TERMS & CONDITIONS - INDEPENDENT EPC SERVICES (Highland)
These are the Terms and Conditions for our supply of any commissioned Domestic Energy Performance Certificate(s) (EPC) and Green Deal Advice Report(s) (GDAR)and any other service that from time to time we may provide. By ordering our product(s), you agree to be bound by these Terms and Conditions and that shall supersede and override all other warranties, representations and Terms and Conditions whether express or implied, oral or written.
1. Information about us:
1.1 Independent EPC Services (Highland)
Trading address: 6 Ardgowan, Croy, Inverness, IV2 5PA
2. Commissioning of our Product(s):
2.1 By commissioning our product(s) through our Company, You warrant that: (a) you are legally capable of entering into a binding contract(s); and (b) you are at least 18 years old.
3. How the Contract is formed between you and us:
3.1 Our Company allows you to request details of costs for the preparation of our product(s). We will respond to you by email or 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.
3.2 After placing an order you will receive an email from us acknowledging that we have received your order. The email acknowledgment is our acceptance of your order ‘Confirmation of Order Acceptance’. Your order constitutes an offer made by you to purchase our product(s). All orders are subject to acceptance by us.
3.3 If you have asked us to supply more than one of our products, the same acceptance procedure will apply per product.
4. Price and Payment:
4.1 The price of our product(s) is/are as quoted to you. These prices include electronic delivery to you via email only, unless otherwise stated. Additional charges apply if you wish to receive your product by any other means.
4.2 If you have been quoted an incorrect price by us in error, we are by no means obligated to supply you with the product at the incorrectly quoted price.
4.3 Invoiced amounts shall be payable by you prior to the EPC being lodged on the Register for Scotland. Invoiced amounts shall be due and payable within 7 days of receipt of invoice, unless otherwise stated, before the EPC is lodged on the Register for Scotland. Independent EPC Services (Highland) shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8.00% per annum above the base rate of the Bank of England.
4.4 If you are in arrears for 30 days after the agreed due date, a letter will be sent notifying you of this, and a further letter every 30 days thereafter. We will charge you the sum of £25 per letter in respect of notifying you of outstanding amounts.
4.5 You must pay us any reasonable expenses and costs that we may incur in tracing you, if you move address without first notifying us. In addition, You must pay Us any reasonable expenses and costs We may incur in taking other steps to enforce, or attempt to enforce through a Debt Recovery Agency. Our rights against You under this Agreement, and You will be charged interest as stated in clause 4.3, both before and after judgment, from the date payment falls due until payment is made.
5 Rights of Cancellation:
5.1 As a Consumer 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 7 working days from the day after the contract was concluded and you receive our ‘Confirmation of Order Acceptance’ in accordance with clause 3.1 above. If you wish to cancel your order you must notify us within the prescribed period by email or post. This provision does not apply to business to business transactions.
5.2 If you are a Consumer, the cooling-off period and the right to cancel will not apply where:
(a) The product(s) has/have already been issued to you; or (b) We began the preparation of the product or carried out the property assessment, by agreement with you, before the cooling-off period ends.
5.3 Any cancellations other than in accordance with the cooling-off period referred to above will be at our sole discretion.
5.4 This clause 5 does not affect your statutory rights.
6. Information provided by you to us:
6.1 You will be asked by us to provide us with information about your property that we deem necessary to produce the product(s) 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 email or in person.
6.2 Unless there are exceptional circumstances, your contract for the product(s) will normally be fulfilled by delivering to you the product(s) by email within ten days of you receiving from us ‘Confirmation of Order Acceptance.
6.3 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.
6.4 Information provided by you to us will form part of the product(s) upon which may be made available to potential or actual buyers, tenants and other interested parties. It is imperative that all information provided by you to us is as accurate and complete. You may be held liable for any false, misleading, inaccurate or incomplete information you provide.
6.5 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.
6.6 If you provide us with an incorrect address for a product, you will still be liable to pay our fees once a contract has been made between us.
7. Our Liability:
7.1 Independent EPC Services (Highland) are not responsible to you for any Data that you lose from any email we have sent you although we will where possible re-submit any such Data to you by email free of charge. You acknowledge that you have the means to back up and save any Data sent by us to you by email and you acknowledge that you have saved any Data that you have sent to us by email.
7.2 We shall not be liable for any use made of your product(s) or any information contained in it by third parties once your product has been made available to the public by any means.
7.3 Subject to clause7.4, our entire liability to you in respect of these Terms and Conditions or any contract shall be limited up to £250,000 which represents the level of our insurance cover and you are responsible for making your own arrangements for the insurance of any excess if required.
7.4 Clause 7.3 does not include or limit in any way our liability for (a) death or personal injury caused by our negligence; (b) for fraud or fraudulent misrepresentation by us; or (c) for any other matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.1 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 or verbal. For contractual purposes, you agree to this electronic or verbal means of communication and you acknowledge that all contracts, information and notices that we provide to you electronically or verbally comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9. Cancellation by us:
9.1 Independent EPC Services (Highland) reserves the right to refuse to accept your order for our product(s) for any reason, and we do not have to give you a reason why we have refused your order for the product.
9.2 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 email or post.
10. Unexpected Events:
10.1 Independent EPC Services (Highland) 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.
10.2 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.
11.1 All notices given by you to us must be given to Independent EPC Services (Highland) at 6 Ardgowan, Croy, Inverness, IV2 5PA.
11.2 We will give any notices to you from us by email or letter by post.
11.3 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.
12.1 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.
13. This Document:
13.1 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.
13.2 Independent EPC Services (Highland) has the right to revise these Terms and Conditions from time to time.
13.3 You will be subject to the policies, Terms and Conditions in force when you order the product from us, unless we are required by law to make any changes to comply with any laws.
14. The Law:
14.1 These Terms and Conditions and any contracts for the purchase of any of our product(s) (which are provided only for properties in Scotland) through Independent EPC Services (Highland) will be covered by Scottish 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 Scotland, although we retain the right to bring proceedings against you for breach in your country of residence or any other relevant country.
15 Third Party Websites:
15.2 Where Energy Saving Costs is given, they are for guidance purposes only and should not be construed to be neither a quotation nor an estimate.
16. Questions and Complaints:
16.1 If you have a question or complaint please contact us directly using the details below:
Independent EPC Services (Highland)
CROY, inverness, IV2 5PA
Telephone: 01667 493 819
Our aim is to provide you with a high level of service at all times. However if you are not satisfied, please contact us the above address or telephone number. In the event that you remain dissatisfied, you may be eligible to refer your case to Elmhurst Energy Accredition Scheme. You will be informed of how to do this at the appropriate stage of the complaints process.
Evening and Weekend appointments available.
Telephone: 01667 493 819 Mobile: 07909 114 117