Terms & Conditions

ENERGY REPORTS & SURVEYS LIMITED
ENERGY STANDARD TERMS OF BUSINESS

1. We, Energy Reports & Surveys Limited, company number 03140786 and whose registered office is at LMS House, Lloyd Drive, Cheshire Oaks Business Park, Ellesmere Port, Cheshire, CH65 9HQ, (“ERS”) are a property service company which employs domestic energy assessors (“DEAs”)  and in addition, manages a panel of external domestic energy assessors (the “Panel”). Both the DEAs and the Panel are members of an accreditation scheme as required and approved under The Energy Performance of Building (Certificates and Inspections) (England and Wales) Regulations 2007 (the “Regulations”).

2. All orders and instructions for energy performance certificates (“EPC’s”), floorplans, inventories and/or any other services that we provide from time to time (the “Services”) are to be placed to and accepted by ERS on these terms of business, together with any additional written instructions and/or conditions that ERS may issue or notify to you from time to time (the “Terms of Business”).

3. By placing an order for a Service:

3.1 if you are a business, sole trader, partnership, company or any form of other legal entity instructing ERS for a Service for and on behalf of the end individual customer (a “Business”), you are confirming that you are authorised to send such instructions and to provide all necessary personal and other information to ERS. In addition, you confirm that you have obtained the express consent of such person to (a) transfer such information to ERS and/or the Panel, (b) for ERS to use, process and transfer such information for and on behalf the customer and (c) to transfer any information to you; or

3.2 if you are the end individual customer and the Service is for you personally (an “Individual”), you are confirming that you are the end customer requiring the Service and consent to ERS and the Panel using, processing and transferring your information, data and personal data in connection with the provision of the Services.

4. ERS will accept instructions for a Service via telephone, fax or e-mail only. Full details of the type of Service required, the full postal address of the property, full contact details and timeframes required must be given at the time of instruction. Failure to provide the necessary information may result in a delay or inability to process such instructions for which ERS will not be responsible.

5. ERS shall, in its discretion, allocate the instruction accordingly and either appoint a DEA or a member of the Panel to undertake the Service. The appointed DEA or member of the Panel shall contact and make such necessary arrangements with the property owner to conduct the respective Service.

6. The DEA or Panel member will require access to the property to undertake the Service. Failure to allow the necessary and appropriate access will prevent ERS performing the Service and ERS cannot be held responsible. In addition, whilst undertaking the Service, the relevant property owner will at all times owe a duty of care to the DEA and/or Panel member during any visit.

7. Once the Service has been completed, ERS shall e-mail and make available an electronic link to the Service. Alternatively, if no e-mail address has been provided or is available, fax or post a hard copy to you and if nominated and applicable, the end individual customer.

8. Payment for any Service must be paid:

8.1 if you are a Business, within ten business days of the date of an invoice issued to you from ERS, unless otherwise agreed in writing by ERS. For the avoidance of doubt, payment by your customer or the property owner will not be accepted; or

8.2 if you are an Individual, on the instruction of the Service, unless otherwise agreed in writing by ERS.

9. If you fail to pay any amounts payable by you under these Terms of Business or incurred in connection with the Service on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgement) at a rate which is three per cent (3%) higher than the base rate of Barclays Bank PLC or such other financial institution as nominated by ERS from time to time. Any interest accruing under this paragraph shall be payable immediately on demand by ERS.

10. ERS shall not be liable to you for any loss, damage (whether in contract, tort including but not limited to negligence, breach of statutory duty) or otherwise where there is no breach of a legal duty of care owed to you by ERS, or the loss or damage is not a reasonably foreseeable result of any such breach, or any increase in loss or damage results from a breach by you of these Terms of Business. ERS’s liability under these Terms of Business shall at all times be limited to £1,000,000 per claim or per series of connected claims.

11. Nothing in these Terms of Business exclude or limit ERS’ liability to you for death or personal injury caused by ERS’ negligence or fraudulent misrepresentation.

12. ERS does not provide any warranty or guarantee or accept any responsibility or any liability whatsoever in respect of any acts or omissions or otherwise of a member or members of the Panel or in connection with the Service. You agree and acknowledges that ERS acts merely as an introducing agent and manager in respect of the Panel and does not owe a duty of care to you and/or your customer in respect of the Service or the Panel provided that ERS warrants that it has used reasonable skill and care in its selection of the Panel from time to time. Some of the documents and information may be provided by you, your customer or third parties over whom we have no control. ERS shall not be liable for any errors or omissions in that information or for any information that is inaccurate, misleading, unlawful or otherwise inappropriate. 

13. If you are a Business, you hereby confirm and warrant that you (a) are registered with and at all times comply with all requirements applicable to the collection, holding, use, storage  and processing of any data or personal data under the Data Protection Act 1998 or such other relevant legislation in force from time to time and (b) will comply with all and any instructions from ERS in respect of any data or information collected where ERS is the data controller (as such term is defined under the Data Protection Act 1998).

14. ERS confirms that it and the Panel will comply with all data protection legislation in force from time to time when handling, processing and storing your personal data.

15. You should not rely on any other verbal terms, conditions, representations, assurances, warranties or otherwise made to you and not detailed herein.

16. All and any intellectual property rights in any materials developed, originated, written or prepared by ERS, the Panel or any group companies from time to time shall remain the property of ERS. You shall not use, copy, transfer or otherwise deal with any intellectual property rights of ERS, the Panel or any group companies.

17. If any provision, clause or term of the Terms of Business are held void or unenforceable then ERS will be entitled to choose whether to continue with the void or unenforceable provisions severed from the Terms of Business or to terminate the Terms of Business.

18. ERS shall not be liable for any delay or failure to perform any of its obligations under the Terms of Business to the extent and for the duration that such delay or failure is caused by circumstances beyond its reasonable control.

19. The Terms of Business may only be relied upon by the relevant persons under the Regulations or the parties hereto and shall not be directly or indirectly enforceable by any third party nor is it intended to benefit any third party.

20. Nothing in these Terms of Business shall constitute a relationship of principal and agent between us and you shall not have the right to bind or commit ERS in any way or hold yourself out as having the right to do so.

21. You shall not disclose the content of these Terms of Business or make any announcement to the press concerning the existence of these Terms of Business without our prior written consent.

22. These Terms of Business are personal to you. You are not permitted to assign any of your rights or transfer any of your rights and obligations under the Terms of Business in whole or part to any other person.

23. The failure of either you or ERS to insist upon strict performance of any provision of these Terms of Business, or the failure of you or ERS to exercise any right or remedy to which you or ERS is entitled hereunder, shall not constitute a waiver thereof unless confirmed in writing by the waiving party.

24. All notices and communications pursuant to these Terms of Business shall be sent by first class prepaid post to the registered office or the last known address or the fax number of the relevant party or such substitute address, fax number or department as notified by not less than five business days written notice, form time to time. Such notice shall be deemed to have been received three business days after the date of posting, or the same business day if sent to the valid and correct fax number during business hours.

25. ERS reserves the right to change the Terms of Business from time to time.

26. Sending ERS instructions for a Service will be deemed to constitute acceptance of the Terms of Business and agreement to be bound by the same.

27. The Terms of Business shall be governed by and interpreted in accordance with English law and are subject to the exclusive jurisdiction of the English courts.