Terms and Conditions of Engagement

General terms

1.Introduction

a. This document sets out the contractual terms upon which the Surveyor will advise the Client by means of a EPC.
b. The individual carrying out the inspection and providing advice will be a licensed Energy Assessor.
c. The Assessor will use all of the care and skill to be reasonably expected of an appropriately experienced Energy Assessor.

2. Content of the Report

In accordance with these terms the Assessor will report upon:

a. the main aspects of the Property including assessing the site/location, the design, structural framework, fabric and services;
b. the grounds, boundaries and environmental aspects considered to affect the Property;
c. any requirements for further investigation arising from the inspection.

3. Delivery of the Report

The report will be supplied in pdf format. Printed copies can be made available for an extra charge.

4. Payment of fees

The Client will pay the Agreed Fee, any Additional Fees, any VAT and any agreed disbursements before commencement of any work being undertaken.

5. Assumptions

Unless otherwise expressly agreed the Assessor while preparing the Report will assume that:

a. the property (if for sale) is offered with vacant possession;
b. the Property is connected to mains services with appropriate rights on a basis that is known and acceptable to the Client; and
c. access to the Property is as of right upon terms known and acceptable to the Client.

6. Scope of the inspection

a. Generally
i.The Assessor will consider his or her advice carefully but is not required to advise on any matter the significance of which in relation to the Property is not apparent at the time of inspection from the inspection itself.
ii. The Assessor will inspect diligently but is not required to undertake any action which would risk damage to the Property or injury to him- or herself.
iii. The Assessor will not undertake any structural or other calculations.

b. Accessibility
i. The Assessor will inspect as much of the internal and external surface area of the building as is practicable but will not inspect those areas which are covered, unexposed or not reasonably accessible from within the site, or adjacent public areas.
ii. The Assessor is not required to move any obstruction to inspection.

c. Roofs
The Assessor will inspect the roof spaces if there are available hatches which are not more than three metres above the adjacent floor or ground. Where no reasonable access is available, the roof spaces will not be inspected. Similarly, outer surfaces of the roof or adjacent areas will be inspected using binoculars, but will be excluded if they cannot be seen.

d. Services
The Assessor will carry out a visual inspection of the service installations where accessible.

e. Areas not inspected
The Assessor will identify any areas which would normally be inspected but which he or she was unable to inspect.

f. Flats or maisonettes
i..Unless otherwise agreed, the Assessor will inspect only the subject flat and garage (if any), the related internal and external common parts and the structure of the building or particular block in which the subject flat is situated. Other flats will not be inspected. The Assessor will state in the Report the limits of access and/or visibility in relation to the common parts and structure. The Assessor will state whether he or she has seen a copy of the lease and, if not, the assumptions as to repairing obligations on which he or she is working.
ii. The Assessor will report on any obvious health and safety hazards to the extent that they are apparent from elements of the Property considered as part of the inspection.

7. Additional services

The Surveyor will provide, for an additional fee, such additional services as may be specified in the Special Terms or are agreed between the Surveyor and the Client and confirmed by the Surveyor in writing.

8. Miscellaneous

a. In the event of a conflict between these General Terms and the Special Terms, the Special Terms prevail.
b. Unless expressly provided, no term in the agreement between the Surveyor and the Client is enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person other than the Surveyor or the Client.
c. Where the Client has instructed the Surveyor to make investigations which cause damage to the Property on the basis that the Client has obtained the owner’s consent, the Client will indemnify the Surveyor against any loss or cost arising.
d. Dispute Resolution In the event that the Client has a complaint regarding the standard of service he or she has received, the following complaints handling procedure will be followed. The complaint will be put in writing to the Assessor, who will try to resolve the problem, if this is unsuccessful the client can write to the Accreditation Body that the Assessor is registered with and they will arbitrate and attempt to find a solution. Using the Assessors complaints handling procedure will not affect the Client’s legal rights.

9. Complaints Procedure

If you want to make a complaint, we will deal with it speedily and fairly.
a. We will: Acknowledge your complaint within 5 working days of receipt.
b. Try and resolve your complaint fully within 4 weeks of receipt.If there are valid reasons for consideration of the complaint taking longer, we will keep you fully informed in writing or via telephone or email as you prefer and you will receive a response at the very latest within 8 weeks.
c. Speak with counseling organisations acting on your behalf, if you ask us to.
d. Send you a final decision on the complaint in writing.
If you are not satisfied with the final decision, you may refer the complaint to the Independent Property Codes Adjudication Scheme (IPCAS) and we will give you contact details. We will co-operate fully with the independent adjudicator during the consideration of a complaint by the IPCAS and comply with any decision.

Complaints should be sent to:

Customer Services
Compass EPC
93 Wakefords Way
Havant
Hampshire
PO9 5JN 02392 454898
paul@compass-epc.co.uk