In these Conditions the following definitions apply:
means the terms and conditions set out in this document;
means the legally-binding agreement between us and you for the supply by us of the Services, which incorporates these Conditions;
means acceptance of our quotation for the supply of Services;
means our statement about the use of your customer information and our contact details for the purposes of the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as these may be amended or re-enacted from time to time) attached to these Conditions set out at website epcuk.org
means the services (including any necessary documentation) set out in an Order;
means the description or specification of the Services set out in the Order and provided by you;
Value Added Tax or VAT
means value added tax under the Value Added Taxes Act 1994 or any other similar sale or fiscal tax applying to the sale;
We, us or our
Means ECO Approach Limited trading as EPCUK, company number 08624580, registered office Provident House, Burrell Row, Beckenham, Kent BR3 1AT;
2 Application of these Conditions
2.1 Any estimate provided by us for the provision of Services prior to you submitting an Order is for information purposes only. It is not a binding offer by us to supply Services on the terms of the estimate and these Conditions; and will be valid for 28 days only from the date of issue.
2.2 When you place an Order for the supply of Services from us and for internet orders tick the box indicating your acceptance of these Conditions, you make a binding offer to purchase those Services in accordance with these Conditions.
2.3 After your placing of an Order, we will email you an acknowledgement of receipt of your Order. This does not mean that your Order has been accepted.
2.4 We reserve the right at all times to reject any Order, in whole or in part, at our sole discretion.
2.5 A Contract will be formed in respect of the supply of Services described in our acceptance of your Order, upon the earlier to occur of:
2.5.1 our written acceptance of your Order or the sending by us of an email to you confirming that your Order has been accepted and is being processed; or
2.5.2 the execution of a specific written agreement by both us and you.
2.6 We will not accept any variation to these Conditions, an Order or quotation from us unless the variation is expressly agreed by us in writing and signed by a duly authorised signatory on our behalf.
3 Charges and Service
3.1 The charges for the Services will be as set out in the Order or in default of such provision will be calculated in accordance with our standard scale of charges in force on the date of your Order. The quoted price is for mainland England and Wales. The pack will be supplied by email, printed packs are available for an additional fee of £5.
3.2 We do not send payment receipts or booking confirmations by post. Payment confirmation will be sent to the email address you provided. A receipt will be available for you to print when you log on your portal.
3.3 Following receipt of payment, the allocated property surveyor will contact you to conform the booking by telephone to the contact number provided.
3.4 If an additional fee is due then the survey will not be issued until we receive payment of the additional fee or it has been agreed to be paid depending on your account type.
3.5 You agree that the services are to be provided to you by a third party.
4.1 You must pay all invoices in full, without deduction prior to the due date shown on the invoice.
4.2 VAT will be charged by us and paid by you at the then applicable rate.
5 Delivery of Services
5.1 We will deliver the Services to you as soon as reasonably practicable and at least within 14 days of our acceptance of your Order, unless exceptional circumstances or events beyond our reasonable control prevent us doing so.
5.2 By placing an order you are confirming that you require us to complete an EPC and replace any in date and active EPCs that may exist, even if no changes have been made to the property.
6 Title and risk
6.1 Risk in any services or documents supplied by us will pass to you on delivery. We will not be liable for any loss or destruction of them occurring after they are delivered to you.
6.2 Ownership to these services or documents will pass to you once we have received payment in full for the Services.
6.3 Until ownership of the services and documents has passed to you, you will:
6.3.1 take all reasonable care of the documents and keep them in reasonable condition;
6.3.2 insure the documents: (i) with a reputable insurer; (ii) from the date of delivery; (iii) against all risks; and (iv) for an amount at least equal to the Price;
7.1 We warrant that:
7.1.1 we will use all reasonable endeavours to commence the provision of Services by any commencement date set out in the Order;
7.1.2 we will use all reasonable endeavours to complete the performance of the whole or any part of the Services by the relevant completion date set out in the Order, if specified;
7.1.3 the Services will be provided with all reasonable skill and care; and
7.1.4 the Services will comply with their description set out in the Order.
7.2 You warrant that:
7.2.1 You will ensure that the information that you supply to us in the Order including without limitation details of the Property is complete, accurate and up to date. You will notify us immediately you become aware of any inaccuracy in the Order.
7.2.2 Any Service that we deliver to you is for your exclusive use and only for the purpose that you have disclosed to us.
7.2.3 An Adult will be present at the pre-arranged appointment with the surveyor. If the surveyor is unable to gain access to the premises within 15 minutes of the appointment time, then you accept that a service charge of £25+vat is payable for re-booking the service. A result of this may also be a delay in the production time of your Order.
8.1 Nothing in these Conditions is intended to exclude our liability where consumer protection legislation or contract law prevents us from doing so, including:
8.1.1 for death or personal injury caused by our negligence; or
8.1.2 for breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982;
8.1.3 for defective products under the Consumer Protection Act 1987; or
8.1.4 for fraud or fraudulent misrepresentation.
8.2 We will be liable to you for the reasonable and foreseeable losses you may suffer or incur as a result of our breach of these Conditions limited to a maximum sum equal to the charges for the Services (including any documents).
Unless stated otherwise, time is not of the essence of any date or period specified in these Conditions.
No delay, act or omission by either you or us in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
9.3 Rights of Third Parties
This Contract is not enforceable by any third party under the Contracts(Rights of Third Parties) Act 1999 or otherwise.
The terms of these Conditions prevail over those of the Order or Schedule (if any).
9.5 Entire Agreement
The Contract constitutes the entire agreement between you and us in relation to its subject matter. No other terms apply.
9.6 Data Protection