Terms and Conditions
Terms and Conditions for Quotations
1. Definitions
In these Terms and Conditions:
“Company”, “we”, “us” or “our” means Egni Energy Ltd.
“Client”, “you” or “your” means the person, company, organisation, contractor, consultant, landlord, building owner or other party requesting or accepting the quotation.
“Quotation” means the written offer issued by the Company setting out the proposed scope of services, fees, charges, exclusions and any assumptions.
“Services” means the work, consultancy, design, assessment, survey, reporting, drawing production, certification support or other professional services described in the quotation.
“Deliverables” means any drawings, reports, calculations, schedules, certificates, assessments, models, specifications, documents or other outputs produced by the Company.
“Agreement” means the accepted quotation together with these Terms and Conditions and any other written documents expressly incorporated into the quotation.
2. Basis of Quotation
2.1 All quotations are issued subject to these Terms and Conditions unless otherwise agreed in writing by the Company.
2.2 A quotation is based on the information made available to us at the time of issue. If the information provided is incomplete, inaccurate or subsequently changes, we reserve the right to amend the quotation, programme, scope or fees.
2.3 The quotation is limited to the services expressly stated within it. Any item not specifically included shall be deemed excluded.
2.4 Verbal estimates, budget costs or informal pricing discussions are provided for guidance only and shall not constitute a formal offer unless confirmed in writing by the Company.
2.5 The Client is responsible for checking that the quotation meets their requirements before acceptance.
3. Validity of Quotation
3.1 Unless stated otherwise, quotations remain valid for 30 calendar days from the date of issue.
3.2 After the validity period has expired, the Company reserves the right to withdraw, revise or re-price the quotation.
3.3 Acceptance after expiry shall only be binding where confirmed in writing by the Company.
4. Acceptance of Quotation
4.1 Acceptance may be made by email, purchase order, written instruction, signed acceptance, payment of a deposit, or any other written confirmation instructing the Company to proceed.
4.2 By accepting the quotation, the Client agrees to these Terms and Conditions in full.
4.3 Any terms or conditions included within the Client’s purchase order, standard contract, email footer or other documentation shall not apply unless expressly accepted in writing by the Company.
4.4 The Company is not obliged to commence work until acceptance has been received and any requested deposit, purchase order, appointment document or credit approval has been completed.
5. Scope of Services
5.1 The scope of services shall be as described in the quotation.
5.2 The Company shall use reasonable skill, care and diligence in carrying out the services.
5.3 Unless expressly included, the quotation does not include:
- Planning applications or planning consultancy;
- Building Control submissions or statutory application fees;
- Structural engineering design;
- Architectural design;
- Principal Designer duties;
- Principal Contractor duties;
- CDM Client duties;
- Asbestos surveys;
- Intrusive investigations;
- Opening up works;
- Specialist surveys;
- Utility applications;
- DNO applications or fees;
- SAP, SBEM, EPC or energy modelling unless specifically stated;
- Fire strategy reports unless specifically stated;
- Fire risk assessments unless specifically stated;
- Site supervision, clerk of works duties or resident engineer services;
- Witness testing or commissioning attendance unless specifically stated;
- Production of construction issue drawings unless specifically stated;
- Revisions resulting from changes by the Client, contractor, architect, statutory authority or other third party.
5.4 Any services outside the agreed scope shall be treated as a variation and charged in accordance with Clause 12.
6. Client Responsibilities
6.1 The Client shall provide all information, drawings, access, instructions and decisions reasonably required by the Company to carry out the services.
6.2 The Client shall ensure that all information provided to the Company is accurate, complete and up to date.
6.3 The Client shall provide safe and reasonable access to all relevant areas where site visits, surveys or inspections are required.
6.4 The Client shall notify the Company of any known hazards, restrictions, asbestos-containing materials, access limitations, operational constraints, security requirements or health and safety risks before attendance on site.
6.5 The Client shall be responsible for obtaining any permissions, consents, landlord approvals, tenant access, parking permits, site inductions or security clearances required for the Company to perform the services, unless expressly agreed otherwise.
6.6 Delays caused by lack of information, access, approvals, instructions or third-party responses may result in additional charges and programme extensions.
7. Site Visits, Surveys and Inspections
7.1 Site visits shall be limited to the number, duration and purpose stated in the quotation.
7.2 Unless expressly stated, surveys are visual and non-intrusive. The Company shall not be responsible for identifying concealed defects, hidden services, inaccessible areas, buried services, asbestos, structural defects or other matters that could not reasonably be identified during a visual inspection.
7.3 Any additional site visits required due to lack of access, abortive attendance, design changes, contractor queries, additional meetings or Client requests shall be chargeable.
7.4 Where access is unavailable or unsafe on arrival, the Company reserves the right to charge for abortive time and travel.
8. Fees and Charges
8.1 Fees shall be as stated in the quotation.
8.2 Unless stated otherwise, fees are exclusive of VAT, expenses, statutory fees, application fees, third-party charges and disbursements.
8.3 VAT shall be charged at the prevailing rate where applicable.
8.4 Reasonable expenses, including travel, mileage, parking, accommodation, printing, postage, specialist software costs or third-party costs, may be charged in addition where applicable.
8.5 Any additional work requested or required outside the quoted scope shall be charged as a variation.
9. Payment Terms
9.1 Subject to satisfactory credit checks and account approval, payment terms are 30 days net from the date of invoice.
9.2 The Company reserves the right to undertake credit checks before agreeing credit terms.
9.3 Where credit terms are not approved, the Company may require payment in advance, staged payments, a deposit, or payment upon completion before release of deliverables.
9.4 The Company reserves the right to issue interim invoices for staged work, ongoing consultancy, monthly services, completed milestones, partial completion, or work undertaken prior to cancellation or suspension.
9.5 Invoices must be paid in full without deduction, set-off, withholding or counterclaim unless otherwise required by law.
9.6 If the Client disputes an invoice, the Client must notify the Company in writing within 7 calendar days of the invoice date, stating the reason for dispute. Any undisputed amount remains payable by the due date.
9.7 Failure to pay invoices by the due date may result in suspension of services, withholding of deliverables, withdrawal of credit terms and recovery of additional costs.
10. Late Payment
10.1 If payment is not received by the due date, the Company reserves the right to charge interest, compensation and reasonable recovery costs in accordance with applicable late payment legislation.
10.2 The Company may suspend all current and future services until overdue sums are paid in full.
10.3 Suspension of services due to non-payment shall not relieve the Client of its obligation to pay for work completed, expenses incurred or committed costs.
10.4 The Company shall not be liable for any delay, loss, cost or consequence arising from suspension due to late payment.
11. Credit Checks and Account Status
11.1 Credit terms are granted at the sole discretion of the Company.
11.2 The Company may request company details, billing information, purchase order requirements, references or other information to support a credit account application.
11.3 The Company reserves the right to refuse, reduce, suspend or withdraw credit facilities at any time.
11.4 Where the Client’s credit status changes, payments become overdue, or there is concern regarding financial standing, the Company may require payment in advance before continuing services.
12. Variations and Additional Work
12.1 Any change to the agreed scope, deliverables, programme, design basis, site conditions, Client requirements or third-party requirements may be treated as a variation.
12.2 Variations may include, but are not limited to:
- Additional drawings, reports, calculations or revisions;
- Changes to layout, specification or design intent;
- Additional site visits or meetings;
- Additional liaison with contractors, consultants, clients, tenants, local authorities, Building Control or statutory bodies;
- Rework caused by inaccurate, incomplete or late information;
- Changes requested after deliverables have been issued;
- Work required due to unforeseen site conditions;
- Additional work arising from comments by statutory authorities, contractors or third parties.
12.3 Variations shall be charged at the rates stated in the quotation or, where no rate is stated, at the Company’s standard hourly or daily rates.
12.4 The Company may request written approval before carrying out variation work. However, where urgent or necessary to avoid delay, the Company may proceed where the Client has given verbal or email instruction.
13. Programme and Timescales
13.1 Any timescales stated in the quotation are estimates unless expressly agreed as fixed dates in writing.
13.2 The Company shall use reasonable endeavours to meet agreed timescales but shall not be liable for delay caused by matters outside its reasonable control.
13.3 Programme dates may be extended where delays arise from:
- Late information;
- Design changes;
- Lack of access;
- Late payment;
- Third-party delays;
- Statutory authority delays;
- Contractor delays;
- Client approval delays;
- Unforeseen site conditions;
- Illness, emergency or force majeure events.
13.4 Time shall not be of the essence unless expressly agreed in writing by the Company.
14. Deliverables and Use of Documents
14.1 Deliverables are prepared for the specific project, Client and purpose stated in the quotation.
14.2 The Client shall not use the deliverables for any other project, site, purpose or future phase without the written consent of the Company.
14.3 Reports, drawings, calculations and other documents may not be relied upon by third parties unless the Company has expressly agreed to such reliance in writing.
14.4 The Company shall not be responsible for any alteration, amendment, misuse or unauthorised use of deliverables by the Client, contractor or third party.
14.5 Final deliverables may be withheld until all due invoices have been paid.
15. Intellectual Property
15.1 All copyright, design rights, intellectual property rights, calculation methods, templates, drawing standards, schedules, reports, models, specifications and know-how produced or used by the Company remain the property of the Company unless expressly agreed otherwise in writing.
15.2 Upon full payment of all sums due, the Client is granted a non-exclusive licence to use the final deliverables for the project and purpose for which they were produced.
15.3 The Client shall not copy, sell, assign, transfer, reproduce or modify the Company’s deliverables for use on other projects without written consent.
15.4 The Company may retain copies of deliverables for record keeping, professional indemnity, quality assurance and portfolio purposes, subject to confidentiality obligations.
16. Design Responsibility and Contractor Responsibility
16.1 Where the Company provides design or consultancy services, responsibility is limited to the services expressly included in the quotation.
16.2 The Company is not responsible for construction workmanship, installation quality, contractor selection, contractor design portions, product substitutions, site supervision or commissioning unless expressly included in writing.
16.3 Contractors and installers remain responsible for carrying out works safely, competently, in accordance with applicable regulations, manufacturer instructions, approved drawings and good industry practice.
16.4 Any drawings, schedules or specifications produced by the Company must be checked by the contractor on site before installation. Dimensions, routes, quantities and site conditions must be verified by the contractor.
16.5 The Company is not responsible for errors caused by reliance on inaccurate surveys, record drawings, architectural drawings, third-party models or information supplied by others.
17. Statutory Compliance
17.1 The Company shall exercise reasonable skill and care in considering relevant legislation, regulations, standards and guidance applicable to the agreed services at the time the services are carried out.
17.2 The Client acknowledges that statutory requirements, regulations, standards and guidance may change over time.
17.3 Unless expressly agreed, the Company does not provide legal advice.
17.4 Approval by Building Control, planning authorities, fire authorities, insurers, landlords, network operators or other third parties is not guaranteed.
18. EPCs, Energy Assessments and Certification Services
18.1 Where the quotation includes Domestic Energy Assessments, Non-Domestic Energy Assessments, EPCs or related services, the assessment shall be based on the information available and observations made at the time of survey.
18.2 The Client shall provide accurate information relating to the building, heating systems, lighting, controls, construction, alterations, extensions, insulation, renewable technologies and any relevant documentation.
18.3 The Company shall not be responsible for reduced ratings, assumptions, defaults or limitations caused by missing evidence, inaccessible areas, lack of documentation or inability to verify construction details.
18.4 The final rating or outcome of an EPC or energy assessment cannot be guaranteed in advance.
18.5 Any post-works assessment is dependent on completion of the works, availability of evidence and the condition of the building at the time of reassessment.
19. Fire Risk Assessments and Safety-Related Services
19.1 Where the quotation includes fire risk assessments or safety-related consultancy, the assessment shall be based on the agreed scope, available information and conditions observed at the time of inspection.
19.2 Unless expressly stated, fire risk assessments are visual and non-intrusive.
19.3 The Client remains responsible for managing fire safety, implementing recommendations, maintaining records, training staff, maintaining fire precautions and complying with statutory duties.
19.4 The Company shall not be responsible for changes in building use, occupancy, management procedures, fire precautions, alterations or deterioration occurring after the assessment date.
20. Health and Safety
20.1 The Client shall ensure that sites are safe and suitable for access by the Company.
20.2 The Client shall inform the Company of all known hazards before attendance, including asbestos, fragile roofs, confined spaces, electrical hazards, contamination, unsafe structures, aggressive occupants, animals or other relevant risks.
20.3 The Company reserves the right to refuse or suspend site attendance where conditions are considered unsafe.
20.4 Abortive visits caused by unsafe access or undisclosed hazards may be chargeable.
21. Insurance
21.1 The Company shall maintain appropriate insurance cover for the nature of its business.
21.2 Details of insurance cover are available upon reasonable request.
21.3 The Company’s liability shall not exceed the limits set out in these Terms and Conditions or the level of applicable insurance cover, whichever is lower, unless otherwise required by law.
22. Limitation of Liability
22.1 Nothing in these Terms and Conditions shall limit or exclude liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any liability that cannot lawfully be limited or excluded.
22.2 Subject to Clause 22.1, the Company’s total liability arising out of or in connection with the quotation, services, deliverables or agreement shall be limited to the total fees paid by the Client for the specific services giving rise to the claim, unless a different liability cap is expressly agreed in writing.
22.3 The Company shall not be liable for:
- Loss of profit;
- Loss of business;
- Loss of opportunity;
- Loss of revenue;
- Loss of goodwill;
- Indirect or consequential losses;
- Delay damages;
- Contractor costs;
- Third-party claims;
- Losses arising from inaccurate information supplied by others;
- Losses arising from unauthorised use or amendment of deliverables.
22.4 The Client shall notify the Company promptly of any claim or potential claim.
23. Third-Party Information and Reliance
23.1 The Company may rely on information provided by the Client, contractors, consultants, manufacturers, suppliers, statutory bodies or other third parties.
23.2 The Company shall not be liable for errors, omissions, delays or losses arising from inaccurate, incomplete or misleading third-party information.
23.3 Product information, manufacturer data, performance claims and technical literature remain the responsibility of the relevant manufacturer or supplier.
24. Third-Party Fees and Specialist Services
24.1 Any third-party fees, statutory fees, specialist surveys, application fees, software fees, lodgement fees, printing fees or external consultant fees shall be charged in addition unless expressly included in the quotation.
24.2 Where the Company pays third-party costs on behalf of the Client, these may be invoiced with an administration charge.
24.3 The Company shall not be responsible for the performance, delay or failure of third-party consultants, contractors, statutory bodies or service providers.
25. Cancellation
25.1 The Client may cancel an instruction by giving written notice to the Company.
25.2 Upon cancellation, the Client shall pay for all work completed, time incurred, expenses, committed costs and third-party charges up to the date of cancellation.
25.3 Where a fixed fee has been agreed, the Company shall be entitled to invoice a fair and reasonable proportion of the fee based on the work completed or committed.
25.4 Deposits and advance payments may be non-refundable where work has commenced, resources have been allocated or costs have been incurred.
26. Suspension or Termination by the Company
26.1 The Company may suspend or terminate services if:
- Payment is overdue;
- The Client fails to provide required information or access;
- The Client becomes insolvent or appears unable to pay debts;
- The Client breaches these Terms and Conditions;
- The Company considers it unsafe, unlawful or unreasonable to continue;
- The Client requests work outside the Company’s competence, insurance or professional obligations.
26.2 The Client shall remain liable for all fees, expenses and costs incurred up to the date of suspension or termination.
27. Confidentiality
27.1 Each party shall keep confidential any commercially sensitive or confidential information received from the other party.
27.2 Confidential information may be disclosed where required by law, regulation, professional obligation, insurer requirement or court order.
27.3 The Company may refer to the project in general terms for experience, capability statements or marketing unless the Client expressly requests confidentiality in writing.
28. Data Protection
28.1 The Company shall handle personal data in accordance with applicable data protection legislation.
28.2 Personal data may be used for communication, project administration, invoicing, record keeping, certification, regulatory compliance and service delivery.
28.3 The Client shall ensure that any personal data provided to the Company has been lawfully obtained and may be lawfully shared.
29. Force Majeure
29.1 The Company shall not be liable for delay or failure to perform obligations caused by events beyond its reasonable control.
29.2 Such events may include severe weather, illness, accident, fire, flood, power failure, IT failure, cyber incident, pandemic, industrial action, supply chain disruption, statutory authority delay, transport disruption, acts of government or any other event outside the Company’s reasonable control.
30. Complaints and Disputes
30.1 Any complaint should be raised in writing as soon as reasonably possible.
30.2 The parties shall attempt to resolve disputes through good faith discussion before commencing formal proceedings.
30.3 Where appropriate, the parties may agree to mediation or another form of alternative dispute resolution.
30.4 Nothing in this clause prevents either party from taking urgent legal action where necessary.
31. Governing Law and Jurisdiction
31.1 These Terms and Conditions and any agreement arising from a quotation shall be governed by the laws of England and Wales.
31.2 The courts of England and Wales shall have jurisdiction unless otherwise agreed in writing.
32. Entire Agreement
32.1 The accepted quotation, these Terms and Conditions and any expressly incorporated documents form the entire agreement between the parties.
32.2 The Client acknowledges that it has not relied on any statement, representation, estimate or promise not expressly included in the agreement.
32.3 Any amendments to these Terms and Conditions must be agreed in writing by the Company.
33. Severability
33.1 If any clause or part of these Terms and Conditions is found to be invalid, unlawful or unenforceable, the remaining clauses shall remain in full force and effect.
34. Notices
34.1 Notices and formal communications shall be sent by email or post to the addresses provided by each party.
34.2 The Client is responsible for ensuring that the correct billing, purchase order and contact details are provided.
35. Payment Summary
Unless stated otherwise in the quotation:
- Payment terms: 30 days net from date of invoice, subject to satisfactory credit check and account approval.
- VAT: Charged where applicable.
- Validity: 30 calendar days from date of quotation.
- Variations: Chargeable in addition.
- Late payment: May result in interest, recovery costs, suspension of services and withdrawal of credit terms.
- Deliverables: May be withheld until payment is received in full.
36. Acceptance Statement
By accepting the quotation, issuing a purchase order, instructing the Company to proceed, or allowing the Company to commence services, the Client confirms that they have read, understood and accepted these Terms and Conditions..
Report Terms and Conditions
Job Reports, Fire Risk Assessments and Energy Performance Certificates
These Report Terms and Conditions apply to all job reports, survey reports, inspection reports, Fire Risk Assessments, Energy Performance Certificates, energy assessment reports, recommendations, schedules, drawings, photographs, certificates, notes, advice and other documents issued by Egni Energy Ltd.
These terms should be read together with Egni Energy Ltd’s full Terms and Conditions, which are available at:
https://egni.info/terms-and-conditions
By instructing Egni Energy Ltd to proceed, accepting a quotation, arranging a site visit, allowing a survey or assessment to take place, accepting delivery of a report, relying upon a report, or making payment, the Client confirms acceptance of these Report Terms and Conditions and Egni Energy Ltd’s website Terms and Conditions in full.
1. Definitions
In these Report Terms and Conditions:
“Company”, “we”, “us” or “our” means Egni Energy Ltd.
“Client”, “you” or “your” means the person, company, organisation, building owner, landlord, tenant, managing agent, contractor, consultant, public body or other party instructing the Company.
“Report” means any written or electronic document issued by the Company, including job reports, survey reports, inspection reports, Fire Risk Assessments, EPC reports, energy assessment outputs, schedules, photographic records, recommendations, certificates, drawings, marked-up drawings, action plans, comments or advisory notes.
“Premises” means the building, site, land, property, unit, dwelling, commercial premises, common area, workplace or other location inspected, assessed or referred to in the Report.
“Services” means the survey, inspection, assessment, consultancy, reporting, EPC assessment, Fire Risk Assessment or other work carried out by the Company.
“Responsible Person” means the person or organisation with legal responsibility for fire safety management of the premises, as applicable under relevant fire safety legislation.
2. Status of Report
2.1 The Report is prepared for the specific Client, Premises, instruction, scope and purpose stated in the quotation, appointment, email instruction or Report.
2.2 The Report is not a general warranty, guarantee, certification of full compliance, insurance approval, fire authority approval, Building Control approval, planning approval, structural report, asbestos report, electrical installation condition report, gas safety report, health and safety audit, or legal opinion unless expressly stated otherwise.
2.3 The Report reflects the condition of the Premises and the information available at the time of the survey, inspection or assessment.
2.4 The Report should not be treated as confirming that the Premises are free from defect, risk, non-compliance, hidden hazard, concealed damage, deterioration, unsafe workmanship or future liability.
2.5 The Report is based on reasonable skill, care and professional judgement within the agreed scope of services.
3. Acceptance of Report Terms
3.1 By accepting delivery of the Report, opening the Report, relying on the Report, forwarding the Report to others, making payment, instructing further work, or otherwise using the Report, the Client confirms acceptance of these Report Terms and Conditions.
3.2 These Report Terms and Conditions apply whether the Report is provided in PDF, Word, Excel, printed copy, email, online portal, certificate format, photographic schedule or any other format.
3.3 Egni Energy Ltd’s full Terms and Conditions are available on our website at:
https://egni.info/terms-and-conditions
3.4 Where there is any conflict between the Report, the quotation and Egni Energy Ltd’s general Terms and Conditions, the specific written terms stated in the quotation or Report shall take precedence, but only to the extent of that conflict.
3.5 Any terms contained within the Client’s purchase order, appointment document, supplier portal, email footer or standard terms shall not apply unless expressly agreed in writing by Egni Energy Ltd.
4. Scope and Limitations
4.1 The Report is limited to the agreed scope of services.
4.2 Unless expressly stated otherwise, inspections and surveys are visual, non-invasive and non-destructive.
4.3 The Company does not carry out opening-up works, dismantling, destructive testing, intrusive investigation, sampling, testing of concealed construction, lifting of floor finishes, removal of ceiling tiles, specialist access works, asbestos sampling, structural calculations, pressure testing, electrical testing, gas testing or commissioning checks unless expressly agreed in writing.
4.4 The Company shall not be responsible for identifying matters that are concealed, inaccessible, undocumented, hidden behind finishes, above sealed ceilings, within walls, within floors, within ducts, inside plant, within locked rooms, below ground, behind fixed equipment, or otherwise not reasonably visible at the time of inspection.
4.5 The Report may be affected by limitations including access restrictions, locked rooms, operational premises, occupied areas, poor lighting, unsafe areas, lack of drawings, lack of maintenance records, lack of certification, weather conditions, tenant restrictions, time constraints or information not provided by the Client.
4.6 Any limitations identified during the inspection may be recorded in the Report, but failure to record a limitation does not mean that no limitation existed.
5. Client Responsibilities
5.1 The Client is responsible for providing accurate, complete and up-to-date information relevant to the services.
5.2 The Client must disclose all relevant information, including known defects, previous reports, drawings, certificates, maintenance records, fire alarm records, emergency lighting records, electrical certificates, gas safety certificates, asbestos information, fire strategy documents, evacuation procedures, occupancy details, construction details, alterations, building use, tenancy arrangements and any enforcement notices or insurer requirements.
5.3 The Client must provide safe and reasonable access to all relevant parts of the Premises.
5.4 The Client must ensure that any required permissions, landlord approvals, tenant access, keys, permits, site inductions, parking arrangements and security clearances are arranged before attendance.
5.5 Where the Client fails to provide access, evidence, documentation or accurate information, the Report may contain assumptions, limitations or default values, and the Company shall not be liable for any consequences arising from such omissions.
5.6 The Client remains responsible for complying with all applicable legislation, statutory duties, landlord obligations, employer duties, fire safety duties, energy performance obligations, health and safety duties and building management responsibilities.
6. Reliance and Third-Party Use
6.1 The Report is issued for the benefit of the Client only.
6.2 No third party may rely on the Report unless Egni Energy Ltd has expressly agreed such reliance in writing.
6.3 The Client must not assign, sell, transfer, alter, reproduce, rebrand, amend or use the Report for any other premises, project, transaction or purpose without written consent from Egni Energy Ltd.
6.4 The Company accepts no liability for reliance by purchasers, tenants, contractors, designers, insurers, lenders, managing agents, local authorities, enforcing authorities or other third parties unless expressly agreed in writing.
6.5 Where the Report is forwarded to a third party, it must be forwarded in full, including all limitations, assumptions, photographs, appendices, recommendations and terms.
6.6 Extracts from the Report must not be used out of context.
7. Accuracy of Information
7.1 The Company may rely on information provided by the Client, occupiers, staff, contractors, consultants, managing agents, manufacturers, installers, maintenance providers, statutory bodies and other third parties.
7.2 The Company shall not be liable for errors, omissions, assumptions, inaccuracies or conclusions arising from inaccurate, incomplete, misleading or withheld information.
7.3 Where information is not available, the Company may make reasonable assumptions based on professional judgement and available evidence.
7.4 Any assumptions made may affect the findings, recommendations, risk ratings, EPC rating, compliance comments or conclusions.
8. Photographs and Records
8.1 Photographs may be included in the Report to illustrate specific observations, conditions or examples.
8.2 Photographs are not a full record of every area inspected or every defect present.
8.3 The absence of a photograph does not mean that an item was not inspected, and the presence of a photograph does not mean that all similar items were inspected.
8.4 The Company may retain photographs and inspection notes for record keeping, quality assurance, professional indemnity, accreditation and audit purposes.
9. Recommendations and Remedial Actions
9.1 Recommendations are based on the Company’s observations, information available and professional judgement at the time of the Report.
9.2 Recommendations are not a substitute for detailed design, contractor pricing, specialist testing, statutory approval, Building Control approval, fire authority approval, landlord approval, insurer approval or legal advice unless expressly stated.
9.3 The Client is responsible for reviewing, prioritising, funding, instructing and implementing any recommendations.
9.4 The Client should appoint suitably competent contractors or specialists to carry out remedial works.
9.5 Contractors must verify site conditions, dimensions, specifications, product suitability and statutory requirements before carrying out work.
9.6 The Company is not responsible for the quality, safety, workmanship, design decisions, product selection, certification or compliance of works carried out by others.
10. Fire Risk Assessment Specific Terms
10.1 A Fire Risk Assessment is based on the areas inspected, information provided and conditions observed at the time of the assessment.
10.2 The Fire Risk Assessment does not remove or transfer the legal duties of the Responsible Person, building owner, landlord, employer, occupier, managing agent or other duty holder.
10.3 The Responsible Person remains responsible for fire safety management, maintaining suitable fire precautions, reviewing the fire risk assessment, implementing recommendations, keeping records, training staff, maintaining escape routes, maintaining fire detection and alarm systems, maintaining emergency lighting, maintaining firefighting equipment and managing changes to the Premises.
10.4 Unless expressly agreed otherwise, the Fire Risk Assessment is visual and non-intrusive.
10.5 The Fire Risk Assessment does not include destructive inspection, fire engineering analysis, compartmentation survey, fire stopping survey, cladding assessment, external wall system assessment, structural fire protection assessment, asbestos survey, electrical condition report, fire alarm design verification, emergency lighting design verification or smoke ventilation performance testing unless expressly stated.
10.6 The Fire Risk Assessment is not a fire certificate, statutory approval, guarantee of safety, guarantee of compliance, insurer approval or confirmation that no fire risk exists.
10.7 Risk ratings and priorities are based on professional judgement at the time of inspection and may change if circumstances, occupancy, building use, management arrangements, fire precautions, maintenance standards or legislation change.
10.8 The Responsible Person should review the Fire Risk Assessment regularly and whenever there is a significant change to the Premises, occupancy, layout, building use, fire precautions, management arrangements or relevant legislation.
10.9 Where serious or urgent risks are identified, the Client remains responsible for taking immediate action to protect life safety and comply with statutory duties.
10.10 Egni Energy Ltd shall not be responsible for any failure by the Client, Responsible Person, occupier, landlord, managing agent, contractor or third party to act on the findings or recommendations of the Fire Risk Assessment.
11. EPC and Energy Assessment Specific Terms
11.1 An Energy Performance Certificate or energy assessment is based on the building, evidence and accessible information available at the time of assessment.
11.2 The final EPC rating, recommendation report and certificate outcome cannot be guaranteed in advance.
11.3 The EPC assessment may be affected by missing evidence, inaccessible areas, undocumented construction, unknown insulation, lack of commissioning information, lack of heating records, lack of lighting details, lack of renewable technology evidence or incomplete building information.
11.4 Where evidence is not available or cannot be verified, default assumptions may be required under the relevant assessment methodology, which may affect the EPC rating.
11.5 The Client is responsible for providing relevant evidence, including drawings, construction details, insulation evidence, heating system details, lighting details, control details, renewable technology information, air conditioning details, ventilation details, commissioning certificates, previous EPCs and other relevant documentation.
11.6 The Company is not responsible for a lower-than-expected EPC rating where evidence is unavailable, inaccessible, incomplete, inaccurate or cannot be verified.
11.7 EPC recommendations are generated or informed by the relevant assessment methodology and should be treated as general energy improvement measures. They do not replace detailed technical design, cost planning, planning advice, Building Control advice, heritage advice, landlord consent, grid connection advice or specialist contractor design.
11.8 For non-domestic buildings, the complexity, zoning, building use, HVAC systems, lighting, controls, ventilation, air conditioning and available evidence may affect the assessment and certificate outcome.
11.9 For domestic buildings, the age, construction, insulation, heating systems, controls, glazing, extensions, renewable technologies and documentary evidence may affect the assessment and certificate outcome.
11.10 Where a post-works EPC or reassessment is required, it can only reflect works that have been completed and can be evidenced at the time of reassessment.
11.11 The Company does not guarantee that an EPC rating will satisfy lender requirements, grant requirements, lease requirements, sale requirements, planning requirements, funding criteria, MEES requirements or any other third-party requirement unless expressly agreed in writing.
11.12 Advice relating to exemptions, enforcement, tenancy law, minimum energy efficiency standards, listed buildings or legal compliance is general in nature and does not constitute legal advice.
12. Job Report Specific Terms
12.1 Job reports are prepared to record the observations, findings, progress, attendance, advice, recommendations or comments arising from a specific visit, task or instruction.
12.2 Job reports are not exhaustive condition surveys unless expressly stated.
12.3 A job report may identify visible defects, risks, incomplete works, design queries, coordination issues, workmanship concerns or recommended actions, but it does not confirm that all other areas, systems or works are satisfactory.
12.4 Where a job report comments on contractor works, the contractor remains responsible for installation quality, compliance, testing, commissioning, certification, product selection and workmanship.
12.5 Where a job report comments on design matters, further design development, calculations, manufacturer input, statutory approval or specialist review may be required.
12.6 The Client should not rely on a job report as a substitute for formal certification, commissioning records, test results, statutory approvals or completion documentation.
13. Time Sensitivity and Changes After Inspection
13.1 The Report is valid only in relation to the conditions observed and information available at the time of inspection or assessment.
13.2 The Report may become outdated if there are changes to the Premises, building use, occupancy, layout, fire precautions, services, heating systems, lighting, controls, management arrangements, legislation, guidance, standards, ownership, tenancy or operational arrangements.
13.3 Egni Energy Ltd is not responsible for changes occurring after the date of inspection or assessment.
13.4 The Client should arrange a review or reassessment where relevant changes occur.
14. No Guarantee of Approval or Outcome
14.1 Egni Energy Ltd does not guarantee approval by Building Control, planning authorities, fire authorities, environmental health officers, housing officers, accreditation bodies, insurers, lenders, landlords, tenants, grant providers, estate agents, purchasers, network operators or other third parties.
14.2 Egni Energy Ltd does not guarantee that any recommendation will achieve a particular EPC rating, fire risk rating, compliance outcome, insurance approval, cost saving, carbon saving, grant approval or statutory approval.
14.3 Any estimated improvement, rating, cost, payback, saving or performance figure is indicative unless expressly stated otherwise.
15. Payment and Release of Reports
15.1 Payment terms are as stated in the quotation, invoice or appointment.
15.2 Unless otherwise agreed in writing, payment terms are 30 days net from the date of invoice, subject to satisfactory credit check and account approval.
15.3 Egni Energy Ltd reserves the right to request payment in advance, staged payments, payment on completion, or payment before release of the final Report where credit terms are not approved.
15.4 Draft reports, final reports, EPC lodgements, certificates, drawings, schedules or other deliverables may be withheld until payment is received in full.
15.5 Late payment may result in suspension of services, withdrawal of credit terms, interest, recovery costs and withholding of further deliverables.
16. Draft Reports
16.1 Where a draft Report is issued, it is provided for review and comment only.
16.2 A draft Report must not be relied upon as final, issued to third parties, used for statutory purposes, used for sale or letting, used for compliance evidence, or used as a final certificate.
16.3 Egni Energy Ltd reserves the right to amend draft reports before final issue.
16.4 A final Report supersedes any draft version previously issued.
17. Corrections and Queries
17.1 The Client must notify Egni Energy Ltd promptly if they believe a Report contains an error, omission or factual inaccuracy.
17.2 Any query should be raised in writing, identifying the relevant section of the Report and the reason for the query.
17.3 Egni Energy Ltd will review reasonable queries and, where appropriate, issue clarification, amendment or correction.
17.4 The Company is not obliged to amend a Report where the requested change is unsupported, outside scope, contrary to professional judgement, contrary to assessment methodology, or not evidenced.
18. Liability
18.1 Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any liability that cannot lawfully be limited or excluded.
18.2 Subject to Clause 18.1, Egni Energy Ltd’s total liability arising from or in connection with a Report shall be limited to the fee paid to Egni Energy Ltd for the specific Report giving rise to the claim, unless otherwise agreed in writing.
18.3 Egni Energy Ltd shall not be liable for indirect loss, consequential loss, loss of profit, loss of rent, loss of business, loss of opportunity, loss of goodwill, delay costs, contractor costs, enforcement costs, third-party claims, financing costs, sale delays, tenancy delays, insurance issues, grant issues or losses arising from reliance by unauthorised third parties.
18.4 Egni Energy Ltd shall not be liable for losses arising from inaccurate information, missing evidence, lack of access, concealed defects, changes after inspection, failure to implement recommendations, contractor failures, statutory authority decisions, insurer decisions or third-party actions.
19. Intellectual Property
19.1 Copyright and intellectual property rights in the Report, photographs, templates, wording, schedules, assessment notes, drawings and other deliverables remain the property of Egni Energy Ltd unless expressly agreed otherwise in writing.
19.2 Upon full payment, the Client is granted a non-exclusive licence to use the final Report for the specific Premises and purpose for which it was prepared.
19.3 The Client must not reproduce, amend, rebrand, copy, sell, publish or use the Report for other premises or projects without written consent.
20. Data Protection and Confidentiality
20.1 Egni Energy Ltd may process personal data for the purpose of providing services, arranging appointments, preparing reports, lodging certificates, invoicing, record keeping, accreditation, audit and regulatory compliance.
20.2 The Client must ensure that any personal data provided to Egni Energy Ltd has been lawfully obtained and may be lawfully shared.
20.3 Egni Energy Ltd shall take reasonable steps to keep confidential information confidential, except where disclosure is required for service delivery, accreditation, legal compliance, insurance, audit, statutory purposes or professional obligations.
21. Complaints
21.1 Any complaint relating to a Report should be submitted in writing as soon as reasonably possible.
21.2 The complaint should include the Report reference, property address, issue raised, supporting evidence and the outcome requested.
21.3 Egni Energy Ltd will review complaints reasonably and may issue clarification, correction or further explanation where appropriate.
21.4 A complaint does not remove the Client’s obligation to pay undisputed invoices by the due date.
22. Governing Law
22.1 These Report Terms and Conditions shall be governed by the laws of England and Wales.
22.2 The courts of England and Wales shall have jurisdiction unless otherwise agreed in writing.
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