TERMS AND CONDITIONS OF ENGAGEMENT;
DOMESTIC ENERGY ASSESSMENT (D.E.A)
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:-
1. 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.
2. 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 uninspected parts and should not be taken as making any implied representation or statement about such parts.
3. 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.
4. 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 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.
5. Wherever possible the fabric is examined for evidence required to produce the E.PC.Energy Performance Certificate.
6. General comments only are made and energy related systems/equipment is only visually inspected.
7. No test of the service installations - gas, water, electricity, central heating, systems is made without specific prior instructions.
8. 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 from shall not extend to economic loss or loss of profits suffered whether by the Client or any third
party.
9. 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 from 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, ( ward 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 mattertouched 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 deliverhis award.
10. 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.
11. 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 withany agreed expenses.
12. 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.
13. 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.
DOMESTIC ENERGY ASSESSMENT (D.E.A)
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:-
1. 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.
2. 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 uninspected parts and should not be taken as making any implied representation or statement about such parts.
3. 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.
4. 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 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.
5. Wherever possible the fabric is examined for evidence required to produce the E.PC.Energy Performance Certificate.
6. General comments only are made and energy related systems/equipment is only visually inspected.
7. No test of the service installations - gas, water, electricity, central heating, systems is made without specific prior instructions.
8. 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 from shall not extend to economic loss or loss of profits suffered whether by the Client or any third
party.
9. 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 from 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, ( ward 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 mattertouched 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 deliverhis award.
10. 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.
11. 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 withany agreed expenses.
12. 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.
13. 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.