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 the Domestic Energy Assessor (“the DEA in York”) 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 in York and the Client (“Parties”) relating to the Services. No variation is valid unless agreed
in writing by the Parties. Noncompliance towards payment will ensure that Aardvark EPC will cancel any
Discounts after 60 days of non payment and under no circumstances will it be extend to anyone and after
this period full payments without any discount will be demand under Our Terms By English
Law.
After a period exceeding three months
Aardvark EPC will inform Daniels Silverman Commercial Debt Recovery & Investigations to collect the debt
with their fees added & 8% above the Bank of England base rate added to the amount for
business loss, and extra legal fees may be liable for further delays, as indicated under the rights of
English Law as quoted in legal terms as TheLate Payment of Commercial Debts (Interest) Act 1998. Once
the debt is passed to Daniel Silverman no correspondence will be answered by Aardvark EPC and all
correspondence over this debt must be addressed to Daniel Silverman who will collect all debt payments from
you.
1.2Full 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.(Please note a PAID Residential Parking Permit must be supplied for visits where Council Parking
officials can issue fines for parking without an issued ticket. We have been fined £35 on two occasions and
therefore any parking fee will have to be added an extra £35 to your invoice, if you do not mention
it, to our DEA on our Energy Assessment visit.
2 The
Services
2.1 The Services shall consist of
any inspection of the Premises by the DEA in York and subsequent submission of an Energy Performance
Certificate & Recommendation Report otherwise known as an (“EPC”) for rental or sale
purposes.
2.2 The DEA in York will not provide: a) a survey, condition report or property valuation. b) Professional services other than related to the provision of an EPC. Any other
additional services will be dealt with by a separate contract between both Aardvark EPC and the
client.
2.3 The DEA in York will undertake a visual inspection and 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, by using a loft ladder, if provided, or our
own.
3
Statutory Terms for the Preparation of an EPC, Energy Performance Certificate (known as “Statutory
Terms”)
3.1 The EPC will be prepared with
reasonable skill and care.
4 Fees
& Payment Terms
4.1 The 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) immediately upon submission of our invoice. Otherwise above Daniels Silverman actions will
ensure as detailed above by English Law.
4.2 The DEA in York may charge
interest on any outstanding Fees from the due date for payment until the date payment is made at the rate
stated above at of 8% per annum above the base rate (a fair amount as stated by Daniels
Silverman).
5
Cancellations or Postponement
5.1 If the appointment is cancelled
by the Client on the day of the appointment for whatever reason, 40% of the Fees will be payable to the
DEA in York. If another EPC is booked this will be reduced to the normal costs if a worthwhile
reason is quoted to us.
5.2 If the DEA in York
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%.
5.3 The DEA in York
may terminate the Terms if there is a conflict of interest, should this invalidate his Stroma Accreditation
Scheme rules, for example safety - unacceptable.
6
Warranty & Complaints
6.1 The DEA in York warrants that
the Services will be performed in accordance with all legal requirements and the requirements of the
DEA’s Accreditation Scheme & any relevant henceforth - Professional Code of Practice.
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 DEA in relation to the
Services will be excluded to the fullest extent permitted by English Law.
6.3 The DEA in York
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 response they should write to the DEA setting out full details of the complaint
within 5 working days. The DEA in York 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 under English Law.
7
Client Obligations
7.1 The Client will at his or her
own expense provide all such information & co-operation as is reasonably required to enable the DEA
in York 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 whilst he is
performing his inspection; c) completion and signature of a written Questionnaire which will be sent to the
Client in advance of the inspection, setting out information about the Premises.
8
Insurance-The DEA in York will maintain insurance cover
in accordance with the requirements of the DEA’s Accreditation Scheme and the minimum terms set by Department of
Communities & Local Government. We hold Professional Indemnity Insurance and Public Liability Insurance with
AEON Professional Risks as part of our Guaranteed cover from our STROMA ACCREDITATION SCHEME.
9
Liabilities
9.1 Notwithstanding 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.
9.2 The aggregate
total liability of the DEA in York is limited to two thousand pounds sterling (£2,000) 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 in
York.
9.3 In respect of any
other liability not otherwise covered by this Clause 9, the DEA’s aggregate total liability is limited
to TWENTY FIVE thousand pounds sterling (£25,000).
9.4 The DEA in York
will not be liable for any special, consequential or indirect damages, loss of profits (including direct loss
of earning), loss of business, loss of revenue, loss of goodwill or loss of anticipated savings arising out of
or in connection with the Terms of Our Agreement.
9.5 The 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 under this Clause are reasonable to him, or
her.
10
Confidentiality & Data Protection
10.1 An EPC prepared by the DEA in
York must be entered onto the Register of EPCs, Energy Performance Certificates, called in the Government
database known as "Land Mark".
10.2 Subject to Clause
10.1 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) The DEA in York 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 York of the
Client. c) How 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 that
delay or failure is caused by circumstances beyond the reasonable control of that party.
12 Third Party Contractual
Rights
12.1 The Client and a potential or
actual buyer of the Premises may enforce the Statutory Term in Clause 3.1.
12.2 In 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.
13 Applicable
Law - The laws of England will govern the Terms, and the
Parties submit to the exclusive jurisdiction under the English courts.
CUSTOMER COMPLAINTS PROCEDURE
POLICY
Should any customer be dissatisfied with our services, and wish to make an official
complaint, we will endeavour to resolve the issue to the best possible customer service we can offer. This
will be resolved very quickly we promise You!
We will use a one-to-one contact to provide a satisfactory conclusion of the complaint
by communications between Aardvark EPC and the customer making the complaint. All records will be kept on
record of the complaint and all documentation will be filed to ensure a fair and accurate methodology of the
event of the complaint. Any further communications will be added to these files to ensure an accurate account
of the process of the complain for future reference. We store all our files for 15 years under H.M. Housing
Law procedure.
An escalating policy will ensure that Aardvark EPC known as the DEA in York, or
Domestic Energy Assessor will do all he can to resolve the issue, but should these attempts fail to please,
he will escalate the process of the complaint to STROMA, Accreditation Scheme who act as a third party to
resolve the issue for the customer. Aardvark EPC will comply with the decision of his accreditation
authority. Aardvark EPC will act according to policy and will resolve your problem
No action by either the Domestic Energy Assessor or STROMA Accreditation Scheme will
bring cost to the customer and any address such as a re-assessment of the Energy Performance Certificate will
be at the expense of Aardvark EPC and not our customers. We Give You Our Solemn Word under English
Law.
01904
658362
All Residential Parking Customers must supply a Council
Parking Ticket for Our Assessment Time to prevent unjust fines to us under our Terms &
Conditions
