1st Call DEA
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Terms and Conditions
These terms and conditions of business represent the agreement between you the client and 1st Call DEA. No variation of these terms shall be made without mutual consent of both parties.
It is important that the client reads and fully understands this document and also fully reads the Conditions of Engagement as it establishes the working relationship between both parties. The client is encouraged at any time to seek clarification on any matter contained within these documents. The definition of “Client” herein all documentation with reference to 1st Call DEA refers to person, company, third party, agent or any other party acting on behalf of.
1. Engagement
1.1 Price of assessment will be agreed prior to assessment.
1.2 The date and time of assessment will be agreed and confirmed in writing before assessment commences.
1.3 Assessment will be carried out on the agreed address, property, type and size.
1.4 The assessment is non intrusive.
1.5 The assessor will require access to all areas of the dwelling including loft space.
1.6 It is the client responsibility to ensure all areas are accessible for assessment this includes: - all radiators, heaters, fires, boilers, hot water cylinders, gas and electric meters, it is advisable for the client to open the loft space access for the assessor. Inaccessible loft space will record as “no access” & insulation “unknown”.
1.7 Areas to be assessed and have not been made available will not be included in the assessment.
1.8 Site notes and photographs will be taken during the assessment.
1.9 Enter collected data from assessment into the software and upload to the national database and produce the Energy Performance Certificate.
1.10 Inform the client that the Energy Performance Certificate has been completed and is available to them.
1.11 Explain the ratings and recommendations of the Energy Performance Certificate.
1.12 Store all data and conform to the accepted professional and statutory requirements.
1.13 On any instruction to provide a Home Information Pack an assessor under the instruction of 1st Call DEA will carry out the energy assessment for the purpose of producing a certificate.
2. Fees and Payment
2.1 The cost of the Energy Performance Certificate/Home Information Pack will be agreed on the initial enquiry.
2.2 The fee is for one Energy Performance Certificate/Home Information Pack on the agreed property.
2.3 The agreed fee will be paid in full either by Credit/Debit Card, all payments will be in pounds sterling.
2.4 All payments must clear before an Energy Performance Certificate is generated or a Home Information Pack is compiled.
2.5 Any cancellation, delay or other default of any such payment shall incur interest at a daily rate of 5% above the base rate of Barclays Bank plc.
2.6 The Client undertakes not to withhold any payment due to 1st Call DEA arising out of any service or application hereunder on any grounds, including the existence of any dispute between the Client and 1st Call DEA or any other party regarding an application or any other matter.
2.7 On any instruction to compile a Home Information Pack or Energy Assessment all payments will be in full and cleared before work will commence. Payment will be as defined in Section 2.3
2.8 Should your HIP require something that you’ve not paid for such as, we find out “common hold” documents are required there will be an additional £150.00 added to the original HIP price. If it is found that the property requires “unregistered property documents” there will be an additional £50.00 added to the original HIP price. The need for these documents is pretty rare and may only occur in around 5% of cases.
2.9 You will pay for any outstanding monies as a result of supplying incorrect information.
3.1 If at any point during the agreed contract there is a request not to take notes or photographs the assessment will be terminated.
3.2 The assessor will not enter the property in the event of a gas or electricity risk and will terminate the assessment on such findings.
3.3 The assessor will terminate the assessment if any part of the dwellings structure poses a risk.
3.4 If there is inadequate lighting within the dwelling that poses a risk to the assessor the assessment will be terminated.
3.5 If any animals pose a risk to the assessor the assessment will be terminated.
3.6 The client will pay the contractual agreed fee in full should the assessor have to terminate for any reason outlined herein.
3.7 The client has a right to cancel a signed agreed appointment and must do so in writing.
3.8 A client cancelling a signed agreed assessment and failing to give 24 (twenty four) hours notice before the agreed date (not time) will incur a penalty of £50.00 (fifty).
3.9 A client cancelling a signed agreed assessment and giving 24 (twenty four) hours notice or more before the agreed date (not time) will incur a penalty of £10.00 (Ten).
3.11 The assessor has the right to cancel if they are unable to gain access to the property at the agreed time and date.
3.12 In any event where a contact wont be present at the property to be assessed it is the clients responsibility to provide in writing where the keys (and how many) will be collected from and provide any security codes were necessary.
3.13 All keys returned must be signed for.
3.14 Any notice to be given by either party to the other may be served by email, or by post to the address of the other party and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
4.1 Be present at the property at the agreed date and time unless other arrangement have been made and agreed in writing. (Section 3.14)
4.2 To provide safe access to all areas of the dwelling. (Section 1.6)
4.3 Make sure all animals are kept under control and don’t interfere during assessment.
4.4 Make sure children are kept under control during the assessment (equipment used for the assessment may cause harm in the wrong hands).
4.5 Provide documented evidence of the property’s build date, any replacement windows, extensions, insulation, cavity wall insulation, room in loft, combi/boiler installation. If you have trouble finding any of the documentation don’t worry. The more documents you can find the more information can be recorded.
4.6 It is the client responsibility to ensure all areas are accessible for assessment this includes: - all radiators, heaters, fires, boilers, hot water cylinders, gas and electric meters, it is advisable for the client to open the loft space access for the assessor. Inaccessible loft space will record as “no access” & insulation “unknown”.
5.1 At all times provide a professional service.
5.2 Arrive at property at agreed time and date.
5.3 Contact the customer in the event of any delay.
5.4 Carry out a professional methodical assessment.
5.5 Collect required data and evidence to produce an Energy Performance Certificate.
5.6 Produce certificate and inform the customer of the same.
5.7 Clarify any questions the customer may have.
6.1 1st Call DEA recognises the Client’s statutory rights.
6.2 1st Call DEA shall not be liable for any loss or damage of any description whatsoever arising from the failure or delay in any agreed or not agreed assessment.
6.3 1st Call DEA shall not be liable for any loss or damage whatsoever that the Client may suffer as a result of 1st Call DEA being unable to fulfil any of it's obligations herein due to the occurrence of an event of force majeure.
6.4 1st Call DEA shall not be liable for any loss or damage whatsoever that the Client may suffer after the assessor has vacated empty or unoccupied property or conducted an assessment in the absence of a contact.
6.5 In any event where the client feels the certificate information is not accurate they may follow the procedure as outlined in section 8 (complaints procedure).
6.6 If a client feels the certificate information is wrong and wishes to be re-assessed 1st Call DEA will carry out the re-assessment and the following will apply:-
If the original EPC is found to be inaccurate then a new certificate will be issued free of charge.
If the original EPC is found to be true and accurate then you will again have to pay the initial agreed fee
6.7 Whilst every effort is made to provide an accurate and professional service 1st Call DEA and anyone working for shall not be responsible for any damages or costs incurred as a result of an inaccurate EPC other.
than those outlined in section 6.6 (Liability).
7. Health and Safety
7.1 It is the policy of 1st Call DEA to ensure, so far as is reasonably practicable, the health, safety and welfare of others in accordance with the Health and Safety Act 1974 and other statutory requirements and codes of practice
7.2 In any event were the assessor identifies a potential health and safety risk the assessor has the right to terminate. (See section 3)
7.3 Access to the loft space in some properties i.e. highest point above the staircase will be considered a health and safety risk and won’t be assessed.
7.4 The assessor will use ladders to the maximum recommended safety height of 3 meters.
8. Complaints procedure
8.1 1st Call DEA will seek to immediately address and resolve any initial complaint by telephone, email or in person. Should you be unhappy with this you can put the complaint in writing to 1st Call DEA, 72 Wilson Ave, Heywood, OL10 4SH tel. 01706 661990 where your complaint will be acknowledge in writing within 7 days, and a resolution will be offered within 21 days.
8.2 If you are dissatisfied with your offer to resolve the matter the complaint will be referred to the BRE Accreditation Scheme, BRE, Bucknalls Lane, Garston, Herts, WD25 9XX, 01923 664830. Under no circumstances will the client be deprived of their legal rights. The complaint to BRE can be made at any time.
8.3 Where this process does not resolve the complaint it will be referred to the Independent Appeal Panel which will consist of three members of the BRE Certification Governing Body or subsidiary Boards who:
· Have not been directly involved in the decision under appeal and
· Have no direct interest in the decision.
All complaints will be investigated and dealt with at no cost to the consumer.
Each energy assessor must report any complaint to the Accreditation scheme with details of the outcome.
9.1 All parties involved in the agreement will understand and follow the rules and regulations of the Data Protection Act 1998. This includes codes of practice and the confidentiality of personal information.
10. Multiple EPC’s
10.1 In any event where there is a
discrepancy over an EPC that is part of a portfolio/collection of properties to
assess payment will not be held back on the remaining properties.
Payment will be paid in full for all the remaining EPC's.