Terms & Conditions
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 the
Domestic Energy Assessor ('the DEA') to the seller ('Client') of
the property to be inspected ('Premises') The Terms supersedes any
purchase order issued by the Client and all proposals, terms & conditions,
statements, representations or warranties made by or between the DEA and the
Client ('Parties') relating to the Services. No variation is valid
unless agreed in writing by the Parties.
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 form part of the contract
between the Parties.
Services shall consist of any inspection of the Premises by the DEA and
subsequent submission of an Energy Performance Certificate & Recommendation Report ('EPC').
DEA will not provide:
a survey, condition report or property valuation.
Professional services other than related to the provision of an EPC. Any such
additional services will be dealt with by a separate contract.
DEA will undertake a visual inspection but will not look at parts of the
Premises which are covered, unexposed or inaccessible The DEA will not pull up
carpets or floor boards. Lofts will only be visually inspected if it is safe to
do so, if access is within 3 metres of floor level & it will not damage the
Terms for the Preparation of an EPC ('Statutory Terms')
EPC will be prepared with reasonable skill and care.
4 Fees &
Fees payable for the Services will be as detailed in the Schedule. Fees are to
be paid in full (without any deduction or set-off) on Completion and delivery to the client of
DEA may charge interest on any outstanding Fees from the due date for payment until the date
payment is made at the rate of 2% per month above the base rate from time to
time of NatWest Bank.
the appointment is cancelled by the Client on the day of the appointment for
whatever reason, 50% of the Fees will be payable to the DEA.
the DEA is required to postpone the Services on the day of the appointment due
to the failure of the Client to abide by his or her obligations under the
Terms, the Fees may at the DEA's entire discretion be increased by up to 50%.
DEA may terminate the Terms if there is a conflict of interest.
6 Warranties& Complaints
DEA warrants that the Services will be performed in accordance with all legal
requirements and the requirements of the DEA's Accreditation Scheme & any
relevant Code of Practice.
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 DEA in relation to the Services
will be excluded to the fullest extent permitted by law.
DEA will provide a high level of customer care at all times. In the unlikely
event of any complaint, the DEA will seek to resolve any initial complaint by
telephone, email or in person as quickly as possible. Should the Client be
unhappy with this they should write to the DEA setting out full
details of the complaint within 5 working days. The DEA will usually respond
within no more than 15 working days to allow for holidays. If the Client is
dissatisfied with this response the matter can be escalated to the DEA's
Accreditation Scheme. A copy of the complaints handling process is available on
request. This does not affect the Client's legal rights.
Client will at his or her own expense provide all such information &
co-operation as is reasonably required to enable the DEA to provide the
Services. This shall include
a) provision of clear and safe access to all of the
b) ensuring that no child
under the age of 16 is left alone to supervise the inspection;
8 Insurance -The DEA will maintain insurance cover in accordance with the
requirements of the DEA's Accreditation Scheme and the
terms set by Department of Communities & Local Government.
anything to the contrary in this Agreement, the liability of the DEA under or
in connection with this Agreement, whether arising from contract, negligence or
howsoever will be limited as set out in this Clause 9.
liability of the DEA is unlimited in respect of any liability arising from:
or personal injury caused by the negligence of the DEA;
proven fraud on the part of the DEA.
aggregate total liability of the 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 tangible property caused by the act or omission of the DEA.
respect of any other liability not otherwise covered by this Clause 9, the
DEA's aggregate total liability is limited to ten thousand pounds sterling
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.
Client accepts that the Fees have been set in relation to the risks being
assumed by the DEA under the Terms, and that accordingly the limitations on the
liability of the DEA detailed in this Clause are reasonable.
10 Confidentiality &
10.1 An EPC prepared by the DEA must
be entered onto the Register of EPCs.
to Clause 10.1 and any other contrary legal obligation:
personal information received from the Client will be treated as private &
confidential, and will not be disclosed to any other parties without consent,
DEA 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 the DEA in respect of the Client.
the Client's Personal Data will be used by the DEA will be detailed in the
Special Conditions in the Schedule.
11 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
delay or failure that is caused by circumstances beyond the reasonable control of
12 Third Party
Client and a potential or actual buyer of the Premises may enforce the
Statutory Term in Clause 3.1.
relation to any other Terms, a person who is not a party to the Terms has no
rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
This does not affect any right or remedy of a third party that exists, or is available,
apart from that Act.
Law - The
laws of England will govern the Terms, and the Parties submit to the exclusive
jurisdiction of the English courts.
14.1 The DEA is
licensed under licence number QUID200481 to prepare EPCs under the provisions of the
Housing Act 2004.
14.2 The DEA’s License
is administered by the following Accreditation Scheme : Quidos of Handlemaker Road, Frome, Somerset. BA11 4RW.