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We are offering EPCs on all residential properties. |
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| Terms and Conditions |
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Terms and Conditions for the use of the 1stopEPC website and for the supply
of services on the website
USE OF WEBSITE
- 1stopEPC grants you a limited licence to access and make personal use of the
website, but not to download or modify it.
- The website or any portion of the website may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
- You are granted a limited, revocable and non-exclusive right to create a hyperlink
to the website as long as the link does not portray 1stopEPC or its products in
a false, misleading or otherwise offensive manner or claim any association with
1stopEPC.
- You will not use any 1stopEPC logo or other proprietary graphic or trademark
as part of the link, without our written consent.
- You must not use the website in any way that causes, or is likely to cause,
the website or access to it to be interrupted, damaged or impaired in any way.
- 1stopEPC reserves the right to refuse access to the website.
OUR AGREEMENT
These terms and conditions are the conditions upon which the website 1stopEPC
is available to you and any services which are accessible via the website.
The supply shall supply and the Agent shall purchase the EPC as the Customer shall
require ("the order").
1.2 The contract shall be to the exclusion of any other terms and conditions subject
to which any such order is made, or purported to be made by the Customer.
1.3 In these conditions:
"agent" means any agent acting on behalf of the Customer;
"Business Day" means any working day other than a Saturday, Sunday or
Bank Holiday;
"Accreditation Scheme" means any accreditation or licensing or approved
scheme authorised by any statutory body or other Regulations;
"the Customer" means the property owner who accepts the offer of the
Supplier for the production of the EPC, or whose order for the EPC is accepted
by the Supplier;
"the Order" means the contract for the purchase and sale of the EPC
under these conditions;
"Domestic Energy Assessor" is the individual who will attend the property
and prepare the EPC;
"the EPC" means Energy Performance Certificate;
"month" means a calendar month;
"the Supplier" means 1 STOP ENERGY LIMITED registered in England and
Wales under Registered Number 06322967 trading as 1stopEPC;
"the property owner": where the property owners consist of two or more
persons such expression throughout shall mean and include such two or more persons
and each or any of them. All obligations on the part of such a customer shall
be joint and several obligations of such persons;
"Third Party Contractor" means any person, partnership or body corporate
not legally connected to the Supplier;
"writing" includes any communications effected by electronic mail or
any comparable means.
1.4 Any reference in these Conditions to a statute or a provision of a statute
shall be construed as a reference to that statute or provision as amended, re-enacted
or extended at the relevant time
1.5 The headings in these Conditions are for convenience only and shall not affect
their interpretation.
1.6 In agreeing to these Conditions the Agent warrants that he acts on his own
behalf and as agent for each other person who is the property owner and that he
has the consent of such other property owner to do so.
2.0 The use of an Agent by the Customer
2.1 An Agent entering into the Contract does so on behalf of the property owner,
who will be bound by all of these Conditions as if they had directly conducted
matters herein concerned.
3.0 The EPC
3.1 The supplier will supply the Agent with the number of orders as stated approximately
below. The Agent will order its EPC's exclusively from the supplier of approximately
in number per year.
Alternatively the Agent agrees to place not less than orders annually at the price
stated.
3.2 No order submitted by the Agent shall be deemed to be accepted by the Supplier
unless and until confirmed in writing, or by visual confirmation, by the Supplier's
authorised representative.
3.3 The specification for the Order shall be those set out in the Supplier's
sales documentation.
3.4 The Supplier reserves the right to make changes in the specification of
the documentation which are required to conform with any application
statutory or regulatory requirements.
3.5 No order which has been accepted by the Supplier may be cancelled by
the Agent except with the agreement in writing of the Supplier and
on the terms that the Agent shall indemnify the Supplier in full
against all loss (including the cost of labour and materials used),
damages, charges and expenses incurred by the Supplier as a result of
cancellation.
4.0 Price
4.1 The price of the Order shall be the price listed in the quotation current
at the time if acceptance or such other price as may be agreed in writing by the
Parties.
4.2 Should any of the information provided to the Supplier by the Agent be factually
incorrect and the misleading nature of the information have resulted in the price
quoted being inconsistent with the applicable price had the correct factual information
been provided, then the Agent agrees that the price due under the Contract should
be that which would appertain to the correct factual information.
4.3 Where the supplier has quoted a price for the Order other that in accordance
with the Supplier's published price list the price quoted shall be valid for 48
hours or such lesser time as the Supplier may specify.
4.4 The Supplier reserves the right, by giving notice to the Agent at any time
before delivery, to increase the price of the Order to reflect any increase in
the cost to the Supplier which is due to any factor beyond the control of the
Supplier (such as, without limitation, alteration of duties, any significant increase
in the costs of labour, material, third party supplies or other costs of supply),
specification of the EPC which is requested by the Agent, or any delay caused
by any instructions of the Agent or failure of the Agent to give the Supplier
adequate information or instructions.
4.5 Except as otherwise stated under the terms of these Conditions, and
unless otherwise agreed in writing between the Agent and the
Supplier, all prices are inclusive of the supplier's charges for
packaging.
5 Payment and Consent
5.1 Unless expressed otherwise, payments will exclude VAT at the rate
applicable.
5.2 Our invoice is payable on delivery and will be liable to interest if not
paid within 30 days in accordance with the Late Payments of Commercial Debts (Interest)
Act 1998 as amended until payment.
5.3 The supplier may suspend any further services to the Agent until
any or all outstanding invoices have been settled.
6 Sub-Contracting
6.1 The Supplier may sub-contract the performance of any of its
obligations under the Contract without the prior written consent of the other
party.
6.2 In respect of the instructions of a DEA, the Supplier will only instruct
an individual who is a member of a recognised Accreditation Scheme.
6.3 The Supplier will take all reasonable care in selecting and instructing a
Third Party Contractor. However, the Supplier has no control over the activities
of a Third Party Contractor and therefore accepts no responsibility for the services
provided to the Agent by that Third Party Contractor or for any errors or omissions
in its work or products
7 Frustration of the EPC assessment
7.1 Should the DEA be unable to complete the assessment and inspection required
to prepare the EPC and that inability results from the action of the Customer,
their employee, agent or associate, the Supplier will add the costs of any subsequent
attendance by the DEA to the contract price of the EPC, such additional cost to
be borne by the customer.
8 Delivery and Performance
8.1 Delivery of the Order shall be made by the Supplier delivering it to the
Customer or their nominated Agent, as quickly as possible and typically
within 3 working days for a registered freehold property.
8.2 The Order will be delivered by the Supplier to the Customer, or his
nominated Agent, and can be made available in a PDF format.
9 Damage caused to the property of the Supplier
9.1 The Customer shall indemnify the Supplier against all damages, costs, claims
and expenses suffered by the Supplier arising from loss or damage to any equipment
(including that of Third Party Contractors) caused by the Customer, or its Agent,
employee or associate.
10 Termination
10.1 This agreement may be terminated by either party giving one month's
notice to the other or by the supplier forthwith in the event of any fundamental
breach of this agreement by the Agent or if the Agent enters in to a voluntary
agreement with creditors or become bankrupt or goes into liquidation.
10.2 This agreement may be terminated by the customer but any monies
paid is non-refundable.
11 Communications
11.1 All communications between the parties about the Contract shall be in
writing and delivered by hand or sent by pre-paid first class post or sent by
electronic mail:
11.1.1 (In the case of communications to the Supplier) to its
registered office or such changed address as shall be notified to the Agent by
the Supplier or to the electronic mail address as shall be notified to the Customer;
or
11.1.2 (In the case of the communications to the Agent) to
the correspondent address or to the electronic mail address of the Agent as shall
be notified to the Supplier by the Agent.
11.2 Communications shall be deemed to have been received:
11.2.1 If sent by pre-paid first class post, two Business Days
after posting (exclusive of the day of posting); or
11.2.2 If delivered by hand, on the day of delivery; or
11.2.3 If sent by electronic mail on a Business Day prior to Noon,
at the time of transmission and otherwise on the next
Business Day.
12 Waiver
12.1 No waiver by the Supplier of any breach of the contract by the
Agent shall be considered as a waiver of any subsequent breach of the same or
any other provision.
13 Severance
13.1 If any provision of these Conditions is held by any competent
authority to be invalid or unenforceable in whole or in part the validity of the
other provisions of these Conditions and the remainder of the provision in question
shall not be affected thereby.
14. Copyright
14.1 Notwithstanding the delivery of the Order, the intellectual property
therein shall not pass to the Customer until the supplier has received payment
in cleared funds in full.
15. Third Party Rights
15.1 A person who is not a party to the Contract shall have no rights under
the Contract pursuant to the Contract (Rights of Third Parties) Act 1999.
16. Governing Law and Jurisdiction
16.1 These terms and conditions shall be governed by the laws of England
and Wales and parties agree to submit to the exclusive jurisdiction of the English
and Welsh Courts.
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