Terms and Conditions

1 General
1.1 These terms of business and Schedule of Work ("Terms") are the sole defining documents governing the provision of the Services (as defined in Clause 2) by Cheviot Surveys Ltd. ("the Assessor") to the owner/occupier ("Client") of the property to be assessed ("Premises").
1.2 The Terms supersede any purchase order issued by the Client and all proposals, terms & conditions, statements, representations or warranties made by or between the Assessor and the Client ("Parties") relating to the Services. No variation is valid unless agreed in writing by the Parties.
1.3 Full details of the Client, Services, Premises, appointment time, timetable & method of delivery of the Energy Performance Certificate & Recommendation Report ("EPC") will be detailed in the Schedule of Work ("Schedule") which will be provided and form part of the Terms between the Parties.
2 The Services
2.1 The Services shall consist of an assessment of the Premises and subsequent submission of an EPC.
2.2 The Assessor will not provide:
a) a survey, condition report or property valuation;
b) any professional services other than those related to the provision of an EPC. Any such additional services will be dealt with by a separate contract.
2.3 The Assessor will generally undertake a non-invasive visual assessment of all relevant parts of the Premises, but will not look at parts of the Premises which are covered, unexposed or inaccessible. The Assessor will not pull up carpets or floor boards, or test the services within the Premises. Any loft area or suspended ceiling will only be visually inspected if it is safe to do so, access is within 3 metres of floor level & it will not damage the Premises.
3 Statutory Terms for the Preparation of an EPC ("Statutory Terms") - The EPC will be prepared with reasonable skill and care.
4 Fees & Payment Terms
4.1 The Fees payable for the Services and the payment terms will be detailed in the Schedule. These will be based on the information provided by the Client and may be altered without notice by a reasonable amount if the Premises are found to be significantly different in type or description.
4.2 Interest may be charged on any outstanding Fees from the due date for payment until the date the cleared payment is received by the Assessor at the statutory rate from time to time.
4.3 Right of Setoff - The Client will only be entitled to claim a right of retention or set-off insofar as the counterclaim on which said right is based has been ruled on finally and conclusively by the Courts or is not in dispute.
5 Cancellations or Postponement
5.1 If the appointment is cancelled or postponed by the Client on the day of the appointment for whatever reason, 50% of the Fees will be payable to the Assessor.
5.2 If the Assessor is required to postpone all or part of the Services on the appointment day due to the failure of the Client to abide by its obligations under the Terms, the Fees may at the Assessor’s entire discretion be increased by up to 50%.
5.3 The Assessor may terminate the Terms if there is a conflict of interest.
6 Warranty & Complaints
6.1 The Assessor warrants that the Services will be performed in accordance with all legal requirements, the requirements of the Assessor’s Accreditation Scheme ("Scheme") & any relevant Code of Conduct.
6.2 Except as expressly set out in Clauses 3 and 6.1, all warranties, terms & conditions, whether oral or written, express or implied by statute or otherwise which might have imposed obligations on the Assessor in relation to the Services will be excluded to the fullest extent permitted by law.
6.3 The Assessor will provide a high level of customer care at all times. In the event of any complaint, the Assessor will acknowledge & then seek to resolve the complaint by telephone, email or in person as quickly as possible. If the Client is unhappy with this response they should write to the Assessor with full details within 5 working days. The Assessor will aim to respond within 15 working days to allow for holidays. If the Client is dissatisfied with this response the matter can be escalated to the Scheme. A copy of the complaints handling process is available on request. This does not affect the Client’s legal rights.
7 Client Obligations
7.1 The Client will at its expense provide all such information & cooperation as is reasonably required to enable the Assessor to provide the Services. This shall include:
a) giving clear and safe access to all relevant parts of the Premises, and ensuring that it is safe for the Assessor to turn on taps and light switches;
b) completing & signing any written Questionnaire provided to the Client by the Assessor, setting out information about the Premises; and
c) providing any other assistance, information or health & safety equipment reasonably requested by the Assessor.
8 Insurance - The Assessor will maintain insurance cover in accordance with the requirements of the Scheme & sound business practice.
9 Liabilities
9.1 Notwithstanding anything to the contrary in these Terms, the liability of the Parties under or in connection with these Terms, whether arising from contract, negligence or howsoever will be limited as set out in this Clause 9.
9.2 The liability of the Parties is unlimited in respect of any liability arising from:
a) death or personal injury caused by the negligence of the Party;
b) any proven fraud on the part of the Party.
9.3 The aggregate total liability of the Assessor is limited to one million pounds (£1,000,000) in respect of any claim for loss of, or physical damage to, the Client’s tangible property caused by the act or omission of the Assessor.
9.4 In respect of any other liability not otherwise covered by this Clause 9, the aggregate total liability of each of the Parties is limited to one hundred thousand pounds (£100,000)
9.5 Neither of the Parties will be liable for any special, consequential or indirect damages, loss of profits (including direct loss of profits), loss of business, loss of revenue, loss of goodwill or loss of anticipated savings arising out of or in connection with the Terms.
9.6 The Assessor will not be liable for any loss or damage caused, or contributed to, by a breach of the Client’s obligations.
9.7 The Parties accept that the Fees have been set in relation to the risks being assumed by Parties under the Terms, and that accordingly these limitations on liability are reasonable.
10 Confidentiality & Data Protection
10.1 An EPC prepared by the Assessor and supporting notes & photographs must be uploaded to the Scheme and thereafter entered onto the Register of EPCs.
10.2 Subject to Clause 10.1 and any other contrary legal obligation:
a) Both parties shall comply with their obligations under the Data Protection Act 1998. The Client will be entitled to see any of its Personal Data held by the Assessor. How the Client’s Personal Data will be used by the Assessor will be detailed in the Special Conditions in the Schedule.
b) All personal information relating to the Assessor and Client will be treated as private & confidential by both parties, and will not be disclosed to any other parties without written consent.
11 Force Majeure - 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. This includes errors caused by the government approved software program used by the Assessor to make the assessment.
12 Third Party Contractual Rights
12.1 In relation to the EPC, the Client and a potential or actual buyer or tenant of the Premises may enforce the Statutory Term in Clause 3.
12.2 In relation to any other Terms, a person who is not a party to the Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms. This does not affect any right or remedy of a third party that exists, or is available, apart from that Act.
13 Applicable Law - The laws of England will govern the Terms, and the Parties submit to the exclusive jurisdiction of the English courts.
14 Regulation - The Assessor is accredited by the NHER Accreditation Scheme (www.nher.co.uk or 01908 672787) under number SAVA002735 to prepare EPCs under the provisions of the Energy Performance of Buildings (Certificate and Inspections)(England & Wales) Regulations 2007 (as amended) and the equivalent Scottish regulations.