These terms and conditions of business represent the agreement between (the party) for non-exclusive engagement of the services offered by EnCert Limited. No variation of these terms shall be made without mutual consent of both Parties.
It is important that the Client reads and fully understands this document as it establishes the working relationship between the Parties. The Client is encouraged at any time to seek clarification on any matter contained in this document by contacting EnCert Limited.
Definitions
1. “EnCert Limited” shall mean the Limited company, based at 7 New Street, Ledbury, Herefordshire, HR8 2DX
2. “Client” shall mean the individual person or corporate entity that engages EnCert Limited to provide SAP Ratings, Predicted Energy Assessments, On construction Energy Performance Certificates, Domestic Energy Performance Certificates, Non-domestic Energy Performance Certificates, Home Information Packs, video presentations, floor plans, lease plans, inventories, searches, air conditioning surveys, asbestos surveys, Display Energy Certificates, and Fire Risk Assessments either on their own behalf or on behalf of an identified third party subject to these terms of business.
3. “Agreement” shall mean the contracted engagement by the Client of the services offered by EnCert limited pertaining to the provision of SAP Ratings, Predicted Energy Assessments, On construction Energy Performance Certificates, Domestic Energy Performance Certificates, Non-domestic Energy Performance Certificates, Home Information Packs, video presentations, floor plans, lease plans, inventories, searches, air conditioning surveys, asbestos surveys, Display Energy Certificates, and Fire Risk Assessments subject to these terms and conditions.
4. “Property” shall mean the property for which the SAP Ratings, Predicted Energy Assessments, On construction Energy Performance Certificates, Domestic Energy Performance Certificates, Non-domestic Energy Performance Certificates, Home Information Packs, video presentations, floor plans, lease plans, inventories, searches, air conditioning surveys, asbestos surveys, Display Energy Certificates, and Fire Risk Assessments is produced.
5. “Energy Assessment” shall mean the process of obtaining information at the Property necessary for the production of an EPC.
6. “Third Party” shall mean any individual person or corporate entity made party to the engagement of EnCert Limited by the Client as detailed above and including but not limited to an estate agent, solicitor, conveyancer, search provider, any third party being similarly subject to these terms of business upon being made party to the engagement of EnCert Limited by the Client.
7. “Fees” shall mean the professional fees of EnCert Limited as detailed in writing or in person at any time for any service provided therein.
8. “Certification Scheme” shall mean a body approved by the DCLG to certify and license Domestic Energy Assessors
under the provisions of the Housing Act 2004.
9. “Engagement” shall mean the request by the Client, on its own behalf or on behalf of any Third Party, made to EnCert Limited to engage the services of EnCert Limited as defined herein and subject to acceptance by the Client of these terms of business. Such acceptance shall be considered as so confirmed by any request, query or any other correspondence to EnCert Limited from the Client, or any relevant Third Party detailed by the Client, pertaining to any particular service following receipt, via any written or verbal medium, of these Terms of Business.
Engagement
10. Immediately upon the Client’s engagement of EnCert Limited to produce an SAP Ratings, Predicted Energy Assessments, On construction Energy Performance Certificates, Domestic Energy Performance Certificates, Non-domestic Energy Performance Certificates, Home Information Packs, video presentations, floor plans, lease plans, inventories, searches, air conditioning surveys, asbestos surveys, Display Energy Certificates, and Fire Risk Assessments the Client agrees to the terms of this agreement and further the Client agrees and accepts that EnCert Limited is under no obligation to commence or undertake any work in respect of that SAP Ratings, Predicted Energy Assessments, On construction Energy Performance Certificates, Domestic Energy Performance Certificates, Non-domestic Energy Performance Certificates, Home Information Packs, video presentations, floor plans, lease plans, inventories, searches, air conditioning surveys, asbestos surveys, Display Energy Certificates, and Fire Risk Assessments until such requested initial information and/or data has been received and passed as satisfactory by EnCert Limited. EnCert Limited will provide the required SAP Ratings, Predicted Energy Assessments, On construction Energy Performance Certificates, Domestic Energy Performance Certificates, Non-domestic Energy Performance Certificates, Home Information Packs, video presentations, floor plans, lease plans, inventories, searches, air conditioning surveys, asbestos surveys, Display Energy Certificates, and Fire Risk Assessments for the Client. In the interests of clarity, acceptance of these Terms of Business is required only once from the Client and any subsequent communication by the Client to EnCert Limited pertaining to any application will be similarly binding upon the Client.
11. The Client agrees, upon engagement of EnCert Limited, to provide any data as may be reasonably requested by EnCert Limited for producing SAP Ratings, Predicted Energy Assessments, On construction Energy Performance Certificates, Domestic Energy Performance Certificates, Non-domestic Energy Performance Certificates, Home Information Packs, video presentations, floor plans, lease plans, inventories, searches, air conditioning surveys, asbestos surveys, Display Energy Certificates, and Fire Risk Assessments and to make any third party aware of its similar obligations to do so.
12. The Client agrees that any information or documentation provided to EnCert Limited pursuant to Clause 11 above shall be true and accurate. Further the Client hereby indemnifies EnCert Limited for any loss or damage EnCert Limited may suffer directly or indirectly as a result of the Client”s breach of this Clause 12 such loss or damage including but not being limited to the legal costs of defending any civil claim or criminal penalty against EnCert Limited arising from the Client”s breach hereof.
13. The Client agrees that EnCert Limited may use the services of another local Energy Assessor, or third party, suitably qualified, accredited and insured, to produce SAP Ratings, Predicted Energy Assessments, On construction Energy Performance Certificates, Domestic Energy Performance Certificates, Non-domestic Energy Performance Certificates, Home Information Packs, video presentations, floor plans, lease plans, inventories, searches, air conditioning surveys, asbestos surveys, Display Energy Certificates, and Fire Risk Assessments on behalf of EnCert Limited, as and when necessary.
14(i) The Client accepts that EnCert Limited charges fees for its services. Such fees will have been clearly identified to the Client.
14(ii) Any time or work undertaken to pursue or retrieve any fees due to EnCert Limited shall represent billable time based upon EnCert Limited’s rate of £50 per hour and subject to this Clause 14.
15. It is accepted by the Client that upon engagement EnCert Limited shall have already delivered services in part to the Client, and there shall be no standard “cooling off” period or cancellation of services at this point, such condition to have been made clear to the Client in prior communications from EnCert Limited including but not limited to delivery of these terms of business. At no time shall the Client hold legitimate claim against EnCert Limited under the conditions in this clause 15.
16. The Client accepts that where EnCert Limited offers any terms of deferred payment or payment in abeyance, these offers are subject to the Client following the advice and due processes of EnCert Limited.
17. EnCert Limited will reschedule an appointment for an Energy Assessment that is cancelled through no fault of EnCert Limited. The Client agrees that EnCert Limited reserves the right to refuse the instructions for a SAP Ratings, Predicted Energy Assessments, On construction Energy Performance Certificates, Domestic Energy Performance Certificates, Non-domestic Energy Performance Certificates, Home Information Packs, video presentations, floor plans, lease plans, inventories, searches, air conditioning surveys, asbestos surveys, Display Energy Certificates, and Fire Risk Assessments upon a second such cancellation.
Fees and Payment
18. Whilst EnCert Limited may offer SAP Ratings, Predicted Energy Assessments, On construction Energy Performance Certificates, Domestic Energy Performance Certificates, Non-domestic Energy Performance Certificates, Home Information Packs, video presentations, floor plans, lease plans, inventories, searches, air conditioning surveys, asbestos surveys, Display Energy Certificates, and Fire Risk Assessments for reduced fees in some cases, this is at EnCert Limited’s absolute discretion, and this service may be withdrawn at any time and for any reason. EnCert Limited will give the Client due notice of EnCert Limited’s intention to stop providing SAP Ratings, Predicted Energy Assessments, On construction Energy Performance Certificates, Domestic Energy Performance Certificates, Non-domestic Energy Performance Certificates, Home Information Packs, video presentations, floor plans, lease plans, inventories, searches, air conditioning surveys, asbestos surveys, Display Energy Certificates, and Fire Risk Assessments at reduced rates and clarify any charges that may apply in its stead.
19. Payment and method of payment of EnCert Limited s’ fees and any other relevant remuneration under this Agreement shall survive the termination of this Agreement.
20. The Client agrees to pay to EnCert Limited such fees as are detailed to the Client for the provision of SAP Ratings, Predicted Energy Assessments, On construction Energy Performance Certificates, Domestic Energy Performance Certificates, Non-domestic Energy Performance Certificates, Home Information Packs, video presentations, floor plans, lease plans, inventories, searches, air conditioning surveys, asbestos surveys, Display Energy Certificates, and Fire Risk Assessments.
21. Clients agree to pay any fees due within 21 days following the date that the Client receives the monthly invoice for services provided in that month.
22. Any delay or other default of any such payment shall incur interest at the rate of 5% above the base rate of NatWest plc. Cancellation of an assessment must be received 24 hours before the scheduled assessment. Cancellations that are received by EnCert Limited with less than 24 hours notice will incur the full fee associated with the assessment.
23. As and when any relevant Government authorities or other bodies amend their fees or charges, EnCert Limited reserves the right to in turn amend such charges to the Client irrespective of any quotes undertaken by EnCert Limited prior to or upon engagement by the Client. Such charges are in addition to fees and charges stated herein.
24. From time to time, discounts may be offered including but not limited to repeat business. In no way does any discount qualify or guarantee the Client future or indefinite discounts save for the terms of this Agreement. Quoted discounts shall be honoured by EnCert Limited only once written agreement has been received and both engagement and ongoing or balance fees are paid by the Client as detailed herein.
25. The Client undertakes not to withhold any payment due to EnCert Limited arising out of any service hereunder on any grounds, including the existence of any dispute between the Client and EnCert Limited or any other party regarding an application or any other matter.
Insurance
26. EnCert Limited have Professional Indemnity cover of £2,000,000 for each claim. Employers liability £10,000,000. Public/Product Liability £2,000,000.
Liability
27. EnCert Limited recognises the Client’s statutory rights. EnCert Limited shall not be liable for any loss or damage of any description whatsoever arising from the delay in the production of SAP Ratings, Predicted Energy Assessments, On construction Energy Performance Certificates, Domestic Energy Performance Certificates, Non-domestic Energy Performance Certificates, Home Information Packs, video presentations, floor plans, lease plans, inventories, searches, air conditioning surveys, asbestos surveys, Display Energy Certificates, and Fire Risk Assessments arising from any third party action.
28. In any event EnCert Limited’s liability shall be limited to the amount of our Fees received by EnCert Limited in respect of any SAP Ratings, Predicted Energy Assessments, On construction Energy Performance Certificates, Domestic Energy Performance Certificates, Non-domestic Energy Performance Certificates, Home Information Packs, video presentations, floor plans, lease plans, inventories, searches, air conditioning surveys, asbestos surveys, Display Energy Certificates, and Fire Risk Assessments from which such liability may arise.
29. EnCert Limited shall not be liable for any loss or damage whatsoever that the Client may suffer as a result of EnCert Limited being unable to fulfil any of it’s obligations herein due to the occurrence of an event of force majeure, which term shall include but is not limited to legislative and regulatory acts of government, armed conflict, civil insurrection, strike, lockout, computer failure, failure of power supplies, earthquake, typhoon, tidal wave, and Acts of God.
General
30. It is accepted by the Client that, where there is any third party involvement outside the control of EnCert Limited, such as any Government of regulatory body, the performance in time of EnCert Limited’s obligations hereunder may in turn be affected by that third party’s timekeeping. In the interests of clarity this means that EnCert Limited will make best endeavours to perform its obligations in a timely manner but cannot be held responsible for any delays caused or time taken by third parties.
31. The Client here warrants that any engagement duly authorised as detailed herein by individuals employed by the Client shall be considered legitimately so and fully empowered by their respective companies. At no time shall this Agreement be disputed on the grounds that such individuals are not or should not be seen to be authorised by their respective companies to do so.
32. This Agreement shall terminate immediately upon any material breach of its terms without remedy within 14 days by EnCert Limited or the Client or any Third Party. The provisions of this Agreement concerning remuneration and limitations of liability shall survive its termination.
33. Any notices to be served hereunder may be served upon EnCert Limited at 7 New Street, Ledbury, Herefordshire, HR8 2DX, and any notices to be served upon the Client or any Third Party may be served upon those parties at the last address notified by them to EnCert Limited as being their places of business or address for service, service being deemed to have been effected 7 days after posting by inland post, 14 days after posting from outside the United Kingdom, or 2 days after transmission by facsimile or email.
34. Neither this Agreement nor any rights or obligations hereunder shall be assigned or otherwise transferred by the Client without the prior written consent of EnCert Limited.
35. The unenforceability of any part hereof shall not affect the enforceability of the balance hereof.
36. These terms and conditions are governed by the laws of England & Wales and the forum for the resolution of any disputes arising howsoever here from shall be the High Court of Justice, Strand, London, England.