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Assessing Energy Direct

Elizabeth Baxter Dip DEA
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Terms and Conditions

These terms and conditions of business represent the agreement between the Parties (as hereinafter defined) for non-exclusive engagement of the services offered by Elizabeth Baxter or Elizabeth Baxter trading as Assessing Energy Direct hereinafter referred to as Elizabeth Baxter. No variation of these terms shall be made without mutual consent in writing of both Parties. It is important that the Client reads and fully understands this document as it establishes the working relationship between the Parties. The Client is encouraged at any time to seek clarification on any matter contained in this document by contacting Elizabeth Baxter.

1. Definitions

1.1. “Agreement” shall mean the contracted engagement by the Client of the services
offered by Elizabeth Baxter pertaining to the provision of EPCs subject to these
terms and conditions.

1.2. “Certification Scheme” shall mean a body approved by the DCLG to certify and license
Domestic Energy Assessors under the provisions of the Housing Act 2004.

1.3. “Client” shall mean the individual person or body corporate that engages
Elizabeth Baxter to provide EPCs either on their own behalf or on behalf of an
identified third party subject to these terms of business.

1.4 “Elizabeth Baxter” shall mean Elizabeth Baxter of Fairwinds, Burrow, Broadclyst, Devon, EX5 3HZ.

1.5. “Energy Assessment” shall mean the process of obtaining information at the
Property necessary for the production of an EPC.

1.6. “Engagement” shall mean the request by the Client, on its own behalf or on behalf
of any Third Party, made to Elizabeth Baxter to engage the services of Elizabeth Baxter as defined herein and subject to acceptance by the Client of these terms
of business. Such acceptance shall be considered as so confirmed by any request,
query or any other correspondence to Elizabeth Baxter from the Client, or any
relevant Third Party detailed by the Client, pertaining to any particular service following
receipt of a notice in writing.

1.7. “EPC” shall mean an Energy Performance Certificate produced by a certified and
licensed Domestic Energy Assessor in accordance with an approved Certification
Scheme and lodged in the Landmark register.

1.8. “Fees” shall mean the professional fees of Elizabeth Baxter as detailed in writing or
in person at any time for any service provided therein.

1.9. “Parties” means the client and Elizabeth Baxter.

1.10. “Property” shall mean the property for which the EPC is produced.

1.11. “Third Party” shall mean any individual person or body corporate made party to the
engagement of Elizabeth Baxter by the Client as detailed above and including but
not limited to an estate agent, solicitor, conveyancer, search provider, any third party
being similarly subject to these terms of business upon being made party to the
engagement of Elizabeth Baxter by the Client.

2. Engagement

2.1. Immediately upon the Client’s instructions to Elizabeth Baxter to produce an EPC,
the Client agrees to the terms of this agreement and further the Client agrees and
accepts that Elizabeth Baxter is under no obligation to commence or undertake any
work in respect of that EPC until such requested initial information and/or data has
been received and passed as satisfactory by Elizabeth Baxter. Upon receipt of the requested information Elizabeth Baxter will provide the required EPC for the Client. Acceptance of these terms of business is deemed binding on the Client for all instructions to Elizabeth Baxter.

2.2. The Client agrees that any information or documentation provided to Elizabeth Baxter
pursuant to Clause 2.1 above is true and accurate and will remain so. Further the Client hereby
indemnifies Elizabeth Baxter for any loss or damage Elizabeth Baxter may suffer
directly or indirectly as a result of the Client”s breach of this Clause 2.2 such loss or
damage including but not being limited to the legal costs of defending any civil claim
or criminal penalty against Elizabeth Baxter arising from the Client”s breach hereof.

2.3. The Client agrees that Elizabeth Baxter may sub-contract all or any of the services to another local
Domestic Energy Assessor, suitably qualified, accredited and insured, to produce
EPCs on behalf of Elizabeth Baxter, as and when necessary.

2.3.1 The Client accepts that Elizabeth Baxter will charge fees for its services. Such fees will
have been clearly identified to the Client at the times of signing these terms of business.
Any time or work undertaken to pursue or retrieve any fees due to Elizabeth Baxter
shall represent billable time based upon Elizabeth Baxter’s rate of £50 per hour and
subject to this Clause 2.3. Such fees shall not exceed the Fees for the EPC.

2.4. It is accepted by the Client that upon engagement Elizabeth Baxter shall have already
delivered services in part to the Client, and there shall be no standard “cooling off”
period or cancellation of services at this point, such condition to have been made clear
to the Client in prior communications from Elizabeth Baxter including but not limited to
delivery of these terms of business. At no time shall the Client hold legitimate claim
against Elizabeth Baxter under the conditions in this clause 2.4.

2.5 The Client accepts that where Elizabeth Baxter offers any terms of deferred payment
or payment in abeyance, these offers are subject to the Client following the advice and
due processes of Elizabeth Baxter.

2.6 Elizabeth Baxter will reschedule an appointment for an Energy Assessment that is
cancelled through no fault of Elizabeth Baxter. The Client agrees that Elizabeth Baxter
reserves the right to refuse the instructions for an EPC upon a second such cancellation.

3. Fees and Payment

3.1. Payment and method of payment of Elizabeth Baxter’s fees and any other relevant
remuneration under this Agreement shall survive the termination of this Agreement .

3.2. The Client agrees to pay to Elizabeth Baxter such fees as are detailed to the Client for
the provision of an EPC.

3.3 The Client agrees to pay any fees due before the Client receives confirmation that the
EPC has been produced and lodged with the Certification Scheme, or within some other
period agreed by the Parties as indicated on such invoices.

3.4. Any cancellation, delay or other default of any such payment shall incur interest at the
rate of 5% above the base rate of Barclays Bank lending rate.

3.5. As and when any relevant Government authorities or other bodies amend their fees or
charges, Elizabeth Baxter reserves the right to in turn amend such charges to the
Client irrespective of any quotes undertaken by Elizabeth Baxter prior to or upon
engagement by the Client. Such charges are in addition to fees and charges
stated herein.

3.6. The Client undertakes not to withhold any payment due to Elizabeth Baxter arising out
of any service hereunder on any grounds, including the existence of any dispute between
the Client and Elizabeth Baxter or any other party regarding an application or any other
matter.

4. Liability

4.1. Elizabeth Baxter shall not be liable for any loss or damage of any description whatsoever arising from the delay in the production of an EPC arising from any action outside of her reasonable control.


4.2. In any event Elizabeth Baxter’s liability shall be limited to the amount of our Fees
received by Elizabeth Baxter in respect of any EPC from which such liability may arise.

5.General

5.1. It is accepted by the Client that, where there is any third party involvement outside the
control of Elizabeth Baxter, such as any Government of regulatory body, the performance
in time of Elizabeth Baxter’s obligations hereunder may in turn be affected by that third
party’s timekeeping. In the interests of clarity this means that Elizabeth Baxter will make
best endeavours to perform its obligations in a timely manner but cannot be held responsible
for any delays caused or time taken by third parties.

5.2. The Client here warrants that any engagement duly authorised as detailed herein by
individuals employed by the Client shall be considered legitimately so and fully empowered
by their respective companies. At no time shall this Agreement be disputed on the grounds
that such individuals are not or should not be seen to be authorised
by their respective companies to do so.

5.3. This Agreement shall terminate immediately upon any material breach of its terms without
remedy within 14 days by Elizabeth Baxter or the Client or any Third Party. The provisions
of this Agreement concerning remuneration and limitations of liability shall survive its termination.

5.4. Any notices to be served hereunder may be served upon Elizabeth Baxter, Fairwinds, Burrow, Broadclyst, Devon, EX5 3HZ, and any notices to be served upon
the Client or any Third Party may be served upon those parties at the last address notified by
them to Elizabeth Baxter as being their places of business or address for service, service being
deemed to have been effected 7 days after posting by inland post, 14 days after posting from
outside the United Kingdom, or 2 days after transmission by facsimile or email.

5.5. Neither this Agreement nor any rights or obligations hereunder shall be assigned or otherwise
transferred by the Client without the prior written consent of Elizabeth Baxter.

5.6. The unenforceability of any clause of this agreement of any part hereof shall not affect the enforceability of the remainder of the Agreement.

5.7. These terms and conditions are governed by the laws of England & Wales and the forum for
the resolution of any disputes arising howsoever here from shall be the High Court of Justice,
Strand, London, England.

Click Here to download a copy of these terms and conditions.