ER Heritage - legal :: Terms and Conditions of Business

Who Regulates Us?

ER Heritage is regulated by accreditation to STROMA LTD and through them by the Communities and Local Government department. Our registration number is STRO000233. Our permitted business is advising on, arranging, transacting and administering energy performance certificates for non-domestic buildings. You can check this by visiting the National Register which can be found on the Landmark Group Limited website : www.ndepcregister.com

We are also permitted to provide certification for the Code for Sustainable Homes through our accreditation with Stroma

Information on Costs

We charge a professional fee to cover the placing and ongoing handling of your certification. The amount and purpose of any professional fee and/or administration charge will be advised to you in advance. You will be required to return a signed acceptance of the commission. Carrying out the work in itself does not guarantee a particular certification level.

Payment Terms

We normally accept payment by guaranteed cheque or the bankers automated clearing system (BACS). We require the agreed fee before lodging your certificate on the government database. Your agreement to these terms and your signature of acceptance of the quotation commit you to paying the amount quoted.

Your Duty to Disclose Information

It is your responsibility to provide complete and accurate information to the assessor in order that the work can be carried out properly and promptly. There is a separate form attached which will indicate those documents/evidence that are required. The more information we receive and the quicker it is given to us, the sooner we are able to provide an assessment. This “evidence” can be provided by yourself or a management company acting on your behalf. Without proper documentary evidence we are required to assess on “default value”, which will inevitably result in a lower certification level. If there are inconsistencies within the information supplied prior to the survey you may incur further charges. If you are in any doubt as to whether information is material, you should disclose it.

Complaints

It is our intention to provide you with a high level of customer service at all times. If you should wish to make a complaint about our service we have a formal complaints procedure. In the first instance you should contact us at the address given below. We shall supply you with a copy of our complaints procedure upon receipt of a complaint or at any time upon request. You will be advised of any redress available to you, should you believe the matter has not been resolved to your satisfaction. If you cannot settle your complaint with us you may be entitled to refer it to our accreditation organisation.

Insurance and work methodology

We have professional indemnity and public liability insurance through Hiscox Insurance. It is company policy not to allow an assessor to take personal risk or to interfere with a customer’s business. We shall provide a risk assessment at the onset of the inspection and that will be available to the customer either at the onset or end of the process. If, in the unlikely event, we find an unacceptable level of risk we reserve the right to refuse to carry out the assessment. The customer will then be responsible for a call-out fee of £100. We advise assessors not to enter plant rooms or other sensitive areas without a representative of the customer. This is a security measure within Health & Safety legislation. You will therefore be required to have a competent person available during inspection.

Confidentiality

All personal information about you will be treated as private and confidential. We will only use and disclose information we have about you in the normal course of arranging and administering your certification. We are obliged to take photographs of various parts of the building and plant and equipment. Our assessors will only do this with your permission. There will be no attempt to photograph your business activities. We are obliged to keep all evidential documents for audit by our Accreditation body. This will not be disclosed to any other party without your permission.

The Engagement of a surveyor to produce the Energy Performance Certificate (E.P.C.)

Our D.E.A Survey is as extensive as access and circumstances permit. The assessor/surveyor inspects as much of the surface area, internally and externally, as practicable and where possible the report includes comment on energy related aspects and parts of the building.

The report contains the following clear assumptions and limitations :-

The assessor/surveyor advises the client as to his opinion of the domestic energy values in relation to the building, and save as hereinafter provided, carries out such work as is reasonable in his professional judgement, bearing in mind the practical limitations imposed by the individual circumstances of the property at the time of his inspection.
Except where the contrary is stated, parts of the building and of the energy systems which are covered, unexposed or inaccessible, are not inspected and it is, of course, impossible to examine every part of the building and its energy systems. The report does not purport to express an opinion or to advise upon the condition or energy ratings/values of parts not inspected and should not be taken as making any implied representation or statement about such parts.
The Assessor/Surveyor inspects as much of the surface area, both internally and externally, as is practicable and lifts loose floorboards and trapdoors where accessible and where reasonable to do so. He does not lift fitted carpets, move heavy furniture or remove fixtures of fittings to facilitate inspection.
The roof attic and upper areas are inspected from ground level or from a nearby available vantage point, together with flat roofs and loft attics, which can be accessed, with due regard to safety, from the Surveyors 10 ft (3 metre) ladder. Close proximity of nearby buildings or tall trees may preclude inspection of parts of the attic/roof /chimney stacks etc....... The roof void is inspected assuming a suitable access point if available, but household effects, or other items stored therein, will not be moved. No comment can be made upon the practicality of using the chimneys.
Wherever possible the fabric is examined for evidence required to produce the E.PC. Energy Performance Certificate.
General comments only are made and energy related systems/equipment is only visually inspected .
No test of the service installations - gas, water, electricity, central heating, systems is made without specific prior instructions.
The Surveyor gives his opinion giving all reasonable professional skill and care provided however that any liability of the Assessor/Surveyor arising in connection with these Conditions of Engagement or any matters arising therein shall not extend to economic loss or loss of profits suffered whether by the Client or any third party.
a. Any dispute or difference which may arise between the assessor/surveyor and the Client in connection with these Conditions of Engagement or in connection with any matters arising therein shall be referred to and determined by a single arbitrator (hereinafter called “The Arbitrator”) such arbitration to be held in , “county” of England.
b. The Arbitrator shall be appointed by agreement between the parties or in default of agreement the ABBE, (Award Body for the Built Environment).
c. The procedure to be followed shall be agreed by the parties or in default of agreement, shall be determined by the Arbitrator but in all cases the law and practice to be followed by determining the dispute or difference shall be the law and practice of the United Kingdom.
d. In the event that the parties of the Arbitrator shall determine that there shall be any right of appeal from the decision of the Arbitrator such appeal and any subsequent appeals shall be heard by the courts of the United Kingdom and in such event each party agrees to submit to the jurisdiction of any court of competent jurisdiction within the United Kingdom, and to comply with all requirements necessary to give such court jurisdiction. No court outside the United Kingdom shall have any jurisdiction over any matter touched by this agreement.
e. In the event of default by either party in respect of any procedural order made by the Arbitrator the Arbitrator shall have the power to proceed with the Arbitration in the absence of the party and to deliver his award.
Where applicable, the opinion in the report is as at the date of inspection.
Unless otherwise expressly agreed, the assessment advice and certification assumes that:-
a The property is unaffected by any statutory notice and that neither the property nor its use or proposed use gives rise to a contravention of any statutory requirements.
The Assessor/surveyor is under no duty to verify these assumptions.
The Client agrees to pay to the Surveyor in respect of the said professional advice a fee as agreed. In addition, the Client will reimburse to Surveyor amounts of any Value Added Tax on the fee, together with any agreed expenses.
This report is confidential to the Client for the specific purpose to which it refers. It may be disclosed to other professional advisor assisting the Client in respect of that purpose, but the Client shall not disclose the report to any other person.
Where energy saving costs are given, they are for guidance purposes only and should not be construed to be quotation nor estimate and should be substantiated prior to exchange of contracts by proper competitive quotations or estimates.

Applicable Law

This Terms of Business document is subject to English Law

Please do not hesitate to contact us if you have any queries with regards to any points mentioned in our Terms of Business.