Terms & Conditions
TERMS AND CONDITIONS OF ENGAGEMENT:
NON-DOMESTIC ENERGY ASSESSMENT (NDEA)
Our NDEA 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 contains the following clear assumptions and limitations:-
1. The surveyor advises the client as to his opinion of the 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 un-inspected parts and should not be taken as making any implied representation or statement about such parts.
3. The Surveyor inspects as much of the surface area, both internally and externally, as is practicable and lifts ceiling tiles and trapdoors where accessible and where reasonable to do so. They do not lift fitted carpets, move heavy furniture or remove fixtures or fittings to facilitate inspection.
4. The roof attic and upper areas are inspected from ground level or from a nearby available vantage point, together with flat roofs and loft attics, which can be accessed, with due regard to safety. Close proximity of nearby buildings or tall trees may preclude inspection of parts of the attic/roof/chimney stacks etc. The roof void is inspected assuming a suitable access point if available, however items stored therein will not be moved. No comment can be made upon the practicality of using chimneys.
5. Wherever possible the fabric is examined for evidence required to produce an Air Conditioning Energy Assessment report.
6. General comments only are made and energy related systems/equipment is only visually inspected.
7. No test of the working order of service installations – gas, water, electricity, central heating systems is made.
8. The Surveyor gives his opinion giving all reasonable professional skill and care provided however that any liability of the Surveyor arising in connection with these Conditions of Engagement or any matters arising therefrom shall not extend to economic loss or loss of profits suffered whether by the Client or any third party.
9. 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 London, England.
b. The Arbitrator shall be appointed by agreement between the parties or in default of agreement the ABBE, (Award Body for the Built Environment).
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 of difference shall be the law and practice of the United Kingdom.
d. In the event that the parties of the Arbitration 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 United Kingdom and in any such event each party agrees to submit to the jurisdiction of any court of competent jurisdiction within the United Kingdom, and to comply with all requirements necessary to give such court jurisdiction. No court outside the United Kingdom 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.
10. 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:-
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.
The Surveyor is under no duty to verify these assumptions.
11. 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.
12. The Client Agrees to pay the surveyor the agreed fee in full before lodgement of the certificate is made by the surveyor to the appropriate authorities. The certificate is therefore not deemed valid until payment has been made.
13. In instances where the surveyor is compelled to return to a survey site after the initial survey through the fault of the client (inaccessible spaces, failure to be present, failure to gain access etc.) the client agrees to pay an additional default sum of either 10% of the gross survey fee or £75 (whichever is greater) per instance of return.
14. Whilst the surveyor will make every effort to return the report in as fast a timescale as practicable the surveyor accepts no liability for losses or damages to the client as a result of the date of the lodgement of the report.
15. The client agrees that (unless by prior arrangement) images and descriptions of the exterior of their premises may be used for promotional purposes by Haptic EPC Ltd. across a range of media including online social media channels. Whilst Haptic EPC Ltd. will always endevour to portray the client in a beneficial manner it accepts no liability for loss of revenue or reputational value.
16. This report is confidential to the Client for the specific purpose to which it refers. It may be disclosed to other professional advisors assisting the Client in respect of that purpose, but the Client shall not disclose the report to any other person.
17. 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.
18. All surveys are conducted with the assumed consent of all of the above caveats with all liabilities resting with the client.