Terms and Conditions

 

Terms and Conditions

Terms of Sale

 

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Services are sold and provided by Us through this website, www.thepropertyphotographycompany.co.uk (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Services from Our Site.  You will be required to read and accept these Terms of Sale when ordering Services.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Services through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

 

 

  1. Definitions and Interpretation
      1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

 

“Contract”

means a contract for the purchase and sale of Services, as explained in Clause 8;

“Order”

means your order for the Services;

“Order Confirmation”

means our acceptance and confirmation of your Order;

“Services”

means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation); and

“We/Us/Our/Photographer/Assessor”

means The Property Photography Company Ltd, a company registered in England under company number 11758246, whose registered address is 20-22, Wenlock Road, London, England, N1 7GU.

 

  1. Information About Us
      1. Our Site, www.thepropertyphotographycompany.co.uk is operated by The Property Photography Company Ltd, a limited company registered in England under company number 11758246, whose registered address is 20-22, Wenlock Road, London, England, N1 7GU

 

  1. Access to and Use of Our Site

 

      1. Access to Our Site is free of charge.
      2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
      3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
      4. Use of Our Site is subject to our Website Terms of Use.  Please ensure that you have read them carefully and that you understand them.

 

  1. Age Restrictions

 

      1. Consumers may only purchase Services through Our Site if they are at least 18 years of age.

 

  1. International Customers

Our Services are available to UK and international customers.  However the prices listed are for UK based customers. For overseas properties please contact us to discuss your requirements.

 

  1. Services, Pricing and Availability
      1. We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.
      2. Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Services, not to different Services altogether.
      3. Where appropriate, you may be required to select the required (e.g. package of) Services.
      4. We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order.  Availability indications are provided on Our Site (however, such indications may not take into account orders that have been placed by other customers during your visit to Our Site).
      5. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  All pricing information is reviewed and updated quarterly. Changes in price will not affect any Order that you have already placed.

 

All prices are checked by Us when We process your Order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed.  We will give you the option to purchase the Services at the correct price or to cancel your Order (or the affected part thereof).  We will not proceed with processing your Order until you respond.  If We do not receive a response from you within seven days, We will treat your Order as cancelled and notify you of the same in writing.

      1. In the event that the price of Services you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
      2. All prices on Our Site are not currently subject to VAT.  If the prices are subject to VAT at any time in the future, the VAT will be included in the price shown.

 

  1. Orders – How Contracts Are Formed
      1. Our Site will guide you through the ordering process.  Before submitting your Order to Us you will be given the opportunity to review your Order and amend any errors.  Please ensure that you have checked your Order carefully before submitting it.
      2. No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that We have accepted it.  Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding contract between Us and you (“the Contract”).
      3. Order Confirmations shall contain the following information:
          1. Confirmation of the Services ordered including full details of the main characteristics of those Services;
          2. Fully itemised pricing for the Services ordered including, where appropriate, taxes and other additional charges;
      4. We can also provide a paper copy of the Order Confirmation on request.
      5. If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within seven days.
      6. You may change your Order at any time before We begin providing the Services by contacting Us by email at paul@thepropertyphotographycompany.co.uk or by phone on 07341 948104.
      7. If you change your Order, We will confirm all agreed changes in writing.
      8. If you change your mind, you may cancel your Order or the Contract before We begin providing the Services subject to these Terms of Sale.  For details of your cancellation rights, please refer to Clauses 10 and 11.
      9. We may cancel your Order at any time before We begin providing the Services in the following circumstances:
          1. The required personnel and/or required materials necessary for the provision of the Services are not available; or
          2. An event outside of Our control continues for more than one day (please refer to Clause 15 for events outside of Our control).
          3. When UAV photography is ordered, if the UAV operator feels he is unable to carry out the task legally and safely, for example because of local airspace concerns.
      10. If We cancel your Order under sub-Clause 7.9 and We have taken payment any such sums will be refunded to you as soon as possible and in any event within seven days.  If We cancel your Order, you will be informed by email.
      11. Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Services (unless you specifically request that We make a refund using a different method).

 

  1. Payment
      1. Payment for the Services through the website will be due in the form of an advance payment of 100% of the total price for the Services. Price and payment details will be confirmed in the Order Confirmation.  Your chosen payment method will be charged as indicated.
      2. We accept the following methods of payment on Our Site:
          1. Visa;
          2. Mastercard;
          3. Amex;
          4. Apple Pay;
          5. Google Pay;
          6. Paypal
      3. We do not charge any additional fees for any of the payment methods listed in sub-Clause 8.2
      4. Orders made by phone or email will be invoiced on the day the work is completed and must be paid within 7 days.
  1. Provision of the Services
      1. As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the industry, and in accordance with any information provided by Us about the Services and about Us.  We will begin providing the Services on the date agreed when you make your Order (which We shall confirm in the Order Confirmation).  Please note that if you request that the Services begin within the legal 14 calendar day cancellation (or “cooling off”) period, your right to cancel may be limited or lost.  Please refer to Clauses 10 and 11 for more details on your cancellation rights, including the cooling off period.  We will use all reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
      2. We will continue providing the Services until the estimated completion date set out in the Order Confirmation.
      3. We will make every reasonable effort to provide the Services in a timely manner and to complete them on time.  We cannot, however, be held responsible for any delays if an event outside of Our control occurs.  Please refer to Clause 15 for events outside of Our control.
      4. If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible.  Depending upon the nature of the Services you have ordered, We may require information or action such as access points.
      5. If the information you provide or the action you take under sub-Clause 9.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result.  If additional work is required from Us to correct or compensate for a mistake made as a result of delayed, incomplete or otherwise incorrect information or action that you have provided or taken, We may charge you a reasonable additional sum for that work.
      6. In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 9.4, We may suspend the Services and will inform you of that suspension by email or telephone.
      7. In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Services to resolve the issue.  Unless the issue is an emergency that requires immediate action We will inform you in advance by email or telephone before suspending or interrupting the Services.

 

  1. Your Legal Right to Cancel (Cooling Off Period)
      1. As a consumer in the European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason.  This period begins once your Order is accepted and We have sent you an Order Confirmation, i.e. when the Contract between you and Us is formed.  The period ends at the end of 14 calendar days after that date.
      2. If you wish to exercise your right to cancel under this Clause 10, you must inform Us of your decision within the cooling off period.  You may do so in any way you wish. Cancellation by email or by post is effective from the date on which you send Us your message.  Please note that the cooling off period lasts for whole calendar days.  If, for example, you send Us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted.  If you would prefer to contact Us directly to cancel, please use the following details:
          1. Telephone: 07341 948104
          2. Email: paul@thepropertyphotographycompany.co.uk

 

      1. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future, however please note that you are under no obligation to provide any details if you do not wish to.
      2. As specified in sub-Clause 10.1, if the Services are to begin within the cooling off period you are required to make an express request to that effect.  This request forms a normal part of the order process.  By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
          1. If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
          2. If you cancel after provision of the Services has begun but is not yet complete you will still be required to pay for the Services provided up until the point at which you inform Us that you wish to cancel.  The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided.  Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing.  Refunds, where applicable, will be issued within seven days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.  Refunds will be made using the same payment method you used when ordering the Services (unless you specifically request that We make a refund using a different method).

 

  1. Cancellation After the Legal Cancellation Period
      1. Cancellation of Contracts after the 14 calendar day cooling off period has elapsed shall be subject to a minimum notice period of 24 hours before the work is due to commence.
      2. If you wish to cancel under this Clause 11, you must inform Us of your decision to do so.  You may do so directly, by using the following details:
          1. Telephone: 07341 948104
          2. Email: paul@thepropertyphotographycompany.co.uk

 

      1. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future, however please note that you are under no obligation to provide any details if you do not wish to.
      2. You may be entitled to cancel immediately by giving Us written notice in the following circumstances:
          1. We breach the Contract in a material way and fail to remedy the breach within seven days of you asking Us to do so in writing; or
          2. We go into liquidation or have a receiver or administrator appointed over Our assets; or
          3. We change these Terms of Sale to your material disadvantage; or
          4. We are adversely affected by an event outside of Our control.
      1. Eligibility for refunds may vary according to the Services ordered.  You will be required to pay for Services supplied up until the point at which you inform Us that you wish to cancel (please note that this may include charges for preparatory work that We have undertaken where We have reasonably incurred costs).  Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.  Details of the relevant terms will be provided and confirmed in Our Order Confirmation.  If you are cancelling due to Our failure to comply with these Terms of Sale or the Contract, you will not be required to make any payment to Us (unless such failure is due to an event outside of Our control or is due to your failure to comply with any of your obligations).
      2. Refunds under this Clause 11 will be issued to you within seven calendar days and in any event no later than 14 calendar days after the date on which you inform Us that you wish to cancel.  Refunds will be made using the same payment method you used when ordering the Services unless you specifically request that We make a refund using a different method.

 

  1. Our Rights to Cancel
      1. For cancellations before we begin providing the Services, please refer to sub-Clause 7.9.
      2. We may cancel the Services after We have begun providing them due to an Event outside of Our control or due to the non-availability of required personnel and/or required materials necessary for the provision of the Services.  In such cases, you will only be required to pay for Services that We have already provided up until the point at which We inform you that We are cancelling the contract.  Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums and if you have already made any payment to us, such sums will be refunded to you.
      3. Once We have begun providing the Services, We may cancel the Contract at any time and will give you at least one day written notice of such cancellation.  You will only be required to pay for Services that you have received.  Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.
      4. Refunds due under this Clause 13 will be issued to you within seven days  of informing you of the cancellation.  Refunds will be made using the same payment method you used when ordering the Services (unless you specifically request that We make a refund using a different method).
      5. We may cancel immediately by giving you written notice in the following circumstances:
          1. You fail to make a payment by the due date as set out in Clause 9.  This does not affect Our right to charge you interest on any overdue sums as set out in sub-Clause 9.4; or
          2. You breach the contract in a material way and fail to remedy the breach within seven days of Us asking you to do so in writing.

 

  1. Problems with the Services and Your Legal Rights

 

      1. We always use reasonable endeavours to ensure that Our Services are trouble-free.  If, however, there is a problem with the Services please contact Us as soon as is reasonable possible via phone on 07341 948104 or emailpaul@thepropertyphotographycompany.co.uk.
      2. We will use reasonable endeavours to remedy problems with the Services as quickly as is reasonably possible and practical.  In emergency situations, such as those where vulnerable people may be affected, We will use reasonable endeavours to remedy problems within 24 hours.
      3. We will not charge you for remedying problems under this Clause 14 where the problems have been caused by Us, any of Our agents or sub-contractors, or where nobody is at fault.  If We determine that a problem has been caused by you, including your provision of incorrect or incomplete information or taking of incorrect action, sub-Clause 10.5 will apply and We may charge you for the remedial work.
      4. As a consumer, you have certain legal rights with respect to the purchase of services.  For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.  If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.  If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price.  If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance.  In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund.  Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you (unless you request an alternative method).  In addition to your legal rights relating directly to the Services, you also have remedies if We use materials that are faulty or incorrectly described.

 

  1. Our Liability
      1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
      2. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
      3. If We are providing Services in your property and We cause any damage, We will make good that damage at no additional cost to you. We are not responsible for any pre-existing faults or damage in or to your property that We may discover while providing the Services.
      4. Nothing in these Terms of Sale seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
      5. Nothing in these Terms of Sale seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
      6. Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

 

  1. Events Outside of Our Control (Force Majeure)
      1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control
      2. If any event described under this Clause 15 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
          1. We will inform you as soon as is reasonably possible;
          2. Our obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
          3. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
          4. If the event outside of Our control continues for more than seven days We may cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which We inform you of the cancellation;
          5. If an event outside of Our control occurs and continues for more than seven days and you wish to cancel the Contract as a result, you may do so using the following contact details: Telephone: 07341 948104;

                                       Email: paul@thepropertyphotographycompany.co.uk

 

In each case, providing Us with your name, address, email address, telephone number, and Order Number.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which you inform Us that you wish to cancel.

 

  1. Communication and Contact Details
      1. If you wish to contact Us with our services, general questions or cancellations  you may contact Us by telephone at 07341 948104 or by email at paul@thepropertyphotographycompany.co.uk.
  1. Complaints and Feedback
      1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
      2. If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
          1. By email, addressed to Paul Stott at paul@thepropertyphotographycompany.co.uk.
          2. By contacting Us by telephone on  07341 948104.

 

  1. How We Use Your Personal Information (Data Protection)


      1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
      2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy https:/www.thepropertyphotographycompany.co.uk/pages/privacy-policy and Cookie Policy https://thepropertyphotographycompany.co.uk/pages/cookie-policy.
  1. Other Important Terms
      1. We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
      2. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
      3. The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
      4. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.
      5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
      6. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale at any time, We will give you at least 28 days written notice of the changes before they come into effect.  If you wish to cancel the Contract as a result, please refer to sub-Clause 11.3.

 

 

 

  1. Photography
      1. The Customer shall specify the subject matter of the Photo Shoot and shall, prior to the date of the Photo Shoot, specify any particular Photographs or compositions they require.
      2. Subject to any specific requirements set out by the Customer, the Photographer shall use his own exclusive judgement when selecting equipment and deciding upon artistic factors such as composition, lighting and photographic style.
      3. Subject to the nature of the Photo Shoot and the specific requirements of the Customer the Photographer will take as many Photographs as he deems appropriate with a view to giving the best choice when processing and preparing the final Photographs for selection by the Customer.  The number of Photographs taken during the Photo Shoot shall not affect the Price payable by the Customer.
      4. Following processing and preparation of the Photographs the Photographer shall deliver the Selected Photographs to the Customer in the format(s) agreed at the time of selection, subject to the terms of the Licence granted in Clause 21.
      5. The Customer shall have a period of 7 days following the delivery of the Selected Photographs to inform the Photographer of any discrepancies with their choices or significant flaws in the Selected Photographs.  The Photographer shall undertake any necessary remedial action which is possible upon being informed of any such problems.
      6. There shall be no right to reject the Photographs on the basis of style or composition.
      7. The Photographer shall be free to sub-contract any of his obligations under the Agreement provided that any and all sub-contractors are reasonably skilled in the relevant practices and provided that no additional charges are passed on to the Customer.

 

  1. Copyright and Licensing
      1. The Copyright in the Photographs is and shall remain the property of the Photographer.  Subject to a written agreement to the contrary nothing in these Terms and Conditions shall vest any ownership rights in the Customer.
      2. All Licences shall become effective following delivery of the Selected Photographs to the Customer and, subject to the provisions of sub-Clauses 4.5 and 7.9, shall continue from that date for the duration of copyright protection (which shall be the life of the Photographer plus 70 years under Section 12 of the Copyright Designs and Patents Act 1988).
      3. All Licences shall be granted on a per-Project basis.  The Customer shall pay Royalty Fees once per Project and shall not be required to pay recurring Royalty Fees for repeated use within the same Project.
      4. The Customer shall be permitted to use the Selected Photographs in any Project subject to the following limitations:
          1. The Selected Photographs may not be used for any purposes which are libellous, defamatory, pornographic, obscene or otherwise unlawful;
          2. The Selected Photographs may not be used to form any part of a logo, service mark, trade mark or any other form of business or brand identity;

 

      1. The Licences shall apply only to the stated Selected Photographs and Projects and shall not extend to proofs or any other material provided by the Photographer to the Customer or any other Projects.
      2. The Customer may not sub-licence the Selected Photographs without the prior written permission of the Photographer.
      3. The Photographer reserves the right to use the Photographs in any advertising or promotional material.

  1. Insurance, Liability and Indemnity
      1. We shall have in place public liability insurance with a limit of indemnity of £1,000,000.
      2. We shall have in place professional indemnity insurance with a limit of indemnity of £50,000.
      3. Whilst we shall use all reasonable endeavours to ensure that all documents delivered in a digital format are free from viruses and errors, we provide no guarantee that the documents will be free from such defects and accepts no liability for any loss or damage which may result from the same.
      4. We shall indemnify and hold harmless the Customer against any costs, liability, damages, loss, claims, threatened claims or proceedings brought by any third party arising out of any failure by us to obtain any clearances for which he was responsible in respect of third party copyright works, trade marks, designs or other intellectual property provided that:
          1. It is agreed at the time of Ordering that we shall be responsible for obtaining such clearances.
          2. We shall be given full control of any proceedings or negotiations in connection with any such claim or threatened claim;
          3. The Customer shall at their own cost give us all reasonable assistance for the purpose of any such proceedings or negotiations;
          4. Except pursuant to a final award, the Customer shall not pay or accept any such claim or threatened claim, or compromise any such proceedings or negotiations, without the consent of us, such consent not to be unreasonably withheld;
          5. The Customer shall do nothing which would or might vitiate any policy of insurance or insurance cover which they may have in relation to any such claim or threatened claim, and the indemnity provided by the Photographer under this sub-Clause 22.4 shall not apply to the extent that the Customer recovers any sums under any such policy or cover (which the Customer shall use its best endeavours to do);
          6. We shall be entitled to, and the Customer shall accordingly account to us for, all damages and costs (if any) awarded against any other party or agreed by the Customer (which agreement shall not be unreasonably withheld) to be paid by any other party in respect of any such claim or threatened claim; and
          7. We shall be entitled to require the Customer to take such steps as we may reasonably require to mitigate or reduce any loss of the Customer.
  1. Terms specific to Energy Performance Certificates (EPCs), Legionella Risk Assessments and Inventory Reports

 

 

The Energy Performance Certificate is produced by an Energy Assessor, who is licensed by a government approved Accreditation Scheme.

 

The Energy Assessor has a duty to provide an EPC in accordance with the ‘Scheme’ standards and regulations.

To get a licence from the scheme an Energy Assessor has to:

  • Pass an assessment of skills, in line with National Occupational Standards; and
  • Have insurance that covers negligence.

Energy Assessors must follow necessary standards and as specified by their ‘Scheme’ Code of Conduct.

An Energy Performance Certificate is not valid unless it has been produced by an Energy Assessor who is a member of a government approved scheme and it has been entered on the Energy Performance Certificate Register. 

The Energy Performance Certificate Registers are operated by Landmark on behalf of the Government.

Any further services the Energy Assessor may provide are not covered by these terms and so must be covered by a separate contract.

If you have any complaint about the Report, you can complain by following the complaints procedure, which is explained in more detail at the end of this document.

This Report tells you:

The properties performance is rated in terms of the energy used per square meter of floor area, energy efficiency based on fuel costs and environmental impact on Carbon dioxide (CO2) emissions.

The energy performance of this home on the date it was inspected, and provides the necessary Energy Performance Certificate.

The energy efficiency rating is a measure of the overall efficiency of a home. The higher the rating, the more efficient the home is and the lower the fuel bills are likely to be.

The environmental impact rating is a measure of a home's impact upon the environment in terms of carbon dioxide (CO2) emissions. The higher the rating, the less impact it has on the environment.

The Report contains an Energy Performance Certificate that tells you about the energy and environmental performance of the home and suggests improvements that you can make.

This Report does not tell you:

The value of your home or cover things that are more specifically considered when a valuation is provided, such as the locality of the home or the availability of public transport or facilities;

About the condition of the building or its building services; or about any health and safety risks noted by the Energy Assessor except in respect of such risks to the Energy Assessor as may restrict the scope of the inspection.

A seller, buyer or lender who needs advice on subjects that are not covered by the Energy Performance Certificate must arrange for it to be provided separately.

What is inspected?

The Energy Assessor inspects the inside and outside of the main building and the visible parts of the gas and electricity services. No parts of the building requiring access equipment will be inspected except lofts which can be safely accessed from a 3 metre ladder (which the Energy Assessor will provide).

Important note

The inspection is ‘non-invasive’. This means that the Energy Assessor does not take up carpets, floor coverings or floorboards, move furniture or remove the contents of cupboards. Also, the Energy Assessor does not remove secured panels or undo electrical fittings.

The Energy Assessor will say in a covering letter where it was not possible to inspect any parts of the home that are normally reported on.

Where the Energy Assessor has reason to be concerned about these parts, the letter will tell you about any further investigations that are needed. The Energy Assessor does not Report on the cost of any remedial work or how these recommendations should be carried out.

Rights of the Energy Assessor to withdraw from the Contract

The Energy Assessor has the right to withdraw from the agreed Contract if one or more of the following conditions apply:

If the property poses a threat to the Energy Assessor’s health and safety beyond the normal domestic risks reasonable for a property in current residential occupation.

If access, for the Energy Assessor’s visual inspection, is found to be restricted and if such restriction is likely, in their opinion, to have a material effect upon the completeness and/or accuracy of the Energy Performance Certificate.

If electricity, gas (if provided) and water services are not fully connected and in working condition during the inspection (which will include having a lamp in every light fitting).

If any part of the property or the premises is a building site, unless the current building works are being managed by a contractor, who is competent in construction health and safety and who will be present throughout the duration of the inspection, ensuring compliance with the accepted site safety rules.
If a potential or actual conflicts of interest come to the Energy Assessor’s notice at any stage throughout the process.

It should be noted that if the withdrawal is due to something the client or their agent’s could have prevented then the Energy Assessor reserves the right to charge a fee, pro rata, for the abortive work.

Rights of the Client to cancel the Contract

The Client has the right to withdraw from the Contract at any point. Formal notice of withdrawal must be made in writing to the Energy Assessor.

The Energy Assessor reserves the right to charge an abortive fee, pro rata, for work completed up to the point of the receipt of the Client’s Withdrawal Notice.

Data Protection

The Energy Assessor will hold personal information in accordance with the Data Protection Act [1998] and this information will not be used for any purpose other than the production of the Energy Performance Certificate.

Complaints Statement

If you have a problem, we can help

We aim to offer you the best possible service, but there may be occasions when you feel you have cause for complaint. If so, we will always try to resolve the problem quickly and to your satisfaction. If you are unhappy with our response, you can take your complaint further through our complaints procedure. Please make your feelings known as soon as possible and preferably in writing.

Where to first make your complaint

We aim to resolve your concerns within five working days. Sometimes it may take longer to look into the matter fully. If that happens we will let you know within five working days who will reply and when.

You can contact us in any of the following ways to let us know of the problem:

Name of Contact: Paul Stott

Write to us at: 20-22 Wenlock Road, London, England, N1 7GU
Telephone us on: 07341 948104

E-mail us on: paul@propertyphotographycompany.co.uk

We will then arrange for the right person to look into it and respond to your concerns.In the unlikely event that you remain unhappy, you can ask for us to review your complaint.

If you are still not happy

If after that review you are still not satisfied, you can that stage ask the 'Scheme' to help. The 'Scheme' will investigate your complaint and if felt necessary, it will pass your complaint onto an Independent Adjudication Service to be nominated by the Scheme.
This service, which is an entirely independent mediation and adjudication service will consider your complaint and decide whether to take action against the Energy Assessor as a result. The Energy Assessor can be ordered to undertake various actions including if appropriate, paying you compensation.
Our company supports fully and is a member of the 'Scheme'

The 'Scheme' details are provided below:

Elmhurst Energy Systems Limited
Unit 16 St Johns Business Park
Lutterworth
Leicestershire
LE17 4HB
Telephone: 01455833250
E-mail: enquiries@elmhurstenergy.co.uk
Website: www.elmhurstenergy.co.uk

Please be aware that the existence of this complaints process does not prevent you from pursuing a complaint through the courts and as such does not affect your existing statutory rights.

  1. Law and Jurisdiction
      1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
      2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 20.1 above takes away or reduces your rights as a consumer to rely on those provisions.
      3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency. 
      4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.