Definitions:
Client - The person or
company issuing the instruction to Rugby Energy Assessment Services. This may be either the actual owner
or seller of the property, or an authorised estate agent ("Agent"), acting on behalf of the client.
The
Property - the premises, being a building as defined under the national legislation, as having a requirement for
an Energy Performance Certificate (EPC). Inspection / Assessment - the study of those aspects
of the property which contribute to the creation of an EPC, and carried out by the Assessor.
Instruction - the agreement to require Rugby Energy Services to carry out an Inspection,
under these Terms & Conditions, at the property.
EPC (Energy
Performance Certificate) - the official document produced by computer software, and as determined from time to time by the
UK government decree.
Fee - the amount, being in pounds sterling, agreed to be paid by either the Client
and/ or the Agent, or such other acceptable (to Rugby Energy Assessment Services) body as may be agreed.
This Fee is determined in advance of the initiation of an Inspection, according to Rugby
Energy Assessment Services’s standard fee schedule.
Recommendations - those suggestions and proposals,
created as an essential by-product of the EPC and over which neither Rugby Energy Assessment Services nor
its employees have any control, or influence.
WHEREAS the Client has retained Rugby Energy Assessment Services
to carry out an Inspection for the discrete purpose of creating an EPC for the Property, and Rugby Energy Assessment Services,
on payment of the Fee agreed, accepts the Instruction, and promises to use its reasonable professional endeavours to create
said EPC
1. Rugby Energy Assessment Services will, at a date and time agreed with the Client, visit the Property, and
carry out an Inspection. During that Inspection a volume of data will be assembled for input to computer software, which will
then produce an EPC for that Property.
2. Rugby Energy Assessment Services confirms that it’s staff have the necessary
qualifications, and current licenses to perform such Inspections, and that it will use its reasonable professional endeavours
to complete the Inspection, and produce the EPC in a timely manner. However, nothing in these terms & conditions imply
that time is of the essence.
3. The Client agrees that the Fee for the Inspection, will be paid as required by Rugby
Energy Assessment Services, without any deduction, for any reason, and on demand by Rugby Energy Assessment Services. The
Client acknowledges and confirms that payment is of the essence of this agreement, and that failure to pay, or any default
in payment will render the EPC null and void.
4. The Client confirms that Rugby Energy Assessment Services has the right
within the Property to take measurements; make diagrams; take photos; and make such notes, as Rugby Energy Assessment Services
in its sole discretion believes necessary for the Inspection. The Client agrees that such documents, photos, etc. are the
sole property of Rugby Energy Assessment Services, and the Client has no rights to them in any manner or form. Such Documents
are made by Rugby Energy Services as required by the UK legislation in force from time to time, and Rugby Energy Assessment
Services is required by law to retain such documents. At the conclusion of a time period set by UK law, Rugby Energy Assessment
Services confirm that it will safely and securely dispose of / destroy all such documents, and will not communicate anything
therein to any third party who does not have a legal right to them.
5. When prepared, and on satisfactory receipt of
the Fee (or acceptable equivalent), Rugby Energy Assessment Services will release the EPC to the Client, or the Agent, as
required. Any explanations requested by the Client will be provided by Rugby Energy Assessment Services free of charge, subject
to those explanations being reasonable in number and type. Rugby Energy Assessment Services reserves the right to make such
charges as in its sole discretion deems fit, for any requests for information from parties other than the Client or the agent.
7.
Rugby Energy Assessment Services confirms that it carries current and paid up Professional Indemnity Insurance as required
by law, to protect the Client, or any other person who relies upon the EPC, against any malpractice, or incompetence. Rugby
Energy Assessment Services is bound by the Code of Practice detailed by the UK government, and subscribes to the respective
Professional Complaints Procedure. All parties agree to submit any complaints to the Professional Body for resolution.
8.
Rugby Energy Assessment Services also confirms that it maintains current policy of insurance for third party- damage and risk,
which is sufficient to compensate the Client for any damage or loss caused by Rugby Energy Assessment Services in any way,
where Rugby Energy Assessment Services is at fault.
9. The Client confirms that a current policy of insurance is in
operation to protect Rugby Energy Assessment Services’ staff from accident or other danger or damage or loss howsoever
caused whilst the Inspection is being carried out, and the staff are on the premises of the Client.
10. It is the Client’s
responsibility to ensure that access to the Property is available on the day of 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.
11.
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 Inspection will be terminated immediately, but the
Fee will still be payable in Full (the Default Fee). If a suitable date and time can be agreed when subsequently adults can
be present, Rugby Energy Assessment Services agrees to return half (50%) of the Default FEE charged.
12. In the event
of abusive, threatening, or violent behaviour, or if Rugby Energy Assessment Services staff are subjected to danger, the Inspection
will be terminated immediately, and the Default Fee will be payable. In such instances, if a subsequent date is agreed for
the Inspection to be made, no refund of any part of the Default Fee will be made, nor would it become due.
13. If the
Inspection is cancelled before Rugby Energy Assessment Services initiates travel to the Property, then no Fee is payable.
However, if the Inspection is cancelled for any reason after travel has commenced, then a Cancellation Fee becomes due and
payable by the Client, which is equivalent to 50% of the agreed Fee.
14. No responsibility rest 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.
15. These Terms & Conditions supersede any previous agreements or offers,
and all parties agree to the jurisdiction of the English Courts to resolve any problems or complaints that cannot be resolved
amicably.
Timescale for Delivery of the Property Energy Performance Certificate (EPC): Normally within 48 hours
of the survey unless agreed otherwise.
Limitations of the EPC Survey
The Extent of the
Service: The Energy Performance Certificate for this dwelling will be produced following an energy assessment undertaken by
a qualified assessor, accredited to a scheme authorised by H M Government. The certificate will be produced using RdSAP 2005
assessment methodology and will be produced under the government regulations. A Copy will be lodged on the National Register.
RdSAP methodology provides a measure of the buildings overall efficiency and it’s environmental impact, taking into
account factors such as insulation levels, heating and hot water systems, ventilation, lighting and fuel used.
Energy
ratings use "standard occupancy" assumptions, which may differ from the specific way you use your home. Details
can be found at www.communities.gov.uk
The Energy Performance Certificate relies on information gathered as seen at the time of inspection,
or as advised by the person(s) present / home owner or their representatives. This report cannot give any indication regarding
the condition of items or equipment, or regarding the structure of the property; the assumption is that equipment (eg. heating
boilers etc.) as seen are in working order or could be brought to serviceable standards.
Complaints
Policy. The Assessor accepts a duty of contract to produce an EPC with all due diligence and care. In the case
that there is cause for complaint please correspond initially with Rugby Energy Assessment Services directly; we have a complaints
Procedure in place, a copy of which will be made available immediately. We take all complaints seriously and would aim to
expedite an urgent review to settle your complaint to your satisfaction.
In the event that an appropriate solution
to a complaint cannot be found, we will be pleased to go to independent arbitration positively, and will co-operate fully
to ensure a solution is agreed. You may wish to also go direct to the Domestic Energy Assessors Accreditation Scheme whose
contact details are on the Certificate. This does not nullify your rights legal right to redress.