Terms of Business


 1. Definitions 

“EPC” means an Energy Performance Certificate

“HIP” means a Home Information Pack.
 

“DEA” means an accredited Domestic Energy Assessor.
 

“Instruction” means your request for us to provide the
“Services” which is placed by completing an order form and sending to us by post, fax or email or orally confirming details if the instruction by phone.
 

“Inspection” means the physical viewing of the premises in by a DEA in relation to the production of the EPC.
 

“Appointment” means a pre arranged inspection time between you and our DEA to inspect the property/premises.
 

“Premises” means the property address of location for which you require the EPC.
 

“Us/We/Our” means GoEco Energy Surveyors.
 

“You/Your” means the person, firm or company who instructs us to provide an EPC or HIP either on their own behalf or as an agent of the client.
 

“Working Days” means Mondays to Fridays except Public & Bank holidays.


2. The Services

2.1   We are not obligated to accept an instruction and thus refuse to provide the Services at any time without giving any reason. A contract shall only be enforceable once we have confirmed an instruction. 

2.2   Your details, the Services, timetable and method of delivery of any report will be detailed in the Schedule, which will be attached to these Terms to form a contract between you and us.  

2.3   The Services shall include an inspection by a DEA of the domestic property instructed by you followed by a subsequent submission of an EPC. 

2.4   We will not provide any other form of survey, condition report, property valuation or any other service other than related to the provision of the EPC. 

2.5   An Inspection will be undertaken by a DEA who will only make a visual inspection of areas of the property which are accessible, viewable and safe to do so. A loft hatch which is closed by screws is deemed inaccessible. Our DEA will not move furniture, lift carpets, drill holes, unscrew fixtures/fittings or cause damage by any other similar activities. 

2.6   The EPC will be produced with reasonable skill and care.  We will use all our reasonable endeavors to complete the EPC within industry standards (3 working days of instruction). 

3. Fees, Charges & Payment Terms 

3.1   Fees payable for the services will be detailed in the schedule. Fees are to be paid in full within 14 days of the date of invoice. 

3.2   We reserve the right to charge interest on outstanding invoices from the date due to the full payment date at 2% monthly. 

4. Your Obligations 

4.1   You agree to provide all necessary information & reasonable co-operation at your own expense. 

4.2   Ensure you or any client of yours agrees and is bound by these Terms by providing us with a signed copy of these Terms of Business prior to the inspection.  

4.3   You agree not to leave any child under the age of 16 alone to supervise the inspection. 

5. Cancellations & Rescheduling 

5.1   If an appointment is cancelled or rescheduled on the day of the appointment 50% of the Fees is payable to us. 

5.2   If an appointment has to be rescheduled or abandoned due to a failure on your part to abide by Your Obligations under the Terms, we may to our own discretion increase the fee by up to 50% of the original Fee. 

6. Warranty 

6.1   We warrant that the Services provided will be partitioned by abiding by all legal requirements and requirements enforced by the DEA’s Accreditation Scheme and Code of Practice/Conduct.

7. Insurance

7.1    We will maintain insurance cover (Public Liability & Professional Indemnity) in accordance with the Elmhurst Accreditation Scheme and the minimum terms set by the Department of Communities & Local Government. 

8. Limitation of Liabilities 

8.1   Notwithstanding anything to the contrary in this Agreement, the liability of our DEA under or in connection with this Agreement, whether arising from contract, negligence or howsoever will be limited as set out in Clause 8. 

8.2   The liability of the DEA is unlimited in respect of any liability arising from:      

    a)   Death or personal injury caused by our DEA;   

    b)   any proven fraud on the part of our DEA. 

8.3   The aggregate total liability of our DEA is limited to twenty thousand pounds sterling (£20,000) in respect of any claim for loss of, or physical damage to, the Client’s (Your) tangible property caused by the act or omission of our DEA. 

8.4   In respect of any other liability not otherwise covered by this Clause 8, our DEA’s aggregate total liability is limited to ten thousand pounds sterling (£10,000). 

8.5   We/Our DEA 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.  

8.6   You accept that the Fees have been set in relation to the risks being assumed by us/our DEA under the terms, and that accordingly the limitations on the liability of us/our DEA detailed in this Clause is reasonable. 

9. Force Majeure

9.1   Neither we nor you will be liable for failure/delay to perform the Services or Obligations if this is caused by circumstances beyond the reasonable control of either party.  

10. Complaints

10.1   We are committed to providing a high quality of service to its customers at all times. We take complaints seriously and our complaints policy is available on request. 

10.2   We will initially look to handle any complaints by phone, email or in person. We aim to respond in writing within 7 working days. If this doesn’t resolve any issues the complaint can be escalated to our Accreditation Centre.  

10.3   Our complaints policy does not restrict your right to take legal advice. 

11. Assignment 

11.1   We may sub-contract any contract of Service at any time on notice to you. However, we will surely discuss such arrangements in advance.

12. Data Protection

12.1   An EPC is only complete when it has been registered and lodged on the Landmark database. 

12.2   Any personal details we hold about you will not be passed on to third parties without your consent and will be regarded private and confidential. 

12.3   We comply with the Data Protection Act 1998. 

13. Regulation

13.1   We are licensed for the provisions of EPC’s under the license number EES/003032 under the provisions of the Housing Act 2004. 

13.2   Our license is administrated by the following Accreditation Scheme: Elmhurst Energy Systems.

14. Law

14..1   These Terms are governed exclusively by English Law. By accepting these Terms you agree to submit to the exclusive jurisdiction of the English courts. 

15. General

15.1   You and we agree that no third party will be afforded any rights under these Terms to any parties data unless permission is granted by those parties involved. 

15.2   If at any time, any one or more of these Terms are held to be unenforceable, illegal or otherwise invalid in any respect, such enforceability, illegality or invalidity shall not affect the remaining Terms, which shall remain in full force and effect.

 

         

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