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Terms & Conditions

Agent Greens Terms & Conditions

By placing an order with Agent Green, you are accepting our terms and conditions. Your existing statutory rights are not affected by these conditions. Terms & Conditions updated June 2016. These Terms and Conditions (‘the Terms’) govern your relationship with Agent Green. 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 Services accepted by us will be subject to the following Terms which will form part of and will govern the contract of service. No variation of these Terms will be accepted unless agreed in writing by an authorised person of Agent Green. We will not accept the inclusion of any alternative Terms by you which conflict with, alter or add to these Terms. 1. Definitions 1.1 ‘Contract’ means any contract between you and us for the purchase of Services, incorporating these terms. 1.2 ‘Services’ means service provided by us to you. 1.3 ‘Normal Working Hours’ means 9am to 6pm Monday to Friday. 1.4 ‘Order’ means an order for a Service made by you in accordance with these Terms. 1.5 ‘Confirm Order’ means our written acceptance of your Order. 1.6 ‘Next Day’ means your certificate will be produced next working day. 1.7 ‘Working Day’ means Monday to Friday, excluding Bank or other Public holidays. 1.8 ‘Fixed Fee’ means a set price given to the service offered 2. Orders 2.1 When you place an Order for a Service, this will be regarded as an offer by you to purchase the Service subject to these 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: (a) all details you provide to us for the purpose of purchasing the Services are correct, and (b) 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 Services you order from us. 3. Prices and Payments 3.1 All products and services we offer for Domestic property will not be charged VAT. We reserve the right to charge VAT at the prevailing rate for products and services for Commercial property. 3.2 Services are invoiced at the price prevailing at the time of your Order. 3.3 We reserve the right to vary our prices from time to time. 3.4 We will not supply Goods or Services to you until payment has been received in full, unless there has been prior agreement. 3.5 Payment for services can only be made Debit or Credit .Card payments can only be taken prior to us visiting your property and not on the day of which the service is carried out. 3.6 We accept all major credit cards and debit cards. 4. Our Fixed Fee  4.1 Our standard fee to visit your property and conduct our survey which facilitates our Product or Service is £52.50 4.2 For Domestic property with greater than 4 bedrooms we will quote a high fee which we will confirm prior to acceptance of your Order. 4.3 If an Assessor attends your property at the agreed appointment time and you decide not to go ahead with the survey then the standard Fixed Fee will still apply. 5. Time allocation for jobs; We allocate 1 hour time slots from Monday to Friday for your visit, and these are supplied on a first come, first served basis. Your Assessor 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. 6. Missed Appointments If you are unable to keep a service appointment please contact us to re-book the appointment on 0800 862 0022 as soon as possible. Cancellations made less than 24 Hours before the appointment is due (or 5.00pm on the Friday before a Monday visit) will incur an administrative charge of £25.00. Please note that all terms in this contract apply to any third party you instruct to be at a premises on your behalf e.g. if you have a tenant that will be giving us access to the property the same terms apply. 7. Termination of Contract 7.1 Agent Green reserves the right to terminate the project at any time. 7.2 Agent Green will not tolerate aggressive behaviour, rude behaviour, racism, nationalism, sexism, homophobia or ageism directed towards any of its staff or Assessors. 8. Your Right to Cancel 8.1 You are entitled to cancel your Order for any reason until, but no later than 24hrs before an assessor is due to visit your property. 8.2 You should cancel services from us by sending a written notice of cancellation by post or hand delivery addressed to Customer Services at Agent Green, 43 East Street, Bromley, Kent, BR1 1QQ or by e-mail to support@agentgreen.co.uk. 8.3 When you cancel an Order, we will refund the price paid, within a period of 30 days from the date of cancellation. 9. Provision of Services 9.1 If you purchase Services from us, then we shall use our skill and expertise to carry out the Services to a standard equivalent to that of a competent professional. We cannot be held responsible for any fault or damage not caused by our Assessors. In the event of a claim arising relating to the level of skill and judgement applied in the course of providing Services, we reserve at our sole discretion the right to appoint an independent expert in the field to appraise the work carried out in the execution of the Service(s). 9.2 We accept no liability for equipment installed or configured by us when the equipment has subsequently been altered or configured by persons other than ourselves or our agents. Except as set out here, all other express or implied terms or warranties relating to the Services are excluded to the fullest extent permitted by law. 10. Force Majeure 10.1 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 Goods or Services, 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. 10.2 If we are unable to provide you with the services 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 Order in which case we will return any prepayments that you have made in full. 11. Errors and Omissions 11.1 We make every effort to ensure that all prices and descriptions quoted in our catalogue and on our website are correct and accurate. In the case of a manifest error or omission, we will be entitled to rescind the contract, notwithstanding that we may already have accepted your Order and/or received payment from you. Our liability in that event will be limited to the return of any money that you have paid in respect of the Order. In the case of a manifest error in relation to price, you will be entitled to purchase the Goods or Services by paying the difference between the quoted price and the correct price, as confirmed in writing by us after the manifest error has been discovered. A ‘manifest error’, as the term is used in this paragraph, means, in relation to an incorrect price, a price quoted in error by us which is more than 10% less than the price that would have been quoted had the mistake not been made. 12. Data Protection 12.1 Agent Green’s website employs the SSL (Secure Socket Layer) encryption standard in all secure areas, including login pages, customer information and payment details. Provided that you are using an SSL - compliant browser such as Netscape’s Navigator, Microsoft’s Internet Explorer, Opera or Firefox, you will be able to conduct encrypted transactions without fear of an intermediary obtaining your credit card information. 12.2 Data Protection & Data Security Data is maintained under the provisions of the Data Protection Act (1998) 12.3 Information Automatically Logged we may use your IP (Internet Protocol) address to help diagnose problems with our server and to administer our website. Your IP address is also used to help gather broad demographic information. A disk-based cookie (non session) is used for identification. 12.4 Registration and data sharing our site registration and Order form requires you to give us contact information (such as name, email, and postal address), unique identifiers (such as username and password), demographic information (such as postcode), and financial information (such as account reference and transaction values). This data is securely stored for use in all our marketing communications and analysis databases. 12.5 Agent Green may share your information with any member of our group, which means our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985. 14.6 Agent Green may share your information with selected 3rd parties to let you know about goods or services which may be of interest to you. Please contact us if you wish to opt-out of receiving such information. 12.7 You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. 12.8 Please note that we may record and monitors inbound and outbound calls and electronic traffic for training purposes. 13. General Terms of Business 13.1 Nothing in these Terms affects your statutory rights as a consumer. 15.2 Any variation of this Agreement must be in writing and signed by a duly authorised Agent Green official 13.3 You must not transfer any contract made with us under these Terms, as it is personal to you, without written authority from us. This authority will not be refused without good reason. 13.4 If any part of these 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. 13.5 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. 13.6 You confirm that, in agreeing to accept the Terms, you have not relied on any representation save insofar as the same has expressly been made a part of these Terms and you agree that you shall have no remedy in respect of any representation. Nothing in these Terms shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a part of the Terms. 13.7 These Terms shall be governed by the relevant laws of the United Kingdom and construed in accordance with the relevant laws of the United Kingdom and you irrevocably submit to the exclusive jurisdiction of the relevant courts of the United Kingdom. 13.8 If you have any complaints with the Goods or Services provided by us please contact Customer Services by post or hand delivery addressed to Customer Services at Agent Green, 43 East Street, Bromley, Kent, BR1 1QQ or by e-mail to support@agentgreen.co.uk