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 D&A Energy Consultants Ltd to the Owner/Seller/ Landlord/Occupier (`Client`) of the property to be inspected (`Premises`).
The Terms supersede any purchase order issued by the Client and all proposals, terms & conditions, statements, representations or warranties made by or between the D&A Energy Consultants Ltd and the Client (`Parties`) relating to the Services. No variation is valid unless agreed in writing by the Parties.
Full details of the Parties, 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 our Terms and form part of the contract between the Parties.
EPC Services shall consist of any inspection of the Premises by the DEA and subsequent submission of an Energy Performance Certificate.
The DEA will not provide:
a) A survey, condition report nor property valuation
b) Professional services other than those related to the provision of an Energy Performance Certificate (EPC)
c) Any additional services will be dealt with by a separate contract.
The DEA will undertake a visual inspection but will not look at nor consider parts of the premises, which are covered, unexposed or inaccessible.
The DEA will not pull up carpets or floorboards. Lofts will only be visually inspected if:
a) It is safe to do so
b) Access is within 3 meters of floor level and
c) It will not damage the Premises.
d) Please be aware, due to Health & Safety, it may not be possible to access loft hatches over stairwells.
Floor plans shall consist of an inspection of the Premises by the Floor Plan provider and subsequent submission of a Floor Plan.
The Floor Plan Provider will not provide:
a) A survey, an EPC, a Property Inventory/Condition Report nor property or goods Valuation.
b) Professional services are other than those related to the provision of the floor plan.
c) Any additional services will be dealt with by a separate contract.
The Floor Plan provider will undertake a visual inspection but will not look at nor consider parts of the premises, which are covered, unexposed or inaccessible.
Lofts will not be inspected or included on the Floor Plan unless prior agreement is requested and agreed by both parties
All services provided will be prepared with due skill and care.
The fees payable for the Services will be as detailed via email prior to our visit.
Fees are to be paid in full (without any deduction or set-off) upon delivery invoice to the Client, payable on or before the date of our visit. Payment is accepted by PayPal, BACS facility, Cash or Cheques can be accepted on the day.
The D&A Energy Consultants Ltd may charge interest on any outstanding fees from the due date for payment until the date payment is made at the rate of 2% per month above the base lending rate from time to time of Santander Bank Ltd.
If for whatever reason, the appointment to inspect the premises is cancelled by or on behalf of the Client on the day of the appointment, 50% of the fees may be payable to D&A Energy Consultants Ltd in accordance with the provisions of clause 4.
If we are 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%. The D&A Energy Consultants Ltd may terminate the Contract if it’s deemed that there is a conflict of interest.
In the case of EPC’s, D&A Energy Consultants Ltd 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. All warranties, terms & conditions, whether oral or written, express or implied by statute or otherwise which might have imposed obligations on D&A Energy Consultants Ltd in relation to the Services will be excluded to the fullest extent permitted by law.
D&A Energy Consultants Ltd will provide a high level of customer care at all times. In the unlikely event of any complaint, we 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 us setting out full details of the complaint within 5 working days. D&A Energy Consultants Ltd will usually respond within no more than 15 working days to allow for holidays.
If the Client is dissatisfied with a response regarding an EPC complaint, the matter can be escalated to our DEA’s Accreditation Scheme. (found below) This does not affect the Client’s legal rights.
The Client will at his or her own expense provide all such information & co-operation as is reasonably required to enable us 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) Prior to inspection, provide information about the Premises they deem necessary for the purposes of the EPC
The DEA 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.
An EPC prepared by the DEA must be entered onto the 'Energy Performance of Buildings Central Register' https://find-energy-certificate.digital.communities.gov.uk
All reports will be provided by email via a URL link direct to the client; hard copies are provided on request.
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 D&A Energy Consultants Ltd will comply with obligations specified under The DPA (Data Protection Act) 2018 and UK GDPR (General Data Protection Regulation) ) when dealing with all data received from visitors from our website and the Client is entitled to see any Personal Data held by us in respect of the Client.
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.
The Client and a potential or actual buyer or tenant of the Premises may enforce the Statutory Terms.
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.
The laws of England and Wales will govern the Terms, and the Parties submit to the exclusive jurisdiction of the English and Welsh courts.
Dave Wignall is a licensed DEA operating under licence number STRO021849 to prepare EPC’s under the provisions of the EPBD Accreditation Scheme.
The DEA’s Licence is administered by the following Accreditation Scheme:
Stroma Accreditation, 4 Pioneer Way, Castleford, WF10 5QU