TERMS OF BUSINESS
Note on EPCs derived from SBEM Models
We calculate the final EPC rating by converting the SBEM model into an audit compliant EPC. Ideally the AS BUILT SBEM calculation will not require alignment to the Non-Domestic EPC Conventions prior to conversion.
Unlike the SBEM reports which are non-auditable, we are unable to make assumptions or estimates, and without clear evidence, we have to use default values otherwise the EPC will fail the periodic accreditation audit.
Default values (especially for U Values, lighting (lum/w), HVAC and hot water) will typically underperform the real life scenario and will ALWAYS have a detrimental effect on the EPC/SBEM rating.
We always endeavor to achieve the best possible EPC rating, however please understand that we are unable to guarantee an EPC rating for your building at any stage. A poor rating is either a product of weak design or poor evidence. We will clearly tell you what we need in order to get the most out of the scoring process.
We will email you an invoice and partial draft certificate/report once the initial calculations are complete.
Upon payment of our invoice we will lodge and/or release final certificates/reports.
We do not offer payment terms. Payment is due immediately upon issue of invoice.
1. OUR AGREEMENT
These are the terms upon which CBEM-UK Ltd conducts business with it's customers. By accepting a quotation from us you agree to our Terms of Business (referred to as 'The Terms') as set out on the website https://www.cbem-uk.com/terms-of-business
(a) Unless otherwise stated all prices are inclusive.
(b) The price payable will be quoted over the phone or sent to you electronically and may vary from the price quoted on the website.
(a) All quotes are valid for 28 days.
(b) If the size and description of the building being modelled varies from the description upon which the original quotation was based upon, then the original quote will be deemed invalid and the price will be adjusted according to the extra work that will be required.
4. PAYMENT TERMS
(a) Payment is due immediately upon the issue of our invoice.
(b) Our invoice will be delivered (and issued) electronically via email.
(c) Our fee will be paid in full and immediately upon issue of our invoice. No further work will be undertaken until the invoice has been settled and no certificates or reports will be issued until the invoice is settled.
5. CANCELLATIONS BY US
(a) We reserve the right to cancel the contract between us either in email, text message or phone call up to 24 hours before the work is due to start.
(b) Any work carried out by us prior to cancellation will be invoiced for and is due immediately upon issue of invoice.
6. CANCELLATIONS BY YOU
(a) You may cancel (or postpone) either in email, text message or phone call up to 24 hours before the work is due to start.
(b) should you fail to give 24 hours notice then you will be liable for a call out charge equivalent to 50% of the full price of the original accepted quote.
7. INTERMEDIARIES AND/OR AGENTS ACTING ON BEHALF OF THIRD PARTIES (E.G THEIR CLIENT)
If the booking has been made by an intermediary and/or agent on behalf of a third party (their client), then the intermediary and/or agent accepts full responsibility for making payment on any issued invoices. CBEM-UK Ltd will hold the intermediary and/or agent solely liable for payment in all cases and without exception. By entering into an agreement with CBEM-UK ltd, any intermediary and/or agent agrees to these Terms and accepts that they have been given clear access to these Terms via our website, and a website link/URL on the invoice and our email signature.
8. RE-LODGEMENT FEE AND DRAFT CERTIFICATE APPROVALS
(a) You will be asked to confirm the address of the building to be certified AS YOU WISH IT TO APPEAR ON THE REPORT before any work begins.
(b) The address you provide may be altered BY US to meet with current standards of nomenclature, in some cases the postcode will be corrected as per the existing address listed on the register as administrated by https://www.gov.uk/government/organisations/department-for-business-energy-and-industrial-strategy.
(c) A DRAFT report will be issued at point of invoice.
(d) EITHER written approval OR payment of invoice will trigger the formal lodgement of the report BY US.
(e) Amendment of the building address AFTER the report is lodged will incur a minimum fee of £100 to cover charges and administration.
9. LATE PAYMENT COLLECTION PROCEDURE:
WE DO NOT OFFER PAYMENT TERMS. PAYMENT IS DUE IMMEDIATELY UPON ISSUE OF INVOICE
From the day the invoice is issued:
DAY FOURTEEN - We will email you to request payment within 7 days.
DAY TWENTY ONE - We will email you a second time requesting payment within 7 days
DAY TWENTY EIGHT - We will email you a third (and final time) requesting payment within 24 hours.
DAY TWENTY NINE - We will relinquish your debt to our independent debt recovery partners who will take full ownership of the recovery of your debt and we (CBEM-UK Ltd) will no longer be involved in the recovery process.
IN ADDITION TO THE ORIGINAL AMOUNT OWED TO US, OUR DEBT RECOVERY PARTNERS WILL ADD THEIR RECOVERY FEES TO THE AMOUNT YOU OWE. WE HAVE NO CONTROL OVER HOW MUCH THEY MAY CHARGE YOU FOR THE RECOVERY OF YOUR DEBT.
(a) We are in no way liable for the energy rating, conclusions and recommendations awarded to your building in any certificate or report. Neither are we obliged to make public any site notes, photographs or internal calculations.
(b) Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation.
(c) Notwithstanding the foregoing, nothing in these Terms is intended to limit any rights you might have as a consumer under applicable local law, or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
(d) We accept no liability for any Exemption Letter that we issue under any circumstances. The purchaser of the Exemption Letter service accepts full liabilities in all cases.
A notice under, or in connection with these Terms, shall be sent in email format to firstname.lastname@example.org
If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms will not be affected.
13. THIRD PART RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any item of these Terms but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
14. ENTIRE AGREEMENT
15. GOVERNING LAW
The contract between us shall be governed by and interpreted in accordance with British law and the British courts shall have jurisdiction to resolve any disputes between us.