DEA Lincolnshire Terms of Business
1 Services
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 Energy Assessor ("the EA") 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 EA and the Client ("Parties") relating to the Services. No variation is valid unless agreed in writing by the Parties.
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.
2 The Services
2.1 The Services shall consist of any inspection of the Premises by the EA and subsequent submission of an Energy Performance Certificate & Recommendation Report (“EPC” “NDEPC” “DEC” “OCEPC”).
2.2 The EA will not provide:
a) survey, condition report or property valuation.
b) professional services other than related to the provision of an EPC, NDEPC, DEC & OCEPC. Any such additional services will be dealt with by a separate contract.
2.3 The EA will under take a visual inspection and will not look at parts of the Premises which are covered, unexposed or inaccessible The EA 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 meters of the floor and it will not damage the Premises.
3 Statutory Terms for the Preparation of an EPC , NDEPC, DEC, OCEPC ("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) on submission of invoice.
4.2 The EA may charge interest on any outstanding Fees from the due date for payment until the date payment is made at the rate of 8% per annum above the Bank of England base rate. In addition a late payment charge of £30.00 will be applied to each invoice that is outstanding more than 90 days.
5 Cancellations or Postponement
5.1 If the appointment is cancelled by the Client on the day of the appointment for whatever reason, 50% of the Fees will be payable to the EA.
5.2 If the EA 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 EA's entire discretion be increased by up to 25%.
5.3 The EA may terminate the Terms if there is a conflict of interest.
6 Warranty & Complaints
6.1 The EA warrants that the Services will be performed in accordance with all legal requirements and the requirements of the EA'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 EA in relation to the Services will be excluded to the fullest extent permitted by law.
6.3 The EA will provide a high level of customer care at all times. In the unlikely event of any complaint, the EA 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 EA setting out full details of the complaint within 5 working days. The EA 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 EA'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 EA 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 of a Questionnaire which will be sent by the Client in advance of the inspection,
setting out information about the Premises.
8 Liabilities
8.1 Not withstanding anything to the contrary in this Agreement the liability of the EA under or in connection with this Agreement, whether arising from contract, negligence or howsoever will be limited as set out in this Clause 8.
8.2 The public liability of the EA is limited to £1,000,000 in respect of any one claim where the claim is not covered by the EA’s Accreditation Scheme insurance
8.3 The professional indemnity liability of the EA is limited to £1,000,000 in respect of any one claim where the claim is not covered by the EA’s Accreditation Scheme insurance.
8.4 The EA 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.
8.5 The Client accepts that the Fees have been set in relation to the risks being assumed by the EA under the Terms, and that accordingly the limitations on the liability of the EA detailed in this Clause are reasonable.
9 Force Majeure
9.1 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.
10 Confidentiality & Data Protection
10.1 Any EPC, NDEPC, DEC, OCEPC prepared by the EA must be entered onto the Register.
10.2 NDEPCs, DECs and OCEPCs will only be lodged onto the Register on receipt of all fees.
10.3 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 EA 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 EA in respect of the Client.
c) How the Client's Personal Data will be used by the EA will be detailed in the Special Conditions in the Schedule.
11 Third Party Contractual Rights
11.1 The Client and a potential or actual buyer of the Premises may enforce the Statutory Term in Clause 3.1.
11.2 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.
12 Applicable Law
The laws of England will govern the Terms, and the Parties submit to the exclusive jurisdiction of the English courts.
13 Insurance
13.1 The EA will maintain insurance cover in accordance with the requirements of the EA's Accreditation Scheme and the minimum terms set by Department of Communities & Local Government.
14 Regulation
14.1 The EA's Licenses are administered and accredited by Elmhurst Energy Systems Ltd and BRE Global Ltd.
14.2 The EA is licensed under the following license numbers
EES003116 to prepare Domestic EPCs, On Completion EPC and Predictive EPCs under the provisions of the Housing Act 2004
BREC400097 to prepare Non Domestic NDEPC and Display Energy Certificates DEC and to audit BREEAM In-Use Assessments under provisions of the Energy Performance of Buildings 2007
15 Website Disclaimer
15.1 The information contained in this website is for general information purposes only. The information is provided by DEA Lincolnshire and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
15.2 In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
15.3 Through this website you are able to link to other websites which are not under the control of DEA Lincolnshire. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, DEA Lincolnshire takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.