Terms and Conditions and Cancellation Policy Notice
1) Introduction.
This is a legal agreement between Wimbledon Energy Assessors and You
(‘You’ or ‘Your’). These terms and conditions
of business shall apply to all inspections undertaken by Wimbledon
energy Assessors, unless otherwise specifically agreed in writing.
By ordering via telephone, fax, post or email or mobile phone you
agree to be bound by these Terms and Conditions. All orders and requests
for commissions or any additional services will be subject to Wimbledon
energy Assessors acceptance, which will be notified to you when Wimbledon
energy Assessors confirms your order and will be governed by these
Terms and Conditions.
2) Wimbledon energy Assessors Instructions and Services.
Wimbledon energy Assessors reserves the right to reject any commission.
3) Wimbledon energy Fees.
Our fees are subject to change from time to time. The fees are payable
after 10 days after the supply of an invoice on completion of the
instruction, unless other terms have been expressly agreed in writing
. We reserve the right to charge interest at 4% above National Westminster’s
Bank base rate from time to time for any amounts outstanding beyond
30 days.
4) EPC production.
Where the instruction is to produce an EPC for a client, we will ensure
only qualified and licensed practitioners are used who are suitably
accredited. The EPC inspection will be carried out under any statutory
requirements in force and in conjunction with our own code of good
conduct and good practice.
The Energy Performance Certificate is a report on the energy efficiency
of the property at the time of inspection. It is in a standard format
and has been prepared by a Domestic Energy Assessor who is registered
with a Domestic Energy Assessor Accreditation Scheme and holds the
Diploma in Domestic Energy Inspection.
The Domestic Energy Assessor has a duty to provide an opinion about
the energy efficiency of the property that can be used and relied
upon by prospective buyers. The report will be included in the Home
Information Pack commissioned on the property and entered on the Central
Register.
The Code of Practice for Domestic Energy Assessors issued by their
Accreditation Scheme sets out the principles that must be followed
and applied by all Domestic Energy Assessors who are a member of the
Accreditation Scheme.
You are strongly advised to read these terms of engagement. No responsibilities
can be accepted for the consequences should the readers fail to act
upon specific reasonable advice within it.
Terms of engagement.
The report has been commissioned on the basis of these
Terms of Engagement by, or on behalf of, the seller of the property,
and describes the energy efficiency of the property on the date of
inspection. The Domestic Energy Assessor has a duty to provide an
impartial opinion that can be used and relied upon by a prospective
buyer and the seller. It is agreed by the parties that the provisions
of the Contracts (Rights of Third Parties) Act 1999 will apply.
This Energy Performance Certificate will be carried out in accordance
with the Accreditation Scheme’s Domestic Energy Assessor Code
of Practice.
Any services the Domestic Energy Assessor may agree to provide in
addition to preparing this Energy Performance Certificate are outside
of the scope of the Accreditation Scheme, and must be covered by a
wholly separate contract from that covering the Energy Inspection.
Those parts of the property that have been inspected and those parts
where an inspection has not taken place are set out below and form
part of these terms.
Any personal information regarding the seller that is recorded by
the Domestic Energy Assessor will be held safely and securely and
the seller has a right to see these records. The seller’s contact
details may be used during the process for monitoring the compliance
and performance of Domestic Energy Assessors. Personal information
about the various parties, in particular the owner, occupier(s) and
seller of the property which has no relevance to the Energy Performance
Certificate will not be recorded by the Domestic Energy Assessor.
What this report tells you
It tells you about the energy efficiency of the property
and gives appropriate recommendations selected from a standard set
of recommendations, suggested by specialist software, to tell you
how the energy efficiency might be improved.
What this report does not tell you
The Report will not include any valuation of the property
and does not provide information on the condition of the property
or the services.
It does not tell you about any matters, other than those specifically
related to energy efficiency, nor does it warn you about any Health
and Safety Risks to occupiers or visitors to the property. The report
does not give accurate running costs, an indication of heating and
lighting bills, advice on how the improvements will affect the salability
or value of the property or how to carry out the improvements. The
report also does not provide the exact U value - the exact thermal
conductance from the outside to inside covering all modes of heat
transfer.
What is inspected
Externally, to collect the necessary data all reasonably
accessible parts of the property are visually inspected from within
its grounds and adjoining public and communal areas. If the Domestic
Energy Assessor needs to access any elements of the property not at
ground level in order to collect the data required to issue an EPC,
then the Domestic Energy Assessor may use binoculars or a digital
camera and may use a ladder where the surface is no more than 3 metres
from ground level and where it is safe and practical to do so.
Internally, the Domestic Energy Assessor gains access to as many parts
of the property as is safe and practical in order to collect the data
required to issue an EPC. Internal fixed floor coverings are not lifted
and heavy items of furniture are not moved. Cupboards/storage areas
are not emptied where it would be unreasonable for the Domestic Energy
Assessor to do so.
What is not inspected
The Domestic Energy Assessor undertakes a visual inspection
to collect the necessary data and does not carry out tests of services,
or look at those parts of the property that are covered, unexposed
and inaccessible or damage any part of the property when undertaking
the inspection. In particular the following are not inspected:
Exterior The parts of the property that can only be seen by entering
somebody else's private grounds or property. The parts of the property
that cannot be reached other than from ground level with a 3 metre
ladder. (The Domestic Energy Assessor will not walk on flat roofs).
Exposure works will not be carried out to the foundations, cavity
walls and parts of the property covered by the ground.
Interior Areas that are behind secured trap doors, behind heavy furniture
or filled cupboards. Floor surfaces and under floor areas that are
beneath fitted carpets and other fixed floor coverings. Roof voids,
where there is no access or where the access is above 3 metres from
the immediate floor level below, or where it would be unsafe. Insulation
and other material in the roof space will not be lifted or moved.
The inside of chimneys, boiler and other flues. The Domestic Energy
Assessment should not be construed or used as a general or specific
survey of the condition of the property, nor will the Domestic Energy
Assessor comment upon any such matters whilst carrying out an energy
inspection.
What you should do in the event of a query or complaint
The Domestic Energy Assessor is required to have a
formal complaint handling process. Should you have a complaint about
an Energy Performance Certificate or the Domestic Energy Assessor,
you should contact the Domestic Energy Assessor asking him/her for
a copy of the complaint handling process. This procedure will describe
how to make a formal complaint, who it should be addressed to, and
what further recourse is available to you.
Upon receipt of any complaint the matter will be taken seriously and
all efforts made to investigate the circumstances and resolve the
issues. Should you not be satisfied with the way the complaint was
handled you may refer the matter to the Domestic Energy Assessor Accreditation
Scheme complaints handling process which will arrange for the claim
to be resolved independently.
5)Termination
Wimbledon energy reserves the right to terminate this agreement without
notice for any reason including non-payment of fees. Wimbledon energy
fees shall be payable immediately on termination or expiry howsoever
caused of this agreement.
6) Cancellation Policy
Our policy is that you can postpone a job at any time up to 5pm the
day before the visit to the property without cost.
Cancellation or postponement of a job for any reason after 5pm of
the day prior to photography incurs an automatic charge equivalent
to 25% of the full price of the job.
Disclaimer
In no respect shall Wimbledon energy or the Assessor incur any liability
for any damages, including, but limited to, direct, indirect, special,
or consequential damages arising out of, resulting from, or any way
connected to the issuing of the Energy Performance Certificate or
the recommendations contained within it, or any commission, whether
or not based upon warranty, contract, tort, or otherwise; whether
or not injury was sustained by persons or property or otherwise; and
whether or not loss was sustained from, or arose out of, the results
of the survey, or any services that may be provided by Wimbledon energy.
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