Terms of Business
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These Terms iof Business apply where Metro Commercial Ltd operates and provides services to a client.
1.0 Metro Commercial Ltd
1.1 Metro Commercial (including Metro Commercial (Property Services), or Metro Commercial (Energy In Buildings) means Metro Commercial Ltd. Registered in Scotland No. SC347778. The registered office is 272 Bath Street, Glasgow, G2 4JR.
1.2 Your point of contact at Metro Commercial Ltd is Ewan Paterson, who can be reached on 0141 280 8008 or
1.3 Metro Commercial Ltd will be referred to as MCL in the terms below.
2.0 Important Terms
2.1 Payment terms are 30 days or as otherwise stated, and prompt payment is appreciated. The client agrees to pay MCL’s fees, and any other relevant remuneration under this Agreement shall survive the termination of this Agreement.
2.2 Preferred payment is by BACS or online credit card; however, a cheque is accepted.
2.3 At the sole discretion of MCL, any cancellation, delay, or other default of any such payment shall incur interest at 6% per week above the official Bank of England target rate.
2.4 The client undertakes not to withhold payment to MCL arising on any grounds, including any dispute between the client and MCL or any other party. If there is a dispute about the provision of services provided, the hourly rate for Metro Commercial Ltd is agreed at £75 per hour plus VAT if MCL is registered at that time.
3.0 Use of photograph and building model images
3.1 MCL frequently uses building and model images obtained when carrying out the EPC within materials for case studies or general marketing material. It is understood that building photographs or model images may be used for these purposes. Should you want to restrict this use then please advise by email.
4.0 Definitions
4.1 The agreement shall mean the contracted engagement by the client of the services offered by MCL. As MCL indicates, the certification scheme shall mean RICS, Elmhurst Energy, or otherwise.
4.2 Client shall mean the company, person or managing agents engaging Metro Commercial Ltd to provide services either on their behalf or on behalf of an identified third party subject to these business terms.
4.3 The engagement shall mean the request of the Client, on its behalf of any Third-party, made to Metro Commercial Ltd as defined herein and subject to acceptance by the Client of these terms of business. Such acceptance shall be considered so confirmed by any request, query, or any other correspondence to MCL from the client, or any relevant Third Party detailed by the Client, about any service following receipt of a notice in writing.
4.4 EPC shall mean an Energy Performance Certificate produced by a person legally identified as able to do this service. Fees shall mean the professional fees of MCL as detailed in writing.
4.5 Parties mean the client and MCL or employee. Property shall mean the building for which the EPC is produced. Third Party shall mean any person or managing agent made party to the engagement of MCL by the Client as detailed and including but not limited to an estate agent, solicitor, search provider, any third party being similarly subject to these terms of business upon being made a party to the engagement of metro commercial by the Client.
5.0 Standard
5.1 Metro Commercial Ltd is to provide the service to the specification and performance to a level expected. Any precise variations must be agreed upon in writing, whether by email or otherwise.
5.2 The client is encouraged to provide MCL with as much technical information as possible about the construction and building services contained within the building. Where no information or insufficient information is provided, this information will be gained during the survey. Where no alternative data can be sourced, assumptions may require to be made.
6.0 Legal advice
6.1 MCL cannot provide legal advice on the exact service requirements, although it will provide guidance, and any formation provided may be for background purposes. Specific legal advice should be obtained from a solicitor regarding the legislation, and MCL has assumed that this has been sought.
7.0 Quality Assurance
7.1 Quality Assurance (QA) checks are carried out on work carried out by all EPC assessors. It is acknowledged that the EPC issued may be subject to a QA check, and building-specific details may require to be divulged to third parties. The client acknowledges that the EPC given to them may be amended and reissued due to such a routine check so that the rating may change.
8.0 Limitations
8.1 MCL, including its directors and employees, has no responsibility for anything beyond the scope of the defined service. MCL owes the client a duty to act with reasonable skill and care in providing the service and complying with the client’s instructions where those instructions do not conflict with applicable laws and professional rules. Any files or information gathered, created (for instance, SBEM or modelling files) or calculated is omitted and remains the property of MCL.
9.0 Protection of Employees
Apart from fraud or criminal conduct, no employee of MCL has any personal liability to the client, and neither the client nor anyone representing the client may make a claim or bring proceedings against an employee or former employee personally.
10.0 Complaints
10.1 Before taking any other action against MCL, the client agrees to use the MCL Complaints Handling Procedure. A copy of this is available on our website.
11.0 Liability to Metro Commercial Ltd
11.1 The client agrees to indemnify MCL against all liability (including without limitation all actions, claims, proceedings, loss, damages, costs and expenses) that relates in any way to the provision of the service except a liability that a court of competent jurisdiction decides or Metro Commercial acknowledges (whether or not it admits liability) was caused by the fraud, wilful default or negligence of MCL or of a delegate for whom MCL is responsible under these terms.
12.0 Engagement
12.1 Immediately upon the Client’s instructions to MCL, the Client agrees to the Terms of this agreement. Acceptance of these business terms is deemed binding on the client for all instructions to MCL and any add-on instructions.
12.2 To the best of its knowledge, the Client agrees that any information or documents provided to MCL is true and accurate and will remain so. Further, the Client, with this, indemnifies MCL for any loss or damage MCL may suffer directly or indirectly due to the Client’s breach of this clause. Such loss or damage, including but not limited to the legal costs of defending any civil claim or criminal penalty.
13.0 Cooling Off
13.1 The Client accepts that MCL will have already delivered services in part to the client upon engagement, and there shall be no ‘cooling off’ period or cancellation of services at this point.
13.2 The Client accepts that where MCL offers any terms of deferred payment or payment in abeyance, these offers are subject to the Client following the advice and requests of MCL.
14.0 Delays
14.1 MCL will not be liable for any loss or damage of any description arising from a delay in the production of a service. Estimated EPC delivery times act only as a guide. Although we will do our best to ensure the estimated delivery time is met, this should not be relied upon.
15.0 Liability to Third Parties
15.1 MCL owes no duty of care and has no liability to anyone but its client unless expressly agreed in writing by MCL. No third party is intended to have any rights under the agreement unless expressly mentioned.
16.0 Liability for Others
16.1 MCL has no liability for products or services it reasonably needs to obtain from others to provide the service.
17.0 Harm to the Client
17.1 MCL has no liability for the consequences of any failure by the client or any agent of the client to promptly provide information or other material that Metro Commercial reasonably requires or where that information or material is inaccurate or incomplete.
18.0 Professional Indemnity Cover
18.1 MCL shall provide Professional Indemnity for the delivery of services. Further details can be provided.
19.0 General
19.1 It is accepted by The Client that where there is any third-party involvement outside the control of MCL, such as any government, regulatory or protocol body, the performance in time of Metro Commercial’s obligations hereunder may be affected by that third party's timekeeping. In the interests of clarity, MCL will do its best to perform its obligations promptly but cannot be held responsible for any delays or time taken.
19.2 The client company or organisation warrants that individuals are authorised by their respective companies to allow this instruction, and this agreement shall not be terminated.
19.3 This agreement shall terminate immediately upon any material breach of its terms without remedy. The provisions of this agreement concerning remuneration and limitations of liability shall survive its termination.
Any notices may be served to Metro Commercial Ltd, 272 Bath Street, Glasgow, G2 4JR. Neither this Agreement nor any rights or obligations hereunder shall be assigned or otherwise transferred by the Client without the prior written consent of Metro Commercial Ltd.
19.4 The unenforceability of any clause of this agreement or any part hereof shall not affect the enforceability of the remainder of this Agreement.
19.4 The Laws of Scotland govern these Terms and Conditions.
END
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