YORVIK RENTAL HIPS.COM 

 

 

   

 

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 Yorvik Rental Hips.Com 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 The Late Payment of Commercial Debts (Interest) Act 1998.

1.2 Full 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 occassions and therefore any parking fee will add £35 to your invoice, if you do not mention it, or fail to supply one to our DEA on Access to your rental / sale property.

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 (“EPC”).

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 such additional services will be dealt with by a separate contract.

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, access is within 3 metres of floor level & it will not damage the Premises.

3 Statutory Terms for the Preparation of an EPC, Energy Performance Certificate and HIP Home Information Pack  (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.

 

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.

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 accredition scheme rules.

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 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 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.

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 supervise the 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 AON Professional Risks part of our cover from 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 thousand pounds sterling (£20,000).

9.4 The DEA in York will not be liable for any special, consequential or indirect damages, loss of profits (including direct loss of profits), loss of business, loss of revenue, loss of goodwill or loss of anticipated savings arising out of or in connection with the Terms.

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 in this Clause are reasonable.

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 as LandMark

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 of 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.

We will use a one-to-one contact to provide a satisfactory conclusion of the complaint by communications between Yorvik Rental Hips.com 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.

An escalating policy will ensure that Yorvik Rental Hips.com 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 QAS, the Quidos Accreditation Scheme who act as a third party to resolve the issue for the customer. Yorvik Rental Hips.com will comply with the decision of his accreditation authority.

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 Yorvik Rental Hips.com and not the customer. Part of our five star service for all clients.

All Residential Parking Customers must supply a Council Parking Ticket for Our Assessment Time or the fine will be billed to you under our Terms & Conditions