Definitions:
Client - The person or company issuing the instruction
to Rugby Energy Services. This may be either the actual owner or seller of the property, or an authorised
estate agent ("Agent"), acting on behalf of the client.
The Property - the premises, being
a building as defined under the national legislation, as having a
requirement for an
Energy Performance
Certificate (EPC). Inspection / Assessment - the study of those aspects of the property
which contribute to the creation of an EPC, and carried out by the Assessor. Instruction
- the agreement to require Rugby HIP to carry out an Inspection, under these Terms & Conditions,
at the property.
EPC (Energy Performance Certificate) - the official document
produced by computer software, and as determined from time to time by the UK government decree.
Fee
- the amount, being in pounds sterling, agreed to be paid by either the Client and/ or the Agent,
or such other acceptable (to Rugby HIP body as may be agreed. This Fee is determined in advance of the initiation
of an Inspection, according to Rugby HIP's standard fee schedule.
Recommendations
- those suggestions and proposals, created as an essential by-product of the EPC and over which neither Rugby
HIP nor its employees have any control, or influence.
WHEREAS the Client has retained Rugby HIP to carry out
an Inspection for the discrete purpose of creating an EPC for the Property, and Rugby HIP, HIP of the Fee agreed, accepts
the Instruction, and promises to use its reasonable professional endeavours to create said EPC
1. Rugby HIP will, at
a date and time agreed with the Client, visit the Property, and carry out an Inspection. During that Inspection a volume of
data will be assembled for input to computer software, which will then produce an EPC for that Property.
2. Rugby HIP
confirms that it’s staff have the necessary qualifications, and current licenses to perform such Inspections, and that
it will use its reasonable professional endeavours to complete the Inspection, and produce the EPC in a timely manner. However,
nothing in these terms & conditions imply that time is of the essence.
3. The Client agrees that the Fee for the
Inspection, will be paid as required by Rugby HIP, without any deduction, for any reason, and on demand by Rugby HIP. The
Client acknowledges and confirms that payment is of the essence of this agreement, and that failure to pay, or any default
in payment will render the EPC null and void.
4. The Client confirms that Rugby HIP has the right within the Property
to take measurements; make diagrams; take photos; and make such notes, as Rugby HIP in its sole discretion believes necessary
for the Inspection. The Client agrees that such documents, photos, etc. are the sole property of Rugby HIP, and the Client
has no rights to them in any manner or form. Such Documents are made by Rugby HIP as required by the UK legislation in force
from time to time, and Rugby HIP is required by law to retain such documents. At the conclusion of a time period set by UK
law, Rugby HIP confirm that it will safely and securely dispose of / destroy all such documents, and will not communicate
anything therein to any third party who does not have a legal right to them.
5. When prepared, and on satisfactory receipt
of the Fee (or acceptable equivalent), Rugby HIP will release the EPC to the Client, or the Agent, as required. Any explanations
requested by the Client will be provided by Rugby HIP free of charge, subject to those explanations being reasonable in number
and type. Rugby HIP reserves the right to make such charges as in its sole discretion deems fit, for any requests for information
from parties other than the Client or the agent.
7. Rugby HIP confirms that it carries current and paid up Professional
Indemnity Insurance as required by law, to protect the Client, or any other person who relies upon the EPC, against any malpractice,
or incompetence. Rugby HIP is bound by the Code of Practice detailed by the UK government, and subscribes to the respective
Professional Complaints Procedure. All parties agree to submit any complaints to the Professional Body for resolution.
8.
Rugby HIP also confirms that it maintains current policy of insurance for third party- damage and risk, which is sufficient
to compensate the Client for any damage or loss caused by Rugby HIP in any way, where Rugby HIP is at fault.
9. The
Client confirms that a current policy of insurance is in operation to protect Rugby HIPs’ staff from accident or other
danger or damage or loss howsoever caused whilst the Inspection is being carried out, and the staff are on the premises of
the Client.
10. It is the Client’s responsibility to ensure that access to the Property is available on the day
of and at the time agreed. For the avoidance of doubt, the time agreed is considered to extend for one hour later than the
agreed time, to cover unavoidable delays.
11. The Client also confirms that only persons above the age of 16 years will
be in charge of the Property throughout the Inspection. In the event that only minors below the age of 16 years are present,
the Inspection will be terminated immediately, but the Fee will still be payable in Full (the Default Fee). If a suitable
date and time can be agreed when subsequently adults can be present, Rugby HIP agrees to return half (50%) of the Default
FEE charged.
12. In the event of abusive, threatening, or violent behaviour, or if Rugby HIP staff are subjected to
danger, the Inspection will be terminated immediately, and the Default Fee will be payable. In such instances, if a subsequent
date is agreed for the Inspection to be made, no refund of any part of the Default Fee will be made, nor would it become due.
13.
If the Inspection is cancelled before Rugby HIP initiates travel to the Property, then no Fee is payable. However, if the
Inspection is cancelled for any reason after travel has commenced, then a Cancellation Fee becomes due and payable by the
Client, which is equivalent to 50% of the agreed Fee.
14. No responsibility rest on any party covered by these Terms
& Conditions where through the actions of Force Majeure any party is unable or prevented from carrying out or performing
its obligations hereunder.
15. These Terms & Conditions supersede any previous agreements or offers, and all parties
agree to the jurisdiction of the English Courts to resolve any problems or complaints that cannot be resolved amicably.
Timescale
for Delivery of the Property Energy Performance Certificate (EPC): Normally within 48 hours of the survey unless agreed otherwise.
Limitations
of the EPC Survey
The Extent of the Service: The Energy Performance Certificate for this dwelling will be produced
following an energy assessment undertaken by a qualified assessor, accredited to a scheme authorised by H M Government. The
certificate will be produced using RdSAP 2005 assessment methodology and will be produced under the government regulations.
A Copy will be lodged on the National Register. RdSAP methodology provides a measure of the buildings overall efficiency and
it’s environmental impact, taking into account factors such as insulation levels, heating and hot water systems, ventilation,
lighting and fuel used.
Energy ratings use "standard occupancy" assumptions, which may differ from
the specific way you use your home. Details can be found at www.communities.gov.uk
The Energy Performance Certificate relies on information gathered as seen at the time of inspection,
or as advised by the person(s) present / home owner or their representatives. This report cannot give any indication regarding
the condition of items or equipment, or regarding the structure of the property; the assumption is that equipment (eg. heating
boilers etc.) as seen are in working order or could be brought to serviceable standards.
Complaints
Policy. The Assessor accepts a duty of contract to produce an EPC with all due diligence and care. In the case
that there is cause for complaint please correspond initially with Rugby HIP directly; we have a complaints Procedure in place,
a copy of which will be made available immediately. We take all complaints seriously and would aim to expedite an urgent review
to settle your complaint to your satisfaction.
In the event that an appropriate solution to a complaint cannot
be found, we will be pleased to go to independent arbitration positively, and will co-operate fully to ensure a solution is
agreed. You may wish to also go direct to the Domestic Energy Assessors Accreditation Scheme whose contact details are on
the Certificate. This does not nullify your rights legal right to redress.
