Terms and Conditions

By placing an order with Energy Performance Solutions you are accepting our terms and conditions. Your existing statutory rights are not affected by these conditions. Terms & Conditions updated in May 2024.

These Terms and Conditions (‘the Terms’) govern your relationship with Energy Performance Solutions. 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.
All Orders for Services accepted by us will be subject to the following Terms which will form part of and will govern the contract of service. No variation of these Terms will be accepted unless agreed in writing by an authorised person of Energy Performance Solutions. We will not accept the inclusion of any alternative Terms by you which conflict with, alter or add to these Terms.

1. Definitions

1.1 ‘Contract’ means any contract between you and us for the purchase of Services, incorporating these terms.

1.2 ‘Services’ means service provided by us to you.

1.3 ‘Normal Working Hours’ means 8 am to 6 pm Monday to Saturday.

1.4 ‘Order’ means an order for a Service made by you in accordance with these Terms.

1.5 ‘Invoice’ this is a request of payment for the Services agreed.

1.6 ‘Next Day’ means your certificate will be produced next working day.

1.7 ‘Working Day’ means Monday to Saturday, excluding Bank or other Public holidays

2. Orders

2.1 When you place an order for a Service, this will be regarded as an offer by you to purchase the Service subject to these Terms and we shall not be obliged to accept your offer at our discretion.

2.2 We will accept your offer and create a contract with you by sending to you an Invoice once we have confirmed the availability of the Service you have requested.

2.3 The Invoice will be binding on you unless there is an inadvertent discrepancy between the Service that you ordered and those detailed in the Invoice. You should notify us as soon as you become aware of any such discrepancy.

2.4 When you place an order, you are undertaking to us that:

(a) all details you provide to us for the purpose of purchasing the Services are correct, and

(b) the credit or debit card or bank account you use to make a purchase from us is your own, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any Services you order from us.

3. Prices and Payments

3.1 All prices include VAT.

3.2 Services are invoiced at the price prevailing at the time of your Order.

3.3 We reserve the right to vary our prices from time to time.

3.4 We will not supply the Services (i.e. energy certificates) to you until payment has been received in full, unless there has been prior agreement.

3.5 Payment for services should be made 24h prior to inspection or service to confirm the booking. If not, the booking can be cancelled or rescheduled at any time until payment is made to confirm a booking slot.

4. Time allocation for jobs
We allocate 2-3 hour time slots from Monday to Saturday for your visit, and these are supplied on a first-come, first-served basis. Your engineer can arrive at 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.

5. Termination of Contract

5.1 Certificates for Energy Performance Solutions reserve the right to terminate the project at any time.

5.2 The staff at Energy Performance Solutions Ltd will not tolerate aggressive behaviour, rude behaviour, racism, nationalism, sexism, homophobia, or ageism directed towards any of its staff or contractors.

6. Your Right to Cancel

6.1 You are entitled to cancel your order for any reason until, but no later than 24hrs before an assessor is due to visit your property.

6.2 You should cancel services from us by sending a written notice of cancellation via e-mail to info@energyperformancesolutions.co.uk

6.3 When you cancel an order, we will refund the price paid, within a period of 5 working days from the date of cancellation.

7. Provision of Services

7.1 If you purchase Services from us, then we shall use our skill and expertise to carry out the Services to a standard equivalent to that of a competent professional, and shall warrant our work as free from defects. In particular, we cannot be held responsible for any fault or damage, financial liability not caused by our assessors or their contracted agents. In the event that you are not fully satisfied with our Services and after contacting the assessor you are still not satisfied, then you can contact the assessor's accreditation body who will assess the issue independently.

7.2 The provision of our Services (depending on the service) may require access to all the rooms in the property, heating systems and controls, electric meter, gas meter fuse board and loft space (if applicable). If these conditions are not satisfied, the assessor may have to return to the service address and a fee of £35 is applicable. In the event of the engineer not being able to enter the property, the engineer will make sure the customer is contacted and wait up to 15min to gain access. If no access if provided after the 15min period, the engineer will leave and a £35 call out fee is payable.

7.3 Our energy assessors cannot provide any advice relating to the installation or quotes for any upgrades or recommendations stated in the energy certificate report.

7.4 Our energy assessors cannot guarantee that a specific energy performance rating, required by you or any other third party, will be met, nor are our assessors liable from any loss resulting from this event. Our energy assessors are independent professionals and must follow the technical conventions that govern our industry.

7.5 Our energy assessors are unable to include in the report any energy efficiency improvements made by you that are not possible to verify, as according to the technical conventions that govern our industry. Thus, our energy assessors are not liable from any loss arising from this. 

8. Force Majeure

8.1 We shall not be liable to you or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of our obligations in respect of the Goods or Services if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control: the act of God, explosion, flood, tempest, fire or accident; war, the threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving our employees or of a third party); difficulty in obtaining materials, labour or machinery; and power failure or breakdown in machinery.

8.2 If we are unable to provide you with the services within a reasonable time due to circumstances outside our control, we shall either agree with a new timescale with you for the service to take place or either of us may decide to terminate the Order in which case we will return any prepayments that you have made in full.

9. Errors and Omissions
9.1 As the quoted price for Services depends on the size of the property to be inspected or number of fuse boards installed (this applies for the EICR certificate), you are responsible to ensure that the information provided by you, which determines the price for the service, is accurate. In the case of a manifest error or omission, we will be entitled to adjust the price on inspection subject to the customer's approval. However, in this situation, we may, at our discretion, carry on the Services upon the agreement provided that the difference in price is to be paid before the issue of the certificate. 

10. General Terms of Business

10.1 Nothing in these Terms affects your statutory rights as a consumer.

10.2 Any variation of this Agreement must be in writing and authorised by Energy Performance Solutions.

15.3 You must not transfer any contract made with us under these Terms, as it is personal to you, without written authority from us. This authority will not be refused without good reason.

10.4 If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.

10.5 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

10.6 You confirm that, in agreeing to accept the Terms, you have not relied on any representation save insofar as the same has expressly been made a part of these Terms and you agree that you shall have no remedy in respect of any representation. Nothing in these Terms shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a part of the Terms.

10.7 These Terms shall be governed by the relevant laws of the United Kingdom and construed in accordance with the relevant laws of the United Kingdom and you irrevocably submit to the exclusive jurisdiction of the relevant courts of the United Kingdom.

10.8 If you have any complaints with the Goods or Services provided by us please contact us via email at info@energyperformancesolutions.co.uk