Terms and Conditions
Terms and Conditions
Terms and Conditions for Energy Assessment
These Terms and Conditions apply to the services provided by, S&P Energy Assessors LP.
1. Services Provided
S&P Energy Assessors agree to carry out a domestic energy assessment of the client's property and issue a valid Energy Performance Certificate in accordance with the standards set by Elmhurst Energy accreditation body.
2. Qualifications and Accreditation
S&P Energy Assessors are accredited through an Elmhurst Energy accreditation scheme and operate in compliance with the Energy Performance of Buildings Regulations.
3. Delivery of the Energy Assessment
3.0. Delivery and limitations of EPC
S&P Energy Assessors do not carry out any form of invasive tests and can only observe, document and register what is easily visible in accordance with good surveying practice.
Additionally S&P Energy Assessors can accept and document any non-observable house modifications, including but not limited to retrofitting, in the form of certification, warranty and indisputable video/ photographic evidence.
Once the assessment is complete and payment received, S&P Energy Assessors will lodge the EPC with the national register and provide the client with a copy via email (or printed copy if agreed).
Delivery is typically within [24-48 hours] of the assessment.
S&P Energy Assessors accept no liability for any loss arising from reliance on the EPC beyond its intended purpose.
Note: all of the above is at the discretion of the assessor, following guidelines the assessor must be in full confidence to act on any part of the assessment.
3,1. Client Responsibilities
(Including but not limited to the following):
Any reasonable requests from S&P Energy Assessors qualified assessors
Homeowner/ another individual over the age of 18 must be present for the entire assessment, unless other arrangements have been organised prior to appointment.
Provide full access to all areas of the property at the agreed time.
Ensure all areas of the property is safe to access and free from hazards.
All obstructions must be removed for access and safety
S&P Energy Assessors have a ZERO tolerance to any forms of abuse, including but not limited to, verbal abuse, violent or aggressive behaviour, racism, sexual abuse or harassment.
The client must be able to provide any and all certification required of them for the energy assessment, Including, MCS certification for PV, Wind Turbines, Heat pumps. Evidence includes certificates, warranties and guarantees, building regulation submissions and official letters from the applicable Registered Social Landlord (RSL). Any documentation supporting house modifications e.g., retrofitting's. Or any other systems that require specialist documentation or do not follow standard build types.
The client may organise a contractor to assist any assessment at the allocated location, date and time that can carry out invasive work to aid in providing proof for the assessment.
If any requirements are not followed or resolved appropriately, this could lead to assessment rescheduling, subject to S&P Energy Assessors rescheduling policy charges, or the complete voiding of the assessment subject to S&P Energy Assessors cancellation policy.
If appropriate certification is not provided this could lead to an 'best fit' EPC submission or voiding therein.
Note: all of the above is at the discretion of the assessor, following guidelines the assessor must be in full confidence to act on any part of the assessment.
4. Fees, Payment & Refunds
The total cost for all services, inclusive of VAT (if applicable), must be paid in full before the booking can be confirmed and work can be commenced, delay in payment could lead to the client requested appointment date and time becoming unavailable.
S&P Energy Assessors accept payment by bank transfer prior to the appointment. No card or cash payments will be accepted on the date.
All refund requests should be made via direct contact, will be processed but only accepted if there is a due reason outside of the scope of our terms and conditions. With exception of our cancellation policy.
5. Cancellations and Rescheduling
5.0 Cancellation
S&P Energy Assessors offer a free cancellation policy subject to the cancellation request being extended within at least 5 days of the booking confirmation. Cancellation requests outside of this period are at risk of no refunds. Cancellation requests can be at the discretion of either partner in the case of extraordinary circumstances.
5.1 Rescheduling
S&P Energy Assessors offer a free rescheduling policy subject to the rescheduling request being extended 48 hours prior to the appointment. Rescheduling requests outside of this period are at risk to a charge of 15% of the value of the service extended. Rescheduling requests can be at the discretion of either partner in the case of extraordinary circumstances.
S&P Energy Assessors reserve the right to cancel or reschedule due to unforeseen circumstances or unsafe conditions at the property.
8. Data Protection
S&P Energy Assessors collect and process personal data in accordance with the Data Protection Act 2018 and GDPR. The client's information will only be used for the purposes of the EPC and related communications, and may be shared with relevant accreditation bodies or the government EPC register.
Full details can be found in S&P Energy Assessors Privacy Policy available on request.
Confidentiality: S&P Energy Assessors undertakes not to disclose any information provided in confidence by the client to any third party and will not permit access to such information by any third party unless the client expressly grants permission save where required to do so by an order of a competent court of law.
Intellectual Property: The right of ownership in respect to any intellectual property resulting from the performance of the work created by S&P Energy Assessors remains the property of the S&P Energy Assessors. The client shall be entitled to disclose the report or document to a third party for whose benefit the instruction/contract was specifically commissioned.
9. Complaints
If the client is dissatisfied with the service, please contact us in writing to energyassessors.sp@gmail.com within 14 days of receipt of the EPC. S&P Energy Assessors will aim to resolve any complaints fairly and promptly in line with S&P Energy Assessors accreditation scheme’s complaints procedure.
10. Liability
(a) S&P Energy Assessors shall be under no liability whatsoever to the client for any loss, damage, delay or expense, whether direct or indirect arising however caused UNLESS same is proved to have resulted solely from the gross negligence or wilful default of S&P Energy Assessors thats results in direct damage to tangible property where the S&P Energy Assessors' liability shall be limited in accordance with paragraph c below.
(b) S&P Energy Assessors' total liability for professional negligence shall not exceed the fee paid for the work.
(c) S&P Energy Assessors accepts liability for direct damage to tangible property or death or injury to persons to the extent caused by the proven negligent acts or omissions of S&P Energy Assessors, provided that S&P Energy Assessors liability for the same shall be limited to the coverage and indemnity limits provided under S&P Energy Assessors insurance policies (which are available for inspection on request), unless otherwise covered by statute.
(d) If S&P Energy Assessors shall act or fail to act in any manner which results in an actionable wrong, the client shall, subject to clauses B and C above indemnify S&P Energy Assessors against all claims, damages, costs and expenses made or incurred by a third party arising from any such act or lack of act by S&P Energy Assessors.
11. Force Majeure
Neither S&P Energy Assessors nor the client shall, except as otherwise provided in these Conditions, be responsible for any loss, damage, delay or failure in performance hereunder arising or resulting from act of God, act of war or terrorism, seizure under legal process, quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions and arrest or restrain of princes, rulers or people.
12. Insurance
S&P Energy Assessors shall effect and maintain, at no cost to the client, professional liability nsurance for such loss and damage for which S&P Energy Assessors may be held liable to the client under these terms and conditions.
13. Governing Law
This Agreement shall be governed by and construed in accordance with English Law and the Client submits to the exclusive jurisdiction of the English Courts or Arbitration in London, England. Nothing herein shall prevent the Company from enforcing in any country an award made by the above exclusive jurisdiction.
14. Document Retention
S&P Energy Assessors shall retain all data, correspondence, documents and records that have a bearing on the services provided to the client for a period of 15 years after completion of the service. The client will be given the right to have their own disclosed documentation returned by the Company or destroyed upon completion of the service.