Trading
Terms and Conditions
These terms and
conditions apply to all contracts for the supply of services by the
company to the client, including all Green Deal
assessments. These terms and conditions of business represent the
agreement between you the client and Manchester Domestic Energy
Assessors. (MDEA) No variation of these terms shall be made without
mutual consent of both parties.
It is important that the
client reads and fully understands the Terms and Conditions as it
establishes the working relationship between the both parties. The
client is encouraged to seek clarification on any matter contained
within the Terms and Conditions by contacting Manchester Domestic
Energy Assessors.
Terms of engagement
1.1 Before commencement
of the service the Company will submit to the client a Service
Specification, which will specify the services to be undertaken.
1.2 The Company will
submit a quote for the services prior to assessment taking place, by
accepting the quote the Client agrees to these Terms and Conditions,
detailed herein.
1.3 The date and time of
assessment will be agreed and confirmed in writing before the
assessment commences.
1.4 The Company may
request certain information, in relation to the property in the form of
a 'Sellers Questionaire' prior to the assessment, until such requested
initial information and / or data has been received The Company is
under no obligation to commence or undertake any work in respect of
that Energy Performance Certificate (EPC).
1.5 The Client agrees to
provide any such information and / or data as may be reasonably
requested by The Company for the purposes of producing an EPC, and to
make any third party aware of its similar obligations to do so, and
that any information or documentation provided to MDEA shall be true
and accurate. Further the Client hereby indemnifies MDEA for any such
loss or damage MDEA may suffer directly or indirectly as a result of
the Client's breach of this clause (1.5), such loss or damage not being
limited to the legal costs of defending any civil claim or criminal
penalty against MDEA arising from the Client's breach hereof.
1.6 Any time or costs
undertaken to pursue or retrieve any fees due to MDEA will be passed on
directly to the Client or relevant third party.
1.7 It is accepted by the
Client that upon engagement MDEA have already delivered services in
part to the Client, and there shall be no standard 'cooling off' period
or cancellation of services without charge at this point.
1.8 MDEA will reschedule
an appointment for an Energy Assessment that is cancelled through no
fault of MDEA. The Client agrees that MDEA reserves the right to refuse
the instructions for an EPC upon a second such cancellation.
1.9 MDEA will advise the
Client that the Energy Performance Certificate has been produced
(normally within 48 hours) and is available for them, and also will
willingly explain the ratings and recommendations to the Client.
Clients Obligations
To enable the Company to
perform its obligations under this agreement the customer will:-
2.1 Co-operate with the
Assessor.
2.2 The assessor will
require access to all areas of the dwelling, including loft space.
2.3 It is the Client's
responsibility to ensure all areas are accessible for assessment this
includes:-ALL habitable rooms on all floors, boilers, radiators,
heaters, fires, hot water cylinders (if present), gas and electric
meters, windows, it is advisable for the Client to open the loft space
access for the assessor ( if possible).
2.4 MDEA advises the
Client that photographs of the above and exterior of the property along
with site notes will be taken during the assessment.
Ensure that all animals
are controlled and be kept away from the Assessor whilst carrying out
their inspections
2.5 Ensure that all
children are supervised / accompanied by a person over the age of 18
and that they are kept away from the Assessor whilst carrying out their
inspections. ( Please note that elderly/infirm occupants must also be
accompanied by a person over 18 years of age)
2.6 There must be no
access to hazardous materials or substances.
2.7 To provide documented
evidence of the property's build date, any replacement windows,
extensions, cavity wall insulation, loft conversion, boiler
installation. Do not worry however, if you do not have these documents
to hand.
Fees and Payment.
3.1 The cost for the
Energy Performance Certificate will be agreed on the initial enquiry.
3.2 The fee is for one
EPC on the said property.
3.3 The payment of the
agreed fee is due either by cheque with the return of all necessary
signed documents forming the binding contract, or payment in full by
cheque or cash on the day of assessment.
3.4 The Client undertakes
not to withhold any such payment due to MDEA whatsoever. Delay or
default in any such payment shall incur interest at a daily rate of 5%
above the base rate of The Royal Bank of Scotland plc.
Unless the company
receives notification of no less than 24 hours of intention to cancel,
charges of 50% of the agreed fee will be charged.
Should the Assessor be
forced to abandon an assessment due to reasons given in the Clients
Obligation section, or due to a health & safety risk, or injury
sustained whilst carrying out the assessment, charges of 50% of the
agreed fee will be charged.
FEES
|
Flat/Apartment
|
1 or 2
Bedrooms
|
£ POA
|
|
House
|
1 or 2
Bedrooms
|
£ POA
|
|
House
|
3
Bedrooms
|
£ POA
|
|
House
|
4
Bedrooms
|
£ POA
|
|
House
|
5+
Bedrooms
|
£ POA
|
Subsequent inspections
i.e. / you may wish to have another inspection done on completion of
recommended improvements, or for landlords this would be necessary when
there is a change in tenants. £POA.
Manchester Domestic
Energy Assessors Obligations.
4.1 Arrive at the
property at agreed time and date.
4.2 Contact the customer
in the event of any delay.
4.3 To provide a
professional service at all times.
4.4 Clarify any questions
the customer may have.
Liability
5.1 MDEA recognises the
Client's statutory rights.
5.2 Whilst the utmost
care shall be taken by the energy assessor, MDEA shall not be liable
for any loss or damage of any description whatsoever arising from
accidental breakages of ornaments or items that are in the vicinity of
the areas to be inspected.
5.3 MDEA shall not be
liable for any loss or damage whatsoever that the Client may suffer
after the Assessor has vacated an empty or unoccupied property, or
conducted an assessment in the absence of a contact.
5.4 MDEA shall not be
liable for any loss or damage whatsoever that the Client may suffer as
a result of MDEA being unable to fulfil any of its obligations herein
due to the occurrence of an event or force majeure.
Rights to Terminate or
Cancel
6.1 If at any point
during the agreed contract there is a request not to take photographs
or notes the assessment will be terminated, under these circumstances
the Client shall be charged in accordance with the Terms of Engagement.
6.2 The Assessor will
terminate the assessment if to continue poses a Health and Safety Risk
ie/ In the event of gas or electricity risk or if the property is not
structurally sound etc. Under these circumstances the Client shall be
charged 50% in accordance with the Terms of Engagement (clause 3.4)
6.3 The Client has the
right to cancel a signed agreed appointment and must do so in writing .
6.4 However if the
cancellation instruction is received more than twenty four hours before
the agreed date the Client shall incur a £15.00 penalty charge.
6.5 Should a Client give
a cancellation instruction with less than twenty four hours notice, the
Client shall incur a 50% charge which shall be reduced to £15.00 if the
assessment is to be rescheduled.
6.6 A Client making a
cancellation before the contract documents are signed shall not be
charged a fee.
6.7 The Assessor has the
right to cancel if they are unable to access the property at the agreed
time and date, the Client will be charged in accordance with the Terms
of Engagement.
6.8 In any event where a
contact will not be present at the property, it is the Clients
responsibility to provide in writing where the keys (and how many) are
to be collected from and to provide any security codes where necessary.
6.9 All keys must be
signed for.
ON Construction EPC's
IMPORTANT NOTE
MDEA and it's assessors
cannot be held responsible for any delays whatsoever in the production
of EPC's and will not be liable as part of the contractual process
entered in to by the developer, builder and end user.
PAYMENT FOR OCDEA
SERVICES IS REQUIRED 50% WITH ORDER CONFIRMATION AND BALANCE UPON
COMPLETION OF EPC CALCULATIONS. EPC CERTIFICATES CAN ONLY BE ISSUED
WHEN FINAL PAYMENT IS RECEIVED.
