The following epc-terms-and-conditions shall apply to all work undertaken by the Domestic Energy Assessor employed by
Wired safe ltd 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.

  • 1. Definitions
    “Domestic Energy Assessor” or the “Company” is the Domestic Energy Assessor trading under these conditions
    that are set out by the Company Wired Safe LTD.
    “Client” is the party at whose request or on whose behalf the Domestic Energy Assessor undertakes surveying
    “Report” means any report, advice or statement supplied by the Domestic Energy Assessor 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 Domestic Energy Assessor to the Client and including any value added tax
    where applicable and any Disbursements.
  • 2. Scope
    The Domestic Energy Assessor 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 Domestic Energy Assessor to
    provide. In the case of services for a subscription insurance market, this will be the requirements of the policy
    leader and may be as simple as ‘Instruct SA’.
    When acting for underwriters or other clients, the Domestic Energy Assessor’s opinions will be offered strictly
    without prejudice to liability, unless specifically authorised otherwise by the client.
  • 3. Fees
    In normal circumstances, the Company will offer to perform the work on an fixed fee, up to a maximum of 1
    hours per day. The Company reserves the right to increase it’s rates at least once per annum to reflect increased
  • 4.
    • (a)
      Payment Terms
      In the case of a subscription market billing, the Client will be responsible for his designated portion of the
      Domestic Energy Assessor’s invoice and shall pay the Domestic Energy Assessor’s fees punctually in accordance
      with these Conditions and in any event not later than 7 days following the relevant invoice date. Any delay in
      payment shall entitle the Domestic Energy Assessor 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
    • (b)
      The same terms and conditions as (a) above shall apply to single party billing.
  • 5. 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.
    • (a)
      Obligations and Responsibilities
      Domestic Energy Assessor
      The Domestic Energy Assessor shall use reasonable care and skill in the performance of the services in accordance
      with good surveying practice.
    • (b)
      The Domestic Energy Assessor shall submit interim advices, site situation reports and a final report to the Client
      during and following completion of the agreed services describing the Domestic Energy Assessor’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.
    • (c)
      The Domestic Energy Assessor 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 Domestic Energy Assessor remains the property of the Domestic Energy Assessor. 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 Domestic Energy Assessor 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 Domestic Energy Assessor to
      continue its involvement with the appointment. The Client shall be responsible for payment of the Domestic
      Energy Assessor’s fees up the date of notification.
    • (e)
      The client shall promptly settle the Domestic Energy Assessor’s invoice in accordance with Payment Terms
  • 7.
    • (a)
      The Domestic Energy Assessor 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 Domestic Energy Assessor 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)
    • (c)
      The company’s total liability for professional negligence shall not exceed the fee paid for the work.
      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
    • (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.
  • 8. Force Majeure
    Neither the Domestic Energy Assessor 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.
  • 9. Insurance
  • The Domestic Energy Assessor shall effect and maintain, at no cost to the Client, Professional Liability Insurance for such loss and damage for which the Domestic Energy Assessor may be held liable to the Client under these terms and conditions.
  • 10. Domestic Energy Assessor Right to sub-contract

The Domestic Energy Assessor 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 Domestic Energy Assessor shall remain fully liable for the due
performance of its obligations under these conditions.

  • 11. Time Bar
    Any claims against the Domestic Energy Assessor 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.
  • 12. 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.
  • 13. 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.

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