FUTURE BY ENERGY
Professional Energy Assessors
139 St Elmo Rd, Shepherds Bush
GENERAL TERMS & CONDITIONS
The following terms and conditions shall apply to all work undertaken by the FUTURE BY ENERGY employed by BEHDAD YAZDANI and shall supersede and override all other warranties, representations and terms and conditions whether express or implied, oral or written, including the Client's standard terms.
Please note that all inspection will carry out based on CIBSE TM44: Inspection of Air Conditioning Systems.
It is Client responsibility to provide access to all air conditioning systems.
"FUTURE BY ENERGY" or the "Company" is the FUTURE BY ENERGY trading under these conditions that are set out by the Company, BEHDAD YAZDANI
"Client" is the party at whose request or on whose behalf the FUTURE BY ENERGY undertakes surveying services.
"Report" means any report, advice or statement supplied by the FUTURE BY ENERGY in connection with instructions received from the Client.
"Disbursements" means the cost of all reasonable photography, reproduction of drawings, diagrams, sketches and printing, duplicating and, where applicable, electronic transmission fees, and all reasonable and appropriate expenses including travel, refreshments and hotel accommodation where an overnight stay is necessary.
"Fees" means the fees charged by the FUTURE BY ENERGY to the Client and including any value added tax where applicable and any Disbursements.
The FUTURE BY ENERGY shall provide services solely in accordance with these terms and conditions.
Where appropriate, the Client will set out in writing the services which it requires the FUTURE BY ENERGY to provide
When acting for underwriters or other clients, the FUTURE BY ENERGY’s opinions will be offered strictly without prejudice to liability, unless specifically authorised otherwise by the client.
In normal circumstances, the Company will offer to perform the work on an hourly rate, up to a maximum of nine hours per day. The Company reserves the right to increase it's hourly or daily rates at least once per annum to reflect increased costs.
(a) In the case of billing, the Client will be responsible for his designated portion of the FUTURE BY ENERGY’s invoice and shall pay the FUTURE BY ENERGY's fees punctually in accordance with these Conditions and in any event not later than 30 days following the relevant invoice date. Any delay in payment shall entitle the FUTURE BY ENERGY to interest on a daily basis at 4% above the Base Lending Rate of HSBC Bank Plc prevailing at the time of default. Further delays in payment may require legal action for debt recovery.
(b) The same terms and conditions as (a) above shall apply to single party billing.
- Disputed invoices
If any part of an invoice is genuinely in dispute, the Client shall pay the undisputed part thereof. The Parties shall endeavour to resolve the disputed portion, without delay.
6. Obligations and Responsibilities
(a) FUTURE BY ENERGY
The FUTURE BY ENERGY shall use reasonable care and skill in the performance of the services in accordance with good marine surveying practice.
The FUTURE BY ENERGY shall submit interim advices, site situation reports and a final report to the Client during and following completion of the agreed services describing the FUTURE BY ENERGY’s findings, assessments and inspection purporting to the purpose of the Client's instruction, unless otherwise expressly instructed by the Client not to do so.
The FUTURE BY ENERGY undertakes not to disclose any information provided in confidence by the Client to any third party and will not permit access to such information by any third party unless the Client expressly grants permission save where required to do so by an order of a competent court of law.
(d) Intellectual Property
The right of ownership in respect to any intellectual property resulting from the performance of the work created by the FUTURE BY ENERGY remains the property of the FUTURE BY ENERGY. The Client shall be entitled to disclose the report or document to a third party for whose benefit the instruction/contract was specifically commissioned.
The FUTURE BY ENERGY shall promptly notify the client of any matter, including conflict of interest, or lack of suitable qualifications and experience, which would render it undesirable for the FUTURE BY ENERGY to continue its involvement with the appointment. The Client shall be responsible for payment of the FUTURE BY ENERGY's fees up the date of notification.
The client shall promptly settle the FUTURE BY ENERGY’s invoice in accordance with Payment Terms above.
(a) The FUTURE BY ENERGY shall be under no liability whatsoever to the Client for any loss, damage, delay or expense, whether direct or indirect arising howsoever caused UNLESS same is proved to have resulted solely from the gross negligence or wilful default of the FUTURE BY ENERGY or any of its employees or agents or sub-contractors resulting in direct damage to tangible property where the company's liability shall be limited in accordance with paragraph (c) below.
(b) The company's total liability for professional negligence shall not exceed the fee paid for the work.
(c) The Company accepts liability for direct damage to tangible property or death or injury to persons to the extent caused by the proven negligent acts or omissions of the Company and its employers and Consultants, provided that the Company's liability for the same shall be limited to the coverage and indemnity limits provided under the Company's insurance policies (which are available for inspection on request), unless otherwise covered by statute.
(d) If the Company or any of its employees, agents and sub-contracts shall act or fail to act in any manner which results in an actionable wrong, the Client shall, subject to Clauses 8b) and 8c) above indemnify the Company against all claims, damages, costs and expenses made or incurred by a third party arising from any such act or lack of act by the Company.
- Force Majeure
Neither the FUTURE BY ENERGY nor the Client shall, except as otherwise provided in these Conditions, be responsible for any loss, damage, delay or failure in performance hereunder arising or resulting from act of God, act of war or terrorism, seizure under legal process, quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions and arrest or restrain of princes, rulers or people.
The FUTURE BY ENERGY shall effect and maintain, at no cost to the Client, Professional Liability Insurance for such loss and damage for which the FUTURE BY ENERGY may be held liable to the Client under these terms and conditions.
- FUTURE BY ENERGY Right to sub-contract
The FUTURE BY ENERGY shall have the right to sub-contract any of the services provided under the conditions, subject to the Client's right to discuss such an appointment and object on reasonable grounds if necessary. In the event of such a sub-contract, the FUTURE BY ENERGY shall remain fully liable for the due performance of its obligations under these conditions.
- Time Bar
Any claims against the FUTURE BY ENERGY shall be deemed to be waived and absolutely time barred upon the expiry of one year from the submission date of the report to the Client.
- Document retention
The Company shall retain all data, correspondence, documents and records that have a bearing on the services provided to the Client for a period of 7 years after completion of the service. The client will be given the right to have their own disclosed documentation returned by the Company or destroyed upon completion of the service.
- Governing Law
This Agreement shall be governed by and construed in accordance with English Law and the Client submits to the exclusive jurisdiction of the English Courts or Arbitration in London, England. Nothing herein shall prevent the Company from enforcing in any country an award made by the above exclusive jurisdiction.
Air Conditioning Energy Assessment Terms and Conditions
1.1 We understand this is for the preparation of Air conditioning reports for various properties, within the United Kingdom.
1.2 Our services include the co-ordination, management, surveying and report writing for each of the locations being surveyed having fixed air conditioning equipment capacities of between 12-250kw. These reports must be concluded by 4 January 2011.
1.3 Our services are to be undertaken by registered Air Condition Inspection Engineers as defined under the Energy Performance in Buildings Directive. This competence ensures our engineers are accredited and have the experience necessary to undertake survey’s complying with CIBSE Technical Memorandum TM44 (2007).
2 Survey Scope & Methodology
2.1 The key to our success in delivering these services is our ability to establish standard protocols for surveys and the conversion of information into final report formats, efficiently and professionally.
2.2 Our approach will be to utilise software driven data entry sheets which automatically and consistently produce the required reports. Each commission will be supported by the appropriate number of staff depending on the quantity in question. One member of staff will be office based to receive raw data from the qualified inspectors undertaking the services.
2.3 As each inspection is undertaken the raw data information will converted by the Engineers into template reports satisfying the requirements of the legislation. These will be e-mailed from site and lodged with our chosen QA assessors as required under the guidelines. The report will then be released to the Client.
2.4 The office administrator will operate a 2 week lead in diary system in which each location will be notified of our inspectors visit and then again one day before the visit. During this communication a pro forma site survey sheet will be completed to ensure our engineers arrive with the correct equipment. This will include, amongst other things, details of access to plant rooms, landlord keys, and access to external plant and associated restrictions to our survey. This stage is important as it makes our requirements transparent to each location and allows staff to be fully aware of what is needed prior to us attending.
2.5 This diary management (including route planning software) will be linked to the inspectors, so that cancellations can be dealt with without significant disruption.
2.6 Should our Client prefer to establish an http server we will be able to lodge our reports directly to your server to avoid unnecessary printing and postage costs.
2.7 We have included in our fee for uploading the reports to our QA Assessors and the land mark UK database and associated fees. We have included £30 per report for this function which is subject to change depending on external influences.
2.8 A Director at the local office providing this service will be overseeing our service delivery and a contact point should problems arise.
3 Survey Limitations
3.1 In some instances external condenser plant may be inaccessible due to the fixing height of the units above ground level. As such in this case the condenser unit details will be obtained through the F gas report which we assume each location will have available for us to inspect
(We can offer this service as a separate fee if required)
3.2 Our services are limited to use of a standard 5ft step ladder. Access platforms, scaffolding or road close notifications and the like are not included within our proposal but these services can be provided if necessary.
3.3 We will not charge additional fees where we have failed to meet our obligations to attend site at the agreed dates in accordance with our agreed visitation protocols. We however reserve the right to request additional fees should we be unable to access a location through no fault of our
3.4 Please note our services are non intrusive and no equipment or settings will be touched during our visit.
3.5 The reports we issue are intended to be acted upon by the receiving party. Failure to do so may result in future fines by the regulating body.
4.1 Fees are typically as shown below, however, until further information is supplied in terms of location of site, equipment installed and access requirements etc they are indicative only.
4.2 Typical survey rates for Category 3 systems (splits ac systems) Property Type / Size Fee - High St.
1- 2 systems - £250.00
2 – 5 systems - £450.00
5 – 10 systems - £650.00
10 or more systems – site visit is required
Please note that ABC Air Conditioning ltd do not hold a category 4 so are not able to carry out these works but can recommend category 4 companies who will be able to do the assessment.
Listed below is a brief list of what is included within the fees but for the full list then please see our terms and conditions which we will be happy to forward on to you.
Included within the fees
Our fees include all travel costs to sites within one hours travel time of our main office in Leicester
The fee also includes the printing of one report to an agreed central location.
Excluded from the fees
Excluded from the fees are for any access equipment that is required to get to the air conditioning units to carry out the assessment.
Any overnight stays in hotels / meals which may be required to carry out one or more assessments
Any additional works required outside the assessment (see our terms and conditions)
For any more information then please contact me on the details below where we forward on any more information you require or will be more than happy to discuss any questions you may have.
5 Terms & Conditions
5.1 The scheme will be managed by a Chartered Engineer and the business carries Professional Indemnity Insurance in the value of £250,000 (certificate upon request).
5.2 Fee applications will be submitted on a monthly basis tracking the stages of our services.
Payment of invoices will be strictly 30 days.
5.3 Changes to our services and additional services will be chargeable at £30 per hour per engineer. Daily rates are £250 per engineer.
5.4 Payment is required no later than 30 days from receipt of invoice.
5.5 Failure of payment will result in interest being charged at the current base rate plus 3%. We will also be entitled to charge Statutory Interest and debt recovery costs pursuant with Late Payment Legislation on the outstanding balance.
5.6 Written instructions are required prior to any additional services being provided, which are over and above the original brief. These additional services will be charged at £250 per day per engineer plus disbursements, unless agreed otherwise (£30/Hour)
5.7 We will not accept any other payment terms than those specified.
5.8 Information supplied under the terms of our appointment remain the property / ownership of
ABC Air Conditioning Ltd until the associated fee account has been paid and we also reserve the right to cease work in relation thereto until all outstanding accounts have been settled.
5.9 All services provided are based on the initial brief and any subsequent re-design / amendment to the brief will be deemed to be additional services and charged accordingly.
5.10 Information provided for the specific scheme shall not be used for any other purpose other than that intended. We accept no responsibility or liability for failure to comply with this statement.
5.11 Our offer remains open for a period of 30 days.
5.12 Fee Invoices will be submitted in batches of 20 survey reports issued, unless agreed otherwise.
5.13 All fees are exclusive of VAT and disbursements unless detailed otherwise.
5.14 Any legal fees associated with Appointment Documents and Warranty Documents, if not