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Terms and Conditions
Standard Terms of Business
Your completion of the on-line ordering process or by ordering via telephone, fax, post or email and/or agreement to pay for an Energy Performance Certificate creates a binding agreement with us and it is important that you read and understand our terms and conditions before making an order.
If you have any queries you should contact Energy Cert Scotland. Energy Cert Scotland reserves the right to amend this agreement from time to time and new versions of this agreement will be posted on the Energy Cert Scotland web site.
These are the Terms and Conditions of the Agreement that you are deemed to accept when ordering an Energy Performance Certificate or any other services from Energy Cert Scotland.
This Agreement is made between the person, firm, company or other party ordering an Energy Performance Certificate or any other services (the "Customer" "you" or "your") and Energy Cert Scotland ("we" "us" or "our"). The date of this Agreement is deemed to be the date of the order of the Energy Performance Certificate or any other service.
1.0 Definitions and Interpretation
1.1 The following words will have the meanings ascribed to them:
When payment is being made to us by the Seller, they are the "Customer" under the terms of this agreement.
When payment is being made to us by the Estate Agent or other agent, they are the "Customer" under the terms of this agreement.
"EPC" means the Energy Performance Certificate you are ordering from us through our online website facility.
"Property" means the property for which the EPC or any other services is being provided.
"Working Day" means Mondays to Fridays except for public holidays.
"Order" means your completion of our on-line ordering process or by ordering via telephone, fax, post or email and/or agreement to pay for us to provide you with an EPC and/or any other additional service for you or the property.
"Report" and "Third Party Report" means any report(s) you have asked us to deliver to you within the EPC as detailed in the order.
"Services" means our compiling and delivery of the reports and EPC and/or any other additional service.
"Required Information" means all the necessary information we require from the customer to complete an EPC for the property.
1.2 Headings used in this Agreement are for convenience only and shall not affect their interpretation.
2.0 Your Obligations
2.1 You will provide us with the Required Information.
2.2 You will at your expense provide all such information and co-operation as is reasonably required to enable us to provide the services. This shall include giving clear and safe access to all of the Premises, and ensuring that it is safe for the Energy Assessor to conduct the required survey.
2.3 You will ensure not to leave any child under the age of 16 alone to supervise the EPC assessment.
2.4 If there is any conflict between a provision of any Third Party Reports relating to your permitted use of the Reports and the corresponding provisions in the terms of this agreement, the provisions of the Reports will prevail.
3.0 Our Obligations
3.1 We reserve the right to reject an order and if not rejected we may refuse to provide the services at any time without giving any reason, in which circumstances a proportional refund of any payment would be made. Each order if not rejected by us will constitute a separate and severable agreement.
3.2 We will use our reasonable endeavours to ensure that the information contained within any report is accurate at the date of its publication. You accept, however, that information on which any report is based may be subject to change from the date of its publication and we cannot be held liable for failing to include or omit any information in the report which becomes available after the date of publication.
3.3 Any indication that we may give as to the time in which we will deliver the reports will be a good faith estimate only. We will use all reasonable endeavours to deliver the reports within the time-scale that we have estimated.
3.4 Subject to anything else contained within the terms of this agreement, all other warranties, conditions, terms, undertakings and obligations, whether express or implied are expressly excluded.
3.5 We will begin compiling or actioning the EPC or any other service that is being provided for the property or for you in accordance with your order immediately upon the placement of your order.
3.6 A full EPC for a property will usually be produced within 5 Working Days although this is not guaranteed.
3.7 An EPC shall consist of an assessment of the Premises by the Energy Assessor and subsequent submission of an EPC. The Energy Assessor will not provide a survey, condition report or property valuation. Any additional services will be dealt with by a separate contract. The Energy Assessor will undertake a visual assessment and will not look at parts of the Premises which are covered, unexposed or inaccessible. The Energy Assessor will not pull up carpets or floor boards, or test the services within the Premises. Lofts will only be visually inspected if it is safe to do so, access is within 3 metres of floor level and it will not damage the Premises.
3.8 When you place an order with us, we will send you an email confirming receipt of your order.
4.0 Confidentiality and Data Protection
All personal information relating to the EPC, will be treated as private and confidential by both parties, and will not be disclosed to any other parties without written consent.
Both parties shall comply with their obligations under the Data Protection Act 1998. The client will be entitled to see any of their Personal Data held by us or the Energy Assessor.
You will still be charged 100% of the total fee if:
• You cancel your appointment within 24 hours of any appointment.
• The Assessor cannot gain entry to undertake the inspection
• You cancel after the inspection has taken place but before the certificate is issued
Any deposit paid for remedial work will be used to purchase materials to carry out the work. If you subsequently cancel the work, we will not be liable to refund the deposit paid.
6.0 Intellectual Property Rights
6.1 Any and all intellectual property rights in the EPC shall vest in us and remain our property. We disclaim all proprietary rights including, without limitation, intellectual property rights in third party reports.
6.2 You will not acquire or attempt to register any intellectual property rights in any reports whether on your own behalf or on behalf of anyone else. You further agree not to use the reports in whole or part other than as is expressly permitted by the terms of this agreement.
7.0 Limitation of Liability
7.1 We cannot accept any liability for any error in a Report which is based on any error or inaccuracy in a public register. Nor will we be liable for any information contained within a Report which is based on information that we have obtained from a third party.
7.2 We cannot accept any responsibility for any inaccuracy or error in the EPC or any other service that is based on incomplete or inaccurate information provided in the order.
8.0 Force Majeure
8.1 Except for any payment obligation imposed on the Client, neither party will be liable for a delay in performing, or for a failure to perform, obligations if that delay or failure is caused by circumstances beyond the reasonable control of that party including errors caused by the government approved software program used by the Energy Assessor to make the EPC assessment.
9.1 If at any time any one or more of the terms of this Agreement are held to be unenforceable, illegal or otherwise invalid in any respect such unenforceability, illegality or invalidity shall not affect the remaining terms of this Agreement which shall remain in full force and effect.
9.2 Any failure by us to enforce a breach of the terms of this Agreement by you will not be deemed to be a waiver of any subsequent breach of the terms of this Agreement that you make.
9.3 These terms and conditions shall be governed by and construed in accordance with the laws of Scotland. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Scotland.
10.0 Complaints Procedure
10.1 We operate a formal Complaints Handling Procedure (CHP). In the first instance complaints should be submitted in writing addressed to The Director, Energy Cert Scotland, First Floor, 75 Kilbowie Road, Clydebank, G81 1BL.
10.2 An acknowledgement will be sent to the complainant in writing within 5 working days of receipt of the complaint.
10.3 A full response (or if this is not possible, an update) regarding the complaint will be sent to the complainant within 28 days of issue of the acknowledgement.
10.4 If you are dissatisfied with the response from the company you have the right to refer your complaint to our Independent Redress Scheme. Details of this can be obtained from Energy Cert Scotland.
11.0 Use of Energy Cert Scotland Website
We reserve the right to amend, change or remove any part of this website without notice, and no liability can be accepted as a result of so doing. We retain the right to refuse access to this website.
All trademarks, logotypes, images and written content on this website are the property of Energy Cert Scotland, its trading partners or other parties and/or individuals. Use of these is not permitted under any circumstances without prior written consent of Survey Scotland, its trading partners or other parties and/or individuals who may own them. Neither is it permitted to copy, distribute, publish, modify, display or sell any of the content of this website for any purpose.
Energy Cert Scotland does not accept liability for any material on this website which has been accepted and utilised in good faith from third parties. We also do not accept any responsibility for the content of other websites, files or information that may be linked to this website. Neither does a link to any third party information constitute an endorsement on the part of Energy Cert Scotland.
All material transmitted via this website, or received from other parties shall be legal, truthful and honest, will not be deemed offensive or harmful, and will not be in any way contrary to existing acts, laws and legislation locally, nationally or internationally. Users of this website agree to be bound by the acts, laws and legislation of the United Kingdom and individual countries therein without contradiction.
12.0 Delivery Policy
Your report, whether that be an EPC, Legionella Risk Assessment, PAT test or an EICR will be sent to you by email and uploaded to our website once you have successfully made a payment. Payment is due on the date of your appointment. Any late payments will delay receival of documents.
We aim to send your documents to you within 5 working days after the inspection has taken place.
Any indication that we may give as to the time in which we will deliver the reports will be a good faith estimate only. We will always try our best to stick to the time-scale that we have estimated although it can not always be ensured.
13.0 Refunds Policy
Refunds will be given to clients when errors occur at the point of transaction, for example over-charging of credit cards or mistakes at the point of submitted details.
All refunds will be processed within 30 days of receiving your written notification to cancel. Refunds can be made by BACS, cheque or any other method at our discretion.