Terms & Conditions
Terms and Conditions for Assessment to Produce
“Domestic Energy Assessor” or the “Company” is the Domestic Energy Assessor trading under these conditions that are set out by the Company. “Client” is the party at whose request or on whose behalf the Domestic Energy Assessor undertakes surveying services. “Report” means any report, advice or statement supplied by the Domestic Energy Assessor in connection with instructions received from the Client. “Disbursements” means the cost of all reasonable photography, reproduction of drawings, diagrams, sketches and printing, duplicating and, where applicable, electronic transmission fees, and all reasonable and appropriate expenses including travel, refreshments and hotel accommodation where an overnight stay is necessary. “Fees” means the fees charged by any work requested to be completed by Domestic Energy Assessor to the Client and including any value added tax where applicable and any Disbursements.
The Report
The Report you have instructed us to complete will be an EPC, and a description of each report and what will or will not be inspected and or included in the report is attached as a help notes with this letter. These notes form part of the terms of engagement between you and us and should be read carefully.
Our Opinion
Providing a DEA we are duty bound to provide you with an EPC for the requirement in relation to letting and selling, and can be relied upon by you and any prospective buyer or tenant.
We are qualified and licensed to provide inspections and energy assessments and any inspection will be carried out under any statutory obligations that are applicable, along with our own Code of Conduct, and our accreditation body Elmhurst. Details about complaints can be downloaded from this website.
Other Parties and Exclusion of Liability
There may be other parties involved with your instruction. These could be Estate Agents, Solicitors or letting agents. We cannot assume any responsibility for any information, services, and representations. We will not be liable for any other parties’ failure that delays or stops us completing our instruction. Any liability that we have will be limited to the fees that you have paid for our services, and or any negligence that our Code of Conducts states we must cover and are limited to.
Appointments
We will endeavour to abide by any agreed appointments made. However, it may be necessary to re-arrange and we will try to rearrange within 48 hrs of the original appointment.
Should you cancel the appointment arranged without 48 hours notification, we may charge an extra fee for cancellation depending on the reason for cancellation. Please try to ensure that any appointments made are attended.
Access
In order to inspect/assess your property we will require access to certain parts of the property. The Help sheet will confirm where access is necessary. If we cannot access the areas needed we will not be able to complete the report, but you will still be charged for our inspection.
Where entry or access is in the control of a minor, we will not complete the report and you will still be charged for our inspection.
Should it be necessary to re-visit the property due to access being denied, we reserve the right not to re-visit unless a further fee has been agreed and or our original fee has been paid.
Fees
While we have agreed the fee for the report, our fees are subject to change from time to time. Unless otherwise agreed, by separate contract, all fees must be paid before the day of inspection by cash or Bac’s payment.
Please note that should you fail to pay our fee or any amount remains outstanding we apply interest at 8% above the Bank of England base rate and will add reasonable charges for the recovery of our fees if we instruct a debt recovery agency.
On initial enquiry, the client will be given an agreed fee for the service provided. The fee will be for one EPC on the said property. No refunds are available once work has commenced on producing the EPC.
Data Protection
The data supplied by you will only be used for the purposes of processing your instructions. The data supplied will not be passed to any other parties other than those that are necessary to carry out your instructions.
It is important that the data supplied to us is kept up to date. We should therefore be notified promptly of any changes. You are entitled upon the payment of an administration fee to inspect the personal data, which we are holding about you. If you wish to make such an inspection, you should contact us with a written request.
Obligations and Responsibilities
Domestic Energy Assessor
The Domestic Energy Assessor shall use reasonable care and skill in the performance of the services in accordance with good surveying practice.
Reporting
The Domestic Energy Assessor shall submit interim advices, site situation reports and a final report to the Client during and following completion of the agreed services describing the Domestic Energy Assessors findings, assessments and inspection purporting to the purpose of the Client’s instruction, unless otherwise expressly instructed by the Client not to do so.
Confidentiality
The Domestic Energy Assessor undertakes not to disclose any information provided in confidence by the Client to any third party and will not permit access to such information by any third party unless the Client expressly grants permission save where required to do so by an order of a competent court of law.
Intellectual Property
The right of ownership in respect to any intellectual property resulting from the performance of the work created by the Domestic Energy Assessor remains the property of the Domestic Energy Assessor. The Client shall be entitled to disclose the report or document to a third party for whose benefit the instruction/contract was specifically commissioned.
The Domestic Energy Assessor shall promptly notify the client of any matter, including conflict of interest, or lack of suitable qualifications and experience, which would render it undesirable for the Domestic Energy Assessor to continue its involvement with the appointment. The Client shall be responsible for payment of the Domestic Energy Assessors fees up the date of notification.
Client
The client shall promptly settle the Domestic Energy Assessors invoice in accordance with Payment Terms above.
Liability
The Domestic Energy Assessor shall be under no liability whatsoever to the Client for any loss, damage, delay or expense, whether direct or indirect arising howsoever caused UNLESS same is proved to have resulted solely from the gross negligence or wilful default of the Domestic Energy Assessor or any of its employees or agents or subcontractors resulting in direct damage to tangible property where the company’s liability shall be limited in accordance with paragraph (c) below.
The company’s total liability for professional negligence shall not exceed the fee paid for the work.
The Company accepts liability for direct damage to tangible property or death or injury to persons to the extent caused by the proven negligent acts or omissions of the Company and its employers and Consultants, provided that the Company’s liability for the same shall be limited to the coverage and indemnity limits provided under the Company’s insurance policies (which are available for inspection on request), unless otherwise covered by statute.
If the Company or any of its employees, agents and sub-contracts shall act or fail to act in any manner which results in an actionable wrong, the Client shall, subject to Clauses 8b) and 8c) above indemnify the Company against all claims, damages, costs and expenses made or incurred by a third party arising from any such act or lack of act by the Company.
Force Majeure
Neither the Domestic Energy Assessor nor the Client shall, except as otherwise provided in these Conditions, be responsible for any loss, damage, delay or failure in performance hereunder arising or resulting from act of God, act of war or terrorism, seizure under legal process, quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions and arrest or restraint of princes, rulers or people.
Insurance
The Domestic Energy Assessor shall effect and maintain, at no cost to the Client, Professional Liability Insurance for such loss and damage for which the Domestic Energy Assessor may be held liable to the Client under these terms and conditions.
Domestic Energy Assessor Right to Sub-contract
The Domestic Energy Assessor shall have the right to subcontract any of the services provided under the conditions, subject to the Client’s right to discuss such an appointment and object on reasonable grounds if necessary. In the event of such a sub-contract, the Domestic Energy Assessor shall remain fully liable for the due performance of its obligations under these conditions.
Time Bar
Any claims against the Domestic Energy Assessor shall be deemed to be waived and absolutely time barred upon the expiry of one year from the submission date of the report to the Client.
Document Retention
The Company shall retain all data, correspondence, documents and records that have a bearing on the services provided to the Client for a period of 7 years after completion of the service. The client will be given the right to have their own disclosed documentation returned by the Company or destroyed upon completion of the service.
Governing Law
This Agreement shall be governed by and construed in accordance with English Law and the Client submits to the exclusive jurisdiction of the English Courts or Arbitration in London, England. Nothing herein shall prevent the Company from enforcing in any country an award made by the above exclusive jurisdiction.