Terms and Conditions

DEFINITIONS

In these Terms and Conditions, the following words shall have the following meanings:

We” “Us” and “Our” are references trading as Energy Certs UK.

“EPC Assessor”, “You” and “Your” means an accredited EPC Assessor registered on Energy Certs UK’s network of Assessors.

“Client”, means the individual, company, partnership or organisation issuing the instruction to use our services.

“Consumer” means consumer as defined in the Consumer Protection (Distance Selling) Regulations 2000.

“The Property” means the premises, being a building as defined under the national legislation as having a requirement for an Energy Performance Certificate (EPC).

“Inspection or Assessment” means the study of those aspects of the property which contribute to the creation of an EPC carried out by the EPC Assessor.

“Instruction” means the agreement to require an Energy Certs UK registered EPC Assessor to carry out an Inspection under these terms and conditions.

“EPC” means the official document produced by computer software and as determined from time to time by UK government decree.

“Fee” means the amount in pound sterling agreed to be paid by the Client to Energy Certs UK. This Fee is determined in advance of the initiation of an Inspection. If the price is exclusive of VAT, this shall be clearly indicated in our literature and you will be additionally liable for the same (and for any other applicable taxes). We reserve the right at any time without notice to increase our prices.

“Information” means any information supplied by you to us in connection with the provision of the services, including any information supplied by the Client on any order forms.

“Literature” means our brochures, price lists and advertisements including the content of the website.

“Services” means the supply of services by the EPC Assessor to the Client (excluding any third party services), including but not limited to reports and photographs and other services from time-to-time and includes our instructions to third party suppliers on the Clients behalf.

“Website” means our website located at www.energycerts.uk

REGISTRATION AND AGREEMENT

Any services we provide will be on these conditions as may vary from time-to- time to the exclusion of all other Terms and Conditions.

By registering as a Energy Certs UK Assessor, you shall be deemed to have accepted these Terms and Conditions. Your continued use of the services shall amount to your acceptance of any variations to these Terms and Conditions.

The Agreement between us (which includes these Terms and Conditions) shall come into existence when we accept your registration in writing, by e-mail, via the website or other means, including the provision of the services.

PAYMENT

Payment is due from the Client on submission of their order for the service of our EPC Assessors and if we do not receive payment from them on order, we reserve the right to cancel their order and terminate the services forthwith.

Once payment has been received by the client, it will remain in out Merchant Account. Once you have completed the EPC and assigned a valid RRN and forwarded the certificate to Energy Certs UK, we will disburse your payment 3 to 10 days thereafter.

ENERGY PERFORMANCE CERTIFICATE (‘S) OR ANY OTHER PRODUCT (‘S) OR SERVICE (‘S) WILL ONLY BE RELEASED, WHEN FULL PAYMENT HAS BEEN PAID IN FULL AND HAS CLEARED TO OUR ACCOUNT.

CANCELLATION

The client can reschedule the Inspection via the Customer Area on our www.energycerts.uk website up to 24 hours prior to the existing Inspection appointment without incurring any cancellation fee.

If an Inspection booking is cancelled or rescheduled within 24 hours of the scheduled appointment time, a £40 handling fee will be charged, of which, £25 will be payable to the Assessor 3 to 10 days thereafter.

If an appointment is booked by the Client under false pretence, the Assessor has the right to retain the EPC until any additional fee which may be incurred is paid to Energy Certs UK. Energy Certs UK will be responsible for collecting the said fee from the client. Following receipt of the additional fee, Energy Certs UK will disburse the payment to the Assessor 3 to 10 days thereafter. The Assessor will be notified when Energy Certs UK have receipt of the additional fee levied by the Assessor, from the Client.

If the Client cancels an appointment with more than 24 hours’ notice, they will be entitled to a full refund of payment.

CHANGES TO SERVICE

We reserve the right to make any changes to the services described in our literature to confirm with any applicable statutory requirements or which we deem appropriate in our sole discretion.

DELIVERY AND PERFORMANCE

You will, at a date and time agreed with the Client, visit the Property, and carry out an Inspection.

You will be required to contact the Client by telephone at the earliest convenient time to confirm the appointment.

You have confirmed at the point of registering with Energy Certs UK that you have the necessary qualifications, and current licenses to perform such Inspections.

During the Inspection you will use your reasonable professional endeavours to complete the Inspection, and produce the EPC in a timely manner.

By accepting the Client Terms and Conditions, The Client confirms that you have the right within the Property to take measurements; make diagrams; take photos; and make such notes, as you in your sole discretion believe necessary for the Inspection. The Client agrees that such documents, photos, etc. are the sole property of you and Energy Certs UK, and the Client has no rights to them in any manner or form. Such documents are made by you as required by the UK legislation in force from time to time, and you are required by law to retain such documents. At the conclusion of a time period set by UK law, you and Energy Certs UK confirm that we will safely and securely dispose of and destroy all such documents, and will not communicate anything therein to any third party who does not have a legal right to them.

You will exercise all reasonable care regarding safety, practicality and the constraints of being a visitor to the property, which may be occupied.

At all times you will extend the professionalism of Energy Certs UK on to the client. You will conduct the Inspection in a courteous and professional manner.

You will not undertake any tests of the drains, heating, electrical or gas installations, domestic appliances or any other services.

You will not arrange for any investigation to be carried out to determine whether or not any hazardous material has been used in the construction of the property.

You will not report or guarantee that the structure meets building regulations or if the ground has sufficient load bearing strength to support the structure.

You will not carry out a building survey, valuation survey, environmental, geographical or any other survey apart from the EPC.

You will issue the EPC within reasonable time from Inspection, no longer than 5 working days thereafter.

In the event that an EPC is not lodged within 5 days from the Inspection, Energy Certs UK retain the right to refuse payment and instruct an alternative Assessor.

ACCESS TO THE PROPERTY

The Client also confirms that only persons above the age of 16 years will be in charge of the Property throughout the Inspection.

In the event that only minors below the age of 16 years are present, the assessment/survey will be terminated from immediate effect.

It is the Client’s responsibility to ensure that access to the Property is available on the day and at the time agreed. For the avoidance of doubt, the time agreed is considered to extend for one hour later than the agreed time, to cover unavoidable delays. You will not do an external survey or a drive-past survey.

In the event of abusive, threatening, or violent behaviour, or if you are subjected to danger or risks posed by the property, animals or occupants, you will terminate the inspection immediately.

You will not attempt to enter parts of the property where access is not provided, such as sealed lofts and locked rooms.

You will not express an opinion about or advise upon the condition of uninspected parts or issues not related to the energy performance of the property.

If the property is of the type that you are unable to or not qualified to assess then the inspection shall be terminated.

LIABILITY

At the point of registration you have confirmed you are a member of an accredited scheme authorised by HM Government, have Professional Indemnity Insurance and Third Party Risk insurance and all relevant legal items in place to conduct EPC Inspections. It is your responsibility to ensure such legal requirements are in place prior to and during any Inspection. Energy Certs UK will not be held liable for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation.

No responsibility rests on any party covered by these Terms & Conditions where through the actions of Force Majeure any party is unable or prevented from carrying out or performing its obligations hereunder.

Energy Certs UK shall have no liability to you for any failure to deliver services you have agreed or any delay in doing so that is caused by any event or circumstance beyond our control including, breakdown of systems or network access, weather conditions, flood, fire, explosion or accident.

All warranties, Conditions and other Terms implied by statute or common law are, to the fullest extent permitted by law, excluded, including where permitted and implied warranties of fitness for a particular purpose.

We shall not be liable for:

Any consequential or indirect loss including, but not by way of limitation, loss of profit or loss of contract, loss of goodwill, reputation or otherwise, arising out of or in connection with the services or the Agreement;

Any damage or loss whatsoever caused by any virus, including damage to your computer equipment, software, data or other property resulting from your access to, use of or browsing of the website.

COPYRIGHT & NEIGHBOURING RIGHTS

The material featured on this site is subject to copyright protection from the owning parties, and as such Energy Certs UK is permitted full use of such material.

VIRUS PROTECTION

Energy Certs UK makes every effort to check and test material at all stages of production. It is always wise for users to run an anti-virus program on all material downloaded from the Internet.

Energy Certs UK cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material off the Register website.

INDEMNITY

You agree to indemnify us and keep us indemnified from and hold us on demand and harmless from and against all costs, claims, demands, actions, proceedings, liabilities, expenses, damages or losses (including, without limitation, consequential losses and losses of profit, and all interest penalties and legal and other professional costs and expenses) arising out of or in connection with;

Any breach by you of your obligations or these Terms and Conditions;

Any claim by a third party that the services infringe any rights of a third party or any applicable UK or international legislation or regulations.

Without prejudice to clause 9.2, you agree to pay all costs, damages, awards, fees and judgements finally awarded against us rising from such claims and you will provide us with notice of all claims or allegations, full authority to defend compromise or settle such claims and reasonable assistance necessary to defend such claims at your sole expense.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that any and all copyright connected with the design and development of the website and the contributory software written by us or our suppliers belong to us or are licensed to us;

All trademarks, trade names and domain names which appear in the literature belong to us, or to the relevant third party suppliers.

BREACH OF TERMS AND CONDITIONS

If we suspect that you are in breach of the Terms and Conditions or, if we become aware of any allegation or claim that you may be in breach of these Terms and Conditions, we may in our sole discretion, without notice to you or liability, penalty or obligation on our part, suspend, interrupt or terminate the performance of the services.

COMPLAINTS AND NOTICES

A Client complaint under or in connection with the service provided by a you, instructed via www.energycerts.uk will be requested to be sent to us via our Contact link in our website. We will aim to respond to any complaint within 5 working days.

If you have any complaint regarding an Instruction or booking or anything related to Energy Certs UK, you will be required to inform us of such complaint within 5 working days.

PRIVACY

When a Client places an order with Energy Certs UK we will record their name, postal address, email address, telephone number(s). We gather this information to allow us to process any orders they have made. The relevant information is then used by us and you to communicate with them on any matter relating to the progress of any order and the provision of the service in general. We may also use information and statistics for the purposes of monitoring usage of the service in order to help us develop the website and our services. These statistics will not include information that can be used to identify any individual.

You will not use any Client information referred to in 13.1 for any other reason but to carry out the Inspection and subsequent EPC.

REVISIONS

This agreement may be revised at any time, without notice, by displaying the revised agreement on the Website.

ACTING AS AN AGENT

Energy Certs UK act as an agent in placing the instruction for the completion of an EPC or other product.

GENERAL

You shall not be entitled to assign the Agreement or any part of it without our prior written consent.

We may assign the Agreement or any part of it to any person, firm or company.

Your order and these Terms and Conditions constitute the entire Agreement and understanding of the parties and supersede any previous Agreement between the parties. No oral explanation or oral information given by any party shall alter the interpretation of these Terms and Conditions.

The Agreement shall be governed by, and construed in accordance with, English Law and shall be subject to the non-exclusive jurisdiction of the English courts.

The EPC assessor 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. The Energy Certs UK is not liable for any disputes you have with the Energy Performance Certificate, rating or recommendations, any disputes you may have, will have to be taken up with assessor who assess the property, in this case any disputes you can find their details on the Energy Performance Certificate along with their Name, Accreditation Number and Accreditation Scheme.

9.6 The Client accepts that the Fees have been set in relation to the risks being assumed by the EPC assessor under the Terms, and that accordingly the limitations on the liability of the EPC assessor detailed in this Clause are reasonable.

Disclaimer

The information contained in this website is for general information purposes only.

The information is provided by Energy Certs UK and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.

Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Energy Certs UK. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Energy Certs UK takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

All Information Correct at Time of Going to Press.

See Privacy Policy

 

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