Terms and Conditions
Terms and Conditions
Definition
In these Terms
and Conditions the following words shall mean;
The Company: Idea Energy Surveys
Limited
The Provider: Idea Energy Surveys Limited
The Client: The Instructing Party
The Customer: The Property Owner, Tenant, or Representative
1. The Company
and Service
The Company undertakes to provide a service to its Customers with all professional
business principals and skill our Clients expect. We will make all efforts to arrange a
mutually suitable appointment to carry out the survey, however the Client has
the opportunity to re-arrange with the Company via email, phone or letter, if
the suggested appointment is inconvenient to themselves or their Customer. The
assessment will take place at an allotted date and time – unless there are
unforeseen circumstances. In that case the Company will make all efforts to
inform the Client as soon as possible and make arrangement to reschedule the appointment.
All inspections will be conducted by a competent Assessor who is either a Company
Employee or appropriate qualified sub-contractor, who is accredited and
certified via a Government licensed agency and will conduct the Company's
business in accordance with the appropriate schemes, code of conduct and practices
at all times.
2. The Assessment process
The
Company will require the following:
a. Access to
the loft
b. Access to
all rooms
c. Access to
all energy appliances (boiler, fires, cylinders) and their controls
d. The
ability to gather vital information regarding the property age, heating
details, glazing, installation, build and extension dates, is imperative to
ensure accuracy of the report.
e. Sight of
any heating, glazing or building guarantees and warranties, together with any
planning permission and building regulations obtained in respect of extensions
to the property.
f. Where
surveys are conducted for a Customer who may be impaired, infirm, vulnerable
physically or mentally, we require a responsible person to be present on site
throughout our visit.
3. Inspection
Unless stated otherwise,
the inspection will be of a visual nature and of the surface area of the
accessible part/s of the structure specified. Any parts of the structure/building
which are not readily accessible, (unless reasonable safe access arrangements can
be made available on the day), these parts of the structure which are covered,
unexposed, or inaccessible in any way, will not be inspected and will not be
included within the report.
4. The Report
a. The Company
will not purport to express an opinion about or advise upon the energy
efficiency of uninspected parts and should not be taken as making any implied
representation or statement about such parts.
b. The Company
will advise the Client of their findings in a report form, an EPC (Energy
Performance Certificate), as to the assessment of the energy efficiency of the
property and any recommendations on improvements that may be made to the
property to assist in energy efficiency.
c. The Company
shall produce an Energy Performance Certificate which includes a Recommendation
Report (“EPC”) as standard.
d. The EPC
will be provided no later than 7 working days,
from the provider gaining access to the property, although the Company will attempt
to achieve a prompt turnaround at all times.
e. The Company
will provide support to the Client and discuss the findings and suggestions
given within the EPC.
f. The
report is provided for the sole use of the named Client and their Customer.
g. The Company
accepts reasonable responsibility to the Client and the appropriate accredited
body, for the stated purposes that the report is used. The report will be
prepared with all due care, skill and diligence, however the provider accepts
no responsibility in respect of interpretation, to any other person. Any such person or body
relies upon the report at their own risk.
h. The Company's
payment terms are specified in Clause 10 and the client shall pay the Company
the agreed fee/s for the report/s and any expressly agreed disbursements.
5. Working Conditions
The Company expects the Assessor to have a
safe environment in which to work. Should the Client fail to provide the
following, it may result in termination of the inspection based upon Health and
Safety grounds in these cases, an abortive fee will be charged.
a. A
responsible adult must be present throughout the assessment/ inspection. Special
attention is drawn to clause 2f.
b.Unimpeded
access is required for the Assessor during the time of the appointment, for
example, access to the loft area and external property perimeter.
c. All
children must be supervised , to avoid any health and safety risks when
performing the inspection.
d. All pets
will be removed in advance, from all areas
which are to be inspected.
6. A Zero Tolerance policy is operated by the
Company ie:
a. An “abuse
free” environment must be provided for the Assessor at all times. This shall include
either verbal or physical abuse. Any abuse
of whatever nature inflicted upon any member of our team will be met with “zero
tolerance” and will result in an immediate termination of the contract and
potential legal action. A fee in respect of the full charge of the inspection
will apply in these cases.
7. Delays
a. If the appointment
is cancelled by the Client or their Customer on the day of the inspection, for
whatever reason the company reserves the right to charge the full fee.
b.Where a
date or time has been agreed for the Inspection, the Company shall be entitled
to a reasonable extension of that period due to delay’s beyond their control.
However, should there be a delay the Company will make all reasonable efforts to
advise the Client or their Customer as soon as possible.
8. General Liability and Damage
a. Whilst all reasonable care will be taken by
the Assessor, the Company will not be liable for any damage caused during their
inspection, which is otherwise by an unavoidable occurrence. For example, it may be advisable for the Client
or Customer to have available dustsheets for the area’s where dust or dirt may
occur and ensure all breakable items are removed.
b. The Company provides Professional Indemnity
and Public Liability Insurance. A copy is available for inspection upon
request.
c. Nothing in these Terms restricts or exclude
our liability to the Client or Customer for death or personal injury caused by our
negligence. Subject to the complete terms, we shall not be liable for any loss,
damage, costs, claims or expenses whatsoever arising which includes the acts,
errors or omissions of third parties
9. Liability
and Guarantee
a. Where the Client is incorporated as a Limited
Company and has entered into a contract with the Company, the Director/s agree
to personally guarantee any debts and liabilities owed to the Company.
b.Where the Client is a limited liability
partnership (LLP), each member agrees to be individually liable for all
outstanding debts and liabilities owed to the Company.
10. Quotations
and Contract Rates
a. All quotations will be provided upon instruction and be specific to the
each Client. Any quote will be valid for a period of 30 days after which time, if not
accepted the quote will expire, the Company then reserves the right to
withdraw, increase, vary or provide an alternative quotation.
b. If a
property is found to be significantly different from that described by the Client,
then the Company reserves the right to amend the cost and invoice accordingly.
c. All
contract rates, are based upon volume numbers and priced accordingly, often
factoring in accommodation and the employment of additional staff. Should the
number of surveys originally agreed within a specific quote, reduce and/or be
significantly delayed, for whatever reason, the Company reserve the right to cancel
the contract immediately and increase the rate per survey carried out to that
date by 25%, which will be invoiced in addition. Should the Company choose to
continue to supply service to the Client,
the increased rate shall be applied to all surveys carried out from the
date of determination.
11. Payment
& Contract Terms
a. All invoices are due on strict payment terms
of 14 days from the date of invoice.
b. All outstanding invoices or part of, falling
due after the due date will incur interest and charges, claimed under the Late Payment of Commercial Debts (Interest) Act 1998,
at the daily rate defined by the Act at the date the invoice was raised.
c. All charges for interest and costs will be
raised separately and will fall due as per the principal invoice.
d. Notwithstanding any agreed period of credit,
if any invoice is overdue for payment the full balance of the account becomes
immediately due and payable
e. Any invoice queries must be notified to the Company
within 5 days of the date of the invoice.
f. Any legal fees incurred as a result of late
payment and or legal collections will be charged in addition.
g. The Company reserves the right to factor,
sell, and discount or pledge any due, paid or underpaid invoice/s whether or
not it is outstanding for payment.
12. General
Provisions
a. The Client shall not be entitled to exercise
the right of set-off in respect of any unpaid sums due from the Company to the Client.
b. The Company reserve the right to apply
payments received to the oldest invoices first shall, or any sequence the Company
deems fit, if a remittance advice is not provided by the Client.
c. The Client shall be responsible for any VAT,
duty, tax or other liability that may fall due and in so far as the Company may
be required to pay and recover such sums, this shall not affect the Clients liability to
make payment of such sums.
d. Any estimates made by the Company as to the
date/s upon which a contract will commence will be classified as confirmed by
the Company to the Client upon formal acceptance of the quotation.
e. Any estimates made by the Company as to the
date and time of commencement and completion of the Contract will be accepted
as a business estimate and may be subject to delays beyond the control of the Company.
f. The provisions of the Contracts (rights of third
parties) Act 1999 are excluded and nothing herein shall create rights in favor
of any third parties other than the parties to the Agreement, except where
expressly so provided.
g. Any additions to or alteration of the Terms
and Conditions shall render the contract null and void unless agreed in advance
and confirmed in writing between the two parties.
h. The contract shall be terminated immediately
if a petition to wind up the Clients Company or in the case of an individual a
Bankruptcy order is presented by a third party or the Client, or an
Administrator is appointed to present a petition to the Court, or if the Customer
passes a resolution for voluntary Liquidation.
i. In the event that any clause (or part
thereof) of these Terms and Conditions is held unlawful, unenforceable or
invalid by any Court or other competent body, this shall not in any way affect
the validity of the remainder of such clause and the remainder of the other clauses
in these terms.
j. No failure or delay by the Company in exercising any of
the rights under these Terms and Conditions means that we have waived that
right, and no waiver by the Company of a breach of any provision of these Terms
and Conditions means that we will waive any subsequent breach of the same or
any other provision.
k.Any variation to these terms and conditions
must be in writing and agreed in advance between the two parties.
13. Contract
and Cancellation
12.a The
Client may terminate the Contract: i.
Where the Company
and Client have entered into a contract based upon a specific number of surveys/inspections
and accepted a contract rate of
pricing, the contract shall be continual
until the work is completed by the Company, unless (12.a.ii.4) applies
ii.
If any of the following occur, the Client may cancel
the contract immediately by giving the Company written notice.
1. The Company has
breached the Contract in any material way and have failed to remedy that breach
within 30 days of you informing the Company in writing.
2. The Company has
entered into liquidation or have an administrator or receiver appointed over the
assets;
3. The Company is
unable to provide the Services due to an event/s outside and beyond their
control
4. The Company and or
its employees are found to be negligent.
12.b The Company may
terminate the contract: i.
If the Client
fails to make payments in line with the terms specified in clause (10a) This
does not affect the Company's rights to charge interest on overdue sums under (10.b)
ii.
If the Client has breached the Contract in any material
way whatsoever and have failed to remedy the breach within 30 days of the Company
advising them of the breach.
iii.
For the purposes of this contract a breach of the
Contract will be considered ‘material’ if it is not minimal or trivial in its
consequences to the terminating party. In deciding whether or not a breach is
material no regard will be had to whether it was caused by any accident,
mishap, mistake or misunderstanding.
14. Data
Protection
All personal information that the
Company may collect (including, but not limited to the name and address of both
you and your Customer’s) will be collected, used and held in accordance with
the provisions of the Data Protection Act 1998 and your rights under that Act. The
Company may use your personal information to:
a. Provide the services
to you.
b. Process your
payment for the services.
c. Inform you of new
products and or services available. (you may request that the Company stop
sending you this information at any time).
d. In certain
circumstances (if, for example, you wish to hold a trade account with the Company),
We may pass your personal information on to credit reference agencies. These
agencies are also bound by the Data Protection Act 1998 and should use and hold
your personal information accordingly.
e.We will not pass
on your personal information to any other third parties, without first obtaining
your express permission.
15. Jurisdiction
a. These Terms and Conditions (and the Contract)
(including any non-contractual matters and obligations arising therefrom or
associated therewith) shall be governed by, and construed in accordance with,
the laws of England and Wales.
b. Any dispute, controversy, proceedings or claim between
the Company and its Client or their Customers and you relating to these Terms
and Conditions (or the Contract) (including any non-contractual matters and
obligations arising therefrom or associated therewith) shall fall within the
non-exclusive jurisdiction of the courts of England and Wales.
16. Problems
and Disputes
a. The Company will always use reasonable efforts to
ensure that each survey is trouble-free. However if there is a problem with the
services we request that you inform us as soon as is reasonably possible by
phone and writing.
b.We will use all reasonable efforts to deal with any
issues as quickly as is reasonably possible and practical.
c. We will not charge you for additional surveys where any
problems have been caused by the Company our agents, employees or
sub-contractors.
d. The Company reserves the right to charge in addition if
it is determined that a problem has been caused by incorrect or incomplete information
provided by the Client or their Customer.
e. Should a dispute arise which cannot be
resolved between the parties, mediation should be instigated in the first
instance, before any other formal course
of action is taken by any party bound by these Terms and Conditions.
The information available on this website is designed to provide general information only.
The Information may contain technical inaccuracies or typographical errors.
Information may be changed or updated without notice. We may also make improvements and / or changes at any time without notice.
Name & Registered Office:
Idea Energy Surveys Limited
12 Linacre Way
Darlington
County Durham
DL1 2YA
Company No. 06254209
Company registered in England