Energy Efficiency Company - Terms and Conditions

Compliance Terms and Conditions.

1. Definitions:
(A) "We" or "Us" means Energy Efficiency Company UK Limited (EEC) C/O DANBRO Unit 15 Thompson Road, Whitehills Business Park, Blackpool, Lancashire FY4 5PN;
(B) "You" or “Your” refers to the client on your Acceptance and includes your servants and agents;
(C) “Acceptance” means your acceptance of our Client Quotation whether communicated by you by email, fax or letter as part of your completed Client Quotation or howsoever in writing following our competitive bidding process designed by Us to allocate the most appropriate Inteb Assessor at the best possible price; (D) “Datasheet” means the information sheet supplied to you by our Inteb Assessors requesting such data from You as is required in order to supply the Services; (D ) “Fees” are as set out in your Acceptance; (E) “Party” a party to this Agreement; (F) “Properties” are as set out in your Acceptance; (G) “Certificate(s)” means the Display Energy Performance Certificate and/or Energy Performance of Buildings Certificate and/or Air Conditioning Inspection Certificate supplied by Us as a result of supplying the Services; (H) “EEC Assessor(s)” means persons supplied by Us to provide the Services. (I) "Services(s)" means the service of performing inspections and the provision of Certificate(s) of environmental assessments of commercial buildings in accordance with the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 and any subsequent amendments, or regulations which may come into effect from time to time.

2. Appointment
In consideration for Your payment of the Fees We shall supply the Services subject to these terms and conditions only. We will not accept any variation to these terms and conditions unless specifically agreed in writing between Us.

3. Fees
3.1 Fees are payable on issue of invoice which will be prior to the release of the final certificate unless otherwise agreed in writing by us and are calculated by reference to the floor areas and other relevant information specified on the front hereof as gathered from information supplied by You. If there is any material discrepancy between the floor areas or other information supplied by You as stated and the actual floor area or other information as calculated by EEC Assessors from their visual inspection then We reserve the right to make an additional pro-rata charge.
3.2 Fees shall be due if the EEC Assessors attend the Properties and are unable to supply the Services due to any failure of Your obligations under Clause 4 below.
3.3 Interest is due on late payment at 5% above the applicable Barclays Bank Base Rate. All costs incurred by Us in recovering sums due will be payable by You in addition. Agreed account facilities may be withdrawn at any time in the event of repeated late payment.

4. Our Obligations We will:
4.1 Carry out the Services on the date(s) agreed with our EEC Assessors who we shall instruct. Should We for any reason need to vary the said date(s) We or our EEC Assessors will notify you as soon as possible and use every endeavour to notify you no later than 48 hours prior thereto;
4.2 Vet the EEC Assessors to ensure they are qualified and accredited with a duly licensed authority to carry out the Services;
4.3 Manage and maintain a quality scoring mechanism to help you select the best EEC Assessor for your needs. We reserve the right to amend the basis of our quality scoring mechanism at any time without notice to you;
4.4 We will notify you of the information that you will need available when the EEC Assessor visits in order to supply the Services. This information can be found at www.inteb.co.uk/datasheet; and
4.5 We will notify you of the contact details of the appointed EEC Assessor upon his instruction and when he has been successful in his bid;
4.6 We will supply the Certificate(s) to you by post, fax or email when all Fees have been paid in full unless we have agreed credit terms with You in writing.

5. Your Obligations
5.1 On the date(s) agreed with Our EEC Assessor(s) We require Your authorised representative to be available on site to provide access and information concerning the Properties relating to such matters as construction, heating and insulation as required by the EEC Assessors (and as contained in the Datasheet). You must give Us 3 days notice in writing if You require any variation to the said date or dates.
5.2 You agree to supply us with any other information or data concerning the Properties for the purposes of supplying the Services in writing, whether by post, fax or email as required by Us.
5.3 You agree that You are contracting with Us as principal and not as agent on behalf of any third parties.
5.4 You agree not to solicit, hire or employ EEC Assessors or Our employees for a period of 15 months from the date of our invoice whether in relation to the request for the supplying of services or recruitment as your employee or agent or for anyone with whom you are associated or have a business connection. You agree that this restriction is reasonable in all the circumstances and that if any aspect of it is considered to be potentially unreasonable or in restraint of trade we may amend it on written notice to you in order for it to be valid and binding. You agree that an action for damages may not be an adequate remedy on its own and you accept that an injunction to prevent you from acting in contravention of this restriction may be the appropriate remedy.
5.3 You agree to ensure that whilst the EEC Assessors are in attendance at the Properties, You will ensure that the Properties (including any car park areas) are safe, well-lit and that no hazard will be liable to cause them harm or injury or loss or damage to their property. You agree to supply them with all necessary protective clothing (including but not limited to hard hats and reflective clothing wherever necessary) to ensure compliance with Health and Safety legislative requirements. Where other legislation requires other clothing (such as Food Hygiene rules or regulations) You will also make this available.
5.4 You agree to allow Us, our servants and agents, to use Your name(s) and logotype(s) for the marketing and promotion of our Services whether on Our Website or otherwise so long as the form of representation thereof is approved by You, such approval not to be unreasonably withheld or delayed.
5.5 You agree to indemnify and hold Us harmless from and against all actions, claims, demands and costs (including reasonable legal costs) suffered or incurred by us our servants and agents as a direct or indirect result of a breach by you of the terms of this Clause 5.
5.6 You agree that if our EEC Assessor attends the agreed appointment time and date and is not then able to access the property due to you not fulfilling your obligations or cannot access the site for reasons beyond the control of the Assessor then EEC reserve the right to charge a “No Show” fee of £120.

6. Confidentiality
6.1 You may not disclose to any third party any confidential information relating to Us ( or the terms upon which we supply or offer to supply the Services) which may come into Your possession or knowledge during the course of any discussions or business transacted between You and Us.
6.2 We may not disclose any confidential information relating to You, which may come into our possession or knowledge during the course of any discussions or business transactions between You and Us.

7. Liability and Insurance
7.1 Subject to the provisions of the Unfair Contract Terms Act 1977, We will not be liable under any circumstances for any direct or indirect loss, expense or damage (including loss of profit) suffered or incurred by You, Your servants an agents, from or in any way connected with the Services or at all.
7.2 You agree to ensure that You have sufficient public liability insurance cover to satisfy any likely claims made by Us, our servants or agents for personal injury suffered whilst attending the Properties and You must supply Us with written details and copies of the same within 48 hours of our request.
7.3 We have endeavoured to allocate the most appropriate EEC Assessor to carry out the Services at the best possible price following our rigorous competitive bidding process but You agree that We make no representation or warranty in this regard.

8. Intellectual Property
All copyrights, patents, trademarks, design rights know how and the like (“Intellectual Property”) contained in materials, names and logotypes owned or supplied by Us to You or by You to Us shall remain vested in the Party supplying the same and may not be used by the other Party hereto save as set out in this Agreement or otherwise without the prior written permission of the Party in who said rights they are hereby reserved. Each Party warrants to the other that said materials, names and logotypes supplied by them are free from any claims of Intellectual Property infringements.

9. Law & Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and You hereby irrevocably submit to the jurisdiction of the High Court of Justice in London in relation to any claim or dispute arising hereon.