Terms and Conditions
Terms and conditions of engagement for SAP assessment, Domestic, and Non-Domestic Energy Assessments service to produce EPC’s/DEC’s/ACI’s and FRA’s :
The assessment produced by qualified assessors that we instruct, may require an extensive survey, as reasonable access and circumstances permit. The assessor will endeavour, where practicable, to inspect as much of the internal and external surface area of the property as possible, and include comments on energy-related aspects, and energy efficiency of the systems within the building(s)
Terms and conditions of engagement for consultancy services are specific to the commission and are therefore available upon appointment.
The report contains the following conditions:
The assessor will survey as much of the internal and external area(s), as is practicable. The assessor will lift loose floorboards, loft hatches, trapdoors, and riser cupboards where accessible and where reasonable to do so. The assessor will not lift fitted carpets, move heavy furniture, or remove fixtures or fittings to facilitate the survey inspection
The building fabric will be examined, when possible, for data evidence collation in order to produce the report.
Where there are areas of the property and building services systems which are covered, unexposed, or inaccessible these are deemed not compulsory to be inspected – it notably would be impossible, and not feasible, for the assessor to examine every part of the building and its energy systems. The report does not state an opinion, or provide advice in relation to the condition or energy ratings of uninspected parts of the property and should not be taken as making any implied representation or statement about such parts
The assessor will inspect, from the ground level or from a nearby available vantage point, the roof loft and upper areas that can be accessed from the assessor’s 3m ladder, with a regard to health and safety. Close proximity of adjacent buildings/tall trees may hinder inspection of part of the roof/chimney stacks etc. The roof void area is inspected assuming a suitable access point is available, but household belongings will not be moved in any case by the assessor. The assessor cannot comment in relation to the practicality of using a property chimney, or chimneys.
The assessor will advise the client of their opinion of the energy compliance rating of the property in the form of an certificate or report, and will perform the survey and calculations work as is reasonable in their professional judgement, bearing in mind the physical and practical limitations imposed by the specific circumstances of the building at the time of the survey
The assessor will not perform any tests of the following service installations without prior specific instructions: Gas, water, electricity, central heating
The assessor will only be visually inspecting energy-related systems/building services (i.e. no performance or efficiency inspections will be carried out unless it is on ACI survey (TM44)) Thus the report will only provide general comments on the latter systems
The assessor will give his professional opinion, provided however that any liability of the assessor arising in connection with these conditions of engagement, or any matters arising during, or after, the survey shall not extend to economic loss or loss of profits suffered whether by client or any third party
Disputes that arise between the client and the assessor in relation with these conditions of engagement, or in connection with any matters arising there from, shall be referred to, and determined by, a single arbitrator:- such arbitration to be held in the Royal County of East Sussex, England
The appointment of the arbitrator will be in agreement between both parties, or in default of agreement; the ABBE
Both parties will agree on the arbitration procedures or, in default agreement, shall be determined by the arbitrator. But in all cases the law and practice is to be followed by determining the dispute which shall adhere to the law and practice of the United Kingdom
In the event of an arbitration appeal from the decision of the arbitrator by either of the parties such appeal and any subsequent appeals shall be heard by the courts of the United Kingdom. In such event each party agrees to submit to the jurisdiction of any court or competent jurisdiction within the United Kingdom and to comply with all requirements necessary to give such court jurisdiction. No court outside the United Kingdom shall have any jurisdiction over any matter touched by this agreement
In the event either of the parties default in respect of any procedural order made by the arbitrator, the arbitrator shall have the power to proceed with the arbitration in the absence of the party and to deliver his award
If applicable, the assessor’s opinion in the report is as per date of inspection. This is unless otherwise agreed, the assessment advice and certification process assumes the following:
The property is unaffected by any statutory notice that neither the property, not its use or proposed use, gives rise to a contravention of any statutory requirements. Notably, the assessor is under no duty to validate these assumptions
All assessors have their own appropriate accreditation bodies and professional indemnity insurance in place.
The report produced by the assessor is confidential to the client for the specific purpose to which it refers. However, it may be disclosed to other professional advisor(s) assisting the client in respect of that purpose, but the client shall not disclose the report to any other person
In relation to the estimated savings or cost expressed in the report; the client is to be aware that they are for guidance purposes only, and should not be taken to be a quotation, nor estimate, and should be substantiated prior to exchange of contracts by proper competitive quotations or estimates
The client agrees to pay UK Building Assessments, in respect of their services, a fee as agreed. The due date for payment of invoices shall be the date of issue of the invoice and the final date for payment by you shall be 28 days following the due date. Any amount properly due under this appointment which is not paid by the final date for payment shall carry interest at the rate of 5% above the base rate from time to time of the Bank of England until paid.
It is our policy to require payment prior to the issue of the compliance certificate or report. For every certificates as evidence that the EPC modelling and lodgement onto the Landmark Database has been carried out we will issue an unofficial draft EPC. The final EPC and report will be issued upon receipt of payment and clearance from the Landmark register
If the nature and scope of the Project or the Services is materially altered in accordance with your requirements, a fair and reasonable adjustment to the Fee (and a consequential adjustment to the installments referred to in paragraph 2.1) shall be agreed between us to reflect any substantial increase or decrease in the work required to be carried out by us resulting from the alteration.
The Services are to be performed in accordance with the programme agreed between us from time to time, unless we are prevented from doing so for reasons beyond our control. We shall at all times keep us properly informed on the progress and performance of the Services.
We grant to you an irrevocable royalty-free non-exclusive license to copy and use all drawings, details, plans, specifications, reports and other documents which have been or are produced by us or on our behalf and to reproduce the designs and content of them for any purpose in connection with or related to the Project. If at any time you are in default of payment of any fees or other amounts properly due, we may suspend further use of the license on giving seven days’ notice of the intention of doing so. Use of the license may be resumed on receipt of such outstanding amounts. We shall provide to you on completion of the Services (or, if earlier, on the termination of this appointment) copies of all documents referred to in this paragraph. We shall not be liable to you or any sub-licensee for any use of the documents referred to in this paragraph 3.4 for any purpose other than that for which the same was prepared or provided by us.
Neither party may assign or transfer any right or obligation in relation to this appointment without the other party’s prior written consent (such consent not to be unreasonably withheld or delayed). We will not, without your prior written consent (such consent not to be unreasonably withheld or delayed), sub-contract to any person the performance of any of the Services.
Without affecting paragraph 3.9, our liability under or in connection with this appointment, however that liability arises (including, without limitation, a liability arising by breach of contract, arising by tort, or arising by breach of statutory duty), our maximum aggregate liability to you for any cause whatsoever shall be direct costs and damages only and will be limited to a sum equivalent to 125% of the services fee paid and payable by you in respect of the contract that is the subject of your claim. This is provided that this paragraph 3.8 shall not exclude or limit any liability for death or personal injury caused by our negligence. Our liability under this appointment shall not exceed the amount recoverable by us under our professional indemnity insurance.
Our liability to you under this appointment shall be limited to the proportion of your loss and damage that it would be just and equitable to require us to pay, having regard to the extent of our responsibility for that loss and damage, on the assumptions that the other consultants appointed in connection with the Project have paid to you the proportion of your loss and damage that it would be just and equitable to require them to pay, having regard to the extent of their responsibility for that loss and damage.
It is not intended that any third party should have the right to enforce any term of this appointment pursuant to the Contracts (Rights of Third Parties) Act 1999.
No action or proceedings for any breach of this appointment shall be commenced against us after the expiry of 6 years from the completion of our Services.