Green Zone Surveys (UK) Ltd

Terms and Conditions of Business

  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” 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.
  1.  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.
  1.  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.
  1.  Client’s Responsibilities

The Client shall: 4.1 be present at the Property for the Appointment unless other arrangements have been made an 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 don’t 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.
  1.  Assessor’s Responsibilities

The Assessor shall: 5.1 at all times provide a professional service and comply with the 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 to fulfil the Services; 5.5 explain to the Client the ratings and the recommendations of the 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 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 Data Protection Act
  1.  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 or legionella Report is based on the information provided by the client at the time of the quotation, and the information made available to the inspector on site at the time of the inspection. 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 may result in additional costs or charges to the Client. 6.2 The agreed fee will be invoiced by the Assessor to the Client following the Site Assessment and must be paid within 14 days of the invoice unless otherwise agreed in writing. 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 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 EPC/DEC/Air Conditioning Energy Assessment that is part of a number of properties being assessed for the Customer, payment must not be held back for the remaining EPC’s/DEC’s/Air Conditioning Energy Assessments.
  1.  Right to Cancel, Terminate or Re-Appoint

7.1 The Assessor 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 Assessor 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 dwelling that poses a risk to the Assessor; 7.1.5 any animal poses a risk to the Assessor; 7.1.6 the Property or any part of the Property is inaccessible; 7.1.7 the Assessor identifies a potential health and safety risk; 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 any previous EPC’s/DEC’S/Air Conditioning Energy Assessments which have been performed under this agreement. 7.3 If the Client chooses not to re-appoint then the assessment cannot be finalised and the EPC/DEC/Air Conditioning Energy Assessments 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: 7.4.1 the Assessor is notified at least 24 hours prior to the Appointment; 7.4.2 the Assessor fails to arrive at the Appointment and fails to notify the Client under clause 5.3.
  1.  Liability and Insurance

8.1 The Company shall not be liable for: 8.1.1 any damage or loss of any description howsoever arising from the failure or delay relating to the performance of the Services. 8.1.2 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. 8.1.3 any damages or loss howsoever arising including but not limited to the devaluation of a Property. 8.2 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. 8.3 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. 8.4 Notwithstanding clause 8.2, 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.
  1.  Complaints Procedure

9.1 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. 9.2 The Client has the right to ask for a re-assessment and the Company shall provide an Assessor to perform this. 9.3 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. 9.4 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.
  1.  EPC Term and Third Party Rights

10.1 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. 10.2 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). 10.3 Air Conditioning Energy Assessments remain valid for 5 years (in Scotland this can vary from 3 to 5 years). 10.4 Whilst the EPC/DEC/ Air Conditioning Energy Assessments 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.
  1. Floor Plans 

    where provided, 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.
  1.  Applicable Law

This Agreement is governed by the laws of England and the Parties will submit exclusively to this jurisdiction.