Parties and Instruction
1.1 These Terms and Conditions govern the provision of Domestic Energy Assessment services by Home Energy London, a trading name of Smooth Stone Services Limited (“the Assessor”), whose assessments are carried out by Sam Azzi, an ECMK Accredited Domestic Energy Assessor, to the client instructing the assessment (“the Client”).
1.2 The specific property address, appointment time, agreed fee and method of delivery are to be set out in the appointment letter, email confirmation, quotation or other written instruction, which together with these Terms forms the contract between the Assessor and the Client.
1.3 The contract is formed when the Client accepts the appointment in writing, confirms the booking, or otherwise instructs the Assessor to attend the property.
Scope of service
2.1 The service is limited to carrying out a Domestic Energy Assessment for the purpose of producing an Energy Performance Certificate (EPC) and Recommendation Report for an existing dwelling.
2.2 The service does not include a survey, valuation, condition report, defect diagnosis, structural advice, building control advice, legal advice, planning advice, retrofit design, or advice as to which EPC recommendation should be implemented.
2.3 The EPC is a standardised asset rating based on the RdSAP methodology and prescribed assumptions. It is not a guarantee of actual energy consumption, running cost, future performance or suitability for any particular purpose.
Methodology and compliance
3.1 The assessment will be undertaken using the government-approved Reduced Data Standard Assessment Procedure (RdSAP) where that methodology is appropriate for the property being assessed.
3.2 The Assessor will operate in accordance with current legislation, current RdSAP conventions and specification, the requirements of the ECMK Accreditation Scheme and the applicable Code of Conduct.
3.3 If, in the Assessor’s judgment, RdSAP is not the correct methodology for the property, the Assessor may decline the instruction or direct the Client to seek an assessor accredited for the appropriate methodology.
Basis of inspection
4.1 The inspection is visual and non-intrusive only. The Assessor will inspect only those parts of the property that are safely and reasonably accessible at the time of attendance.
4.2 The Assessor will not move heavy furniture, lift fitted floor coverings, remove floorboards, open up concealed parts of the building, dismantle fittings, or carry out testing or certification of electrical, heating, plumbing or drainage systems.
4.3 Roof spaces will be inspected only where access is safe, practicable and does not create a risk of injury or damage. Unsafe, restricted or inaccessible areas will not be inspected.
4.4 Where any part of the property cannot be inspected, the Assessor will record the limitation and will apply the assumptions permitted by the RdSAP methodology where appropriate.
Information provided by the Client
5.1 The Client must provide accurate information relevant to the assessment, including any details known about the age of the property, extensions, insulation, windows, heating systems, hot water systems, renewable technologies and significant alterations.
5.2 The Assessor may rely on information and documentation supplied by the Client, occupier, installer, managing agent or other third party where it appears relevant to the assessment.
5.3 The Assessor is not responsible for inaccuracies arising from incorrect, incomplete or misleading information, or from documents that do not relate to the property being assessed.
Access, safety and occupancy
6.1 The Client must provide safe and reasonable access to all relevant parts of the property and ensure that the property is in a condition safe and suitable for inspection.
6.2 The responsible person at the property must, on request, identify meters, heating appliances, controls, cylinders, loft access points and any restricted areas relevant to the assessment.
6.3 The Assessor may refuse to enter, may stop the inspection, or may decline to continue where there is a health and safety concern, no responsible adult is present where required, access is inadequate, or continuing would risk non-compliance or inaccuracy.
6.4 Where an inspection cannot proceed for safety or access reasons, the Assessor may charge in accordance with clause 10.
Photographs, evidence and records
7.1 The assessment requires supporting evidence. The Assessor will explain the requirement for photographs and the purpose for which they are taken before using a camera at the property.
7.2 Photographs, site notes, sketch plans and supporting documents may be retained as part of the assessment record for audit, quality assurance, accreditation compliance, complaints handling and evidential purposes.
7.3 If permission to take photographs is refused, the Assessor may be unable to proceed if the assessment cannot otherwise be adequately evidenced for scheme and audit requirements.
Client acknowledgements
8.1 The Client acknowledges that the EPC reflects the property as observed and evidenced at the time of the inspection and not the behaviour of the occupier.
8.2 The Client acknowledges that ratings and recommendations may differ from earlier EPCs because of changes in the property, changes in evidence available, changes in methodology, conventions, software or legislation.
8.3 The Client acknowledges that some recommendations appearing on the EPC are generated using Government-approved methodology and software, and the Assessor must not advise which recommendation should be implemented.
Delivery of the EPC
9.1 Subject to payment and subject to sufficient access and evidence being available, the EPC will normally be produced and lodged within one working day after the inspection.
9.2 The EPC and Recommendation Report may be delivered electronically unless otherwise agreed.
9.3 The Assessor may withhold release of the EPC until the agreed fee, and any agreed additional charges have been paid in full.
9.4 If the Assessor later identifies that the lodged EPC is defective or requires replacement, the Assessor may re-lodge a corrected certificate in accordance with scheme and regulatory requirements.
Fees, payment, cancellation and wasted visits
10.1 The agreed fee for the assessment will be confirmed before the appointment is booked. Unless otherwise agreed in writing, this is the total fee payable for the agreed service.
10.2 Payment is due immediately following completion of the site inspection unless otherwise agreed in writing.
The Energy Performance Certificate (EPC) and any associated documentation will be issued once cleared funds have been received.
Accepted payment methods include bank transfer, debit card, credit card and other payment methods advised at the time of booking.
10.3 Appointments may be cancelled or rearranged without charge provided at least 24 hours’ notice is given. Where less than 24 hours’ notice is provided, a £40 cancellation fee may be charged.
10.4 Missed Appointments and No Access. If the Assessor attends the property but is unable to carry out the assessment because:
- no responsible adult is present
- access to the property cannot be obtained
- essential areas of the property are inaccessible
- the inspection cannot proceed safely
the full agreed attendance fee will normally be charged. Where a return visit is required, an additional attendance fee may apply.
10.5 The Assessor may charge interest on overdue invoices at 2% above the Bank of England base rate, calculated on a daily basis.
10.6 Cancellation by the Assessor. If the Assessor is unable to attend due to unforeseen circumstances, the Assessor will contact the Client as soon as reasonably practicable to rearrange the appointment. No cancellation charge will apply in these circumstances.
10.7 Where the Client books the service as a consumer without face-to-face contact, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 may apply. By requesting an appointment within the statutory cancellation period, the Client expressly requests that the service begins before the end of that period. Once the assessment has been completed, the right to cancel may no longer apply in accordance with the Regulations.
Complaints
11.1 If the Client has a complaint, it should first be raised directly with the Assessor, who will seek to resolve it promptly and fairly.
11.2 A copy of the Assessor’s complaints handling procedure is available on request.
11.3 If the complaint is not resolved directly, the Client may refer the matter to the Assessor’s accreditation scheme in accordance with the applicable scheme complaints process.
11.4 Nothing in these Terms affects the Client’s statutory rights.
Data protection and register lodgement
12.1 Personal data and assessment data will be processed only for purposes connected with the instruction, including production of the EPC, register lodgement, audit, quality assurance, complaints handling, legal compliance and record retention. Further information regarding the collection and processing of personal data is contained within the Home Energy London Privacy Policy.
12.2 The Client acknowledges that EPC data must be lodged on the official register and that relevant assessment data may be shared with the accreditation scheme, Register Operator or competent authorities where required.
12.3 Assessment records will be stored and handled in accordance with applicable data protection requirements and scheme rules.
Conflicts of interest and professional conduct
13.1 If the Assessor has any interest in the property or other circumstance requiring disclosure under scheme rules, that interest will be disclosed before the assessment proceeds.
13.2 The Assessor may decline or terminate the instruction where a conflict of interest, safety concern, lack of independence or other professional issue makes it inappropriate to continue.
Insurance and Limitation of Liability
14.1 The Assessor maintains Professional Indemnity Insurance and Public Liability Insurance that meet or exceed the minimum requirements of the ECMK Accreditation Scheme.
14.2 The Assessor will use reasonable skill and care in carrying out the assessment.
14.3 The Assessor shall not be liable for any loss arising from hidden defects, inaccessible areas, services not tested, matters outside the scope of the EPC, or reliance placed on the EPC for any purpose other than that for which it is produced.
14.4 Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot lawfully be excluded.
14.5 Subject to clause 14.4, the Assessor’s total aggregate liability arising out of the instruction shall not exceed the limit of Professional Indemnity Insurance maintained by the Assessor at the time the service is provided.
14.6 This EPC and any associated documentation are prepared solely for the Client and for the purpose for which they were commissioned. No responsibility or liability is accepted to any third party who may rely upon them.
General
15.1 Neither party shall be liable for any failure or delay in performing its obligations where that failure or delay results from circumstances beyond its reasonable control, including severe weather, illness, accident, transport disruption, utility failure or other events outside its control.
15.2 These Terms, together with the appointment letter, quotation, booking confirmation or written instruction, form the entire agreement between the Assessor and the Client in relation to the service.
15.3 No variation of these Terms is effective unless agreed in writing.
15.4 If any provision is found unenforceable, the remaining provisions will continue in effect.
15.5 These Terms are governed by the law of England and Wales, and any dispute shall be subject to the jurisdiction of the courts of England and Wales.