TERMS OF BUSINESS
1. OUR AGREEMENT
These are the terms upon which CBEM-UK Ltd conducts business with it's customers. By entering into an agreement and/or instructing a service provided by CBEM-UK Ltd 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 prepared than the original quote will be deemed invalid and a new quote will be issued.
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) The agreed fee will be paid in full once upon issue of the FIRST DRAFT of any calculation, report, certificate, or other document. An invoice will be issued at the same time as the FIRST DRAFT. No further work will be undertaken until the initial invoice has been settled, OR a firm payment date has been provided by the client.
5. CANCELLATIONS BY US
(a) We reserve the right to cancel the contract between us if we choose.
(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 and fail to attend a planned meeting at you premises or access is denied for any reason, 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 fully 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. RELODGEMENT 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 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 DEBT RECOVERY
PAYMENT IS DUE IMMEDIATELY UPON ISSUE OF INVOICE - WE DO NOT OFFER ANY OTHER PAYMENT TERMS.
LATE PAYMENT COLLECTION PROCEDURE:
(a) We will contact you via E-mail or letter after 14 days from time of the initial invoice issue date to request payment within 7 days.
(b) If after a further 7 days (21 days in total since the delivery of our invoice) you still have not paid we will contact you again via E-mail or letter informing you that within 24 hours we will apply the following costs to your invoice and begin legal proceedings to recover our funds.
(i) A minimum collection fee starting at £100 (HM Courts & Tribunals Service);
(ii) A daily rate of interest as recommended by the Small Claims Court;
(iii) Solicitors fees in line with CPR the cost of which will be added to your original invoice.
(a) We are in no way liable for the BER, TER, 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 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 term 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 English law and the English courts shall have jurisdiction to resolve any disputes between us.