By placing an order with London Energy Surveys Ltd, you are accepting our terms and conditions. Your existing statutory rights are not affected by these conditions.
These Terms and Conditions (‘the Terms’) govern your relationship with us. Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these terms, please do not place an Order for a Service with us.
In these terms and conditions, the words below shall have the following meanings:-
‘We’, ‘us’, ‘our’ are all references to London Energy Surveys Ltd
‘Report’ means any search report or assessment prepared by us in respect of the Property or Company
‘Property’ means the address or location supplied by the Customer or Client in the Order for the Report.
‘Order’ means any request completed by the Customer or Client requesting the Report.
‘Customer’ means the person, company, partnership or other organisation placing an Order either on their own behalf as a Client, or as an agent for the Client.
‘Client’ means the seller, buyer, potential buyer, lender or landlord in respect of the Property who is the intended recipient of the Report and has an actual or potential interest in the property.
‘Next Day’ means your certificate will be produced next working day. (Subject to the property being registered on the ‘Landmark’ Data base.
‘Working Day’ means Monday to Friday, excluding Bank or other Public holidays.
‘Fixed Fee’ means a set price given to the service offered.
We agree to supply the report(s) and/or assessments to the Customer/Client subject to these terms and the Customer/Client indicates their acceptance of these terms when placing an order for the Report or when relying on the information in the Report.
Where the Customer is acting as an agent for the Client then the Customer shall be responsible for bringing these terms to the attention of the Client.
3.0 Reports & Assessments
We will produce reports and assessments with reasonable care and skill and it is provided to the Customer and/or Client on the basis that they acknowledge and agree to the following:-
• The information in our reports/assessments reflects that available to us on the date the reports/assessments was produced.
• The information contained in a report/assessment can change on a regular basis and we cannot be responsible to the Customer and/or Client for any change in the information after the date on which the report/assessment was produced.
• Our reports/assessments are produced for use in relation to individual property only and is for the property supplied in the order form.
• Our reports/assessments are intended for the personal use of the customer and/or client.
To the best of our knowledge neither the person nor persons who prepare our reports nor the person who carried out our search have any current or previous personal or business relationship with any person involved in the property transaction. If it has come to our attention that there is a relationship, we will make it clear in any reports.
5.0 Insurance Schedules
We will at all times ensure that we hold adequate insurance to carry out our tasks and where necessary we will ensure that any third parties we instruct to fulfil our obligations carry adequate insurance.
We will at all times provide our Insurance details or copies of any cover notes to our registered customers or any other person(s) involved in the transaction upon request. We ask that we are allowed at least 24 hours to provide these details.
We will ensure that all our assessors and engineers hold the relevant insurance and will provide copies of any policy upon request. We ask that we are allowed at least 24 hours to provide these details.
6.0 Data Protection
All instructions and information received by us shall be dealt with by us in strictest confidence. We will not provide any details or copy documents to third parties unless instructed to do so by the client, client’s agent or by law
The copyright and intellectual property rights in the Report shall remain our property.
7.1 The client agrees to respect and not to alter any trademark, copyright notice or trading name which appears on the Report.
7.2 The Customer and/or Client agree to indemnify us against any costs, claims and damage suffered by us as a result of any breach by them of the copyright terms in paragraphs 7 and 7.1.
8.0 Complaints Procedure
London Energy Surveys Ltd will handle any complaints both speedily and fairly.
If you want to make a complaint, we will:-
• Acknowledge it within 5 working days of receipt.
• Normally deal with it fully and provide a final response, in writing, within 20 working days of receipt.
• Keep you informed by letter, telephone or e-mail, as you prefer, if we need more time.
• Provide a final response, in writing, at the latest within 40 working days of receipt.
• Liaise, at your request, with anyone acting formally on your behalf.
If you are not satisfied with our final response, or if we exceed the response timescales, you may refer the complaint to The Property Ombudsman scheme
We will co-operate fully with the Ombudsman during an investigation and comply with his final decision.
Complaints should be sent to:- Managing Director of London Energy Surveys Ltd
Mr. Andrew Peters Email: firstname.lastname@example.org
The Customer shall pay for the price of the Report specified by London Energy Surveys Ltd, without any set off, deduction or counterclaim. Unless the Customer or Client has an account with London Energy Surveys Ltd for payment for Reports, we must receive payments for Reports in full before the Report is produced. For Customers or Clients with accounts, payment terms will be as agreed with.
10.0 Events beyond Our Control
Neither party to the Agreement shall be liable for any delay or failure to perform their obligations caused by any circumstance beyond their control, and such party shall be entitled to a reasonable extension of time for the performance of such obligation.
11.0 Time allocation for jobs
We allocate 2 hour time slots from Monday to Saturday for any property assessments and these are supplied on a first come, first served basis. Your assessor can arrive any time between the start of your slot and the end of your slot. Sometimes it may be necessary to re-schedule an appointment due to factors beyond our control. If it is necessary to do this, we will attempt to contact you to try and re-schedule another appointment as soon as possible at a mutually convenient time.
12.0 Missed Appointments
If you are unable to keep a service appointment please contact us to re-book the appointment on 0203 633 4834 as soon as possible. Cancellations made less than 24 Hours before the appointment is due will incur an administrative charge of £30.00.
Non-attendance – Should we attend but cannot gain access to the property or parts of the property so we cannot complete the survey the client will be responsible to pay our full fee for Domestic EPC’s or 50% of the fee for commercial EPC’s and Fire Risk Assessments
Please note that all terms in this contract apply to any third party you instruct to be at a premises on your behalf e.g. if you have a tenant that will be giving us access to the property the same terms apply.
13.0 General Principles of Business
At all times we will:-
• Act with integrity and carry out work with due skill, care and diligence.
• Conduct business in an honest, fair and professional manner.
• Handle complaints speedily and fairly
• At all times maintain adequate and appropriate insurance to protect consumers
We will co-operate fully with the Ombudsman during an investigation and comply with their final decision. You have 12 months from the date of our final response letter to make a complaint.
14.0 Miscellaneous Matters
• Unless otherwise agreed, all instructions must be confirmed by Email or in writing and include full postal address, access details, company name and the appropriate fee.
• In the event of the client requesting ‘hard copy documents’, a fee will be charged based on the cost/time elements of providing said documents. We undertake to inform the client of such fees at the time of the request
• Unless otherwise agreed standard payment terms are Cash, BACS or PayPal. Prior to the release of Certificates.
• Please note invoices and statements are submitted electronically. We are a carbon neutral Company and consequently does not provide hard copies of search reports and other documentation as standard unless requested
• We reserve the right to withhold any results until payment has been received
• All information held by us is covered by the Data Protection Act