By placing an order with LS Property Certificates you are accepting our terms and conditions. Your existing statutory rights are not affected by these conditions.
These Terms and Conditions (‘the Terms’) govern your relationship with LS Property Certificates ( ’we’ or ‘us’ or ‘our’). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these terms, please do not place an Order for a Service with us.
All Orders for a Service accepted by us will be subject to the Terms which will form part of and will govern the contract of a Service. No variation of the Terms will be accepted unless agreed in writing by an authorised person of LS Property Certificates. We will not accept the inclusion of any alternative terms by you which conflict with, alter or add to the Terms.
1.1 ‘Contract’ means any contract between you and us for the purchase of a Service incorporating the Terms.
1.2 ‘EPC’ means Energy Performance Certificate
1.3 ‘Fixed Fee’ means the set price given by us to you for the Service you Order.
1.4 ‘Order’ means an order for a Service made by you in accordance with the Terms.
1.5 ‘Order Confirmation’ means our written acceptance of your Order.
1.6 ‘The Property’ means the address on the Order for which the Service is required.
1.7 ‘Service’ means such of the following as you Order from us: (i) an inspection(‘the Inspection’) undertaken by us for you for the purpose of gas safety only to comply with the Gas Safety (Installations & Use) Regulations of the Property and the provision of a Landlord/Homeowner Gas Safety record following the inspection (Gas Service’).
(ii) an inspection (‘the Inspection’) undertaken by us for you for the purpose of an Energy Performance Assessment of the Property and the provision of an EPC within seven days following the inspection (‘EPC service’).
2.1 When you place an Order for a Service, this will be regarded as an offer by you to purchase a Service subject to the Terms and we shall not be obliged to accept your offer at our discretion.
2.2 We will send you an Order Acknowledgement on receipt of your Order. This is not an order confirmation or order acceptance by us.
2.3 We will accept your offer and create a Contract with you by sending to you an Order Confirmation once we have confirmed availability of the Service you have requested.
2.4 The Order Confirmation will be binding on you unless there is an inadvertent discrepancy between the Service that you ordered and those detailed in the Order Confirmation. You should notify us as soon as you become aware of any such discrepancy.
2.5 When you place an Order, you are undertaking to us that:
(i) all details you provide to us for the purpose of purchasing the Service are correct, and
(ii) the credit or debit card you use to make a purchase from us is your own card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any Service you order from us.
- Prices and Payments
3.1 All prices include any VAT.
3.2 A Service is invoiced at the Fixed Fee prevailing at the time of your Order. This is not an Order confirmation or Order acceptance by us.
3.3 We reserve the right to vary our Fixed fee from time to time.
3.4 Payment in full of the Fixed fee must be made by you to us:
(i) Immediately upon us completing the Inspection where you are the Landlord/Homeowner of the Property
In all other cases:
(ii) upon terms agreed with you in writing by an authorized person of us and prior to Order Confirmation.
- Time allocation for jobs
We allocate 2 hour time slots from Monday to Friday for the Inspection, and these are supplied on a first come, first served basis. Our engineer can arrive any time between the start of your slot and the end of your slot. Sometimes it may be necessary to re-schedule an appointment due to factors beyond our control. If it is necessary to do this, we will attempt to contact you to try and re-schedule another appointment as soon as possible at a mutually convenient time.
- Missed Appointments
If you are unable to keep the Inspection appointment please contact us to re-book the appointment as soon as possible. Cancellations made less than 24 Hours before the appointment is due will incur you in an administrative charge of £30.00.
Where we attend and cannot gain access to the Property you will incur a £30.00 per administrative charge.
Please note that these terms further apply in the event that you instruct any third party to be at the Property on your behalf e.g. if you have a tenant that will be giving us access to the Property.
- Termination of Contract
6.1 We reserve the right to terminate the Contract at any time.
Nothing in this clause 7 shall exclude or restrict our liability to you for fraud or willful damage by us or for death or personal injury caused by our negligence, and clauses 7.1 and 7.2 are subject there to;
7.1 We shall not be liable to you for any loss of profit or any indirect or consequential loss or damage which may be suffered by you in connection with the Contract.
7.2 In any event our liability to you for any loss or damage which may be suffered by you in connection with the Contract shall be no more in total than the Fixed Fee.
- Force Majeure
8.1 We shall not be liable to you or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of our obligations in respect of the Service, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control: act of God, explosion, flood, tempest, fire or accident; war, threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving our employees or of a third party); difficulty in obtaining materials, labour or machinery; and power failure or breakdown in machinery.
8.2 If we are unable to provide you with the Service within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the Service to take place or either of us may decide to terminate the Contract in which case we will return any prepayments that you have made in full.
- General Terms of Business
9.1 Nothing in the Terms affects your statutory rights as a consumer.
9.2 You must not transfer the Contract as it is personal to you, without written authority from us.
9.3 If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
9.4 No waiver of any of the provisions of this Contract shall be effective unless it is expressly stated to be such and signed by all parties to the Contract.
9.5 You confirm that, in agreeing to accept the Terms, you have not relied on any representation save insofar as the same has expressly in writing been made a part of the Terms and you agree that you shall have no remedy in respect of any representation.
9.6 The Terms shall be governed by the relevant laws of England and Wales and the parties submit to the jurisdiction of the courts of England and Wales.
9.7 If you have any complaints with the Services provided by us please contact Customer Services by post or hand delivery addressed to Customer Services at LS Property Certificates or by e-mail firstname.lastname@example.org