OAK TREE ENERGY
FULL TERMS AND CONDITIONS
1. Terms of Engagement
a. An Oak Tree Energy DEA shall advise the client either directly in writing or through a third party such as an estate agent as to the performance of the property with regards to the properties:-
• Energy efficiency rating
• Environmental Impact - CO2 Emissions Rating
• A succinct report containing a list of cost effective measures to improve the performance rating of the property.
• Consideration on additional measures to provide the highest possible energy efficient measures for the property
• Where applicable further advice on the governments Green Deal incentive for improving the energy efficiency to your property.
b. The purpose for which an Energy Performance Certificate is required shall be agreed between the client and the Oak Tree Energy Domestic Energy Assessor (DEA) carrying out the assessment.
c. An Oak Tree Energy DEA shall have regard for the existing state of repair/ condition of property, and is under no obligation to inspect parts of property which are inaccessible or unexposed. This will be duly noted as such in the report
d. Oak Tree Energy Domestic Energy Assessors will not:-
• Rely on information provided by the owner/ occupier, client or clients legal or professional advisers, relating to modifications, extensions or any other condition /constraints which may affect the potential for improving the energy performance of the property unless a suitable certificate, guarantee or legal document can be provided as proof.
• Test a properties electrical or gas supply, heating system or its controls or any other services.
e. The Client is obliged to:-
• Complete the Pre assessment questionnaire sent prior to assessment and make available for collection on arrival
• Provide as much documentary evidence and certification relating to the property with regards to date of build, extensions and conversions, cavity fill, double glazing, boiler data to ensure as much accuracy as possible with regards to the EPC.
• Agree to provide any information requested by Oak Tree Energy for purposes of producing an Energy Performance Certificate and make any third party aware of their obligations to do so.
• Co-operate fully with the assessor by ensuring that:-
i) Access is made available to all areas of the property internally and externally including gas meters, electrical meters, boiler and loft space.
ii) All animals are under full control at all times and kept away from the assessor while carrying out the survey on site.
iii) Ensuring that all children and elderly or infirm occupants are fully supervised by an adult and kept away from the assessor while carrying out the survey on site.
iv) All hazardous materials or substances are removed.
f. An Oak Tree Energy Assessor is obliged to:-
• Hold a professional qualification and be a member of a Government approved accreditation scheme.
• Hold ,carry and show proof of identification and a licence to operate as Domestic Energy Assessor.
• Work in a professional manner and to the highest standards when carrying out their work at all times.
• To clarify any queries that a client may have providing it is within the DEAs jurisdiction.
• Visit the property to be assessed at the agreed date and time to carry out survey.
• Contact the customer in the event of a delay.
• Advise the owner, occupier, client or clients representative that during the course of the survey photos will need to be taken of the front and back of the property, service meters, boiler etc together with measurements and site notes.
• Respect the property and its contents at all times by taking due care when carrying out their work.
2. Right to Cancel
a. An Oak Tree Energy Assessor has the right to cancel an assessment if their duties are made untenable:-
• Owner/ occupier, client or clients legal or professional advisers are not present to allow access to property.
• If access to the property is denied.
• If unable or requested not to take photos or take notes required to complete the survey.
• Due to obstructions, risk of personal attack, aggressive behaviour or abuse.
• Health and safety risks, or if injury is sustained during the course of carrying out the assessment.
• Not able to use tools to carry out inspection.
• If the property is considered not to be in a good state of repair and condition or not structurally sound in any way following a pre-survey risk assessment.
• Gas or electricity risk.
If an assessment cannot be carried out for any of the above reasons the client will be charged in accordance with the terms set out in the fees and payment section below.
b. A Client has the right to cancel an agreed appointment providing notice is given in writing or by e-mail over 24 hours prior to the survey.
If less than 24 hours notice is given the client will incur a charge as set out in the fees and payments section below.
If the assessment is to be rescheduled for the first time no fee will be charged. Subsequent rescheduling will incur a charge as set out in the fees and payments section below.
3. Fees and Payment
a. The fee for providing an Energy Performance Certificate shall be agreed on the initial enquiry.
b. The Fee will be for one EPC unless otherwise stated and will be due in full 7 days from the invoice date. It should be in the form of cash or a cheque made payable to Oak Tree Energy.
c. The fee quoted will be based on information provided by the client. An Oak Tree Energy assessor may without notice alter the fees if they find that, on arrival, the property to be surveyed differs regards to the size, type and description initially given. In this instance the client will be informed and asked to accept the additional fee before any work is carried out.
d. Oak Tree Energy reserves the right to make additional charges for late or default payment, where there will be an interest charge of 5% above Lloyds Bank base rate for every day the payment remains outstanding.
e. A charge of 50% of the initial agreed fee will be invoiced to the client:
• Unless Oak Tree Energy receives notification of no less than 24 hours of intention to cancel.
• If a Tonos assessor has to abandon a survey for any reason to cover the costs of travel and administration time.
• If a fee cannot be agreed on site where there is a case of miss description of the property to be assessed.
• If the survey has been rescheduled more than once.
f. As and when the Governmental Authorities or any accreditation bodies amend fees or charges Oak Tree Energy reserves the right to amend their prices prior to or engagement by the client.
4. Liability
a. Oak Tree Energy recognises its client's statutory rights
b. Oak Tree Energy is not liable for any loss or damage of any description whatsoever arising from the delay of an EPC arising from any third party action.
c. Oak Tree Energy is not liable for any loss or damage whatsoever that a client may suffer as result of our DEA being unable to satisfy any obligations due to occurrence of any unforseen event beyond his/her control.
d. No responsibility is accepted by Oak Tree Energy for any consequences resulting from the client not acting upon the recommendations set out in the report.
5. Data Protection Policy
a. The company needs to collect and use certain types of information about individuals and property during its duties. The Data Protection Act 1998 protects "data subjects" against the misuse of personal data and covers both manual and electronic records. All records held on computer fall within the Data Protection Act.
b. Certain manual files may also fall within the Act, depending on the ease of access to data within the file. However, the company regards the lawful and correct treatment of personal information as very important and therefore ensures that personal information is treated lawfully and correctly for consistency and good practice, the company will adopt the same approach for data held.
c. The Act requires that any personal data held should be:
• processed fairly and lawfully
• obtained and processed only for specified and lawful purposes
• adequate, relevant and not excessive
• accurate and kept up to date
• held securely and for no longer than is necessary
• not transferred to a country outside the European Economic Area unless there is an adequate level of data protection in that country.
6. Complaints Procedure
Oak Tree Energy aims to provide all of its customers with the highest possible standard of service at all times. If for any reason you are dissatisfied with our services, procedures or conduct we will respond to any query or complaint promptly, fairly and politely.
Oak Tree Energy are covered by Professional Indemnity & Public Liability Insurance through Stroma, our accreditation body.
a. To register a complaint, in the first instance please call Oak Tree Energy and ask to speak with an Oak tree Energy DEA about the complaint.
b. If the complaint cannot be dealt with immediately, Oak Tree Energy will ask for the complaint will need to be put in writing - by letter, fax or e- mail. We will pass all information to an appropriately qualified assessor to evaluate the type and nature of investigation required. The assessor will call the complainant within 3 working days to discuss their complaint in more detail and advise a timeframe for a resolution which will also be sent to the complainant in writing. If a site visit is required the assessor will arrange for a visit as soon as possible. In all cases Oak Tree Energy will keep in touch with the complainant advising how the investigation is progressing, why their complaint has not been resolved as yet and what steps are being taken. Oak Tree Energy will also provide advice and assistance if the complaint is not our responsibility.
c. As part of our complaints procedure, Oak Tree Energy will notify the accreditation body with any complaint we receive with full details. We will also keep a history of each complaint to be made available on request.
d. If Oak Tree Energy are unable to provide a resolution to the complainants satisfaction then the complaint can be escalated to our accreditation body (details below) who will carry out further investigations.
Accreditation Body Contact details:-
Stroma Certification
4 Pioneer Way,
Castleford,
West Yorkshire,
WF10 5QU.
a. An Oak Tree Energy DEA shall advise the client either directly in writing or through a third party such as an estate agent as to the performance of the property with regards to the properties:-
• Energy efficiency rating
• Environmental Impact - CO2 Emissions Rating
• A succinct report containing a list of cost effective measures to improve the performance rating of the property.
• Consideration on additional measures to provide the highest possible energy efficient measures for the property
• Where applicable further advice on the governments Green Deal incentive for improving the energy efficiency to your property.
b. The purpose for which an Energy Performance Certificate is required shall be agreed between the client and the Oak Tree Energy Domestic Energy Assessor (DEA) carrying out the assessment.
c. An Oak Tree Energy DEA shall have regard for the existing state of repair/ condition of property, and is under no obligation to inspect parts of property which are inaccessible or unexposed. This will be duly noted as such in the report
d. Oak Tree Energy Domestic Energy Assessors will not:-
• Rely on information provided by the owner/ occupier, client or clients legal or professional advisers, relating to modifications, extensions or any other condition /constraints which may affect the potential for improving the energy performance of the property unless a suitable certificate, guarantee or legal document can be provided as proof.
• Test a properties electrical or gas supply, heating system or its controls or any other services.
e. The Client is obliged to:-
• Complete the Pre assessment questionnaire sent prior to assessment and make available for collection on arrival
• Provide as much documentary evidence and certification relating to the property with regards to date of build, extensions and conversions, cavity fill, double glazing, boiler data to ensure as much accuracy as possible with regards to the EPC.
• Agree to provide any information requested by Oak Tree Energy for purposes of producing an Energy Performance Certificate and make any third party aware of their obligations to do so.
• Co-operate fully with the assessor by ensuring that:-
i) Access is made available to all areas of the property internally and externally including gas meters, electrical meters, boiler and loft space.
ii) All animals are under full control at all times and kept away from the assessor while carrying out the survey on site.
iii) Ensuring that all children and elderly or infirm occupants are fully supervised by an adult and kept away from the assessor while carrying out the survey on site.
iv) All hazardous materials or substances are removed.
f. An Oak Tree Energy Assessor is obliged to:-
• Hold a professional qualification and be a member of a Government approved accreditation scheme.
• Hold ,carry and show proof of identification and a licence to operate as Domestic Energy Assessor.
• Work in a professional manner and to the highest standards when carrying out their work at all times.
• To clarify any queries that a client may have providing it is within the DEAs jurisdiction.
• Visit the property to be assessed at the agreed date and time to carry out survey.
• Contact the customer in the event of a delay.
• Advise the owner, occupier, client or clients representative that during the course of the survey photos will need to be taken of the front and back of the property, service meters, boiler etc together with measurements and site notes.
• Respect the property and its contents at all times by taking due care when carrying out their work.
2. Right to Cancel
a. An Oak Tree Energy Assessor has the right to cancel an assessment if their duties are made untenable:-
• Owner/ occupier, client or clients legal or professional advisers are not present to allow access to property.
• If access to the property is denied.
• If unable or requested not to take photos or take notes required to complete the survey.
• Due to obstructions, risk of personal attack, aggressive behaviour or abuse.
• Health and safety risks, or if injury is sustained during the course of carrying out the assessment.
• Not able to use tools to carry out inspection.
• If the property is considered not to be in a good state of repair and condition or not structurally sound in any way following a pre-survey risk assessment.
• Gas or electricity risk.
If an assessment cannot be carried out for any of the above reasons the client will be charged in accordance with the terms set out in the fees and payment section below.
b. A Client has the right to cancel an agreed appointment providing notice is given in writing or by e-mail over 24 hours prior to the survey.
If less than 24 hours notice is given the client will incur a charge as set out in the fees and payments section below.
If the assessment is to be rescheduled for the first time no fee will be charged. Subsequent rescheduling will incur a charge as set out in the fees and payments section below.
3. Fees and Payment
a. The fee for providing an Energy Performance Certificate shall be agreed on the initial enquiry.
b. The Fee will be for one EPC unless otherwise stated and will be due in full 7 days from the invoice date. It should be in the form of cash or a cheque made payable to Oak Tree Energy.
c. The fee quoted will be based on information provided by the client. An Oak Tree Energy assessor may without notice alter the fees if they find that, on arrival, the property to be surveyed differs regards to the size, type and description initially given. In this instance the client will be informed and asked to accept the additional fee before any work is carried out.
d. Oak Tree Energy reserves the right to make additional charges for late or default payment, where there will be an interest charge of 5% above Lloyds Bank base rate for every day the payment remains outstanding.
e. A charge of 50% of the initial agreed fee will be invoiced to the client:
• Unless Oak Tree Energy receives notification of no less than 24 hours of intention to cancel.
• If a Tonos assessor has to abandon a survey for any reason to cover the costs of travel and administration time.
• If a fee cannot be agreed on site where there is a case of miss description of the property to be assessed.
• If the survey has been rescheduled more than once.
f. As and when the Governmental Authorities or any accreditation bodies amend fees or charges Oak Tree Energy reserves the right to amend their prices prior to or engagement by the client.
4. Liability
a. Oak Tree Energy recognises its client's statutory rights
b. Oak Tree Energy is not liable for any loss or damage of any description whatsoever arising from the delay of an EPC arising from any third party action.
c. Oak Tree Energy is not liable for any loss or damage whatsoever that a client may suffer as result of our DEA being unable to satisfy any obligations due to occurrence of any unforseen event beyond his/her control.
d. No responsibility is accepted by Oak Tree Energy for any consequences resulting from the client not acting upon the recommendations set out in the report.
5. Data Protection Policy
a. The company needs to collect and use certain types of information about individuals and property during its duties. The Data Protection Act 1998 protects "data subjects" against the misuse of personal data and covers both manual and electronic records. All records held on computer fall within the Data Protection Act.
b. Certain manual files may also fall within the Act, depending on the ease of access to data within the file. However, the company regards the lawful and correct treatment of personal information as very important and therefore ensures that personal information is treated lawfully and correctly for consistency and good practice, the company will adopt the same approach for data held.
c. The Act requires that any personal data held should be:
• processed fairly and lawfully
• obtained and processed only for specified and lawful purposes
• adequate, relevant and not excessive
• accurate and kept up to date
• held securely and for no longer than is necessary
• not transferred to a country outside the European Economic Area unless there is an adequate level of data protection in that country.
6. Complaints Procedure
Oak Tree Energy aims to provide all of its customers with the highest possible standard of service at all times. If for any reason you are dissatisfied with our services, procedures or conduct we will respond to any query or complaint promptly, fairly and politely.
Oak Tree Energy are covered by Professional Indemnity & Public Liability Insurance through Stroma, our accreditation body.
a. To register a complaint, in the first instance please call Oak Tree Energy and ask to speak with an Oak tree Energy DEA about the complaint.
b. If the complaint cannot be dealt with immediately, Oak Tree Energy will ask for the complaint will need to be put in writing - by letter, fax or e- mail. We will pass all information to an appropriately qualified assessor to evaluate the type and nature of investigation required. The assessor will call the complainant within 3 working days to discuss their complaint in more detail and advise a timeframe for a resolution which will also be sent to the complainant in writing. If a site visit is required the assessor will arrange for a visit as soon as possible. In all cases Oak Tree Energy will keep in touch with the complainant advising how the investigation is progressing, why their complaint has not been resolved as yet and what steps are being taken. Oak Tree Energy will also provide advice and assistance if the complaint is not our responsibility.
c. As part of our complaints procedure, Oak Tree Energy will notify the accreditation body with any complaint we receive with full details. We will also keep a history of each complaint to be made available on request.
d. If Oak Tree Energy are unable to provide a resolution to the complainants satisfaction then the complaint can be escalated to our accreditation body (details below) who will carry out further investigations.
Accreditation Body Contact details:-
Stroma Certification
4 Pioneer Way,
Castleford,
West Yorkshire,
WF10 5QU.