Terms and Conditions

THIS AGREEMENT

Between

1. ABI HIP's(“ THE PROVIDER ”)

2. Customer (“ The client ”)

Preamble

THE PROVIDER is a company that provides home information packs which will contain an Energy Performance Certificate and other key documents such as evidence of title, local authority and drainage and water searches and key leasehold documents where appropriate.

The following is agreed by the Parties:

1 Services and Deliverables to be Supplied
1.1 THE PROVIDER will supply The HIP client with agreed Services and Deliverables in respect of the Premises, all as detailed in the Hip Order Form or as agreed by separate negotiation.

1.2 THE PROVIDER's allocated energy assessor will undertake a visual inspection and will not look at parts of the Premises which are covered, unexposed or inaccessible. The energy assessor will not lift up carpets or floor boards. Lofts will only be inspected if it is safe to do so, access is within 3 metres of floor level & it will not damage the Premises

1.3 THE PROVIDER shall liaise with the Client to arrange access to the HIP property within 24 hours of instruction and the EPC will be made available within 3 days of access to the property. This timetable will be a good faith estimate of the period required to perform the Services and deliver the Deliverables, and THE PROVIDER will work diligently to perform the Services in accordance with that timetable.

1.4 The method of delivery of the HIP will be via pdf document, and will normally be via e-mail unless a hard copy has been specifically requested (a nominal fee may be charged).

2 Charges & Payment

2.1 Charges - The Charges payable will be as is quoted on our website, agreed verbally or in writing via email. The Charges are exclusive of any Value Added Tax which is payable in connection with the Services & Deliverables, and will be added according to the prevailing legislation and separately shown on invoices.

2.2 Invoicing & Payment Terms

a. Payment will be required in advance of services, unless by prior arrangement.

b. Where applicable, invoices shall be submitted by THE PROVIDER immediately upon provision of HIP pdf and paid by The client within 30 days of date of invoice.

c. If any payment due to THE PROVIDER is in arrears for more than 30 days, THE PROVIDER may charge interest on a day to day basis from the original due date until the date of payment in full, at the statutory rate in force from time to time.

3 Cancellation & Termination
3.1 Cancellation by Client

a. Where The HIP client cancels all or any of the Services detailed in a Schedule of Work, a cancellation fee equating to 50% of the total Charges payable for those Services will be payable by The HIP client.

b. In addition to these cancellation charges, any expenses and third party costs that are payable by THE PROVIDER in connection with the Services will be paid by The client.

c. If The client requests that part of the Services be postponed to a date commencing more than one month after the initial start date for provision of the Services or on an indefinite basis, this will be treated as a cancellation and the provisions of this Clause will apply.

d. For the avoidance of doubt, the above cancellation fees are an agreed figure and a genuine pre-estimate of the losses that will arise out of any cancellation of the Services.

3.2 Cancellation or postponement by THE PROVIDER

b. Where, due to circumstances within its control, THE PROVIDER is forced to cancel or postpone the provision of the Services with less than one Working Day's notice and The HIP client incurs costs and expenses, a replacement date will be booked & that day's Services will be provided with a 50% reduction in the Charges.

c. Where THE PROVIDER terminates the Schedule of Work under Clause 4.5, a fee equating to 50% of the total Charges payable for those Services will be payable by The HIP client.

3.3 THE PROVIDER may terminate a Schedule of Work involving the preparation of a HIP if in the course of preparing the HIP:

a. a conflict of interest arises with the Client, The client or other professionals;

4 Client Obligations

4.1 The client will liaise and co-operate fully with THE PROVIDER in relation to the Services.

4.2 The client will procure that the Client prepares the Premises and provides all such information as is reasonably required to enable THE PROVIDER to meet its obligations under this Agreement.

5 Data Protection
5.1 Each party will ensure that it will, at all times during the Contract Period, comply with all the provisions and obligations imposed upon it by the Data Protection Act 1998 (“ the Act ”).

5.2 THE PROVIDER is acting as a ‘ Data Processor' in respect of ‘ Personal Data' (both as defined in the Act) relating to the Client during the provision of the Services, THE PROVIDER will ensure that the Personal Data is processed only in accordance with The client's explicit instructions and pursuant to this Agreement.

5.3 Any Personal Data that THE PROVIDER receives about the Client, or from the Client, will only be used for the purposes detailed in the Schedule of Work.

6 Confidentiality

6.1 Neither party, nor its Personnel or advisers, will use, nor disclose to any third party (other than for the purposes of performing this Agreement), any Confidential Information including the contents of this Agreement, the Schedule of Work, and Personal Data. The parties agree that any Confidential Information obtained from, or relating to, the disclosing party will be the property of the disclosing party.

7 Insurance

Both parties will at all times during the Contract Period, at their own expense, maintain insurance adequate to provide cover in accordance with sound business practice in connection with its obligations under this Agreement and will on request produce copies of such policies to the other party. For the avoidance of doubt, THE HIP PROVIDER will maintain insurance cover in accordance with the requirements of the Accreditation Scheme and the minimum terms set by DCLG.

8 Limitation of Liability

8.1 Notwithstanding anything to the contrary in this Agreement, the liability of the parties under or in connection with this Agreement, whether arising from contract, negligence or howsoever will be limited as set out in this Clause 12.

8.2 The liability of THE PROVIDER is unlimited in respect of any liability arising from:

a. death or personal injury caused by the negligence of THE PROVIDER;

b. any proven fraud on the part of THE PROVIDER, or a third party for which THE PROVIDER is at law responsible.

8.3 The aggregate total liability of THE PROVIDER is limited to fifty thousand pounds sterling (£50,000) in respect of any claim for loss of, or physical damage to The client's or the Client's tangible property caused by the act or omission of THE PROVIDER.

8.4 In respect of any other liability THE PROVIDER'S aggregate total liability is limited to ten thousand pounds sterling (£10,000).

8.5 THE PROVIDER will not be liable for any special, consequential or indirect damages, loss of profits (including direct loss of profits), loss of business, loss of revenue, loss of goodwill or loss of anticipated savings arising out of or in connection with this Agreement.

8.6 The HIP client accepts that the Charges have been set in relation to the risks being assumed by THE PROVIDER under this Agreement, and that accordingly the limitations on the liability of THE PROVIDER detailed in this Clause are reasonable.

9 Disputes Procedure

9.1 THE PROVIDER will provide a high level of customer care at all times. In the unlikely event of any complaint, the parties agree that they will work together in good faith to resolve any disputes arising under this Agreement.

9.2 THE PROVIDER will seek to resolve any initial complaint by telephone, email or in person as quickly as possible. THE PROVIDER will promptly notify The HIP client if contacted by the Client direct.

9.3 Should The client or the Client be unhappy with this response The client should write to THE PROVIDER setting out full details of the complaint within 5 Working Days.

9.4 THE PROVIDER will usually respond within no more than 15 Working Days to allow for holidays.

9.5 If The client OR the Client is dissatisfied with this response the matter can be escalated to the Accreditation Scheme.

9.6 This does not affect The client's or the Client's legal rights.

9.7 Force Majeure – Except for any payment obligation imposed on The client, neither party will be liable for a delay in performing, or for a failure to perform, obligations if that delay or failure is caused by circumstances beyond the reasonable control of that party including, but not limited to, refusal or revocation of licence, viruses in software, industrial dispute, impossibility of obtaining materials or labour, or failure of any supplier or carrier to deliver or perform.

9.8 Governing Law - The laws of England will govern this Agreement and the Schedule of Works, and the parties submit to the exclusive jurisdiction of the English courts.

9.9 Precedence - Unless stated to the contrary in any ‘Special Conditions' in the Schedule of Work, in the event and to the extent only of any conflict or inconsistency between:

a. the provisions of the Clauses in the main body of this Agreement and any provisions in the Schedules and any Appendices, the Clauses will prevail over the Schedules and Appendices, and the Schedules will prevail over the Appendices;

b. the provisions in this Agreement and the provisions in the Schedule of Work:

i) The provisions in this Agreement will take precedence over those in the Schedule of Work except for those stated to be ‘Special Conditions'; and

ii) Special Conditions in the Schedule of Work will take precedence over the provisions in this Agreement and the provisions in the Schedule of Work.

9.10 Invalidity and Severability - If a court or administrative organisation with competent jurisdiction decides that a provision in this Agreement is not valid this will not affect the rest of this Agreement. The parties will try to agree on a suitable provision to replace the one that is invalid. The new provision should, as far as possible, achieve the same economic, legal and commercial aims as the invalid one.