Terms & Conditions
1. Interpretation
1.1 Definitions
In these Conditions, the following definitions apply:
Business Day
A day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Conditions
These terms and conditions as amended from time to time.
Contract
The contract between the Supplier and the Customer for the provision of the Services in accordance with these Conditions and the relevant Order.
Customer
Any person, firm, company or organisation purchasing the Services from the Supplier.
Domestic EPC Services
Energy Performance Certificate services provided for residential dwellings, produced in accordance with the government-approved methodology and conventions in force at the time of assessment.
Commercial EPC Services
Energy Performance Certificate services provided for non-domestic buildings using government-approved software and methodologies.
New Build and SAP Services
Energy and compliance assessments for new-build dwellings or buildings, including SAP calculations, compliance documentation and related services.
Floor Plan Services
Measured floor plans produced for marketing and illustrative purposes only.
Virtual Tour Services
Digital property capture services, including 3D virtual tours, imagery and associated digital outputs, produced using third-party platforms (including Matterport), for marketing and illustrative purposes only.
Ancillary Services
Additional services including, but not limited to, overheating calculations, water efficiency calculations, air permeability testing coordination and other related energy-assessment services.
Order
The Customer’s request for Services, whether made orally, electronically or in writing, and subsequently accepted by the Supplier.
Services
Any of the Domestic EPC Services, Commercial EPC Services, New Build and SAP Services, Floor Plan Services, Virtual Tour Services and/or Ancillary Services provided by the Supplier.
Sites
Any premises at which the Services are to be carried out.
Supplier
Bournemouth Energy Limited, a company incorporated and registered in England and Wales (Company No. 08713934).
1.2 Interpretation
- References to legislation include amendments and re-enactments.
- References to writing include email and electronic communications.
- Headings do not affect interpretation.
2. Acceptance of Orders
2.1 An Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.
2.2 An Order shall be deemed accepted when confirmed by the Supplier, whether by written confirmation, email, invoice issuance or attendance on site.
2.3 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, representation, assurance or warranty not expressly set out in the Contract.
2.4 No variation to the Contract shall be binding unless agreed in writing by the Supplier.
3. Prices and Charges
3.1 Services shall be charged in accordance with the Supplier’s prevailing price list in force at the time of booking, or as otherwise agreed in writing. A copy of the Supplier’s current price list is available upon request.
3.2 The Supplier reserves the right to vary charges to reflect:
- changes in scope or specification;
- additional visits or re-visits;
- delays, omissions or inaccuracies caused by the Customer;
- factors outside the Supplier’s reasonable control.
3.3 All prices are exclusive of VAT, which shall be added at the applicable rate.
4. Supply of Services – General
4.1 The Supplier shall provide the Services with reasonable care and skill.
4.2 All Services are non-intrusive and are based on:
- visual inspection;
- accessible areas only;
- information and documentation supplied by the Customer or third parties;
- standard conventions, assumptions and methodologies.
4.3 The Supplier does not undertake building surveys, structural inspections, defect reports, valuations or guarantees of building performance.
4.4 Performance dates are estimates only and time shall not be of the essence.
4.5 The Supplier may make reasonable changes to the Services to comply with legal, regulatory or accreditation requirements.
5. Energy Performance Certificates (Domestic and Commercial)
5.1 EPCs are produced using government-approved software and methodologies in force at the time of assessment.
5.2 EPCs are provided solely for statutory and compliance purposes and must not be relied upon for investment decisions, retrofit design, construction, valuation or purchase decisions.
5.3 EPCs may be subject to audit by accreditation bodies or government authorities. The Supplier reserves the right to amend or withdraw EPCs where required following audit or updated evidence.
6. New Build and SAP Services
6.1 New Build and SAP Services rely on drawings, specifications and information supplied by third parties. The Supplier accepts no responsibility for inaccuracies within such information.
6.2 Revisions or additional work resulting from design changes, specification changes or regulatory amendments shall be chargeable.
7. Floor Plan Services
7.1 Floor plans are produced for marketing and illustrative purposes only.
7.2 Floor plans must not be relied upon for construction, structural alterations or legal boundary determination.
7.3 All dimensions are approximate and subject to reasonable tolerances.
8. Virtual Tour Services
8.1 Virtual Tour Services are provided for marketing, visual reference and promotional purposes only.
8.2 Virtual tours are captured using third-party platforms, including Matterport. The Supplier has no control over, and accepts no responsibility for, platform availability, software functionality, hosting performance or future compatibility.
8.3 Any measurements, dimensions or spatial data generated within a virtual tour environment are indicative only and must not be relied upon for construction, design, valuation, legal or compliance purposes.
8.4 Virtual tours do not constitute a building survey, condition report or structural inspection.
8.5 Unless expressly agreed in writing, the Supplier does not guarantee any minimum hosting period. Continued hosting may be subject to third-party platform terms, subscriptions or changes imposed by the platform provider.
8.6 The Supplier shall not be liable for removal, suspension, alteration or misuse of virtual tours by third parties.
9. Customer Obligations
The Customer shall:
- ensure Sites are safe, accessible and suitable for inspection;
- provide accurate and complete information;
- ensure access to relevant areas, meters, lofts and plant;
- control pets and occupants during visits;
- obtain all necessary permissions and consents, including occupier consent for image capture.
Restricted access, unsafe conditions or incorrect booking information may affect outcomes and may require chargeable re-attendance.
10. Missed Appointments and Abortive Visits
Where the Supplier is unable to perform the Services due to a missed appointment, lack of access, unsafe conditions or incorrect booking information provided by the Customer, the Supplier reserves the right to charge an abortive visit or re-attendance fee to cover time allocated and costs incurred.
The Supplier may, at its discretion, waive such charges on the first occurrence. Repeated missed appointments or access failures may result in additional charges being applied.
11. Photographic Evidence and Data Protection
11.1 The Supplier may take photographs and digital records for audit, accreditation, compliance and record-keeping purposes.
11.2 Images captured as part of Virtual Tour Services may be stored and processed using third-party hosting platforms.
11.3 Data shall be processed and retained in accordance with applicable data protection legislation. Marketing use of images shall not occur without consent.
12. Commercial Arrangements with Third Parties
The Supplier may enter into commercial or operational arrangements with third parties in connection with the introduction of business, marketing activities or service delivery. Such arrangements shall not affect the Supplier’s obligations to the Customer under the Contract.
13. Payment Terms
13.1 Unless otherwise agreed in writing, payment is due in advance of service delivery.
13.2 The Supplier reserves the right to withhold Services for non-payment.
13.3 Late payments may accrue statutory interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
14. Limitations of Liability
14.1 Nothing in these Conditions excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot lawfully be excluded.
14.2 Subject to clause 14.1:
- the Supplier shall not be liable for indirect or consequential loss;
- total liability shall not exceed the fee paid for the relevant Services.
15. Subcontracting
The Supplier may subcontract Services to suitably qualified third parties and remains responsible for delivery under the Contract.
16. Force Majeure
Neither party shall be liable for failure or delay caused by events beyond its reasonable control.
17. Complaints
Complaints must be raised in writing within a reasonable time following delivery of the Services to allow investigation and resolution.
18. Governing Law and Jurisdiction
The Contract shall be governed by and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.