Terms & Conditions of Engagement
1.0 Definitions
In these Terms:-
‘Agreement’ means the written confirmation by the Client of the Terms
‘Client’ means the person, firm, company, or trustee to whom EPC ONE is to provide services in accordance with the terms.
‘EPC ONE’ means Green Energy Logistics Limited t/a EPC One.
‘Property’ means the building(s) or premises to which the Client’s instructions to EPC ONE refer.
‘Terms’ means the terms and conditions set out herein and include any other terms contained in the Engagement letter.
‘Engagement letter’ means the letter accepting the instructions of the Client.
2.0 General
EPC ONE undertakes to perform all services on the basis of the Terms which form the agreement.
No variation to the Terms shall be binding unless agreed in writing by EPC ONE.
Nothing in this Agreement confers or purports to confer any rights of a third party to enforce the terms or benefits of the Agreement nor shall anything in the Agreement be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the Agreement but shall not affect any right or remedy of any third party which exists or is available other than under the Act.
EPC ONE’s duties shall be limited to those set out in the Engagement Letter.
EPC ONE shall be entitled to accept and act on any instruction given to EPC ONE by any person who is an employee of or advisor to the Client.
If any term or provision of the Terms shall become or be declared illegal, invalid, or unenforceable for any reason, such term or provision shall be divisible from the Terms and shall be deemed to be deleted from the Terms.
3.0 Services
EPC ONE will seek to provide a service expected of a professional energy assessment consultancy using all reasonable care, skill, and acting in good faith at all times. These services are provided on the basis that;
EPC ONE reserves the right to carry out instructions in accordance with such procedures, principles, and methodologies as EPC ONE deem appropriate.
EPC ONE may, in appropriate circumstances, secure the performance of any or all of the services by instructing one of more other persons or companies (whether as sub-contractors or in any other capacity) upon such terms as EPC ONE considers appropriate. In these circumstances no additional fee shall be payable by the Client unless specifically agreed but the Client shall be liable for all fees and other sums payable to EPC ONE as if all services have been performed by EPC ONE.
Green Deal Assessment will rate your home’s energy efficiency and asses how the people living there use it. The Advice report will make tailored recommendations that are industry standard and completely impartial.
The Assessment will be conducted in person at your home by a trained and accredited Green Deal Advisor (the ‘Advisor’). The Advisor carrying out the Assessment will be employed by, or be an agent of, Green Energy Logistics Limited t/a EPC One, but the advice given will be independent and completely impartial.
The Assessment may include a technical survey of your home, which may require the drilling of a small hole in one or more (in the case of extensions to your property) of your external walls to see if your cavity walls are suitable for insulation. The Advisor will also need to access all rooms of your property and certain other areas of your property such as the boiler, loft, basement, garden etc., in order to carry out the Assessment and we will assume that access is available to both the interior and exterior of your property at all times during the Assessment. The Advisor will record certain information for monitoring and compliance purposes and may also take pictures, for example of the appliances, boiler, and the electricity meter.
The time estimate given for conducting the Assessment is our best estimate and we will make every reasonable effort to complete it at the agreed time and within the timeframe specified. We shall not be responsible for any delays or losses if we cannot conduct or complete the Assessment for reasons which are beyond our control such as fire, accidents, war, adverse weather conditions, industrial disputes, strikes, and lockouts, which we are not directly involved in, or if further information of investigation is required in order to complete the Assessment.
The provision of the Assessment is subject to availability of our Advisors and subject to change or withdrawal at any time.
Please note that if you have requested any other services that fall outside of the Assessment described in these terms and conditions, these other services shall not form part of the Assessment.
4.0 Property Information
The Client warrants, represents, and undertakes to EPC ONE that unless specifically notified to EPC ONE by the Client in writing:
EPC ONE shall be entitled to rely on information and documents provided by the Client or the Client’s advisors as being, to the best of the Client’s knowledge and belief, accurate and not misleading (whether by inference or omission) and the Client will advise EPC ONE in the event that the Client or its advisors become aware or receive notice that any information provided to EPC ONE is or becomes inaccurate or misleading.
The Client will provide legible true copies of any relevant documents and will make arrangements for EPC ONE to inspect the property on reasonable notice.
4.0a Green Deal Assessment
Carrying out your Green Deal Assessment
As part of the Assessment, the Advisor will also need to work out how much energy you use each year. To do this, they will need to read your meter(s) and see copies of your energy bills for the last 12 months. If you are not able to provide these for the last 12 months, we can still complete the Assessment but the Advice Report will be less accurate. The Advisor will also need to know certain details about your energy usage, including but not limited to the temperature your home is heated to, the number of hours the heating is on and the numbers of showers and/or baths taken by the household. You will be sent the Advice Report within 14 days of the Assessment, which will include the accredited EPC and Occupancy Assessment and will set out impartial advice and recommendations for how to improve the energy efficiency of your home.
You will only be able to take out Green Deal finance for a Green Deal plan if your property has an electricity meter and is supplied by a licenced and qualifying Green Deal electricity supplier. Please note that some smaller electricity suppliers may not qualify as Green Deal suppliers and therefore will not be able to collect Green Deal charges. If you are currently with such a supplier, you would have to switch to a qualifying Green Deal supplier before taking out a Green Deal Plan with the MPAN (Meter Point Administration Number), and electricity account number for the electricity meter at your property. These can be found on your electricity bill.
5.0 Other Matters
Unless otherwise agreed in writing:
EPC ONE will not be responsible for making any local search or other enquiries of local or public Authorities including Planning and Title which are the responsibility of the Client or Client’s advisors.
EPC ONE shall not be responsible for any structural or site survey or any audit of the Property such as may be required under either the Disability Discrimination Act 1995 or the Control of Asbestos at Work regulations 2002 or for testing or warranting any services plant or equipment at the property.
EPC ONE will endeavour to treat all information which is relevant to the Client’s instructions as confidential although EPC ONE may at its sole discretion provide information to other professionals or other third parties as its normal practice.
6.0 Fees and Disbursements
EPC ONE will set out the bases and level of fees in the Engagement Letter.
The price quoted is valid from the time of quotation for a period of 28 days and assumes that your Survey/Assessment will take place within 90 days of your request for a Survey/Assessment and that all necessary consents are in place. If we reasonably determine that we may not be able to complete your Survey/Assessment within said 90 day period for reasons outside our control, then we may revise the quotation following which you will have a further 28 day period to accept the quotation.
7.0 Terms of Payment
Fees shall be payable by the Client to EPC ONE in accordance with the Engagement Letter.
EPC ONE reserves the right to charge the Client interest on outstanding monies due to EPC ONE from a date 28 days after the date of invoice at the rate of 3% above the Bank of England base lending rate.
If any sum due to EPC ONE from the Client remains outstanding for more than 28 days EPC ONE shall be entitled to suspend all work for the Client and EPC ONE shall not be liable for any delays, losses, or expenses resulting from such suspension.
8.0 Indemnity
The Client shall indemnify and keep indemnified EPC ONE from and against all losses, liabilities, damages, fines, costs, and expenses (including legal costs and expenses) suffered or incurred by EPC ONE arising out of or by virtue of the Client’s instructions to EPC ONE or otherwise under this agreement other than any losses, costs, damages and expenses emanating from the wilful default or negligence of EPC ONE.
9.0 Copyright
Copyright in any information, documents, or other material provided by the Client to EPC ONE remains the property of the Client. The copyright of all reports, forecasts, drawings, accounts, and all other documents originated by EPC ONE in relation to its instructions shall remain the property of EPC ONE.
Any licence granted by either the Client or EPC ONE for the use of the copyright by either party shall subsist for the duration of this Agreement.
10.0 Liability Limitation
Whilst EPC ONE undertake to make every effort to fulfil the Client’s instruction in accordance with the Terms, EPC ONE shall not be liable whatsoever:
Unless the Client has paid in full all sums due to EPC ONE.
To any third party who, without prior written consent, seeks to rely on EPC ONE’s performance of the Agreement in which the Terms form a part of any advice or information emanating from the Client’s instruction.
Unless EPC ONE has previously agreed in writing to the particular use being made of EPC ONE’s services or advice giving right to any loss by the third party.
In respect of any services outside the scope of the Terms unless EPC ONE has agreed to perform the services with prior written notice.
With regards to the Green Deal Assessment we will rely on the information and answers to questions you give to the Advisor when preparing the Advice Report and will not accept responsibility for any errors in the Advice Report that are a result of any incorrect information given. If you proceed to take out a Green Deal Plan, the calculation of finance available will be based on the Advice Report and we will not accept responsibility for any errors in the charges or the Green Deal Plan that are a results of any incorrect information given.
If you suffer any loss or damage due to our negligence, our responsibility to you will be limited to £1,000,000 for each event that causes you loss, or if there are a number of connected events that cause you loss, our responsibility will be limited to £1,000,000 in total for these events. We will not, under any circumstances be responsible for:
Any financial loss or damage, for example, loss of profit, income, business, contract or goodwill, or:
Any loss which, when we made this contract with you, we would not reasonably have been expected to happen even if we, our employees, sub-contractors, or agents did not follow these terms and conditions.
11.0 Complaints
EPC ONE endeavours to perform on the instructions of the Client in an efficient and professional manner. In the event that the Client is aggrieved, EPC ONE has adopted a handling procedure which will be provided at the end of this agreement.
12.0 Termination of Instructions
Either party may terminate the instruction by reasonable written notice; in the event that one of the following circumstances applies, EPC ONE shall be entitled to charge a fee:
In the event that EPC ONE is entitled to a Payment in accordance with paragraph 6 as above, EPC ONE shall be entitled to a fair and reasonable proportion of the full fee which would have been payable if the instruction had been completed to its conclusion.
In respect of work undertaken up to and including the date of termination EPC ONE shall be entitled to charge on the quantum merit base plus disbursements.
You are entitled to cancel this agreement. If you wish to cancel, you MUST DO SO IN WRITING and deliver notice personally or send it by RECORDED DELIVERY or REGISTERED POST to Green Energy Logistics Limited t/a EPC One, 38 Firbank Close Ashton-under-Lyne, Lancashire OL7 0AD or by email to cancellation@epcone.co.uk at any time WITHIN SEVEN WORKING DAYS starting from the date the confirmation of appointment is sent to you. Notice of cancellation is deemed to have been served as soon as it is posted or sent to us or, in the case of electronic communication, from the date it is sent to us. We will refund to you the price paid for the Assessment as soon as reasonably practicable.
In the event that you exercise your right to cancel this agreement and you have given your written agreement for any Assessment to take place within the seven working day cooling off period, you can still cancel up to 24 hours before we are due to visit.
Green Energy Logistics Limited t/a EPC One may cancel this agreement with immediate effect at any time by providing you with written notice.
13.0 Law
The Terms and any agreement of which they form part shall be governed by and shall in all respects be construed by English Law, and the parties irrevocably submit to the exclusive jurisdiction of the English Courts in relation to any dispute arising out of or in connection with the terms of any such agreement but without prejudice to the right of EPC ONE to litigate in any other jurisdiction in order to enforce payment of any monies owed to EPC ONE.
These terms and conditions set out the entire agreement between you and Green Energy Logistics Limited t/a EPC One and nobody other than you will be able to benefit from this agreement.
14.0 Money Laundering
In order to conform to the Money Laundering Regulations 2003, EPC ONE reserves the right to request from the Client proof of identity such as a certified copy of a valid passport or driving licence and/or company documents. EPC ONE reserves the right to refuse any instruction or terminate any instruction immediately in the absence of authentic identification.