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Order an Energy Performance Certificate
EPC for Agents
Agent's Order Form
Name of Company:
(if applicable)
*Your name:
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BY SUBMITTING THIS FORM YOU AGREE TO THE FOLLOWING TERMS
Terms of Business for provision of Rental EPC to Letting Agent 1 General 1.1 These terms of business and Schedule of Work ("Terms") are the sole defining document governing the provision of the Services (as defined in Clause 2) by Manor Lettings ("the Provider") to the Letting Agent ("Agent") in respect of the property ("Premises") belonging to a client of the Agent ("LL") & rented out to a tenant ("Tenant"), or being prepared for rental. 1.2 The Terms supersedes any purchase order issued by the Agent and all proposals, terms & conditions, statements, representations or warranties made by or between the Provider and the Agent ("Parties") relating to the Services. No variation is valid unless agreed in writing by the Parties. 1.3 Full details of the DEA, Agent, LL, Tenant, Services, Premises, appointment time, timetable & method of delivery of the Energy Performance Certificate & Recommendation Report ("EPC") will be detailed in the Schedule of Work ("Schedule") which will be provided and form part of the Terms between the Parties. 2 The Services 2.1 The Services shall consist of the appointment by the Provider of a qualified Domestic Energy Assessor ("DEA") to carry out an assessment of the Premises and subsequent submission of an EPC to the Provider. 2.2 The DEA will not provide: a) a survey, condition report or property valuation; b) any professional services other than those related to the provision of an EPC. Any such additional services will be dealt with by a separate contract. 2.3 The DEA will undertake a visual assessment and will not look at parts of the Premises which are covered, unexposed or inaccessible. The DEA will not pull up carpets or floor boards, or test the services within the Premises. Lofts will only be visually inspected if it is safe to do so, access is within 3 metres of floor level & it will not damage the Premises. 3 Statutory Terms for the Preparation of an EPC ("Statutory Terms") 3.1 The EPC will be prepared by the DEA with reasonable skill and care. 4 Fees & Payment Terms 4.1 The Fees payable for the Services are �95 with the payment terms detailed in the Schedule. These will be based on the information provided by the Agent and may be altered by a reasonable amount without notice if the Premises are found to be significantly different in type or description. 4.2 Interest may be charged on any outstanding Fees from the due date for payment until the date the cleared payment is received at the statutory rate from time to time. 4.3 Right of Setoff - The Agent will only be entitled to claim a right of retention or set-off insofar as the counterclaim on which said right is based has been ruled on finally and conclusively by the Courts or is not in dispute. 5 Cancellations or Postponement 5.1 If the appointment is cancelled by the Agent, LL or Tenant on the day of the appointment for whatever reason, a �50 cancellation fee will be payable to the Provider. 5.2 If the DEA is required to postpone the assessment of the Premises on the appointment day due to the failure of the Agent to abide by its obligations under the Terms (even if due to the default of the LL or Tenant), the Fees may at the Provider's entire discretion be increased by up to 50%. 5.3 The Provider may postpone the assessment if the DEA notifies the Provider that they are unable to undertake the assessment due to a conflict of interest. 6 Warranty & Complaints 6.1 The Provider warrants that the DEA will carry out the assessment in accordance with all legal requirements, the requirements of the DEA's Accreditation Scheme ("Scheme") & any relevant Code of Conduct. 6.2 Except as expressly set out in Clauses 3.1 and 6.1, all warranties, terms & conditions, whether oral or written, express or implied by statute or otherwise which might have imposed obligations on the Provider in relation to the Services will be excluded to the fullest extent permitted by law. 6.3 The Provider will provide a high level of customer care at all times. 6.4 In the unlikely event of any complaint about the assessment, the Provider will ask the DEA to resolve the complaint by telephone, email or in person as quickly as possible. If the Agent is unhappy with this response they should write to the Provider with full details of the complaint within 5 working days. These details will be given to the DEA who will be asked to respond within 15 working days to allow for holidays. If the Agent is dissatisfied with this response the matter can be escalated to the Scheme. A copy of the DEA's complaints handling process will be available from the DEA on request. This does not affect the Agent's legal rights. 7 Agent's Obligations 7.1 The Agent will at its expense provide all such information & co-operation as is reasonably required to enable the Provider to provide the Services, and the DEA to undertake the assessment. This shall include requiring the LL or Tenant: a) to give clear and safe access to all of the Premises, and ensure that it is safe for the DEA to turn on taps and light switches; b) not to leave any child under the age of 16 alone to supervise the assessment; c) to complete and sign any written Questionnaire provided to the LL or Tenant by the DEA, setting out information about the Premises. 8 Insurance - The Provider will maintain insurance adequate to provide cover in accordance with sound business practice in connection with its obligations under these Terms. In addition, the DEA will be required to maintain insurance cover in accordance with the requirements of the Scheme and the minimum terms set by Department of Communities & Local Government. 9 Liabilities 9.1 Notwithstanding anything to the contrary in these Terms, the liability of the Parties under or in connection with these Terms, whether arising from contract, negligence or howsoever will be limited as set out in this Clause 9. 9.2 The liability of the Parties is unlimited in respect of any liability arising from: a) death or personal injury caused by the negligence of the Party; b) any proven fraud on the part of the Party. 9.3 The aggregate total liability of the Provider is limited to two hundred and fifty thousand pounds (£250,000) in respect of any claim for loss of, or physical damage to, the Agent's, LL's or Tenant's tangible property caused by the negligent or wilful act or omission of the DEA. 9.4 In respect of any other liability not otherwise covered by this Clause 9, the aggregate total liability of each of the Parties is limited to fifty thousand pounds (£50,000). 9.5 Neither of the Parties will be liable for any special, consequential or indirect damages, loss of profits (including direct loss of profits), loss of business, loss of revenue, loss of goodwill or loss of anticipated savings arising out of or in connection with the Terms. 9.6 The Provider will not be liable for any loss or damage caused, or contributed to, by a breach of the Agent's obligations, including any breach due to the actions or omissions of the LL or Tenant. 9.7 The Parties accept that the Fees have been set in relation to the risks being assumed by Parties under the Terms, and that accordingly these limitations on liability are reasonable. 10 Confidentiality & Data Protection 10.1 An EPC prepared by the DEA, and supporting notes & photographs may be uploaded to the DEA's Scheme & thereafter entered onto the Register of EPCs. 10.2 Subject to Clause 10.1 and any other contrary legal obligation: a) Both parties shall comply with their obligations under the Data Protection Act 1998. The Agent, LL and/or Tenant will be entitled to see any of their Personal Data held by the DEA; b) All personal information relating to the DEA, Agent, LL and/or Tenant will be treated as private & confidential by both parties, and will not be disclosed to any other parties without written consent; c) How the Agent's, LL's and/or Tenant's Personal Data will be used by the DEA will be detailed in the Special Conditions in the Schedule. 11 Force Majeure - Except for any payment obligation imposed on the Agent, neither party will be liable for a delay in performing, or for a failure to perform, obligations if that delay or failure is caused by circumstances beyond the reasonable control of that party including errors caused by the government approved software program used by the DEA to make the assessment. 12 Third Party Contractual Rights 12.1 The LL and a potential or actual Tenant of the Premises may enforce the Statutory Term in Clause 3.1, and the Agent shall notify the LL and/or Tenant of this entitlement. 12.2 In relation to any other Terms, a person who is not a party to the Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms. This does not affect any right or remedy of a third party that exists, or is available, apart from that Act. 13 Applicable Law - The laws of England will govern the Terms, and the Parties submit to the exclusive jurisdiction of the English courts. 14 Regulation Details of the DEA's accreditation shall be provided to the LL in writing with or prior to delivery of the EPC.
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