Terms and Conditions
A.E.A. ( Aughton energy assessors) hereafter known as THE HIP PROVIDER is a company that provides home information packs which will contain an Energy Performance Certificate and other key documents such as evidence of title, local authority and official drainage and water searches and key leasehold documents where appropriate.
The following is agreed by the Parties:
1 Services and Deliverables to be Supplied
1.1 THE HIP PROVIDER will supply The HIP client with agreed Services and Deliverables in accordance with and complying to HIP legislation 2007 and in particular in respect of the Premises named in the signed contract.
1.2 THE HIP PROVIDER's allocated energy assessor will undertake a visual inspection and will not look at parts of the Premises which are covered, unexposed or inaccessible. The energy assessor will not lift up carpets or floor boards. Lofts will only be inspected if it is safe to do so, access is within 3 metres of floor level & it will not damage the Premises
1.3 THE HIP PROVIDER shall liaise with the HIP Client to arrange access to the HIP property within 24 hours of instruction and the EPC will be made available within 3 days of access to the property. This timetable will be a good faith estimate of the period required to perform the Services and deliver the Deliverables, and THE HIP PROVIDER will work diligently to perform the Services in accordance with that timetable.
1.4 The method of delivery of the HIP will be via electronic delivery, and will normally be via e-mail unless a hard copy has been specifically requested (a nominal fee will be charged).
2 Charges & Payment
2.1 Charges - The Charges payable will be as is quoted on our website, agreed verbally or in writing via email. The Charges are exclusive of any Value Added Tax which is payable in connection with the Services & Deliverables, and will be added according to the prevailing legislation and separately shown on invoices if applicable.
2.2 Invoicing & Payment Terms
a. Payment will be required in advance of all services, unless by prior arrangement.
b. Where applicable, and only in certain per agreed circumstances, invoices shall be submitted by THE HIP PROVIDER immediately upon provision of HIP pdf and paid by The HIP client within 30 days of date of invoice.
c. If any payment due to THE HIP PROVIDER is in arrears for more than 30 days, THE HIP PROVIDER may charge interest on a day to day basis from the original due date until the date of payment in full, at the statutory rate in force from time to time.
3 Cancellation & Termination
3.1 Cancellation by HIP Client
a. Where The HIP client cancels all or any of the Services detailed in a Schedule of Work, a cancellation fee equating to 50% of the total Charges payable for those Services will be payable by The HIP client.
b. In addition to these cancellation charges, any expenses and third party costs that are payable by THE HIP PROVIDER in connection with the Services will be paid by The HIP client.
c. If The HIP client requests that part of the Services be postponed to a date commencing more than one month after the initial start date for provision of the Services or on an indefinite basis, this will be treated as a cancellation and the provisions of this Clause will apply.
d. For the avoidance of doubt, the above cancellation fees are an agreed figure and a genuine pre-estimate of the losses that will arise out of any cancellation of the Services.
3.2 Cancellation or postponement by THE HIP PROVIDER
b. Where, due to circumstances within its control, THE HIP PROVIDER is forced to cancel or postpone the provision of the Services with less than one Working Day's notice and The HIP client incurs costs and expenses, a replacement date will be booked & that day's Services will be provided with a 50% reduction in the Charges.
c. Where THE HIP PROVIDER terminates the Schedule of Work under Clause 4.3, 4.4 a fee equating to 50% of the total Charges payable for those Services will be payable by The HIP client.
3.3 THE HIP PROVIDER may terminate a Schedule of Work involving the preparation of a HIP if in the course of preparing the HIP:
a. a conflict of interest arises with the Client, The HIP client or other professionals;
4 HIP Client Obligations
4.1 The HIP client will liaise and co-operate fully with THE HIP PROVIDER in relation to the Services.
4.2 The HIP client will procure that the Client prepares the Premises and provides all such information as is reasonably required to enable THE HIP PROVIDER to meet its obligations under this Agreement.
4.3 The HIP client will ensure that the premises are free from any foreseen health and safety concerns and the appropriate action is taken to minimise the risk to the assessor. This may include, but is not limited to, broken glass, sharps including needles or syringes, animals including dogs, snakes, spiders, or any other animal likely to bite or cause harm to the assessor.
4.4 If the assessor aborts the assessment due to intimidation of any kind including, but not limited to, verbal or physical threat by the client or any other third party who may be present on the premises abortive fees of 50% of the total cost of the HIP will become payable.
5 Data Protection
5.1 Each party will ensure that it will, at all times during the Contract Period, comply with all the provisions and obligations imposed upon it by the Data Protection Act 1998 (“ the Act ”).
5.2 THE HIP PROVIDER is acting as a ‘ Data Processor' in respect of ‘ Personal Data' (both as defined in the Act) relating to the Client during the provision of the Services, THE HIP PROVIDER will ensure that the Personal Data is processed only in accordance with The HIP client's explicit instructions and pursuant to this Agreement.
5.3 Any Personal Data that THE HIP PROVIDER receives about the Client, or from the Client, will only be used for the purposes detailed in the Schedule of Work.
6 Confidentiality
6.1 Neither party, nor its Personnel or advisers, will use, nor disclose to any third party (other than for the purposes of performing this Agreement), any Confidential Information including the contents of this Agreement, the Schedule of Work, and Personal Data. The parties agree that any Confidential Information obtained from, or relating to, the disclosing party will be the property of the disclosing party.
7 Disputes Procedure
7.1 THE HIP PROVIDER will provide a high level of customer care at all times. In the unlikely event of any complaint, the parties agree that they will work together in good faith to resolve any disputes arising under this Agreement.
7.2 THE HIP PROVIDER will seek to resolve any initial complaint by telephone, email or in person as quickly as possible. THE HIP PROVIDER will promptly notify The HIP client if contacted by the Client direct.
7.3 Should The HIP client or the Client be unhappy with this response The HIP client should write to THE HIP PROVIDER setting out full details of the complaint within 5 Working Days.
7.4 THE HIP PROVIDER will usually respond within no more than 15 Working Days to allow for holidays.
7.5 If The HIP client OR the Client is dissatisfied with this response the matter can be escalated to the Accreditation Scheme.
7.6 This does not affect The HIP client's or the Client's legal rights.
7.7 Force Majeure – Except for any payment obligation imposed on The HIP client, neither party will be liable for a delay in performing, or for a failure to perform, obligations if that delay or failure is caused by circumstances beyond the reasonable control of that party including, but not limited to, refusal or revocation of licence, viruses in software, industrial dispute, impossibility of obtaining materials or labour, or failure of any supplier or carrier to deliver or perform.
7.8 Governing Law - The laws of England will govern this Agreement and the Schedule of Works, and the parties submit to the exclusive jurisdiction of the English courts.
7.9 Precedence - Unless stated to the contrary in any ‘Special Conditions' in the Schedule of Work, in the event and to the extent only of any conflict or inconsistency between:
a. the provisions of the Clauses in the main body of this Agreement and any provisions in the Schedules and any Appendices, the Clauses will prevail over the Schedules and Appendices, and the Schedules will prevail over the Appendices;
b. the provisions in this Agreement and the provisions in the Schedule of Work:
i) The provisions in this Agreement will take precedence over those in the Schedule of Work except for those stated to be ‘Special Conditions'; and
ii) Special Conditions in the Schedule of Work will take precedence over the provisions in this Agreement and the provisions in the Schedule of Work.
7.10 Invalidity and Severability - If a court or administrative organisation with competent jurisdiction decides that a provision in this Agreement is not valid this will not affect the rest of this Agreement. The parties will try to agree on a suitable provision to replace the one that is invalid. The new provision should, as far as possible, achieve the same economic, legal and commercial aims as the invalid one.
8. Searches
8.1 The HIP PROVIDER will instruct a third party search company to deliver the searches on the client's behalf. The HIP PROVIDER shall not be liable for the accuracy or the liabilities arising from any negligence or incorrect information contained within the searches.
8.2 The HIP PROVIDER shall only instruct those search companies that have adequate indemnity insurance as laid down in the regulations pertaining to searches and HIP packs.