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Energy Assess UK Ltd
Registered in England and Wales Company Number 6304746
Terms & Conditions
These are the terms and conditions for our supply of any Energy Performance Certificate for the commercial property specified by you. By ordering you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use our services.
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Energy Assess UK Limited (we) are registered in England under company number 6304746. Our trading address is at 5 Bryanstone Close, Guildford, Surrey GU2 9UJ.
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Commissioning an Energy Performance Certificate
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By commissioning an Energy Performance Certificate through our company, you warrant that: (a) you are legally capable of entering into binding contracts; and (b) you are at least 18 years old.
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How the contract is formed between you and us
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Our company allows you to request details of costs for the preparation of an Energy Performance Certificate for the property specified, by telephone, e-mail or in a letter by post. We will respond to you by e-mail or letter by post, giving you a quote based on the information you have provided to us. All costs quoted by us are valid for 30 days only. You can then decide if you wish to place an order on that costs basis via e-mail or letter by post.
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After placing an order to commission an Energy Performance Certificate, you will receive an email or letter by post from us acknowledging that we have received your order. All orders are subject to acceptance by us, when we will send you an e-mail or letter by post confirming that we have accepted your order.
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If you have asked us to supply more than one Energy Performance Certificate, the same acceptance procedure will apply to each individual Energy Performance Certificates.
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The price of any Energy Performance Certificates is as quoted to you by us in an e-mail or in a letter by post. These prices include electronic delivery to you via e-mail only. Additional charges apply if you require the Energy Performance Certificates to be sent to you by any other means.
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If you have been quoted an incorrect price by us in error for an Energy Performance Certificate, we are by no means obligated to supply you with an Energy Performance Certificate at the incorrectly quoted price.
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Payment for the Energy Performance Certificate will always be made by you to us within 14 days of the invoice being raised.
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Rights of Cancellation
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You have a cooling-off period in which you can withdraw from the contract for any reason, subject to the provisions in 5.2 below. This cooling-off period ends seven working days from the day after the contract was concluded and you receive our Order Acceptance in accordance with clause 3.1 above. If you wish to cancel you order you must notify us within the prescribed period by e-mail or letter by post. This provision does not apply to business to business transactions.
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The cooling-off period and the right to cancel will not apply where; (a) an Energy Performance Certificate has already been issued to you; and (b) you have already opened any emails or sealed envelope containing an Energy Performance Certificate or; (c) we begin the preparation of an Energy Performance certificate, by agreement with you, before the cooling off period ends.
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Subject to clause 5.6, contracts cancelled by you within the seven day cooling-off period will be refunded in full, excluding any costs of posting the Energy Performance Certificate to you. However, you will be responsible for the cost of returning any Energy Performance Certificate to us.
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We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation.
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Any cancellations or refunds for Energy Performance Certificates other than in accordance with the cooling-off period referred to above will be at our sole discretion.
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If you cancel the contract you will remain liable for the cost of any third party reports already ordered or obtained by us on your behalf in accordance with the provisions of clause 7.
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This clause 5 does not affect your statutory rights.
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Information provided by you to us
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You will be asked by us to provide us with information about your property that we deem necessary to produce an Energy Performance Certificate once we have accepted your order. The specific questions we ask will vary from property to property. We will ask for this information in an e-mail or in a letter by post or in person.
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You will be required to provide the information by e-mail or in a letter by post or in person.
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Unless there are exceptional circumstances, your contract for an Energy performance Certificate will normally be fulfilled by delivering to you by email an Energy Performance Certificate within ten days of you receiving from us an Order Acceptance form.
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The timescale in 6.4 is for guidance only and we shall not be responsible for delays owing to holiday periods or other causes outside our reasonable control.
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We shall not be liable for any losses of any customer information forms sent to us and you are advised to take copies of all items prior to sending them to us.
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Information provided by you to us will form part of the publicly-available Energy Performance Certificate upon which reliance may be made by potential or actual buyers, mortgage lenders and other interested parties. It is imperative that all information provided by you to us is as accurate and complete as possible. You may be held liable for any false, misleading, inaccurate or incomplete information you provide.
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You agree to notify us immediately if you become aware of any information that you have provided to us is incorrect, inaccurate, false or misleading.
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If you provide us with an incorrect address for the Energy Performance Certificate, you will still be liable to pay our fees once a contract has been made between us
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Our Liability
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Energy Assess UK Limited are not responsible to you for any data that you lose from any E-mail we have sent you although we will where possible re-submit any such Data to you by E-mail free of charge. You acknowledge that you have the means to back up and save any Data sent by us to you by E-mail and you acknowledge that you have saved any Data that you have sent to us by email.
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We accept no liability for any loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of data, loss of time or any consequential loss or damage of any kind whether caused by breach of contract, negligence or otherwise.
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Communications
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Certain applicable laws require that some of the information we send to you should be in writing; you accept that our communications with you will from time to time be electronic. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, information and notices that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
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Cancellation by us
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Energy Assess UK Limited reserves the right to refuse to accept your order for an Energy Performance Certificate for any reason, and we do not have to give you a reason why we have refused your order for an Energy Performance Certificate.
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We reserve the right to cancel our contract with you at any time if you give us reasonable grounds to believe that you have supplied us with incorrect, false or misleading information or if we believe you may do so in the future. If we cancel our contract with you we will notify you by e-mail or letter by post.
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Unexpected Events
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Energy Assess UK Limited will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract caused by events that are outside of our reasonable control.
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Examples of these events could be (but not limited to) outbreak of Civil War (whether declared or not), National power outages, industrial disputes, extreme weather conditions, theft of equipment and hostile Computer acts.
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Notices
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All notices given by you to us must be given to Energy Assess UK Limited at 5 Bryanstone Close, Guildford, Surrey GU2 9UJ or email to: info@energyassessuk.com
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We will give any notices to you from us by Email or letter by post.
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We will deem any notices given by us as received and served 24 hours after an email is sent or 3 working days after a letter has been posted by us.
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Severability
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If any of these terms and conditions or any of the provisions of a contract are deemed by any competent authority to be invalid, unlawful or unenforceable, such term, condition or provision will to that extent be severed from the remaining terms and conditions, which will continue to be valid to the fullest extent permitted by law.
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This Document
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These terms and conditions and any document referred to in them set out the entire agreement between us in relation to any contract. These terms and conditions and any document referred to in them supersede any prior agreement, understanding or arrangement between us whether orally or in writing.
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Energy Assess UK Limited has the right to revise these terms and conditions form time to time.
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You will be subject to the policies, terms and conditions in force when you order a Home Information Pack or Energy Performance Certificate from us, unless we are required by law to make any changes to comply with any laws.
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The Law
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These terms and conditions and any contracts for the purchase of Energy Performance Certificates (which are provided only for properties in England and Wales) through Energy Assess UK Limited will be covered by English law. Any dispute arising from, or related to, such terms and conditions or contracts shall be subject to the non exclusive jurisdiction of the courts of England and Wales, although we retain the right to bring proceedings against you for breach in your country of residence or any other relevant country.
Energy Assess UK Ltd is a registered company in England and Wales: 6304746
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