Terms & Conditions of Business
Words with special meanings
- “The Company”, relates to AccuRating Ltd – Energy Assessors
- “The Client”, relates to the person(s) that are responsible (generally, the owners) for the property being assessed by the Energy Assessor.
- “The Site” or “Website”, refers to the website www.accurating.co.uk
The Website
- The site is owned and operated by the Company whose office is located at:
Rockcliffe
Sunny Bank Road
Brighouse
HD6 2AE - By using this website, you accept these Terms of use. Should you not accept the Terms, please leave the site immediately.
- Please review the full Terms regularly to ensure you are aware of any changes. Continued use of the website, after changes have been posted, implies agreement to be legally bound by these Terms as updated/amended/enhanced.
- The Company may update, enhance or alter the Terms at any time by posting changes online within the website.
- The Website and its content (including any part thereof) may not be copied, disseminated, distributed or resold without prior written consent from the Company.
- The Website has been designed for sole use within the counties of England and Wales as the subject matter is focussed on related legal matter pertinent to those countries. Therefore, you must not use the Website or contents in countries other than those already mentioned as the details may not meet that countries local laws, regulations codes or customs.
- The Website contains links that may be of interest to others. These linked websites are owned by other companies that are not part of the Company, users view such sites at their own risk. The Company is not responsible for, and has no control over the content of such sites. The Company has no liability for any damage or loss (including, without limitation, financial loss, loss of profits, loss of business or any indirect or consequential loss), however it arises, resulting from the use of or inability to use the linked websites or any material appearing on them or from any action or decision taken as a result of using the websites or any such material.
- In no event shall the Company or its employees be liable for any indirect or consequential loss or damages whatsoever (including, without limitation, loss or profits) incurred by the Client or their representative, or in respect of any claim made against your by any third party arising as a result of, or in connection with, the Clients use of the Website or its content. The Website and its content is provided ‘as is’.
Terms of Engagement
The Process
- The Company will initially arrange an appointment with the Client. The Client has the opportunity to re-arrange with the Company via email, phone or letter, if the timing is inconvenient.
- The assessment will take place at the allotted time – unless there are unforeseen circumstances – see section marked ‘Delays’.
- All survey work will be conducted by the Company. The Company's employees are all accredited and certified via Government licensed agencies – for example the Northgate scheme – and will conduct the Company's business in accordance with the schemes code of practice.
- The Assessment process will entail:
- Property measurements
- Access to the loft
- Access to all rooms
- Access to all energy appliances (boiler, fires, cylinders etc) and their controls
- Communications with the Client (or delegated ‘responsible adult’) on site regarding the property age, heating details, glazing, installation, build and extension dates.
- Sight of any heating, glazing or building guarantees/warranties.
- Unless stated otherwise, the inspection will be visual only of the surface area of the accessible part(s) of the structure specified. Parts of the structure which are not readily accessible owing to height or other obstruction may need builders to raise ladders, or construct access, or additional equipment. Except where the contrary is stated this will NOT be included in the fee quoted. However, the Domestic Energy Assessor will seek the Client’s approval if the necessity arises.
- Except where the contrary is stated, parts of the structure which are covered, unexposed, or inaccessible will not be inspected and will not be included within the report.
- The report will not purport to express an opinion about, or advise upon the energy efficiency of uninspected parts and should not be taken as making any implied representation or statement about such parts.
- The Company will advise the Client in report form, an EPC (Energy Performance Certificate), as to the assessment of the energy efficiency for the given property and any improvements that may be made to improve the property’s energy efficiency. The Services shall produce an Energy Performance Certificate & including a Recommendation Report (“EPC”).
- The EPC will be provided within 10 working days, although the Assessor will always attempt to achieve a shorter turn-around time.
- The Company and the Assessor will provide support to the Client where there is a desire to discuss the findings and suggestions given within the EPC.
- The report is provided for the sole use of the named Clients and, where the Domestic Energy Assessor is advised, for the sale of the property and is confidential to the Client and his professional advisers.
- The Domestic Energy Assessor accepts reasonable responsibility to the Client alone for the stated purposes that the report is used. The report will be prepared with the skill, care and diligence reasonably to be expected of a competent Domestic Energy Assessor, but accepts no responsibility whatsoever to any person other than the Client him/herself. Any such person or body relies upon the Report at their own risk.
- The Client will pay the Company the agreed fee for the report and any expressly agreed disbursements.
Working Facilities
As a caring and concerned company, the Company expects the Assessor to have a safe environment in which to work. Should the Client fail to provide the following, it may result in termination of the inspection based upon Health and Safety grounds:- A responsible adult will be present throughout the assessment inspection.
- Unimpeded access for the Domestic Energy Assessor during the time of the appointment, for example, access to the loft area an all around the external property perimeter.
- All children present will be supervised – to avoid any health and safety risks when performing the inspection.
- All pets will be strictly supervised and removed from the areas to be inspected.
- An “abuse free” environment (either verbal or physical). Abuse will meet with zero tolerance by the Company and result in an immediate termination and potential legal action.
Conflicts of Interest
The Company will not undertake any assessment that constitutes a conflict of interest – for example; properties that are owned by employed members of the Company – or – where a financial inducement has been offered.
What does the EPC Assessment not provide?
- A structural survey, condition report or property valuation.
- Professional services other than related to the provision of an EPC. Any such additional services will be dealt with by a separate contract.
Exclusions
The Company does not undertake assessments that fall outside the methodology of RdSAP (Reduced Data Standard Assessment Procedure). This means that certain properties are excluded from being assessed by the Company. Scope examples are shown below:- Multi residential – such as nursing homes
- Brand new ‘off-plan’ property
- Solely Commercial
Re-arrangement of appointments due to termination of appointment
Should it be necessary to terminate a visit and re-arrange an appointment, owing to Health & Safety reasons – and the Client not having met the aforementioned Working Facilities, a re-arranged visit will incur an additional fee of £40 to cover costs and time.
Delays
If the appointment is cancelled by the Client on the day of the appointment for whatever reason, £40 will be payable to the Company.
Where a date or time has been agreed for the Assessment, the Company shall be entitled to a reasonable extension of that period due to causes beyond their control or due to other responsibilities. However, should there be a need to delay, the Company are responsible to advise the Client of such changes as soon as they occur.
Re-inspection
Should the Client, for any reason, request the Company to re-inspect the property, a fee for such re-inspection may be charged by the Company. Such fee will be refundable to the Client in the event of the Company being proved to have been negligent in their original findings.
Liability and Damage
Whilst every reasonable care will be taken by the Domestic Energy Assessor, they will not be liable for any damage caused during their assessment inspection caused by unavoidable occurrences. Therefore, for example, it may be advisable for the Client to have dustsheets in areas where egress may create dust or dirt and remove breakable items.The Client is protected via the Company’s Professional Indemnity Insurance and Public Liability Insurance.
Nothing in these Terms restrict or exclude our liability to you for death or personal injury caused by our negligence. Subject to the details of the complete Terms, we shall not be liable for any loss, damage, costs, claims or expenses whatsoever arising from:
- The acts, errors or omissions of third parties
- The accuracy or completeness of the Website or content
- Your own use of the Website and content otherwise than in accordance with these Terms
Value Added Tax
At present, Value Added Tax is not applicable to our pricing structure.
If or when VAT becomes applicable this will be notified on our ‘Prices’ website page. At that point, unless otherwise stated, prices and rates shown in documents issued by the Company will be exclusive of Value Added Tax which will, where applicable, be added to such prices and rates at the rate prevailing and be paid by the Client.
Prices, Fees, Terms of Payment
The prices quoted on the Website relate to standard residential/domestic energy assessment work. The prices do not include any additional work that may be required. The Clients appointed Solicitors, HIP provider or Estate Agent will inform the Client of any additional charges or fees outside the scope of the EPC assessment.
Where a property is significantly different from that described by the Client, then the Company reserves the right to amend the cost and invoice accordingly.
Prices do not apply to ‘buy to let’, ‘new builds’, ‘right to buy’ and assumes you are a UK resident purchasing a property within England or Wales.
All sums due to the Company are net unless otherwise stated. All accounts are to be paid within one month of their original date and if the Client shall not do so, the Company reserves the right to charge interest on all overdue accounts at 2½% per calendar month over the Base Rate of the HSBC bank.
Confidentiality
Your personal information is held safely and confidentially by the Company. Full details of Confidentiality and Privacy are contained within our Privacy Policy document.
Disputes and Right to Appeal
The Client has the right to dispute any findings. Initial re-inspection will be performed by another qualified Domestic Energy Assessor of the Company. The findings will be discussed with the Client.
Should the Client wish to pursue the dispute beyond this discussion, then the initial point of contact for arbitration will be an independent Domestic Energy Assessor, who will re-inspect and report back directly to the Client without contact with the Company:
This DEA post is yet to be filled
Once filled, the address will be posted here
Along with a relevant telephone number
And other contact details
If the outcome of this arbitration has not resolved the Clients issues, the next step is to seek redress by contacting Northgate – the Government accreditation body. Please see the next section.
Northgate Domestic Energy Assessor Accreditation Scheme Customer Complaints Policy
- Introduction
Members of the Northgate DEA Accreditation Scheme are required to operate a rigorous customer complaints procedure, or to adopt their employer’s customer complaints procedure. In either case, the approach to the customer complaints procedure must adhere to the processes set out in this document. - Complaint Escalation
DEAs and/or DEA employers must make every effort to resolve complaints in the first instance. A complaint may then be escalated to the Northgate DEA Accreditation Scheme if resolution is not achieved. - Dealing with Complaints
The DEA and/or their employer must maintain full and accurate records of complaints received, along with details of action that was taken.
When a complaint is received by the DEA or the DEA employer, the customer should be informed of their rights under the customer complaints policy. The customer should be made aware that in operating this complaints policy, Northgate is only acting in the capacity as a third party mediator, its aim being to reach an acceptable resolution between the DEA and customer. Should it not be possible to reach an agreeable resolution (or should the customer refuse to follow this process) the customer must also be informed that the policy does not prevent or obstruct them from taking further action against the DEA in accordance with their rights existing at law.
The DEA or the DEA employer must notify the Northgate DEA Accreditation Scheme of the complaint and keep the scheme updated with progress. Complaint records will be used as part of Northgate’s quality assessment procedure and may be used to instigate the Northgate DEA Accreditation Scheme Disciplinary Policy.
If agreement is not reached, the complainant should be notified that their complaint will be escalated to the Northgate DEA Accreditation Scheme.
When Northgate receives a complaint, the details will be logged and the complainant will be asked for an initial written statement, setting out the nature of the complaint and the facts supporting the complaint. Northgate will then ask the Member to provide an initial written response to the complaint within 7 days. Further clarification may be requested from various parties.
The Northgate DEA Accreditation Scheme will review all of the facts and seek to resolve the complaint where it is reasonably possible to do so. The Member agrees to accept and comply with any reasonable resolution proposed by Northgate. - Complaints made directly to Northgate
Complaints made directly to Northgate will be immediately passed to the DEA and/or their employer for resolution in accordance with the process outlined above. If the complaint concerns a possible criminal offence, Northgate will refer the complaint to the Police. - Complaints about the Northgate DEA Accreditation Scheme
Complaints received by the DEA or DEA employer about the Northgate DEA Accreditation Scheme should be passed immediately to Northgate. Northgate senior management will conduct an enquiry within a timescale agreed with the complainant and will take such further action as Northgate considers to be reasonable.
