Terms & Conditions – Domestic Energy Assessor Services
Definitions
"Domestic Energy Assessor" or "Company" refers to HESS Ltd, which provides energy assessment services under these terms. "Client" is the person or entity requesting services from the Domestic Energy Assessor.
"Report" refers to any document, advice, or statement provided in connection with the Client's instructions.
"Disbursements" include reasonable expenses such as travel, printing, electronic transmission fees, and accommodation where necessary. "Fees" refer to the charges for our services
The Report
The report you have requested is an Energy Performance Certificate (EPC). The help notes attached to this document detail what the EPC will or will not inspect. These notes form part of the agreement between you and us, and you should read them carefully.
Our Role & Professional Standards
As certified Domestic Energy Assessors, we provide EPCs for property sales and rentals. Our inspections comply with all applicable legal requirements, our Code of Conduct, and the standards set by our accreditation body, Elmhurst. The EPC is a reliable document for you and any prospective buyer or tenant. Visit our website for complaint procedures.
Third Parties & Liability
Third parties such as estate agents, solicitors, or letting agents may be involved in your transaction, but we are not responsible for their services, actions, or any delays caused by them. We are liable only for fees paid, except in cases of negligence by our Code of Conduct.
Appointments & Cancellations
We will make every effort to honor scheduled appointments, but if we need to reschedule, we will aim to do so within 48 hours. If you cancel with less than 24 hours' notice, a cancellation fee may apply.
Please ensure that you or a responsible adult is available at the agreed time.
Property Access
We require access to specific areas of the property to complete our assessment. Access points are thoroughly detailed in the help documentation. If we are unable to access the necessary areas, we will not be able to complete the report. However, you will still incur charges for the inspection. If a minor (under 18) is the only person present, we will not proceed with the inspection, and the full fee will still apply. Should access be unavailable and a subsequent visit become necessary, an additional fee will apply.
Fees & Payment
The service fees must be agreed upon in advance and should be paid before the scheduled inspection date. We only accept credit cards and debit cards (no cheques), this is payable via payment link or card machine on the assessed property. If you do not pay, a fee and recovery costs will apply if a debt collection agency is used. Refunds are not available once the EPC is in progress.
Data Protection
We collect and use your personal data only for processing your request. We will not share it except as necessary to provide our service. EPC inputs and assessments will be kept for 15 years to comply with insurance and regulatory requirements. Please inform us of any changes to your personal information. You can request access to your personal data for a small administrative fee.
Responsibilities
Our Responsibilities
We will conduct inspections with reasonable care and skill, in line with professional and legal standards. We will provide a report detailing our findings, assessments, and recommendations. We will keep your information confidential, unless legally required to disclose it. Any intellectual property created remains our property, but you may share the report with relevant third parties.
Your Responsibilities
Ensure timely payment of fees. Provide accurate information and unrestricted access to the property.
Liability & Insurance
We are not liable for indirect losses (e.g., delays, inconvenience) unless caused by gross negligence.
Liability for professional negligence is limited to the service fee. We have Professional Liability Insurance, available for review upon request.
Force Majeure
We are not responsible for delays or failures caused by events beyond our control, such as natural disasters, legal restrictions, industrial action, or civil disturbances.
Subcontracting
We may subcontract services but remain fully responsible for service quality. You will be notified of any subcontracting, and you may raise objections on reasonable grounds.
Time Limits for Claims
File claims within one year of receiving the EPC.
Document Retention
We will keep records and reports for 15 years. Documents can be requested to be returned or destroyed after service completion.
Governing Law
English law governs these terms. Disputes will be resolved in English courts or through London arbitration. We reserve the right to enforce an arbitration ruling internationally.