⁄⁄ T&C's

H&N Energy Consultants Terms and Conditions

Terms and conditions for the provisions of Home Condition Report service

Instructions are accepted by H&N Energy Consultants Limited only according to the following Terms and Conditions. Services are provided only on the basis that such Terms and Conditions constitute express understanding between H&N Energy Consultants Limited and the client.

The Inspector has a duty to provide an impartial opinion that can be used and relied upon by a prospective buyer and the seller. The report may also be relied upon by the mortgage lender in so far as they wish to do so. It is agreed by the parties that the provisions of the Contracts (Rights of Third Parties) Act 1999 will apply.

The Energy Performance Certificate will be carried out in accordance with the “Home Inspectors” Inspecting and Reporting Requirements “Version 3 February 2005”.

Definitions

  • “H&N” – H&N Energy Consultants Ltd.
  • “Buyer(s)” - any person who purchases a Home for which a Energy Performance Certificate has been prepared.
  • “Certification Scheme” - a scheme for Domestic Energy Assessors approved by the Secretary of State in accordance with [Section 134(5)] of the Housing Act 2004.
  • “Client” – The second party to the contract.
  • “Landmark” - the central electronic storage facility for Energy Performance Certificates.
  • “Energy Performance Certificate - EPC” - a report prepared by a Home Inspector or a Domestic Energy Assessor in accordance with Section 134 of the Housing Act 2004, detailing the energy efficiency of a property.
  • “Domestic Energy Assessor (s) - DEA” - a member approved under a Certification Scheme to act as a Domestic Energy Assessor in accordance with the Housing Act 2004. Energy Performance Certificate to the Databank, and which procures the services of a Home Inspector or Domestic Energy Assessor to undertake the energy inspection and provide the contents of the report.
  • “Seller(s)” - any person who is selling a Home for which a Energy Performance Certificate is required.

Scope

This is a report on the energy efficiency of the Clients property. It is in a standard format and has been prepared by a Domestic Energy Assessor under the Domestic Energy Assessors Certification Scheme. The DEA has a duty to provide an opinion about the energy efficiency of the property that can be used and relied upon by prospective buyers, the seller and the buyer’s mortgage lender.

The report has been commissioned on the basis of these Terms of Engagement by, or on behalf of, the seller of the property, and describes the condition of the property on the date of inspection. Neither you nor the Domestic Energy Assessor can amend these Terms of Engagement. Any services the DEA may agree to provide in addition to preparing this Energy Performance certificate must be set out in a separate, written contract. The terms of payment and fees payable for the Energy Performance Certificate is subject to variation and the latest prices can be accessed via H&Ns website.

Complaints

Should you have any complaint about this Energy Performance Certificate or the Domestic Energy Assessor who prepared it then in the first instance make your complaint to the Domestic Energy Assessor (excepting where the complaint includes an allegation of a criminal nature), who will be required by the Certification Scheme to operate a formal procedure for responding to your complaint. If you are dissatisfied with the outcome we may then refer your claim to the Certification Scheme which will pass the complaint to the Domestic Energy Assessors adjudication Service (known as DEAAS) (this is an independent mediation and adjudication service which considers a complaint and decides whether to take action against HIs as a result). The DEAAS can order an DEA to do various things including paying compensation where it believes the DEA has failed to comply with the duties and responsibilities set out in the DEA’s licence. The adjudicator acts entirely independently of the Certification Scheme.

This process for dealing with complaints is intended to help buyers and sellers pursue legitimate complaints quickly, with minimum cost and to ensure the quality of service provided to the public by Domestic Energy Assessors. However, the existence of this process does not prevent you from pursuing a complaint through the courts.

Confidentiality

Services undertaken by H&N will be on a confidential basis and the reports will be the property of the client. The content of the report will not be disclosed to third parties without the written consent of the client.

This energy report will be deemed to have been waived insofar as any Report is communicated in whole or in part by the client to any third party in such a way as to misrepresent or distort the content of the report.

Ownership of documents and copyright

The copyright of all drawing, photographs, calculations and other documents including any report produced by H&N within the contract belongs to and shall remain vested in H&N. However the EPC is owned by the Secretary of State and is passed on with the transfer of the property, an EPC is valid for 10 (ten) years.

The client shall not make copies of any such documents without the prior written approval of H&N.

Accuracy

Where the results provided by H&N comprise advice, data and conclusions, these are given on the understanding that they are subject to the limitations of the software’s accuracy and that advice given and conclusions drawn are based on the evidence known at the time to H&N. Given that the quality standard for new dwellings (i.e. assessed from plan) is expressed at being within 5 SAP points in 95% of cases, this suggests a similar format of quality standard for existing homes (i.e. site assessed) of being within 10 SAP points in 95% of cases. However, since ordinary Inspectors are unlikely to ever completely match the performance level of Experts, a quality standard of being within 10 SAP points in 90% of cases would seem appropriate. EPCs prepared by H&N with a SAP error of 6 points or over will be replaced at no cost to the client.

Whilst every effort is made to ensure the soundness of advice given, H&N cannot accept liability for loss or damage arising from the use of the information supplied to the client in the proper execution of the service. No responsibilities can be accepted for the consequences should the readers fail to act upon specific reasonable advice in the Report.

Acceptance

Notwithstanding the agreed commencement date, H&N will not start work unless a signed acceptance of these terms and conditions has been made and or payment has been received

Payments

By accepting H&Ns terms and conditions you are agreeing to our payment terms and conditions; invioces must be paid within 14 days of receipt failure to do so will result in the EPC being removed from Landmark and an additional fee will be incurred.

Variation to the contract

Services required beyond the Scope of work detailed in the contract will not be undertaken without written acceptance by the client of a revised Scope of work and agreement of any additional fees.

Right to terminate inspections

H&N reserve the right to terminate any inspection and will seek full payment if:

  • The assessors are faced with threatening or abusive behaviour.
  • If the property is structurally unsafe.
  • Exposure to hazardous materials.
  • Unsecured animals/pets.
  • Unaccompanied minors.
  • No Access is given at specified time.
  • Where the assessors integrity may come in to question.

Appendix

This report tells you about the energy efficiency of your property based on the fabric, construction, lighting and space/water heating, it is not a report on how you choose to use energy and is based and a notional occupancy of 2.7 people.

This report does not tell you the value of the property. You should commission independent advice if you require a valuation. It does not tell you about any matters concerning the condition of the property. This report does not warn you about any health and safety risks to occupiers or visitors to the property.