www.huddersfieldepc.co.uk – Website Terms and Conditions
TERMS & CONDITIONS
These are the terms and conditions for the use of our website at
www.huddersfieldepc.co.uk (our site) for our supply of any commissioned Home Information Pack (HIP), Home Condition Report (HCR), or Domestic Energy Assessment (DEA) where a Home Inspector is commissioned to produce a Home Information Pack, Home Condition Report, or Energy Performance Certificate (EPC) for the residential property specified by you (the client). By using our site or ordering any of our Energy Performance Certificates, Home Condition Reports or any other items offered you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use our site.
1. INFORMATION ABOUT US
1.1 www.huddersfieldepc.co.uk is a site operated in the UK

2. ACCESSING OUR SITE
2.1 Whilst we shall use all reasonable endeavours to ensure that our site is available at
all times, we reserve the right to withdraw or amend the service we provide on our
site without notice. We will not be liable if for any reason our site is unavailable.
2.2 From time to time, we may restrict access to some parts of our site, or our entire
site, to users who have registered with us.

3. COMMISSIONING A HOME INFORMATION PACK, HOME CONDITION
REPORT OR ENERGY PERFORMANCE CERTIFICATE
3.1 By placing an order to commission a HIP, HCR, or EPC through our site, you warrant that: (a) you are legally capable of entering into binding contracts; and (b) you are at least 18 years old; and (c) if you acting on behalf of a third party you have there express permission to do so.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Our site allows you to request details of costs, availability and for the preparation
of a HIP, HCR or EPC for the property specified. We will respond to you by email and/or telephone or by giving you an online quote based on the information you have provided to us as well as available dates and time needed to complete the work requested by you. All costs quoted by us are valid for 30 days only. You can then decide if you wish to place an order on that costs basis and the basis of our availability and time to produce finished HIP, HCR or EPC via our website. Our pricing structure is based on freehold properties registered at the Land Registry and where your property is leasehold or unregistered additional fees may apply. The prices quoted on our website act as a guide only and do not bind us into a contract with you or any third party client. Prices are quoted for individual properties or on a bulk buying system which will be agreed us and you the client.
4.2 After placing an order to commission a HIP, HCR or EPC, you will receive an email from us acknowledging that we have received your order. Your order constitutes an offer by you to us to buy a HIP, HCR or EPC. All orders are subject to acceptance by us, when we will send you an e-mail confirming that we have accepted your order for a HIP, HCR or EPC (the Order Acceptance). The contract between us (Contract) will only be formed when we send you the Order Acceptance.
4.3 If you have asked us to supply more than one HIP, HCR or EPC, the same acceptance procedure will apply to each individual HIP, HCR or EPC.

5. PRICE AND PAYMENT
5.1 The price of any HIP, HCR or EPC is as quoted to you (see 4.1) or in our costs quoted
, except in cases of obvious error. These prices include delivery to you of the HIP, HCR or EPC online only and show our prices inclusive of VAT. Additional charges apply if you require the HIP, HCR or EPC to be sent to you by
post or other means.
5.2 It is always possible that, despite our best efforts, some of the HIP, HCR or EPC pricing information on our quotes or site may be incorrect, especially where third parties preparing parts of the HIP, HCR or EPC for you do not work on a fixed fee basis. We will normally verify prices as part of our Order Acceptance. We are under no obligation to provide a HIP, HCR or EPC to you at the incorrect (lower) price, even after we have sent you an Order Acceptance, if the pricing error is obvious and unmistakeable or where
any third parties levy any additional charges.
5.3 Payment for HIP, HCR or EPC may be made by the means detailed elsewhere on our site.
 

6. YOUR RIGHTS OF CANCELLATION
6.1 Please note that if you are a consumer you have a cooling-off period in which you
can withdraw from the Contract for any reason, subject to the provisions of clause 6.3 below. This cooling-off period ends seven working days from the day after the Contract was concluded and you receive our Order Acceptance in accordance with clause 4.1 above. If you wish to cancel your order you must notify us within the prescribed period by email to homeinspectors@ntlworld.com. This provision does not apply to business to business transactions.
6.2 To cancel a Contract, you must inform us in writing by email or by post.
6.3 If you are a consumer, the cooling-off period and the right to cancel a Contract will not apply where: (a) a HIP, HCR or EPC has already been issued to you; (b) the work for the EPC has been carried out whather or not the EPC has been issued subject to clause 6.7 & 11; (c) you have already opened any emails or sealed envelope containing a HIP, HCR or EPC (d) We have incurred the costs for the searches required in the HIP
6.4 Subject to clause 6.7, contracts cancelled by you within the seven-day cooling-off period will be refunded in full, excluding any costs of posting the HIP or EPC to you. However, you will be responsible for the cost of returning any HIP or EPC to us.
6.5 We will usually refund any money received from you using the same methodoriginally used by you for pay for your purchase. We will usually process the refunddue to you as soon as possible and, in any case, within 30 days of the day we receivedyour cancellation.
6.6 Any cancellations of or refunds for HIP or DEA other than in accordance with the cooling-off period referred to above will be at our sole discretion. We will not accept a cancellation or refund any money if you decide not to sell the property.
6.7 If you cancel the Contract you will remain liable for the costs of any Third Party Reports already ordered or obtained by us on your behalf in accordance with the provisions of clause 11.
6.8 This clause 6 does not affect your statutory rights.

7. INFORMATION PROVIDED BY THE CUSTOMER AND OUR HOME
INFORMATION PACKS
7.1 We will provide you with access to such online property questionnaires and other
materials as we deem necessary for you to complete to give us the required
information for us to prepare a Home Information Pack or EPC for you once we have
accepted your order.
7.2 You will be required to complete such information and return it to us by email or post in
order for us to prepare a Home Information Pack for you.
7.3 You may incur additional costs in obtaining information to send to us for our
inclusion in the Home Information Pack, HCR or EPC. An example of such costs might be Landlords or Managing Agents charges for providing a copy of a lease and other leasehold information. Any such costs are not included in our charges.
7.4 Unless there are exceptional circumstances, your Contract for a Home Information
Pack, HCR or EPC will normally be fulfilled by making the Home Information Pack or
EPC available to you online within ten working days of our receipt of your completed
Property Information Questionnaire as sent to us by email or post.
7.5 Such timescale is for guidance only and we shall not be responsible for delays
owing to holiday periods or other causes outside our reasonable control. The costs of
making the Home Information Pack , HCR or EPC available to you online is included in
your fee, but additional charges may be payable if you need the Home Information
Pack or EPC by any other means, such as by CD Rom, post or in the form of a
memory stick.
7.6 We shall not be liable for any losses of any Customer Information Forms sent to
us and you are recommended to take copies of all items prior to sending them.

8. ACCURACY OF INFORMATION PROVIDED BY YOU
8.1 It is important to note that the information you provide to us will form part of the
publicly-available Home Information Pack, HCR or EPC upon which reliance may be made by potential or actual buyers, mortgage lenders and other parties. It is imperative that all information provided by you is as accurate and complete as possible. If the
information you give about your property is inaccurate, incomplete or misleading in
any way you risk legal claims against you, including for compensation.
8.2 You warrant that the information supplied by you when completing and
submitting the Property Information Questionnaire is current, true, accurate and complete.
You agree to notify us immediately if you become aware that any such information is
inaccurate or incomplete in any way and let us have any updated information. If you
provide us with an incorrect address or other information in your Property Information Questionnaire you will still be liable to pay our fees once the Contract has been made between us.
8.3 You must ensure that any materials submitted to us do not infringe any applicable
laws, regulations or third party right, (such as material which is obscene, indecent,
pornographic, offensive, defamatory, threatening, liable to incite racial hatred,
menacing, blasphemous or in breach of any third party''s intellectual property rights).
 

9. YOUR REGISTRATION
9.1 Each registration provided when you commission a Home Information Pack or
DEA is for a single user only. Responsibility for the security of any passwords or user
names allocated to you rests with you. If you know or suspect that someone else
knows your password, you should contact us immediately. Once the Home
Information Pack or EPC is complete, passwords may be issued to third parties, such
as prospective buyers, who wish to view it online.
9.2 We may suspend or cancel your registration immediately at our reasonable
discretion or if you breach any of these terms and conditions.

10. OUR RIGHTS OF CANCELLATION
10.1 We reserve the right to refuse to accept your order for a Home Information Pack or EPC, or suspend provision of a Home Information Pack or EPC immediately if you fail to comply with any of these terms and conditions or your previous actions give us reasonable grounds to believe that you may fail to do so in the future. If we exercise this right we shall notify you via email.

11. OBTAINING REPORTS FROM THIRD PARTIES
11.1 You acknowledge and agree that during our preparation of a Home Information
Pack or DEA for you, it will be necessary for us to obtain reports from third parties on
your behalf in relation to the Sale Property (Third Party Reports). These may include,
but are not limited to:
(a) Energy performance certificates prepared by external government-licensed ''Home
Inspectors'' or ''Domestic Energy Assessors'';
(b) home condition reports prepared by external government-licensed ''Home
Inspectors'';
(c) copies of records relating to the Sale Property held at the Land Registry;
(d) local enquiries, local land charges register searches, and drainage and water
enquiries;
(e) any other specialist reports required.
11.2 Our fee for the Home Information Pack or DEA includes our costs of procuring
certain specified Third Party Reports on your behalf. We will specify in our cost
structure exactly what Third Party Reports will be included in your own Home
Information Pack or DEA fee.
11.3 Our fees are based upon estimated costs of obtaining the Third Party Reports
specified in our costs structure. In exceptional circumstances, the actual costs of
procuring specific Third Party Reports may be higher than initially envisaged. In such
circumstances we shall notify you by email accordingly of any additional fees you
will incur prior to ordering such Third Party Reports on your behalf and will only
proceed with your approval.
11.4 In the event that you delay any approval of increased Third Party Reports costs
as referred to above, you acknowledge that it is likely to delay our preparation of your
Home Information Pack or EPC and the non-inclusion of all necessary Third Party
Reports may render your Home Information Pack or EPC incomplete and may mean
that you do not comply with your legal obligations in this respect.
11.5 Where we obtain Third Party Reports on your behalf, you acknowledge and
agree that we do so as your agent and we shall be permitted to disclose to the relevant
party from whom we obtain any Third Party Report that we are acting on your behalf.
As such, the contract for the provision of such Third Party Reports will be between
you, as the disclosed principal and the provider of the Third Party Report and we at
www.huddersfieldhipps.co.uk are not a party to any such contract we make as your agent and
we cannot sue or be sued upon it.
11.6 Whilst we shall use all reasonable endeavours to obtain any required Third Party
Reports for you from suitably qualified and experienced third parties whom we
reasonably believe to have the relevant degree of expertise and appropriate
professional standing, you acknowledge that we are not liable for the contents of any
Third Party Reports and/or any delay, errors or omissions by any third party providing
such Third Party Reports.
11.7 As we will be obtaining Third Party Reports only as your agent, if you would
like to see copies of any contract from third parties preparing such Third Party
Reports in order to assess your rights and liabilities, we will forward these to you
upon request, wherever reasonably practicable. You acknowledge, however, that this
may result in slight delays in the preparation of your Home Information Pack or EPC.
11.8 You agree to indemnify us against all costs, claims, damages, losses and
expenses arising as a result of any claim or action suffered by us in the event that we
are deemed to be acting as your agent in obtaining any Third Party Reports for you or
performing our other obligations under a Contract.
11.9 In the event that you exercise your right to cancel a Contract in accordance with
the provisions of clause 6, we reserve the right to charge you for any costs incurred by
us in ordering or obtaining Third Party Reports on your behalf prior to the date of
cancellation of the Contract.

12. OUR LIABILITY
12.1 We are not responsible to you for any data that you lose as a result of accessing
our site or the Home Information Pack or EPC, although we may make available to
you again any lost Home Information Pack or EPC by re-issuing you with a password
at our discretion. You must ensure that you save and back up all your data used for
completing the Customer Information Form.
12.2 We shall not be liable for any use made of your Home Information Pack or EPC
or any information contained in it by third parties (whether fraudulently or otherwise)
once your Pack has been made available to the public, whether via our website or
otherwise.
12.3 We may make changes to the material on this site, or to the products, services
and prices described in it, at any time without notice. The material on this site may be
out of date.
12.4 The material on this website is provided “as is” without any conditions,
warranties or other terms of any kind. Accordingly, to the maximum extent permitted
by law, we exclude all representations, warranties, conditions and other terms
(including, without limitation, the conditions implied by law of satisfactory quality,
fitness for purpose and the use of reasonable care and skill) which but for these terms
and conditions might have effect in relation to this site.
12.5 Subject to clause 12.6, our entire liability to you in respect of these terms and
conditions or any Contract (whether in contract or tort, including negligence, or
otherwise) shall be limited to £2,000,000, which represents the level of our insurance
cover and you are responsible for making your own arrangements for the insurance of
any excess loss, if required.
12.6 Clause 12.5 does not include or limit in any way our liability: (a) for death or
personal injury caused by our negligence; (b) for fraud or fraudulent
misrepresentation by us; or (c) for any matter for which it would be illegal for us to
exclude, or attempt to exclude, our liability.
12.7 We accept no liability for any loss of income or revenue, loss of business, loss of
profits or contracts, loss of anticipated savings, loss of data, waste of management or
office time or for any indirect or consequential loss or damage of any kind however
arising and whether caused by tort (including negligence), breach of contract or
otherwise, even if foreseeable.
12.8 You agree to indemnify us fully, defend and hold us, and our officers, directors,
employees and agents, harmless from and against all claims, liability, damages,
losses, costs (including reasonable legal fees) arising out of any breach of these terms
and conditions or any Contract by you, or your use of this site, or the use by any other
person using your registration details or in any circumstances where we are held to be
your agent.

13. INTELECTUAL PROPERTY RIGHTS
13.1 We are the owner or the licensee of all intellectual property rights in our site, in
the material published on it, and in our Home Information Packs or EPCs. Those
works are protected by copyright laws and treaties around the world. All such rights
are reserved.
13.2 In consideration of your Home Information Pack or DEA fee, we grant to you a
non-exclusive, licence for you to use the Home Information Pack or EPC solely for
the purposes contemplated by the Home Information Pack Regulations. You are not
permitted to resell your Home Information Pack or EPC.
 

14. RELIANCE ON HOME INFORMATION PACKS or EPC’s
14.1 We stress that the information you provide to us about your property will form
part of the publicly-available Home Information Pack or EPC upon which reliance
may be made by potential or actual buyers, mortgage lenders and other parties,
regardless of who paid for the preparation of the Home Information Pack or EPC. If
the information you give about your property is inaccurate, incomplete or misleading
in any way you risk legal claims against you from third parties, including for
compensation.
14.2 Where you are unsure what information to include, how to answer any particular
questions or where there are complex issues relating to your property you should seek
specialist advice from a solicitor.
 

15 OUR SITE CHANGES REGULARLY
15.1 We aim to update our site regularly, and may change the content at any time. If
the need arises, we may suspend access to our site, or close it indefinitely. Any of the
material on our site may be out of date at any given time, and we are under no
obligation to update such material.

 

16. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
16.1 We process information about you in accordance with our privacy policy
//www.huddersfieldepc.co.uk By using our site, you consent to such processing
and you warrant that all data provided by you is accurate.
 

17. PROHIBITED USE
17.1 Other than personally identifiable information, which is covered under the
Privacy Policy. Any material you send to us will
be considered non-confidential and non-proprietary. We will have no obligations with
respect to such material. We and our nominees will be free to copy, disclose,
distribute, incorporate and otherwise use such material and all data, images, sounds,
text and other things embodied therein for any and all commercial or non-commercial
purposes.
 

18. LINKING TO AND FROM OUR SITE
18.1 Links to third party websites on this site are provided solely for your
convenience. If you use these links, you leave this site. We have not reviewed all of
these third party websites and do not control and are not responsible for these
websites or their content or availability and you use such third party websites entirely
at your own risk
 

19. WRITTEN COMMUNICATIONS
19.1 Applicable laws require that some of the information or communications we
send to you should be in writing. When using our site, you accept that communication
with us will be mainly electronic. We will contact you by e-mail or provide you with
information by posting notices on our site. For contractual purposes, you agree to this
electronic means of communication and you acknowledge that all contracts, notices,
information and other communications that we provide to you electronically comply
with any legal requirement that such communications be in writing. This condition
does not affect your statutory rights.
 

20. NOTICES
20.1 All notices given by you to us must be given to www.huddersfieldepc.co.uk contact
page or by email to homeinspectors@ntlworld.com We may give notice to you at either the email
or postal address you provide to us when placing an order, or in any of the ways
specified in paragraph 19. Notice will be deemed received and properly served
immediately when posted on our site, 24 hours after an e-mail is sent, or three days
after the date of posting of any letter. In proving the service of any notice, it will be
sufficient to prove, in the case of a letter, that such letter was properly addressed,
stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent
to the specified e-mail address of the addressee.
 

21. TRANSFER OF RIGHTS AND OBLIGATIONS
21.1 The Contract between you and us is binding on you and us and on our respective
successors and assigns.
21.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any
of your rights or obligations arising under it, or any Home Information Pack or EPC,
without our prior written consent.
21.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract,
or any of our rights or obligations arising under it, at any time during the term of the
Contract.
21.4 Only the parties to a Contract may seek to enforce its terms.
 

22. EVENTS OUTSIDE OUR CONTROL
22.1 We will not be liable or responsible for any failure to perform, or delay in
performance of, any of our obligations under a Contract caused by events outside our
reasonable control (Force Majeure Event).
22.2 A Force Majeure Event includes any act, event, non-happening, omission or
accident beyond our reasonable control and includes in particular (without limitation)
the following: any industrial dispute affecting any third party, governmental
regulations, fire, flood, disaster, power outage or electrical failure, theft of computers
or related equipment, hostile computer act, telecommunications or internet failures,
non-availability of third party data centres, acts of terrorism, civil riot or war).
 

23. WAIVER
23.1 If we fail, at any time during the term of a Contract, to insist upon strict
performance of any of your obligations under these terms and conditions, or if we fail
to exercise any of the rights or remedies to which we are entitled, this shall not
constitute a waiver of such rights or remedies and shall not relieve you from
compliance with such obligations.
 

24. SEVERABILITY
24.1 If any of these terms and conditions or any provisions of a Contract are deemed
by any competent authority to be invalid, unlawful or unenforceable, such term,
condition or provision will to that extent be severed from the remaining terms and
conditions, which will continue to be valid to the fullest extent permitted by law.
 

25. ENTIRE DOCUMENT
25.1 These terms and conditions and any document referred to in them set out the
entire agreement between us in relation to any Contract. They supersede any prior
agreement, understanding or arrangement between us, whether oral or in writing.
25.2 We each acknowledge that, in entering into a Contract, neither of us has relied on
any representation, undertaking or promise given by the other or implied from
negotiations between us prior to such Contract, except as expressly stated in these
terms and conditions.
25.3 Neither of us shall have any remedy in respect of any untrue statement made by
the other prior to the date of any Contract (unless such untrue statement was made
fraudulently) and the other party''s only remedy shall be for breach of contract as
provided in these terms and conditions.
 

26. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
26.1 We have the right to revise and amend these terms and conditions from time to
time.
26.2 You will be subject to the policies and terms and conditions in force when you
order a Home Information Pack or DEA from us, unless we are required to make any
change to comply with any laws (in which case it will apply to orders previously
placed by you), or if we notify you of the change to those policies or these terms and
conditions before we send you the Order Acceptance (where we shall assume that you
have accepted the change, unless you notify us by email that you still wish to proceed
with the Contract.
 

27. LAW AND JURISDICTION
27.1 These terms and conditions and any Contracts for the purchase of Home
Information Packs or a DEA (which are provided only for properties in England and
Wales) through our site will be governed by English law. Any dispute arising from, or
related to, such terms and conditions or Contracts shall be subject to the non-exclusive
jurisdiction of the courts of England and Wales, although we retain the right to bring
proceedings against you for breach in your country of residence or any other relevant
country.
27.2 If you access this site from locations outside the United Kingdom, you do so at
your own risk and you are responsible for compliance with local laws.

 

28. REPLACEMENT OF ENERGY PERFORMANCE CERTIFICATE
28.1 Where it is deemed and agreed between both you and us that we have provided
you with an EPC that does not fulfil its requirements or is faulty in any way
you have the right to request a replacement product. We will aim to have this
replacement with you as priority to our work load within 3 more working days: noting
that replacement searches by third party companies or and EPC will be dependant on
other companies to provide again the service required to fulfil the HIP or DEA.
 

Huddersfield EPC's, 25 Goldcrest Court, Netherton, Huddersfield HD4 7LN
Tel: 01484 362145      Mob: 07976 666246  
email: homeinspectors@ntlworld.com
SAVA Registration No: SAVA003849
QUID Registration No: 201892 
www.huddersfieldepc.co.uk