ENERGY PERFORMANCE CERTIFICATE (EPC) AGREEMENT, TERMS AND CONDITIONS
In this agreement, the following definitions shall apply
(a) The Property: the property in respect of which an EPC is being provided
(b) EPC: An Energy Performance Certiticate
(c) Fee: the amount that you are charged for the production of an EPC
(d) ‘We’, ‘Us’, ‘Our’: Will refer to Berkshire HIP (a trading name of IDK Global Ltd)
(e) 'You', 'They', 'Customer': Will refer to the person instructing us to provide and EPC and/or any agent or appointed representative.
Terms and Conditions for the production of an Energy Performance Certificate (EPC)
1. In these terms, 'EPC' means Energy Performance Certificate, the requirements for which are detailed in The Energy Performance of Buildings legislation (2007).
2. We shall deliver to the customer an electronic EPC following receipt (in cleared funds) of the applicable fees notified to the customer. (a) Our standard payment terms are 7 days unless indicated otherwise by us in writing. (b) We reserve the right to charge late payment fees, interest and any other associated costs with debt recovering as applicable in law. (c) We reserve the right employ third parties in pursuing any non payment of fees and/or selling any debt.
3. You have a cooling-off period in which you can withdraw from the contract for any reason, subject to the provisions below. Accept our Terms and Conditions is a condition of the acceptance of our service. If you wish to cancel your order you must notify us within the prescribed period by e-mail and/or letter by post.
a) We adhere to The Consumer Protection (Distance Selling) Regulations 2000 regarding the protection of consumers in respect of distance contracts. Through this regulation, customers in the EU have the statutory right to withdraw from the purchase of a service from our web site within fourteen working days of making a payment. This is known as the cooling off period. Where we have provided services before the usual fourteen working days cooling off period expires, the customer loses the right to cancel under the terms of The Consumer Protection (Distance Selling) Regulations 2000.
b) Contracts cancelled by you within the cooling-off period will be refunded in full, excluding any costs incurred on your behalf in initiating the service you have ordered.
c) Any cancellations or refunds outside the conditions above will be at our discretion.
d) If you exercise your right to cancel a contract we reserve the right to charge you for any work undertaken in producing an EPC, part complete EPC, claculations and any site visits undertaken prior to the date of cancellation of the contract.
4. The customer acknowledges that they have no right to cancel an order for an EPC once the EPC has been produced or is waiting to be produced (waiting on payment of fees). In addition, any fees paid by the customer to us at this point are non-refundable.
5. Customer acknowledges that we may be dependent upon the customer and any third parties to supply documentary evidence for any matters pertaining to the building fabric which can not be visually inspected. Failure to provide such documents may result in default assumptions being made for the property which may not neccessarily reflect the actual building fabric. Should no documentary evidence be supplied to us, we accept no responsibility for any omission or assumption made by us in the production of an EPC. We shall be responsible for the producing a legal compliant EPC, however we accept no responsibility for any decision made by the customer or any third party in reliance on an EPC produced by us.
6. We do not exclude or limit our liability to the customer for (a) death or personal injury caused by any negligent act or omission; or (b) fraudulent misrepresentation on the part of us or our employees.
7. We shall not be liable for any delay in performing or failure to perform any of our obligations under these terms caused by any event outside our reasonable control (including the failure of any third party to supply any information required to produce an accurate EPC).
8. Other than as expressly set forth in these terms, all EPC are provided on an ''as is'' basis. To the fullest extent permissible by law, other than as expressly set forth herein, we do not make any warranties, representations or endorsements whatsoever with regard to the EPC, all warranties, terms and conditions that would, but for this paragraph 8, be implied into these terms are hereby excluded.
9. Our only liability to the customer, whether based in contract, tort (including liability for negligence), arising from statute or otherwise, for all matters arising under this agreement shall be the replacement of defective EPC where that defect was solely caused by an act or omission of us.
10. In no event shall we be liable to the customer under these terms for any of the following types of loss, whether arising in contract, tort (including liability for negligence), under statue or otherwise: (a) loss of business; (b) loss of revenue; (c) loss of profits; (d) loss of anticipated savings; wasted expenditure; (e) loss of goodwill; (f) corruption or destruction of data; or (g) any indirect or consequential loss, including any indirect or consequential loss of the types referred to in this paragraph 10. In no event shall customer raise any claim under these terms more than two years after the discovery of the circumstances giving rise to such claim.
11. Paragraphs 5-10 set out our entire financial liability under this agreement (including any liability for the acts and omissions of its employees, agents and sub-contractors) to customer.
12. A person who is not a party to these terms shall have no right under the contracts (Rights of Third Parties) Act 1999 to enforce these terms but this shall not affect any rights or remedy of a third party which exists or is available apart from that act.
13. These terms shall be governed by and constructed in accordance with the laws of England and Wales and the parties hereby irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.