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Idea Energy Surveys Ltd.

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