its business is protected by anti virus protection software that holds anti-virus definitions that have been updated in the last 7 days;
5.8 Will inspect the property within 3 working days of receipt of the request for the services, subject to acceptance of the instructions and to the seller being able to make an appointment within this time period;
5.9 Will submit each EPC to an approved Certification Scheme, and will inform the Pack Provider that it has done so via email and/or telephone, within 48 hours of inspection of the Property;
5.10 May use the services of another local Assessor, suitably qualified and insured and fully vetted by us, to produce EPC's on behalf of Energy Assessment , as and when necessary;
5.11 Will maintain professional indemnity and liability insurance cover that is appropriate to the industry and, in any event, provides the required level of insurance to satisfy the Certification Scheme;
5.12 Will fulfil the requirements of the Certification Scheme and will hold a current license to operate as a Domestic Energy Assessor;
Liability
6.1 UK-DEA recognises the Client's statutory rights.
6.2 Whilst the utmost care shall be taken by the energy assessor, UK-DEA shall not be liable for any loss or damage of any description whatsoever arising from accidental breakages of ornaments or items that are in the vicinity of the areas to be inspected.
6.3 UK-DEA shall not be liable for any loss or damage whatsoever that the Client may suffer after the Assessor has vacated an empty or unoccupied property, or conducted an assessment in the absence of a contact.
6.4 UK-DEA shall not be liable for any loss or damage whatsoever that the Client may suffer as a result of UK-DEA being unable to fulfil any of its obligations herein due to the occurrence of an event or force majeure.
Rights to Terminate or Cancel
7.1 If at any point during the agreed contract there is a request not to take the required photographs or notes the assessment will be terminated, under these circumstances the Client shall be charged in accordance with the Terms of Engagement.
7.2 The Assessor will terminate the assessment if to continue poses a Health and Safety Risk ie/ In the event of gas or electricity risk or if the property is not structurally sound etc. Under these circumstances the Client shall be charged 50% in accordance with the Terms of Engagement (clause 3.4)
7.3 The Client has the right to cancel a signed agreed appointment and must do so in writing or email.
7.4 Should a Client give a cancellation instruction with less than twenty four hours notice, the Client shall incur a 50% charge which shall be reduced to £15.00 if the assessment is to be re-scheduled.
7.5 A Client making a cancellation before the contract documents are signed shall not be charged a fee.
7.6 The Assessor has the right to cancel if they are unable to access the property at the agreed time and date, the Client will be charged in accordance with the Terms of Engagement.
7.7 In any event where a contact will not be present at the property, it is the Clients responsibility to provide in writing (email) where the keys (and how many) are to be collected from and to provide any security codes where necessary.
7.8 All keys must be signed for.