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TERMS AND CONDITIONS OF ENGAGEMENT;
DOMESTIC ENERGY SURVEY. (D.E.A)
ENERGY PERFORMANCE CERTIFICATE (E.P.C)
Our D.E.A Survey is as extensive as access and circumstances permit. The Assessor/Surveyor inspects as much of the surface area, internally and externally, as practicable and where possible the report includes comment on energy related aspects and parts of the building.
The report is provided on the basis of the following clear assumptions and limitations
1. The Assessor/Surveyor advises the client as to his opinion of the domestic energy values in relation to the building, and save as hereinafter provided, carries out such work as is reasonable in his professional judgement, bearing in mind the practical limitations imposed by the individual circumstances of the property at the time of his inspection.
2. Except where the contrary is stated, parts of the building and of the energy systems which are covered, unexposed or inaccessible, are not inspected and it is, of course, impossible to examine every part of the building and its energy systems. The report does not purport to express an opinion or to advise upon the condition or energy ratings/values of uninspected parts and should not be taken as making any implied representation or statement about such parts.
3. The roof void is inspected if a suitable access point is available, but household or other items stored therein, will not be moved. No comment can be made upon the practicality of using the chimneys.
4. Wherever possible the fabric (i.e. walls, ceilings, floors, roof void, heating systems and installed insulation etc) is examined for evidence required to produce the E.PC. Energy Performance Certificate.
5. General comments only are made and energy related systems/equipment is only visually inspected.
6. No test of the service installations - gas, water, electricity, central heating, systems, if present, is made.
7. The Surveyor gives his opinion giving all reasonable professional skill and care provided however that any liability of the Assessor/Surveyor arising in connection with these Conditions of Engagement or any matters arising there from shall not extend to economic loss or loss of profits suffered whether by the Client or any third party, but would be limited to the cover provided by the insurance cover provided by the surveyor.
8. Disputes
a. Any dispute or difference which may arise between the Assessor/Surveyor and the Client in connection with these Conditions of Engagement or in connection with any matters arising therefrom shall be referred to and determined by a single arbitrator (hereinafter called "The Arbitrator") such arbitration to be held in the county of North Yorkshire, England.
b. The Arbitrator shall be appointed by agreement between the parties.
c. The procedure to be followed shall be agreed by the parties or in default of agreement, shall be determined by the Arbitrator but in all cases the law and practice to be followed by determining the dispute or difference shall be the law and practice of the United Kingdom.
d. In the event that the parties of the Arbitrator shall determine that there shall be any right of appeal from the decision of the Arbitrator such appeal and any subsequent appeals shall be heard by the courts of the England and in such event each party agrees to submit to the jurisdiction of any court of competent jurisdiction within the England, and to comply with all requirements necessary to give such court jurisdiction. No court outside the England shall have any jurisdiction over any matter touched by this agreement.
e. In the event of default by either party in respect of any procedural order made by the Arbitrator the Arbitrator shall have the power to proceed with the Arbitration in the absence of the party and to deliver his award.
9. Where applicable, the opinion in the report is as at the date of inspection. Unless otherwise expressly agreed, the assessment advice and certification assumes that:
a. The property is unaffected by any statutory notice and that neither the property nor its use or proposed use gives rise to a contravention of any statutory requirements.
b. The Assessor/Surveyor is under no duty to verify these assumptions.
10. The Client agrees to pay to the Surveyor in respect of the said professional advice a fee as agreed. In addition, the Client will reimburse to Surveyor amounts of any Value Added Tax on the fee, together with any agreed expenses within 15 days of invoice.
11. This EPC is lodged with ECMK who are responsible for onward transmission to Landmark.
12. Where energy saving costs are given, they are for guidance purposes only and should not be construed to be quotation nor estimate and should be substantiated prior to exchange of contracts by proper competitive quotations or estimates.
13. In the event that the Surveyor could not complete the survey due to one, or a combination of the following reasons then a fixed charge of £50 will be levied to cover costs.
a. The homeowner, tenant or other representative was not present to allow access to the property.
b. The Surveyor could not complete the survey due to obstruction by the occupiers or representative, or at risk of personal attack / aggressive nature / abuse from said occupiers / public or representative, or reasons to make the Surveyor duty untenable. E.g. refusing access to premises, or not allowing the Surveyor to use the tools in his/her possession to carry out the survey.