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1. |
“Domestic Energy
Assessor” shall mean the sole trader Shane Paul of
Ensurv, 4 Liverpool Road West, Oswestry, Shropshire,
SY11 1BJ. |
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2. |
“Client” shall
mean the individual person or corporate entity that
engages the Domestic Energy Assessor to provide EPCs
either on their own behalf or on behalf of an
identified third party subject to these terms of
business. |
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3. |
“Agreement” shall
mean the contracted engagement by the Client of the
services offered by the Domestic Energy Assessor
pertaining to the provision of EPCs subject to these
terms and conditions. |
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4. |
“EPC” shall mean
an Energy Performance Certificate produced by a
certified and licensed Domestic Energy Assessor in
accordance with an approved Certification Scheme and
lodged in the Landmark register. |
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5. |
“Property” shall
mean the property for which the EPC is produced. |
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6. |
“Energy
Assessment” shall mean the process of obtaining
information at the Property necessary for the
production of an EPC. |
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7. |
“Third Party”
shall mean any individual person or corporate entity
made party to the engagement of Energy Assessor by
the Client as detailed above and including but not
limited to an estate agent, solicitor, conveyancer,
search provider, any third party being similarly
subject to these terms of business upon being made
party to the engagement of the Energy Assessor by
the Client. |
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8. |
“Fees” shall mean
the professional fees of the Domestic Energy
Assessor as detailed in writing or in person at any
time for any service provided therein. |
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9. |
“Certification
Scheme” shall mean a body approved by the DCLG to
certify and license Domestic Energy Assessors under
the provisions of the Housing Act 2004. |
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10. |
“Engagement” shall
mean the request by the Client, on their own behalf
or on behalf of any Third Party, made to the
Domestic Energy Assessor to engage the services of
the Domestic Energy Assessor as defined herein and
subject to acceptance by the Client of these terms
of business. Such acceptance shall be considered as
so confirmed by any request, query or any other
correspondence to the Domestic Energy Assessor from
the Client, or any relevant Third Party detailed by
the Client, pertaining to any particular service
following receipt, via any written or verbal medium,
of these Terms of Business. |
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Engagement |
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11. |
Immediately upon
the Client’s engagement of the Domestic Energy
Assessor to produce an EPC, the Client agrees to the
terms of this agreement and further the Client
agrees and accepts that the Domestic Energy Assessor
is under no obligation to commence or undertake any
work in respect of that EPC until such requested
initial information and/or data has been received
and passed as satisfactory by the Domestic Energy
Assessor. The Domestic Energy Assessor will provide
the required EPC for the Client. In the interests of
clarity, acceptance of these Terms of Business is
required only once from the Client and any
subsequent communication by the Client to the
domestic Energy Assessor pertaining to any
application will be similarly binding upon the
Client. |
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12. |
The Client agrees,
upon engagement of the Domestic Energy Assessor, to
provide any data as may be reasonably requested by
the Domestic Energy Assessor for the purposes of
producing an EPC, and to make any third party aware
of its similar obligations to do so. |
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13. |
The Client agrees
that any information or documentation provided to
the Domestic Energy Assessor pursuant to Clause 12
above shall be true and accurate. Further the Client
hereby indemnifies the Domestic Energy Assessor for
any loss or damage the Domestic Energy Assessor may
suffer directly or indirectly as a result of the
Client’s breach of this Clause 13 such loss or
damage including but not being limited to the legal
costs of defending any civil claim or criminal
penalty against the Domestic Energy Assessor arising
from the Client’s breach hereof. |
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14. |
The Client agrees
that the Domestic Energy Assessor may use the
services of another local Domestic Energy Assessor,
suitably qualified, accredited and insured, to
produce EPCs on behalf of the Domestic Energy
Assessor, as and when necessary. |
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15(i) |
The Client accepts
that the Domestic Energy Assessor charges fees for
its services. Such fees will have been clearly
identified to the Client. |
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15(ii) |
Any time or work
undertaken to pursue or retrieve any fees due to the
Domestic Energy Assessor shall represent billable
time based upon the Domestic Energy Assessor’s rate
of £50 per hour and subject to this Clause 15. Such
fees shall not exceed the Fee for the EPC.
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16. |
It is accepted by
the Client that upon engagement, the Domestic Energy
Assessor shall have already delivered services in
part to the Client, and there shall be no standard
“cooling off” period or cancellation of services at
this point, such condition to have been made clear
to the Client in prior communications from the
Domestic Energy Assessor including but not limited
to delivery of these terms of business. At no time
shall the Client hold legitimate claim against the
Domestic Energy Assessor under the conditions in
this clause 16. |
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17. |
The Client accepts
that where the Domestic Energy Assessor offers any
terms of deferred payment or payment in abeyance,
these offers are subject to the Client following the
advice and due processes of the Domestic Energy
Assessor. |
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18(i). |
The Domestic
Energy Assessor will reschedule an appointment for
an Energy Assessment that is cancelled through no
fault of the Domestic Energy Assessor. The Client
agrees that the Domestic Energy Assessor reserves
the right to refuse the instructions for an EPC upon
a second such cancellation. |
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18(ii) |
The Domestic
Energy Assessor reserves the right to abandon the
inspection if, in the opinion of the inspector,
there is a risk to his saftey or a restriction to
essential information. In the event of such a case
the Domestic Energy Assessor will make the client
aware of the circumstances for the abandonment of
the inspection and what action needs to be taken by
the client in order for the inspection to go ahead.
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Fees and Payment |
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19. |
Whilst the
Domestic Energy Assessor may offer EPCs for reduced
fees in some cases, this is at the Domestic Energy
Assessor’s absolute discretion, and this service may
be withdrawn at any time and for any reason. The
Domestic Energy Assessor will give the Client due
notice of Energy Assessor’s intention to stop
providing EPCs at reduced rates and clarify any
charges that may apply in its stead. |
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20. |
Payment and method
of payment of the Domestic Energy Assessor’s fees
and any other relevant remuneration under this
Agreement shall survive the termination of this
Agreement. |
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21. |
The Client agrees
to pay to the Domestic Energy Assessor such fees as
are detailed to the Client for the provision of an
EPC. |
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22. |
The Client agrees
to pay any fees due before the Client receives
confirmation that the EPC has been produced and
lodged with the Certification Scheme, or within some
other period agreed by the Parties as indicated on
such invoices. |
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23. |
Any cancellation,
delay or other default of any such payment shall
incur interest at the rate of 5% above the Bank of
England base rate. |
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24. |
As and when any
relevant Government authorities or other bodies
amend their fees or charges, the Domestic Energy
Assessor reserves the right to in turn amend such
charges to the Client irrespective of any quotes
undertaken by the Domestic Energy Assessor prior to
or upon engagement by the Client. Such charges are
in addition to fees and charges stated herein. |
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25. |
From time to time,
discounts may be offered including but not limited
to repeat business. In no way does any discount
qualify or guarantee the Client future or indefinite
discounts save for the terms of this Agreement.
Quoted discounts shall be honoured by the Domestic
Energy Assessor only once written agreement has been
received and both engagement and ongoing or balance
fees are paid by the Client as detailed herein. |
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26. |
The Client
undertakes not to withhold any payment due to the
Domestic Energy Assessor arising out of any service
hereunder on any grounds, including the existence of
any dispute between the Client and the Domestic
Energy Assessor or any other party regarding an
application or any other matter. |
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Liability |
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27. |
The Domestic
Energy Assessor recognises the Client’s statutory
rights. The Domestic Energy Assessor shall not be
liable for any loss or damage of any description
whatsoever arising from the delay in the production
of an EPC arising from any third party action. |
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28. |
In any event the
Domestic Energy Assessor’s liability shall be
limited to the amount of our Fees received by the
Domestic Energy Assessor in respect of any EPC from
which such liability may arise. |
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29. |
The Domestic
Energy Assessor shall not be liable for any loss or
damage whatsoever that the Client may suffer as a
result of the Domestic Energy Assessor being unable
to fulfil any of his obligations herein due to the
occurrence of an event of force majeure, which term
shall include but is not limited to legislative and
regulatory acts of government, armed conflict, civil
insurrection, strike, lockout, computer failure,
failure of power supplies, earthquake, typhoon,
tidal wave, and Acts of God. |
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General |
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30. |
It is accepted by
the Client that, where there is any third party
involvement outside the control of Energy Assessor,
such as any Government of regulatory body, the
performance in time of Energy Assessor’s obligations
hereunder may in turn be affected by that third
party’s timekeeping. In the interests of clarity
this means that the Domestic Energy Assessor will
make best endeavours to perform his obligations in a
timely manner but cannot be held responsible for any
delays caused or time taken by third parties. |
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31. |
The Client here
warrants that any engagement duly authorised as
detailed herein by individuals employed by the
Client shall be considered legitimately so and fully
empowered by their respective companies. At no time
shall this Agreement be disputed on the grounds that
such individuals are not or should not, be seen to
be authorised by their respective companies to do
so. |
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32. |
This Agreement
shall terminate immediately upon any material breach
of its terms without remedy within 14 days by the
Domestic Energy Assessor or the Client or any Third
Party. The provisions of this Agreement concerning
remuneration and limitations of liability shall
survive its termination. |
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33. |
Any notices to be
served hereunder may be served upon the Domestic
Energy Assessor at 4 Liverpool Road West, Oswestry,
Shropshire. SY11 1BJ, and any notices to be served
upon the Client or any Third Party may be served
upon those parties at the last address notified by
them to the Domestic Energy Assessor as being their
places of business or address for service, service
being deemed to have been effected 7 days after
posting by inland post, 14 days after posting from
outside the United Kingdom, or 2 days after
transmission by facsimile or email. |
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34. |
Neither this
Agreement nor any rights or obligations hereunder
shall be assigned or otherwise transferred by the
Client without the prior written consent of the
Domestic Energy Assessor. |
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35. |
The
unenforceability of any part hereof shall not affect
the enforceability of the balance hereof. |
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36. |
These terms and
conditions are governed by the laws of England &
Wales and the forum for the resolution of any
disputes arising howsoever here from shall be the
High Court of Justice, Strand, London, England.
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