Terms and Conditions

These terms and conditions should be read in conjunction with the terms of use of the website which shall also apply.
Interpretation

In these terms and conditions (these “Terms”) the following expressions shall be given the following meanings (unless the context otherwise requires):-
“Charges” means the charges for the Services shown on the Website and Order Confirmation payable by the Client in accordance with the provisions of Clause 5 hereof;
“Client” means you, being the person stated in the Order Confirmation;
“Consultants” means independent consultants and/or associates engaged by National Energy Rating for the performance of Services;
“Contract” means the contract for the provision of the Services;
“Employees” means National Energy Rating employees, agents and substitutes where appropriate;
“Facilities” means any appropriate facilities at the Property which include without limitation access to all parts of the Property and/or other relevant materials required by Wasteworks to perform the Services in accordance with the Contract;
“Order Confirmation” means the order confirmation from sent by National Energy Rating to the Client by e-mail following acceptance of the Client’s order containing various details relating to the Client and the Services;
“Property” means any Property stated in the Order at which the Services are to be performed (whether in whole or in part);
“Services” means the services details of which are set out on the Website relating to domestic energy assessment and subject to fulfilment of relevant criteria, the provision of energy performance certificates;
“Website” means www.nationalenergyrating.co.uk ;
“Writing” includes email, facsimile transmission and other comparable means of communication.

The headings in these Terms are for convenience only and shall not affect their interpretation.

Conditions of Sale
These Terms shall govern the sale and purchase of the Services between National Energy Rating and the Client. Any changes or addition to these Terms or those details must be agreed in Writing between the Client and National Energy Rating.

The order placed by the Client is an offer to purchase the Services from National Energy Rating. The Services will be made available to the Client once the Client’s payment has been authorised. There will be no contract of any kind between the Client and National Energy Rating unless and until the Client makes authorised payment for the Services. At any point up until then, National Energy Rating may decline to supply the Services to the Client without giving any reason.

The Contract is subject to the Client’s right of cancellation (see clause 3 below).
National Energy Rating may change these Terms without notice to the Client in relation to the provision of future services.

Right of Cancellation
Subject always to the following provisions of this clause 3, the Client has the right to cancel the Contract at any time up to the end of 7 working days after the day on which the Contract is concluded. A working day is any day other than weekends and bank or other public holidays in England and Wales.

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, THE CLIENT DOES NOT HAVE THE RIGHT TO CANCEL THE CONTRACT IF THE SUPPLY OF THE SERVICES BEGINS WITH THE CLIENT’S AGREEMENT BEFORE THE END OF THE 7 WORKING DAY CANCELLATION PERIOD.

To exercise the right of cancellation, the Client must give written notice to National Energy Rating by hand or post, fax or e-mail at National Energy Rating address, fax number of e-mail address shown on the order form.

Website and Order Confirmation.
Once the Client has notified National Energy Rating that the Client is cancelling the Contract, provided that clause 3.2 does not apply, National Energy Rating shall within 30 days refund or re-credit to the Client any sum that has been paid by the Client or debited from the Client’s credit card for the Services.

Supply of the Services
Details of the Services are set out on the Website and Order Confirmation. Further information about the Services is set out in National Energy Rating current catalogue at the time the Client’s order is placed.

It is the Client’s responsibility to provide National Energy Rating, in sufficient time, with any information and instructions relating to the Services that is or are necessary to enable National Energy Rating to provide the Services in accordance with the Contract including but without limitation, the Client shall make available to National Energy Rating and/or the Consultants and/or the Employees all Facilities within sufficient time to enable National Energy Rating to provide the Services in accordance with these terms.

If the Client fails to do so, or provides National Energy Rating with incomplete, incorrect or inaccurate information or instructions, National Energy Rating reserves the right to cancel the Contract by giving written notice to the Client or make an additional charge of a reasonable sum to cover any extra work that is required.

If the Services requested by the Client are not available for any reason beyond National Energy Rating reasonable control, National Energy Rating will promptly notify the Client in Writing or by e-mail and endeavour to provide an alternative service which is reasonably acceptable to the Client, but if it is not able to do so National Energy Rating shall be entitled to cancel the order or (if the order has been accepted by National Energy Rating), cancel the Contract, in which case National Energy Rating will promptly notify the Client in writing or by e-mail and refund or re-credit to the Client any sum that has been paid by the Client or debited from the Client’s credit card for the Services.

The Services are supplied only for domestic and private use, the Client agrees not to use the Services for any commercial purpose.

The Client acknowledges and agrees that National Energy Rating shall be entitled to:-
use the services of the Employees and/or the Consultants in the performance of the Services; and
make any changes to the Services (at any time without notifying the Client) which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Services;
exercise control as to the method of the performance of the Services; and
use such facilities as National Energy Rating and/or the Consultants deem necessary to carry out the performance of the Services.

Charges
The Charges for the Services are shown on the Website and are inclusive of any applicable value added tax.
The full sum is payable by the Client at the time of placing the order. If the payment is not made within the required time, National Energy Rating reserves the right to cancel the order. If the Client cancels the Contract otherwise than as permitted under clause 6, National Energy Rating shall be entitled to forfeit any sums paid by the Client. The Client’s credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing the order.

Payment of the Charges can be made by any method shown in National Energy Rating current catalogue or shown on the Website at the time the Client places the order for the Services.

If payment is not made on the due date, National Energy Rating shall without prejudice to any other right or remedy available to it, be entitled to charge interest on the unpaid balance of the charges at 2% per month.

Termination
The Contract will commence on the date specified on the Order Confirmation and subject to clause 4.4 the Services shall be performed on the date specified on the Order Confirmation subject to payment of National Energy Rating standard charges at the time, as notified in writing to the Client.

Either party may, without limiting any other right, terminate the Contract by giving written notice to the other party if (i) the other party breaches any provision of this Agreement and fails to remedy the breach within 7 days after receipt of a notice giving details of the breach and requiring it to be remedied; or (ii) the other party becomes bankrupt, goes into liquidation or administration, makes any arrangement or composition with his or its creditors, or a receiver or administrative receiver is appointed over any of the assets of the other party.

A delay by either party in acting on a breach of this Agreement will not be regarded as a waiver of the breach. If either party waives a breach of the Contract by the other, the waiver is limited to the particular breach.
Termination of the Contract will not affect either party’s outstanding rights or duties, including National Energy Rating right to recover any money owing to it under these Terms.

Warranty and Liability
National Energy Rating warrants to the Client that the Services will be provided using reasonable care and skill and, unless National Energy Rating is prevented by circumstances beyond its reasonable control.

National Energy Rating shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any information or instructions supplied by and/or on behalf of the Client which is or are incomplete, incorrect or inaccurate.

National Energy Rating shall not be liable to the Client for any unforeseeable loss or damages arising from the provision (or non-provision) of the Services, including loss of profit or consequential loss or damage.

National Energy Rating shall not be liable to the Client by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Services, if the delay or failure was due to an act of God, war, terrorism, power failure, or any other cause beyond National Energy Rating reasonable control.

To enable National Energy Rating to deal with any complaint that may arise relating to the Services, the Client must provide full details of any complaint within 7 days of the supply of the relevant Services.

Nothing in these Terms affects any liability for death or personal injury caused by National Energy Rating negligence or for fraudulent misrepresentation, or the Client’s statutory rights as a consumer.

Data protection
National Energy Rating will only use any personal information provided by the Client for the purpose of providing the Services, or for informing the Client of the availability of similar services, unless the Client agrees otherwise.

The Client can correct any information, or ask for information about the Client to be deleted, by giving written notice to National Energy Rating at the address, fax number or email address shown on the Order Confirmation.

Copyright etc.
The copyright, design right and all other intellectual property rights in any materials and other documents or items prepared or produced for the Client by or on behalf of National Energy Rating in connection with the Contract shall belong to National Energy Rating absolutely and any such materials, documents or items shall be or remain the sole property of National Energy Rating.

The Client shall be entitled to use any such materials, documents or other items as are referred to in clause 9.1 in connection with the Services but shall not be entitled to copy any such items or use them for any commercial purpose.

General
The Company may assign or sub-contract the Contract if this is necessary for operational reasons or in connection with a business transfer or reorganisation. Otherwise, the Contract is not transferable by either party.
Nothing in the Contract gives any right to any third party to enforce any provision under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These Terms and the Contract will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the Contract.