Legal Information

Terms and Conditions:
1. Definitions
1.1. ‘WHE’ shall mean Whole House Energy LLP, a division of Whole House Energy LLP, its employees, subcontractors or agents.
1.2. “The client’ shall mean person(s), firm or corporate body that instructs WHE to perform the consultancy, investigation, research
report or similar.
1.3. ‘Agreed’ shall mean agreed between the client and WHE.
2. General
2.1. These conditions shall apply to all work undertaken by WHE. No additions or variations shall apply, unless agreed in writing.
2.2. WHE reserves the right to decline an order without providing a reason.
2.3. All contracts may be terminated prior to completion by providing 1 months’ notice. The client shall be responsible for all costs
accumulated up to the date of termination.
3. Quotations & Charges
3.1. All charges shall be in accordance with a quotation provided by WHE.
3.2. Quotations shall be valid for a period of 3 months, unless otherwise agreed.
3.3. WHE reserves the right to amend all quotations, due to cost fluctuations such as staff salary changes or travel expenses.
3.4. WHE reserves the right to charge additional fees for any works requested that fall outside of the agreed fees and scope of works
provided. WHE requests acceptance of any additional fees and provision of a valid purchase order prior to commencement of said
works. This includes for any revisions to works undertaken and issued previously that are required as a result of changes to
specification or design. A
3.5. The normal working day of WHE office-based staff, including consultants and assessors, is 08:30-17:30, Monday-Friday. It
should not be expected that contact be made with WHE employees outside of this timeframe.
4. Assessment and Consultancy
4.1. All consultancy and assessment work shall be undertaken by, or overseen and approved by persons accredited by relevant
bodies to undertake the scheduled works. Evidence of relevant accreditation can be obtained from the relevant
accreditation/certification bodies.
4.2. Building Regulations Part L1A and Part L2A assessment includes for assessment of dwelling emission rate (DER) or building
emission rate (BER) as determined based upon specification, drawings and details as provided by others. A number of revisions to
the calculation based on change to the specification may be included, as specified within the quotation provided. WHE does not hold
responsibility for ensuring compliance with any specified targets.
4.3. Although WHE are responsible for the PHPP ‘as modelled’ excel worksheets (PHPP) achieving Passivhaus Certification they
are not responsible for ‘as built’ dwellings or buildings achieving Certification through reaching air tightness testing levels of less than
0.6ac/h unless otherwise agreed in writing between WHE and the Client.
4.4. BREEAM and Code for Sustainable Homes (CSH) assessments include for assessment of performance only and WHE does not
hold responsibility for ensuring compliance with any specified targets.
4.5. Any assistance provided by WHE in order to meet any compliance targets does not constitute design advice: it is the
responsibility of the client, designer or design team to ensure that any advice given is practicable and in line with other stipulated
requirements and regulations.
4.6. WHE cannot and do not guarantee outputs of any renewable technology specified or identified through feasibility study nor as a
consequence the fiscal rewards achievable in practice through incentives.
4.7. Accuracy and/or correctness of results/reports issued by WHE is based upon the relevant information provided by the Client
(including members of design team) at the time of the works being carried out. The Client retains responsibility for ensuing that
information provided is up to date and accurate at all times. WHE reserves the right to charge for the amendment of reports or
calculations due to incorrect information provided by the Client at the time of any assessment.
4.8. Any ‘preliminary’ Energy Performance Certificate (EPC) issued at ‘as designed’ stage is produced based on design information
provided (as 4.7) and using the version of the EPC calculation engine at the time of the assessment, and is provided as an indicative
result only. WHE is bound by certification rules over the version of EPC calculation engine used at the time of final certification (on
project completion) and is not liable for any changes in final rating (from preliminary) which result from changes to final ‘as built’
specification or EPC calculation engine.
4.9. Changes to calculation engine for EPCs may also impact on the final results achieved for ‘as built’ stage Building Regulations
compliance. WHE shall not be liable for the impact of any such changes, however where changes to the result due only to the
change in calculation engine result in non-compliance, WHE shall provide a final Building Regulations compliance document based
on the calculation engine used at the time of the ‘as designed’ assessment as accepted by Building Control. Where changes do not
result in non-compliance, the current version of the calculation engine shall be used.
4.10. WHE utilises third party online project management software for all BREEAM assessments. Where any client requires the use
of an offline/manual process, WHE reserves the right to charge an additional fee as outlined within the quotation.
4.11. WHE issues all completed reports in pdf format via email. WHE can provide on request 1No. printed hard copy report free of
charge. If further hard copies are required, these can be supplied via an external printing firm. All costs for this service will be
forwarded to the client and agreed before releasing reports for printing.
5. Testing
5.1. All equipment shall be tested regularly in accordance with the relevant British Standards Institution, or other recognised body, to
ensure compliance.
5.2. By prior agreement, all tests may be witnessed by a representative of the client or client’s agent. WHE shall be entitled to charge
for subsequent costs incurred.
5.3. The client shall be responsible for ensuring that WHE has the correct permission to be on site to complete all necessary
testing/inspections.
5.4. The client shall ensure that the owners/occupiers have sufficient insurance to cover all liabilities arising from:
injury to WHE staff whilst onsite accidental damage to WHE’s equipment/property whilst onsite damage or injury to third party whilst
onsite.
5.5 The client will accept WHE’s judgment and decisions in ensuring the tests are conducted and reported on correctly. The client
will not attempt to influence WHE.
6. Certification of Test Data
6.1. No report or certification produced by WHE may be used for advertising or other publication without written consent from WHE.
7. Intellectual Property
7.1. Acceptance of any works relates to the procurement of final issued reports by WHE only, including Building Regulations
checklists (BRUKL), SAP Excel worksheets, SAP input summary data, EPCs or similar. Any computational modelling including
Passivhaus Planning Package (PHPP) Worksheets, testing, or supplementary calculations required to facilitate the generation of any
report remain the intellectual property of WHE. Any release of this information is entirely at the discretion of WHE and may incur
additional cost agreed by all parties at a relevant time.
8. Cancellation
8.1 Assessment and Consultancy Works
8.1.1. WHE reserves the right to invoice the client for any works which have been instructed and are subsequently cancelled where
any work has been undertaken.
8.1.2. Where any works are formally placed on hold by the client for any reason outside of the control of WHE, WHE reserves the
right to charge a fee reflective of the works undertaken to the point at which the works are placed on hold.
8.1.3. Where information required to complete works is not forthcoming after a period of 6 weeks from first request and WHE are
unable to continue to progress any assessment or consultancy works, WHE reserves the right to formally place the works on hold, at
which point item 8.1.2 becomes valid.
8.1.4. WHE shall require a formal confirmation in writing that any works previously placed on hold are to recommence. WHE
reserves the right to amend any previous quotations and agreed timescales at this point.
8.1.5. Should it become apparent that any form of assessment of a project will not meet any previously determined targets upon
completion of construction works, WHE shall advise at the earliest opportunity and shall invoice for the full value of any stage of
assessment for which WHE is currently engaged.
9. External certification/accreditation fees
9.1. All certification fees stated within any quote are correct as of the date of quotation and are subject to change by relevant
certification bodies. Any changes to certification/ accreditation fees shall be passed onto the client with no uplift at the point of
invoicing.
10. Confidentiality
10.1. WHE shall treat all information obtained from the client, tests and investigations as confidential; no such information shall be
disclosed to a third party without prior approval from the client.
11. Limitations of Liability
11.1. WHE shall exercise due care, reasonable skill and diligence in order to complete all work, producing reports and providing
guidance. However, WHE shall not be liable for any loss of earnings or damage, whether direct or indirect, arising from the use of
reports, certificates, information or advice issued by WHE.
11.2. WHE shall not be liable for loss, expense or damage incurred by the client, resulting from a delay in completing the test,
investigation or consultancy.
12. Payment
12.1. Code for Sustainable Homes payment terms are as follows:
WHE will invoice 50% of the Design Stage Assessment following the first request for information relating to this stage, with the
balance plus costs being charged at Design Certification Stage. The same principle will be applied for the Post Construction Stage
Assessment.
12.2. SAPs and EPCs are an inclusive fee and will be invoiced in full at ‘as designed SAP completion’
12.3. All other services invoiced on completion/first issue of respective report. This includes SAP assessments with 100% invoiced at
design stage.
12.4. BREEAM Assessment payment terms are as follows:
100% of Pre-Assessment fee upon issue of respective report
50% of Design & Procurement Stage fee upon issue of 1st D&P Stage RFI to the design team
Balance of Design & Procurement Stage fee plus certification fees at submission to BRE
50% of Post Construction Review fee upon issue of 1st PCR Stage RFI to the design team
Balance of Post Construction Review Stage fee plus certification fees at submission to BRE
12.5. Passivhaus design payment terms are as follows:
WHE will invoice in 4 stages: Pre-planning design; Detailed Design; Onsite Construction; Handover. There may be more than one
invoice per stage if any stage exceeds 3 months.
12.6. Payment shall be made by the client within 28 days of an invoice being submitted.
12.7. WHE reserves the right to submit various regular progress claims.
12.8. All payments shall be paid without deduction; in the event of a query, the invoice shall be paid in full less the queried amount
following client/WHE agreement.
12.9. WHE shall be entitled to charge interest at 2%

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