Energy
Assessment
Consultancy
for the South West

EAC South West Terms and Conditions

The Energy Assessment & Building Regulations Compliance Consultancy Providing fast, competitive, energy efficient solutions for your SAP calculation Thermal and Building Regulation compliance needs.

Standard terms and conditions of business

General: These Terms and Conditions shall apply to all contracts for the supply of Services by EAC South West to the client (client included within term: client, applicant and customer) of EAC South West and shall prevail over any other documentation or communication from the client (the client is person or organisation commissioning the EAC South West service or product) and any variation to these Terms and Conditions shall be inapplicable unless agreed in writing EAC South West.

  • 1 Fees & Payment
    • 1.1 The fees charged for the preparation of an EAC South West service/product will be calculated in accordance with an assessment of the related costs for delivery of that service.
      • Fees quoted will be payable as indicated in the quote and always before final preparation of the Design Final and Energy Performance Certificate.
      • Fees should be paid in full by the client upon acceptance of quote or under special contract agreement terms and then within 30 days of the date of an invoice.
      • Once a service has been ordered, the price shall remain fixed for the Customer unless conditions of the quote are changed by the client.
    • 1.2 Payment of the fee shall usually be paid and funds cleared before EAC South West will progress the work or produce an EPC Certificate unless, an alternative arrangement has been agreed in advance and in writing.
    • 1.3 Fee payments can be accepted by cheque (payable to EAC South West), or by bank transfer (account details will be provided upon request) or by cash, for which a receipt will be issued.

      Payment can be made either by
      BANK TRANSFER: 09-01-29 36749481 (please identify payment using your EAC South West Ref)
      CHEQUE: Cheque made payable to MyPlace Design Ltd. (write your EAC South West Ref on the back) and send to EACsw, 12A Lidden Road, Penzance, Cornwall TR18 4PG

      • Payment in arrears will be by prior agreement only.
      • Invoiced amounts shall be due and payable upon receipt of invoice from EAC South West and not later than 30 than 30 days after an invoice is issued.
      • There may be a separate charge for extra assessments, calculations and any additional material that is requested if additional time is necessary. EAC South West will make the client aware that an additional charge will be required before proceeding with this work.
    • 1.4 If EAC South West is booked to / visit a site and the client reschedules on day of arranged visit or because of a breach of the terms of engagement then EAC South West reserve the right to raise the fee charged for the re-arrangement of a site visit by up to 50% (fifty percent).
    • 1.5 No SAP energy rating As Built Final or Energy Performance Certificate documentation will be released in advance, until of receipt of agreed payment.
    • 1.6 EAC South West will send details of calculations and report(s) to the customer by email or paper. If any further copies are requested (whether they are paper or e-mail) then EAC South West shall be entitled to administer an additional charge.
    • 1.7 You have the right to withdraw from the contract at any point. Formal notice of your decision must be made in writing. Please be aware that EAC South West may charge for time and expenses incurred up to the point at which, the written notice of the cancellation is received.
  • 2 Engagement
    • 2.1 The fee payable will be agreed prior to any assessment being undertaken.
    • 2.2 The date and approximate time for a site visit must be agreed and confirmed in writing (email / text) prior to any assessment being undertaken.
    • 2.3 If the client or representative will not be attending a site visit then the client must ensure that EAC South West is notified with instructions for the collection and return of the keys to the property and any alarm codes necessary.
      • Any codes disclosed should be altered immediately following the visit.
    • 2.4 The client is responsible for ensuring that the EAC South West assessor has safe access to all parts of a building when on site.
  • 3 Customer Obligations to enable EAC South West to perform its obligations
    • 3.1 Co-operate with EAC South West
    • 3.2 Provide the EAC South West with any information reasonably required
    • 3.3 Keep EAC South West informed of any relevant changes to delivery of the specific related product
    • 3.4 Keep EAC South West notified of their correct name, postal address, land-line / mobile phone / e-mail contact details.
    • 3.5 Comply with such other requirements as agreed between the parties.
      • Please Note: EAC South West product information is based upon information supplied to us by the client and any amendments suggested is in no manner an endorsement of a particular product or system and it is for the Client to make that judgement.
      • For example, an improved wall ‘U’-value may be obtained by using a wall block with a better thermal conductivity however, that wall block may not suit the structural requirements of that situation.
      • EAC South West will always deliver products with reasonable care, skill and diligence but, EAC South West can accept no liability for errors arising under the Building Regulations or non-compliance with required standards during construction.
  • 4 Obligations
    • 4.1 EAC South West shall perform the services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
    • 4.2 EAC South West shall provide suitable information required to satisfy the relevant requirement in a suitable format to satisfy the requirements of the service being provided
    • 4.3 Delivery of such correspondence from EAC South West to the client shall be made in a timely manner from date of completed assessment and receipt of payment.
    • 4.4 Data protection: EAC South West will not divulge the client’s details to a third party without the prior consent of the client.
  • 5 Liability
    • 5.1 EAC South West recognises the client’s statutory rights.
    • 5.2 EAC South West shall not be liable for any loss or damage whatsoever that the client suffers as a result of EAC South West being unable to fulfil any of its obligations due to the occurrence of an event of force majeure.
      • Force Majeure: Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, fire, breakdown of plant or machinery the party shall be entitled to a reasonable extension of its obligations.
    • 5.3 EAC South West shall not be liable for any loss or damage whatsoever that the client might suffer for a site visit to a vacated empty or unoccupied property following an unaccompanied site visit.
    • 5.4 If a client disputes the findings of a SAP energy assessment and after discussion with EAC South West, then EAC South West will carry out the reassessment with the agreement that:
      A If the original SAP energy assessment is found to be inaccurate, a replacement SAP energy assessment will be provided free of charge
      B If the original SAP energy assessment is found to be accurate, the client will be liable for the original fee again.
  • 6 Complaints Procedure

    • EAC South West is eager to ensure that all clients enjoy swift, friendly and professional service and we hope that you will not need to use this process. We appreciate your business and we aspire to treating you in a fair and professional manner however, we recognise that sometimes things can sometimes go wrong and the points below explains how we will deal with any complaints that you may have concerning EAC South West.

    • 6.1 If you have reason to complain about the standard of work that EAC South West has provided for you, please raise your complaint at the earliest opportunity, to lodge your complaint you may do this via telephone or through an e-mail.
      • Please include details explaining exactly why you are not satisfied with the service you have received and that you keep a copy of your complaint communications.
    • 6.2 Vanessa Downing and Jeremy Downing are Directors of EAC South West and will endeavour to resolve the matter immediately and fairly, although in some cases we may need a little time to investigate. We will try to formally respond to your complaint within 10 days.
    • 6.3 Hopefully, EAC South West will deal with your complaint to your satisfaction in the first instance, but if it remains unresolved we will try to arrive at a solution that is acceptable to both parties. If your complaint is not satisfactorily resolved, then you can refer your complaint to our Accreditation Scheme from whom a complete copy of the Code of Conduct for On Construction Domestic Energy Assessor may be obtained.
      • National Energy Services Limited, Davy Avenue, Knowlhill, Milton Keynes, MK5 8NA
    • 6.4 Should the result of this investigation still not be satisfactory you can pass the complaint to Trading Standards to carry out its own enquiries. If the results of the Trading Standards investigation are inconclusive and Trading Standards are unable to reach a decision, the customer may pursue the complaint through the small claims court.
  • 7 Copyright
    • 7.1EAC South West correspondence may only be used in the format in which EAC South West issues them, be it written form on paper, provided in an electronic format or in any other medium and correspondence may not be used in any other format other than that supplied.
    • 7.2Customers may not at any time, without prior written permission of EAC South West, make copies or reproductions (in whatever form) of any assessments, reports or calculations. Where any such copy is considered reasonably necessary, EAC South West will provide written permission.
  • 8 Privacy Policy
    • 8.1 EAC South West is committed to ensuring that your privacy is protected and we will not sell, distribute or lease your personal information to third parties.
  • 9 Severence
    • 9.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.