DEFINITIONS

“Agreement” means the agreement between you and us which comprises these Terms and Conditions and the Written Proposal.

“Project” means the project and associated address relating to the Written Proposal.

“We”, “our” or “us” means Thermee Ltd whose registered office is at 4 Crystal Close, Derby, United Kingdom.

“You”, “your” or “the Client” means any person, company, partnership, organisation or entity who purchases or receives services from us.

“Services” means the energy consultancy, overheating consultancy, assessment, modelling, advisory, reporting and related professional services to be provided by us as set out in the Written Proposal.

“Written Proposal” means the quotation, proposal, fee agreement, order confirmation or other written document supplied by us setting out the scope of the Services and accepted by you, whether by signature, email confirmation, purchase order or instruction to proceed.

1.1 Where a conflict exists between these Terms and Conditions and the Written Proposal, the Written Proposal shall prevail.

3.4 We shall exercise reasonable skill and care in carrying out our Services and in preparing any assessments, calculations, reports, modelling outputs and recommendations. Any advice provided is based upon information available at the time of assessment and is subject to the assumptions and limitations identified within our reports.

3.11 We provide consultancy, assessment and advisory services relating to building energy performance, overheating risk and associated regulatory compliance. Unless expressly stated in the Written Proposal, we do not provide architectural, structural, mechanical, electrical or detailed design services and accept no responsibility for the preparation, implementation or performance of any such designs.

3.12 Reliance on Information Provided

We shall be entitled to rely upon drawings, specifications, survey information, occupancy assumptions, modelling inputs and other information supplied by you or by third parties on your behalf. We shall not be liable for any inaccuracies, omissions or errors in our assessments, calculations, reports or recommendations arising from incomplete, inaccurate or outdated information provided to us.

3.13 Reports and Recommendations

Any reports, assessments, calculations, advice or recommendations produced by us are based on the information available at the time the Services are performed and represent our professional opinion only. Compliance with any recommendation does not guarantee planning approval, building control approval, regulatory acceptance, energy performance outcomes or operational performance.

6.3 Upon payment of all fees due to us we shall grant to you an irrevocable, royalty-free, non-exclusive licence (such licence to remain in full force and effect notwithstanding completion of the Services) to use and reproduce all Documents for their intended purpose in connection with the Project. The licence allows you to use but not reproduce the Documents in relation to any extension or variation of the Project without our prior written consent.

8.3 Either party may terminate this Agreement if the other party is in material and persistent breach of their obligations under this Agreement and fails to remedy the same after receiving a written 14-day notice specifying the breach and requiring its remedy. The terminating party shall be entitled by written notice to immediately terminate this Agreement in connection with the Project.

9.2 No action or proceedings for any breach of this Agreement shall be commenced against us after the expiry of six years from the earlier of completion of the Project and the last date on which we perform the Services.

9.6 Any reports, assessments, calculations, advice or recommendations produced by us are prepared solely for the purposes identified within the Written Proposal and for the benefit of the Client. No responsibility is accepted to any third party unless expressly agreed by us in writing.

11.1 Collateral Warranties

Unless expressly agreed in writing within the Written Proposal, Thermee Ltd shall have no obligation to provide collateral warranties to any third party. Where collateral warranties are requested after appointment, we reserve the right to charge an additional fee for their preparation, review and execution.