Green Zone Surveys (UK) Ltd Terms and Conditions of Business Rev ‘’3th 20 December 2019.
1. Definitions
1.1 “Accreditation Code of Conduct” shall mean the professional standard rules as set out by the Accreditation Body through which the EPC, DEC or Report is lodged;
1.2 “Agreement “shall mean these terms and conditions;
1.3 “Appointment” means the date and time notified to the Client for the assessment(s).
1.4 “Assessor” shall mean any person appointed and acting on behalf of the Company who is registered with the Commercial and Public Buildings Energy Assessor Accreditation Schemes;
1.5 “Inspector” shall mean any person appointed and acting on behalf of the Company to carry out its services and inspections, including energy assessments and reports.
1.6 “Company” shall mean Green Zone Surveys (UK) Limited together with all Assessors and Inspectors howsoever engaged by the Company;
1.7 “Client” shall mean the name of the person authorised and entering into this Agreement;
1.8 “EPC” means the Energy Performance Certificate which is a report on the energy efficiency of a property;
1.9 “DEC” means the Display Energy Certificate which is a report on the actual energy usage of the building;
2.0 “Air Conditioning Inspection” or TM44 Inspection is a report on the efficiency of the air conditioning system.
2.1 “Property” shall mean the address(es) where the assessment(s)/ services will be performed;
2.2 “Services” shall mean the assessment(s) and the production of the EPC(s), TM44 Air Conditioning Reports, DEC(s) and their accompanying reports or Action Plans; Legionella Risk Assessments; Energy Audits and Survey Reports; Condition Surveys and Audits; Asbestos Survey Reports; Thermal Imaging, Water & Air Quality, and Radon Reports; Kitchen Extract Cleaning; and any other services as agreed with the client.
2.3 “EPBD Reports & Certificates” shall mean DECs & Advisory Reports, EPCs & Recommendation Reports, TM44 Reports and Certificates.
2. Engagement
2.1 The fees for the Services will be agreed prior to the assessment(s) or provision of the services.
2.2 The date and the time of the assessment(s) or services will be agreed and confirmed at the time of the acceptance of the Services and will be carried out on the Property.
2.3 Commencement of the services will confirm the Clients acceptance of these terms and conditions for the Services.
3. Accessibility and Health and Safety
3.1 Whilst most surveys, inspections and assessments are non-intrusive, the assessor will require access to all required areas of the Property as notified by the Company in order to correctly carry them out. To this end it is the responsibility of the Client to ensure all required areas are accessible, and this includes but is not limited to all rooms, heaters, fires, boilers, heating & cooling controls and thermostats, hot water cylinders, service metres, plantrooms, air conditioning plant, ceilings voids, cold water tanks, cooling towers, chillers; and external areas of the Property so that the detachment and construction can be assessed. Where intrusive access is required, this will be agreed in advance with the client.
3.2 The Assessor will undertake a visual inspection. Any work at heights will only be undertaken if access is within 3 metres above floor level. If access above this height is required, this must be provided by the Client.
3.3 The Client shall be responsible for the provision of all protective personal equipment other than safety boots, gloves, dust masks and safety goggles, and shall provide risk assessments and method statements where necessary.
3.4 The Client shall make known to the Assessor its health and safety policy and shall ensure that a full induction is given to the Assessor prior to the assessment. Asbestos and Risk registers should be made available to the Assessor prior to the assessment.
3.5 During the course of the assessment, surveys, inspections, and other services, site notes, measurements and photographs will be taken.
4. Client’s Responsibilities
The Client shall:
4.1 be present at the Property for the Appointment unless other arrangements have been made and agreed in writing;
4.2 provide safe access to all areas of the Property;
4.3 make sure all animals are kept under control and do not interfere with the assessment;
4.4 make sure children are kept under control during the assessment. No child under the age of 16 can be left alone to supervise the assessment.
4.5 provide documented evidence of the Property’s build date, construction and building service installations, Asset Register, F Gas Register, drawings and plans, service and maintenance records, previous reports and certificates, and other documentation as requested by the Company in writing.
5. Company’s Responsibilities
The Company shall:
5.1 at all times provide a professional service and comply with the appropriate Accreditation Code of Conduct (a copy of which can be provided upon request).
5.2 arrive at the Property at the agreed time and date;
5.3 contact the Client in the event of any delay;
5.4 collect required data and evidence, or carry out the necessary works to fulfil the Services;
5.5 explain to the Client the ratings and the recommendations of EPC/DEC, etc;
5.6 store all data and conform to the accepted professional and statutory requirements;
5.7 inform the Client when the certificate / Report has been completed and is available to them;
5.8 so far as is reasonably practicable ensure the health, safety & welfare of others is in accordance with the Health & Safety at Work Act 1974 & other statutory requirements & codes of practice which might be in place from time to time;
5.9 comply with the General Data Protection Regulations.
6. Fees and Payment
6.1 The fee is for one EPC, DEC, Air Conditioning Inspection, Legionella Report or other services on the building unless otherwise agreed in writing. The scope of the EPC, DEC, Air Conditioning, legionella Report or other service is based on the information provided by the client at the time of the quotation, and the information made available to us on site at the time of the site visit. Where the size of the building, or quantity, type or complexity of equipment and building services on site is found to vary from the information used to provide the quotation, or when the required access to the building as per clause 3.1 is not provided then this will result in additional costs or charges to the Client.
6.2 The agreed fee will be invoiced by the Company to the Client on completion of the service and must be paid upon receipt of invoice unless stated otherwise on the quotation or invoice. EPBD Reports and Certificates will usually be invoiced with the draft report / certificate and these will be lodged on payment of invoice.
6.3 All payments must be cleared before an EPC, DEC or Air Conditioning Energy Assessment is legally lodged on the Landmark Register, unless agreed otherwise in writing with the Client at the time of the quotation.
6.4 Any cancellation, delay or other default of the payment shall incur interest at a daily rate of 8% above the Bank of England base rate current at the time that the invoice becomes due.
6.5 The Client has no right of set-off against the Company.
6.6 The Client shall be liable for any costs incurred in the recovery of any outstanding payments.
6.7 In the event where there is a discrepancy over any service that is part of works for a number of properties for the Customer, payment for the services for the remaining properties will not be held back.
7. Right to Cancel, Terminate or Re-Appoint
7.1 The Company has the right to terminate or re-appoint the assessment if:
7.1.1 at any point during the agreed contract there is a request not to take notes or photographs;
7.1.2 the Company finds evidence of a gas or electricity risk;
7.1.3 any part of the Property structure poses a risk;
7.1.4 there is inadequate lighting within the premises that poses a risk to the Company’s personnel on-site;
7.1.5 any animal poses a risk or our on-site personnel identify any other potential health and safety risk;
7.1.6 the Property or any part of the Property is inaccessible
7.1.8 the Client attempts to induce an Assessor into providing a more favourable assessment.
7.2 Should termination or cancellation occur under clause 7.1 the Company reserves the right to charge the Client a termination or re-appointment fee which may be in force from time to time. Furthermore, the Client shall also be liable to pay in full for any previous services which have been performed under this agreement.
7.3 If the Client chooses not to re-appoint then the assessment or services cannot be finalised and any required report or certificate will not be produced. The Company reserves the right to charge the client a termination fee.
7.4 The Client has the right to cancel without liability if the company is notified more than 5 working days prior to the site visit or the company fails to arrive at the Appointment and fails to notify the Client under clause 5.3.
8. Cancellation Costs and Additional Visits
8.1 Quoted prices are based on any required site surveys or visits being completed during a single, uninterrupted visit to the site during normal working hours unless otherwise stated in writing. Visits during out of hours will have additional overtime rates applied. NB. Working days: Monday to Friday (but not Public or Bank Holidays), Working Hours: 8.00 am to 6:00 pm.
8.2 Site surveys and visits will be mutually arranged and agreed with you. If for reasons beyond our control they are subsequently cancelled within the following time scales then the following additional fees will apply:-
• 3 – 5 working days notice: 25% of the quoted value plus VAT
• 1 – 2 working days notice:- 50% of the quoted value plus VAT
• Less than 1 working days notice: 75% of the quoted value plus VAT
• On arrival at site 100% of the quoted value plus VAT
8.3 Once on site, if the Company is unable to complete the survey or service through no fault of the company (e.g. access not possible) and an additional or return site visit is required, this will incur an additional charge. This will be agreed with the client prior to the return visit.
8.4 The quoted fee is for production of one EPC Report and Certificate for one building unless otherwise stated in writing. The client must check the draft certificate and report to ensure address details are correct. Green Zone Surveys can edit addresses on lodged reports and certificates but a re-lodgement fee of £30 + VAT will be applied.
9. Liability and Insurance
9.1 The Company shall not be liable for:
9.1.1 any damage or loss of any description howsoever arising from the failure or delay relating to the performance of the Services.
9.1.2 any damage or loss howsoever arising that the Client may suffer after the Assessor has vacated empty or unoccupied Property or conducted an assessment in the absence of the contact subject to clause 4.1.
9.1.3 any damages or loss howsoever arising including but not limited to the devaluation of a Property.
9.2 The Client shall maintain and provide upon request details of their insurance policies which for the avoidance of doubt should include employers liability, public and property cover. From time to time the Company will use strategic partner companies and subcontractors to carry out some works and services on behalf of the Company. These works and services will be covered under the insurance policies of the strategic partner companies and subcontractors.
9.4 Notwithstanding clause 9.2, the Company will also maintain insurance cover in accordance with the relevant Accreditation Code of Conduct requirements, or as agreed with the client in writing.
10. Complaints Procedure
10.1 If a Client feels the service or report is incorrect or defective the Company will seek to immediately address and resolve any initial complaints by telephone, email or in person. Should the Client still be unhappy, any complaint should then be notified directly to the Company by writing to the head office. Acknowledgement of the complaint will be made within 7 days.
10.2 The Client has the right to ask for a re-assessment and the Company shall provide an Assessor to perform this.
10.3 If, after the re-assessment the original EPC/DEC/Air Conditioning Energy Assessments is found to be inaccurate then a new certificate will be issued free of charge to the Client. If, after the re-assessment the original EPC/DEC is found to be true and accurate then the Client will be charged the re-assessment fee.
If the Client is still dissatisfied with the Service then the complaint can be referred by the Client to the appropriate Accreditation Body for investigation. The Company will advise of the Accreditation Body’s contact details should the need arise.
11. EPC Term and Third Party Rights
11.1 The EPC and its accompanying recommendations can remain valid for a period of 10 years unless there is a substantial change to the Property that affects its energy performance although no warranty is given to this effect.
11.2 The DEC can remain valid for one year (or 10 years for 250 – 1000 sqm buildings). Its accompanying Advisory Report remains valid for 7 years (or 10 years for 250 – 1000 sqm buildings). Air Conditioning Energy Assessments remain valid for 5 years (in Scotland this can vary from 3 to 5 years).
11.4 Whilst the EPC/DEC/ Air Conditioning Energy Assessments and other reports provided by the Company can be transferable between the owners of the Property, a person who is not a party to this Agreement has no rights under the Contract (Rights of Third Parties) Act 1999.
12. Floor Plans
12.1 Where prepared and provided to the Client by the Company, floor plans are only for the purpose of assisting with the marketing of the property for sale or let. They are not drawn to scale unless otherwise stated and some elements of the floor plans may be simplified with unnecessary detail eliminated. Copyright of the plans remains with Green Zone Surveys Ltd. No responsibility is accepted for unauthorised use.
13. Additional Terms for Display Energy Certificates (DECs) and Advisory Reports (ARs).
13.1 Our fee covers all the aspects of the production of the Display Energy Certificates and / or Advisory Reports from site survey, first draft stage and final lodgement, and includes the lodgement and registration fees.
13.2 Display Energy Certificates cannot be completed without the previous 12 months energy consumption data, therefore site visits for DECs, if required, will only be arranged when we have received the following information:-
Copies of the most recent 12 months consumption data for ALL main billable utilities – Gas, Electricity, Oil, LPG, Solid Fuel, etc (and any renewables if available) in kWh’s or other clearly defined units; or
A LETTER OF AUTHORITY giving us permission to contact all the customers Utility Suppliers directly to obtain the relevant consumption data (this is standard industry practice for obtaining consumption data, particularly for large portfolios) & a copy of the bills for at least one recent month of all the main energy bills showing the name and contact details of the Utility Supplier and the MPAN or MPR meter numbers or other relevant information required to provide a valid Display Energy Certificate.
Note: If 12 months consumption data for renewables is not available, the DEC will still take into account their contribution on the basis that consumption of the main fuels will be reduced as a consequence, even though specific information regarding the renewables will not be included on the DEC.
Details of any billable meters that service other buildings as well as this one (shared meters).
Floor plans for this building.
Floor plans, if available, for other buildings sharing main billable meters with this building.
Note: Upon receipt of a Letter of Authority, the Company will make all reasonable attempts to contact the Customer or utility suppliers to obtain the necessary energy consumption data for a period of 60 days from the date of the Purchase Order, after which we will invoice 50% of the invoice value. The DEC will be completed on final receipt of required information.
13.3 If, once on site, additional buildings requiring a DEC or AR are found and which are not covered in our quotation the Company will endeavour to contact you to provide a quotation whilst on site.
14. Additional Terms for Energy Performance Certificates
14.1 Our fee covers all the aspects of the production of the EPC from site survey, first draft stage and final lodgement, and includes the lodgement and registration fees. Should the initial rating fall into the Sub-Standard (F+G rating) category we can, for an additional fee, offer guidance on the Minimum Energy Efficiency Standards to advise on compliance.
14.2 In most cases sufficient information can be gathered from a site survey of the premises, however, where available, the Company requests that any of the information listed below be made available prior to preparation of the draft EPC to ensure we can model the premises and its building services as accurately as possible. In absence of this specific information we will use site measurements, and default or calculated values in compliance with the approved Non-Domestic EPC methodology.
The following information may be available in the building’s logbook or maintenance manual and could be important in regard to the Minimum Energy Efficiency Standards (MEES) particularly of larger complex buildings:
• Floor plans.
• Building Fabric – U-Values or type and thickness of wall, floor and roof insulation and glazing details.
• Dates of construction, refurbishment and improvements, and extensions.
• Heating, Ventilation and Air Conditioning Systems – Equipment seasonal and nominal efficiencies, Specific Fan Powers, Heat Recovery systems, types of controls.
• Lighting – design plans, lamp type and model number information, lamp or luminaire efficacies.
• Hot water – type and capacity of hot water storage and / or heaters, efficiencies, standing losses.
– Ideally for large buildings, architectural, mechanical, electrical and lighting plans, schematics and specifications should be made available where possible.
15. Additional Terms for Radon Surveys.
15.1 Quoted prices are based on Radon Sensors being placed in position on site during a single, uninterrupted visit to the site unless otherwise stated in writing and similarly sensors are to be retrieved during a single, uninterrupted return visit to the site.
15.2 Floor plans are required to determine the quantity and location of sensors.
15.3 Note: 50% of the invoice total will be invoiced after the sensors have been placed in position in the premises.
15.4 Should any sensor be displaced, damaged or rendered unusable prior to be being retrieved by the Company, an additional visit may be required for positioning and retrieving replacement sensors. Should an additional visit(s) be required in order to place or retrieve sensors, for reasons beyond our control, then an additional site visit charge(s) will apply.
16. Additional terms and conditions for TM44 Air Conditioning Inspections.
16.1 Our fee covers all the aspects of the production of the TM44 Air Conditioning Inspections from site survey, first draft stage and final lodgement, and includes the lodgement and registration fees unless stated otherwise in writing.
16.2 In many cases sufficient information can be gathered from a site survey of the premises, however, where available and particularly for buildings with centralised air conditioning and ventilation systems, the Company requests that the information listed below shall be made available on site or prior to preparation of the draft report to ensure we can assess the air conditioning systems as accurately as possible. In absence of this specific information we will use site measurements, and default or calculated values in compliance with the approved TM44 methodology.
The following information may be available in the building’s logbook or maintenance manual:
• Floor plans
• Itemised list of installed air conditioning and refrigeration plant including product makes, models and identification (often found on an Asset or ‘F’ Gas Register).
• Cooling capacities, with location of the indoor and outdoor components of each plant (often found on an Asset or ‘F’ Gas Register).
• Central and local Air Handling Units, Air Conditioning Systems – Equipment seasonal and nominal efficiencies, design air flows, details including Specific Fan Powers, Heat Recovery systems, types of controls.
• Description of system control zones, with schematics.
• Description of method of control of temperatures and periods of operation.
• Ideally for large building, mechanical, electrical and air conditioning schematics and specifications should be made available where possible.
• On-site access to maintenance and service records.
16.3 Our quotation will be based on the information provided by the Client. If whilst on site we determine that additional equipment must be inspected in order to comply with TM44 sampling requirements this may incur an additional charge.
17. Applicable Law
17.1 This Agreement is governed by the laws of England and the Parties will submit exclusively to this jurisdiction.
