TERMS AND CONDITIONS
Definitions:-
"Domestic Energy Assessor" shall mean the sole trader Dave Elliott of DESS, Leighton Road, Leighton, SY5 6RW
"Client" shall mean the individual person or corporate entity that engages the Domestic Energy Assessor to provide EPCs either on their own behalf or on behalf of an identified third party subject to these terms of business.
"Agreement" shall mean the contracted engagement by the Client of the services offered by the Domestic Energy Assessor pertaining to the provision of EPCs subject to these terms and conditions.
"EPC" shall mean an Energy Performance Certificate produced by a certified and licensed Domestic Energy Assessor in accordance with an approved Certification Scheme and lodged in the Landmark register.
"Property" shall mean the property for which the EPC is produced.
"Energy Assessment" shall mean the process of obtaining information at the Property necessary for the production of an EPC.
"Third Party" shall mean any individual person or corporate entity made party to the engagement of Energy Assessor by the Client as detailed above and including but not limited to an estate agent, solicitor, conveyancer, search provider, any third party being similarly subject to these terms of business upon being made party to the engagement of the Energy Assessor by the Client.
Terms and Conditions
DESS [the Provider] undertake to provide an energy performance certificate to the current Government legislation/guidelines of the time.
The Provider undertakes to liaise with the Client to arrange access to the property within 1 working day of payment and to send the EPC to the client within 3 working days of the inspection. This timetable is a good faith estimate of the period required to perform the services and deliver the deliverables, and the provider will work diligently to perform the services in accordance with that timetable.
The Domestic Energy Assessor (DEA) will not lift up carpets or floor boards. Lofts will only be inspected if it is safe to do so. Sealed hatches and traps will not be opened, but a more conclusive assessment may be issued if you can have these unsecured in readiness for the inspection.
The EPC will be delivered as a pdf document via e-mail, unless a hard copy has been specifically requested (a nominal fee may be charged for this).
From time to time, discounts may be offered including but not limited to repeat business. In no way does any discount qualify or guarantee the Client future or indefinite discounts save for the terms of this Agreement. Quoted discounts shall be honoured by the Domestic Energy Assessor only once written agreement has been received and both engagement and ongoing or balance fees are paid by the Client as detailed herein. The Charges are exclusive of any Value Added Tax which is not currently charged.
If any payment due to the Provider is in arrears for more than 30 days, the Provider may charge interest on a day to day basis from the original due date until the date of payment in full, at Bank of England base rate (as at the date of the invoice).
Where an inspection is cancelled after payment, £10 will be deducted to cover costs. EPCs cannot be cancelled once an inspection has taken place, or on the day of the inspection. Inspections can only be postponed for up to one month from the original inspection, after which they will be treated as cancellations.
Should the Provider postpone the original inspection for any reason, the client shall have 2 working days within which they can cancel the inspection at no cost and have their money refunded in full.
The client undertakes to ensure that the premises are free from any foreseen health and safety concerns and the appropriate action is taken to minimise the risk to the assessor. This may include, but is not limited to, broken glass, sharps( including needles or syringes), animals including dogs, snakes, spiders, or any other animal likely to bite or cause harm to the assessor.
The client undertakes to ensure that it is possible to inspect all boilers, hot water cylinders or other heating appliances, as this is extremely important to the final result.
The Assessor will not be able to include in the assessment any improvements or work that they cannot actually see or measure. Any paperwork that relates to work such as cavity wall insulation could be helpful to the assessor and a copy of such documents that the Assessor could file with the report should be provided where possible.
The client undertakes to ensure that any children are well supervised during the inspection as some tasks are potentially hazardous (e.g. the opening of access traps).
Should the assessor have to abort the assessment due to intimidation of any kind including, but not limited to, verbal or physical threat by the client or any other third party present on the premises, the client will be liable to a 50% cancellation charge, as well as having to pay full price for any subsequent inspection.
The provider undertakes to hold all information pertaining to the client, their property and tenant(s) in accordance with the Data Protection Act.
Force Majeure – 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 including, but not limited to, refusal or revocation of licence, viruses in software, industrial dispute, impossibility of obtaining materials or labour, or failure of any supplier or carrier to deliver or perform.
This agreement is governed by the laws of England and Wales.
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