Ashby Energy Assessors Ltd 
General Terms and Conditions

1. Ashby Energy Assessors Ltd agrees to provide the Client with the documents as detailed in the quotation, in compliance with the terms and conditions described herein.
2. The conditions of payment are 100% within 28 days of date of invoice, and in all cases prior to issue of any documentation.
3. The commencement of any assessments will not be scheduled until all up to date and relevant plans are received.
4. If the development size and shape was to change during the assessments, the total fee would be revised to reflect these changes. The standard rate (to include VAT), hourly fee (or part thereof) or otherwise as agreed upon in writing between the Client and Ashby Energy Assessors Ltd. Any assumptions will be stated on the enclosed literature and final reports.
5. Modification, additional information gathering, and revision of the calculation by Ashby Energy due to repetitive submissions by the client or modified packs of information or changes in requirements are subject to an additional hourly fee as agreed upon in writing between the Client and Ashby Energy Assessors Ltd.
6. Any Part 0 changes will require a new model, occurring an additional cost.
7. Any errors, omissions or deficiencies in the approved software are expressly omitted from our liability.
8. U Value calculations are provided to verify thermal properties only and are not to be used for structural or condensation assessments.
9. In accordance with the “Late Payment of Commercial Debt Regulations 2002” which came into force on the 7th of August 2002 in the United Kingdom followed by the “Late Payment of Commercial Debts (Amendment) Regulations 2018” which came into force on the 26th February 2018, Ashby Energy Assessors reserves the right to charge the Client for compensation arising out of late payment and the relevant reference rate plus the statutory rate of interest on commercial debts, to be added to any sum(s) outstanding. The rate of interest will be notified on the issued invoice.
10. Ashby Energy Assessors Ltd agrees to maintain Professional Indemnity Insurance for £1,000,000 in accordance with our Accreditation Scheme.
11. If a building fails to satisfy The Private Rented Property minimum standard (for existing buildings) or fails to achieve the required Building Regulations target carbon emissions (for new buildings), we will interpret the results from the relevant software model reports and give advice on how the results can be improved. This advice is based on the reports from the software models and is given as guidance only. We recommend that you seek professional advice for any guidance provided by us to ensure it is appropriate. We will not be held responsible for any work carried out based on our advice which is not appropriate for the building in question.
12. No action or proceedings related to this Agreement shall be undertaken against Ashby Energy Assessors Ltd after five years from completion of the calculations and/or other related services; whether in contract or in tort, for breach of statutory duty, for negligence, or otherwise.
13. This Agreement may not be assigned nor transferred neither in full nor in part by any of the parties to any third person, to the exception of the affiliated companies of each Party as applicable. This agreement shall be construed in accordance with and governed by the laws of England and Wales and submit to the jurisdiction of the Courts of England and Wales in the event of any dispute.
14. All documentation will be delivered as a PDF document via e-mail, unless a hard copy has been specifically requested (a nominal fee will be charged for this). Full payment must be received before test reports can be sent out. It must be noted Building Regulations require the pass certificate to be presented to the Building Control Body within 7 days from test date.
15. All SAP/SBEM/EPC documentation will be kept on file for a minimum of 10 years.
16. Ashby Energy Ltd undertakes to hold all information pertaining to the client, their property and tenant(s) in accordance with the General Data Protection Regulations (GDPR) – see our Data Protection Privacy Notice.
17. Ashby Energy will use reasonable endeavours to ensure that the information contained within any report is accurate and impartial at the date of its publication. You accept, however, that information on which any report is based may be subject to change from the date of its publication and we cannot be held liable for failing to include or omit any information in the report which becomes available after the date of publication.
18. Cancellation – Should you wish to cancel or re-schedule an Order, you agree to give us as much notice as is reasonably practicable. However, you will not be entitled to obtain a refund of the Service Fee if you cancel on or after the Confirmation of Order.
19. Site visit charges will apply where access is unavailable or denied on confirmed bookings.
20. Complaints – If you want to make a complaint, we will deal with it speedily and fairly. We will acknowledge the complaint within 5 working days of receipt and try to resolve your complaint in full and you will receive a response at the very latest within 8 weeks.
21. It is the responsibility of the client to ensure that the site conditions required for site testing are in place. If a test cannot take place due to site conditions being deemed inappropriate by the test engineer on the test date; then the full payment fee plus VAT will be lost and a new site fee will be needed to book a new test date. Please note:- Due to high winds testing is not always possible. We cannot be held liable if wind conditions are too strong to test. When this happens, you will be informed the morning of your test date. A new test date can be arranged.
22. To comply with the requirements of building regulations, there are specific requirements for the number of tests to be carried. It is strongly recommended that the number of required tests is agreed with the Building Control Body before commencement of tests on site.
23. Calibration certificates for the measuring equipment are available for inspection.
24. All test personnel will provide their own safety equipment and will comply with all site safety requirements. Ashby Energy requires that you provide its engineers, whilst on your sites, with any instruction, equipment or any other item required under health and safety at work legislation, as if they were your own employees.
25. Air test certificates will be kept on file for a minimum of 5 years.
26. In the event a site member or employee is responsible for damaging any test equipment whilst on site, the site management or contractor is responsible and liable for any cost to replace or repair the damaged equipment belonging to Ashby Energy Assessors.

Document Version: 20/08/20 V4