Home Terms and Conditions

Terms and Conditions

1. The service consists of a non-invasive inspection of a property by a fully accredited inspector and the subsequent preparation of an Energy Performance Certificate (EPC). The EPC is placed on the national register as a statutory requirement. An EPC is not valid until it has been entered onto this register and has been allocated a Report Reference Number (RRN). This is called the lodgement. Lodgement fees include the fee paid to the Government for this along with additional fees paid to the Accrediting Bodies and the software license of producing each certificate. These fees are included with each quote.
2. Only a fully qualified and accredited assessor will produce the EPC. The assessor is bound to produce EPCs in line with national and European legislation, regulations made under that legislation, and the National Occupational Standards for assessors. 
3. The Client will provide the assessor with any property details which may be available from the agent or other sources prior to the inspection. In preparing the EPC the assessor is entitled to rely on the information provided but is not bound by it.
4. BEFORE SITE SURVEY. As mentioned above, once lodged, an Energy Performance Certificate (EPC) is a legal document and cannot be changed. We take every effort to ascertain the most accurate information regarding building fabric, systems and controls when preparing any legal document. Any information which you may have in relation to the building Fabric including insulation levels, Heating &/or Cooling details, Log Books, Asset List, Certificates for renewables (PV, Solar, RHI), Lighting design specifications, Air Pressure tests etc should be available for the assessor on the day of the site visit (if not before). If the above information is not available, ‘defaulted’ values will then be applied where necessary. Additional information provided by clients or their representative after the survey will not be included within the lodged EPC and additional charges will apply if a new EPC is required. We do however offer a ‘draft’ EPC service for various situations, if this is required then please notify us before the site survey.
5. Part L / SAP / BRUKL Compliance. EPC quotations do not include Part L / SAP / BRUKL compliance for the purposes of Building Control Officers i.e. Parts L1A, L1B, L2A and L2B. If this is required you need to make sure we are aware before accepting any quote otherwise you will still be liable for the original EPC cost. A lodged EPC for Part L will not be sufficient for Building Control Officer(s).
6. The assessor will undertake a methodical visual inspection of all relevant parts of the property, take accurate measurements, obtain all necessary information including photographs, make any necessary further investigations and make appropriate records of inspection, all such information being consistent with the need to collect all necessary data for software entry and subsequent recommendation requirements. These records will remain in the ownership of the assessor. The assessor will not be responsible for any errors caused as a result of deficiency, failings in the software or updates as a result of National Calculation Methodology (NCM).
7. The inspection will not cause any significant permanent marking, damage, harm or injury to the building fabric, even if the occupier gives verbal permission to do so during the inspection. The assessor will not look at parts of the premises that are covered, unexposed or inaccessible.  Roofs, lofts and basements will only be visually inspected if it is safe to do so and it will not damage the premises. The premises will only be inspected from within its curtilage, or from public open space and footpaths.
8. The assessor will use all reasonable care during the inspection but will not be responsible for any damage or injury alleged to have been caused during the visit unless it can be shown to have been caused by his negligence or malicious conduct.
9. The assessor will not proceed with the inspection of the property if, on arrival at the property, he concludes that it is of a type of construction of which he has insufficient specialist knowledge to undertake the inspection satisfactorily; the property is one that is excluded or is unsafe to enter; he will be putting himself or others at risk of harm by proceeding with the inspection.
10. The Client will inform the assessor of any health and safety issues in the property before he commences the inspection, in particular of the presence of asbestos or any other hazardous substances.
11. The assessor will comply with the requirements of the Health and Safety at Work Regulations.
12. The assessor must terminate the agreement if there is a conflict of interest or if the premises are outside the scope of the software requirements.
13. The NDEA will advise the client when the EPC is ready to be lodged at which point the client will be invoiced in full. Upon payment of the invoice, the EPC will be lodged and copies sent by email with copies to the agent (if one is appointed). In any event the client agrees to pay the fee and any other charges agreed in writing within 7 days of the invoice date.
14. The agreed fee is based upon the information provided by the Client; the assessor reserves the right to alter the fee without notice if he finds the property to be significantly different in type or description.
15. In order to keep costs down the documents are delivered as e-mail attachments. If required, printed copies can be delivered to the Client at a cost of £15 each excluding VAT. NOTE: The EPC will not be released until payment has been received.
16. You can postpone a commission at any time up to 24 hours before the visit to the property without cost. Cancellation or postponement of a job for any reason after 9am of the day prior to the inspection will incur 50% of the Fees payable to the assessor.
17. On arrival at the property it is apparent that an EPC will not be required, a charge of 50% of the agreed fee will be made subject to our minimum fee of £200 excluding VAT. An explanation will be provided detailing our reasons with reference to the requirements of the current regulations.
18. In the case of cancellation by the assessor, the reason will be explained to the Client.
19. The EPC provided is solely for the use of the Client and the Client's professional advisers and no liability to anyone else is accepted. Should the Client not act upon the recommendations contained in the EPC, no responsibility is accepted for the consequences.
20. Any information recorded is used specifically for the purpose of providing an EPC for the Client. All data is recorded/stored in strict compliance with the Data Protection Act 1998.
21. Terms of payment are strictly 7 days from the date of invoice. We reserve the right to charge interest based on 8% per month on outstanding debts. Compensation for debt recovery costs may also be charged. In the event that invoices remain unpaid we also reserve the right to instruct Landmark to withdraw the EPC from the database.
22. For legal reasons, we will assume that you have read and agreed to all the terms and conditions before the quotation has been accepted. If this is not the case, please inform us.

Complaints Procedure

The assessor will provide a high level of customer care at all times. However if you have a complaint, the assessor will seek to resolve any initial complaint by telephone, e-mail or in person as quickly as possible. Should the Client be unhappy with this response, they should request a copy of the assessor’s complaints procedure and write to the assessor setting out full details of the complaint within 7 days. The assessor will normally respond within 21 days to allow for holiday periods. If the dispute still cannot be resolved the matter can be escalated to the assessor's Accreditation Scheme, details of which are on the EPC and can also be found on LandMark website. Using the assessor's complaints handling procedure will not affect the Client's legal rights.

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