Terms and Conditions
1 Provision of Services
1.1 These terms of business and attached Schedule (“Terms”) are the sole defining document governing the provision of the Services (as defined in Clause 2) by Energy Assessors London Ltd trading as EAL Consult referred to in this document as EAL Consult to the owner or agent (“Client”) of the property to be inspected (“Premises”). The Terms supersede any purchase order issued by the Client and all prior proposals, terms & conditions, statements, representations or warranties made by or between EAL Consult and the Client (“Parties”) relating to the Services. No variation is valid unless agreed in writing by the Parties.
1.2 Full details of the Client, the Services, the Premises, the appointment time, timetable & method of delivery of any report will be detailed in the Schedule which will be attached to these Terms and forms part of the contract between the Parties.
2 The Services
2.1 Services may consist of any inspection of the Premises by an Assessor (DEA, NDEA, DEC, OCDEA., BREEAM, Code for Sustainable Homes) and subsequent submission of the survey.
All services will be carried out by qualified consultants.
- a) Professional services other than related to the provision of a report:
2.2 Energy Audit
2.3 Feasibility Study
2.4 Sustainability Report
2.5 Energy Assessment
2.6 Environmental Performance Statement
2.7 SAP Calculations
2.8 SBEM Calculations
2.9 Code for Sustainable Homes
2.10 BREEAM Assessment
2.11 Asbestos surveys, Soil reports, Air testing
2.12 Part G Water Calculations
2.13 Daylight/Sunlight Calculations, Overshadowing Report and Right of Light Report
2.14 Environmental Impact Assessment
2.15 Asbestos survey
2.16 BREEAM Domestic Refurbishment Assessment
2.17 Energy Performance Certificate (Domestic and Commercial)
- b) Whilst carrying out a survey, condition report or property evaluation. EAL Consult will undertake a visual inspection but will not look at parts of the Premises which are covered; unexposed or inaccessible. EAL Consult will not pull up carpets or floor boards. Lofts will only be visually inspected if it is safe to do so, access is within 3 metres of floor level and it will not damage the Premises.
3 Statutory Terms for the Preparation of all reports (“Statutory Terms”),
3.1 All services listed in point 2, will be prepared with reasonable skill and care by qualified consultants according to the level of skill required for the client’s request.
4 Fees, Expenses & Payment Terms
4.1 Fees and expenses are to be paid in full by credit card, debit card, BACS, Cheque or cash (without any deduction or set-off) immediately, by return, on receipt of invoice. Where an agreed monthly account has been set up, payment is due at the end of each month. Credit limits are agreed on a case by case basis at the discretion of EAL Consult and where a client has provided repeat business. Congestion charge and parking charges will be added where applicable.
4.2 EAL Consult reserves the right to claim statutory interest at 8% above the Bank of England reference rate in force on the date the debt becomes overdue and the debt remains unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulations 2002.
4.3 EAL Consult reserve the right to take payment at any time once the order has been placed.
4.4 If a project that is underway is put on hold by the client or client activity and communications cease within 14 days of EAL Consult’s last contact, EAL Consult reserve the right to invoice the client for works done to date that will be calculated on a time basis of £120 + vat per hour. This fee will be due within 30 days of issue by EAL Consult.
4.5 The stage payments for Code for Sustainable Homes, BREEAM and LEED assessments will be established on a case by case basis and will be detailed in a schedule annexed to the booking confirmation.
5 Cancellations or Postponement
If an appointment is cancelled or postponed by the Client on the day of the appointment for whatever reason, 50% of the fees will be payable to EAL.
If the energy assessor or engineer for EAL Consult is unable to gain access to the property this will also be considered as a cancellation.
6 Warranty & Complaints
6.1 EAL Consult warrants that the Services will be performed in accordance with all legal requirements and the requirements of the energy assessor’s Accreditation Scheme & any relevant Code of Practice for any of the services carried out by EAL Consult.
6.2 Except as expressly set out in Clauses 3.1 and 6.1, all warranties, terms & conditions, whether oral or written, express or implied by statute or otherwise which might have imposed obligations on the energy assessor or EAL Consult in relation to the Services will be excluded to the fullest extent permitted by law.
6.3 EAL Consult will provide a high level of customer care at all times. In the unlikely event of any complaint, EAL Consult will seek to resolve any initial complaint by telephone, email or in person as quickly as possible. Should the Client be unhappy with this response they should write to EAL Consult setting out full details of the complaint within 5 working days. EAL Consult will usually respond within no more than 15 working days to allow for holidays.
7 Client Obligations
It is the client’s obligation and responsibility to check that any report or service has not already been carried out by EAL Consult or any other company. In the event of a duplicate order the full charge of the service will be invoiced to the client in the event that EAL Consult have already carried out the service or report.
7.1 The Client will at his or her own expense provide all such information & co-operation as is reasonably required to enable EAL Consult 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;
- c) A completed information form for the relevant service and full set of plans including elevations and sections within two weeks of instruction. This will be considered as preliminary information and if a recalculation or as built calculation is subsequently required no extra charge is imposed. If no preliminary information is provided within 28 days of instruction, assumptions will be made and any subsequent recalculations will be charged at a separate fee equalling the initial quote accepted.
EAL Consult will maintain insurance cover in accordance with the requirements of the energy assessors Accreditation Scheme and the minimum terms set by Department of Communities & Local Government. The soil report technicians, asbestos surveyors and air testing engineers are insured independently.
9 Confidentiality and Data Protection
9.1 Any report prepared by the consultant must be entered onto the appropriate Register.
9.2 Subject to Clause 10 and any other contrary legal obligation:
- a) All personal information received from the Client will be treated as private & confidential, and will not be disclosed to any other parties without consent, and
- b) EAL Consult will comply with his or her obligations under the Data Protection Act 1998, and the Client is entitled to see any Personal Data held by EAL Consult in respect of the Client.
10 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 the service requested if that delay or failure is caused by circumstances beyond the reasonable control of that party.
11 Applicable Law
The laws of England will govern the Terms, and the Parties submit to the exclusive jurisdiction of the English law courts.