Sap2sbem Terms and Conditions 

The instructing person/company/entity shall be referred to as ‘The Client’ or ‘Clients Representative’ and SAP2SBEM referred to by terms such as ‘Ourselves’, ’SAP2SBEM’ or ‘Energy Assessor/s’

Energy Rating Calculations, based upon two stages:
∙ As-designed Stage Calculations (SAP, SBEM or BRUKL Reports)
∙ As-built Stage Calculations & EPC from the As Built Calculations

Energy rating assessments are prepared in accordance with the Building Regulations, either ADL1 or ADL2 2022 or 2013 Parts L1a and L1b together with conventions contained in SAP10 and SAP 2012 published by DEFRA.

Clients are responsible for providing the required information to enable Ourselves to carry out the energy rating assessment or other related services. These are usually provided in the form of scaled plans and specifications or supplementary emails .
The energy rating assessments are prepared by either a qualified On Construction Domestic Energy
Assessor (SAP) or a L3/4 Non Domestic Energy Assessor (SBEM) based on the information provided and it is the Client’s/Clients Representative’s responsibility to ascertain from the reports produced that the input information is correct.
Although SAP2SBEM’s primary service is Part L compliance assessments, sometimes we also carry out related services such as U Value Calculations, Thermal Overheating calculations (Part O ), Excessive Glazing Calculations for extensions, Climate Change and Sustainability Reports, ’London Plan’ style reports or other building regulations services such as Part G water usage calculations. While providing these or any of our energy or related services we are not a design service and can only work with the information given. Being instructed to undertake any of these reports does not necessarily mean they will pass when returned to The Client or when presented to Building Control, Planning Depts. or other suitably qualified Assessment Bodies as they will be based on the supplied information.

The Energy rating assessments are prepared with approved software and issued by assessors under
licence as approved by the Secretary of State indicated b, for example, the use of the Elmhurst logo (approved awarding body), and Energy Assessors are trained, tested and examined by suitably approved persons. Quality Assurance of the work of our Energy Assessors is also carried out through one of these Accreditation bodies. For SAP2SBEM Elmhurst Energy Systems Limited is our Accreditation Scheme, who in turn are regulated by The Communities and Local Government Department (CLG) of the UK Government.

Energy rating assessments are based on Client information supplied to SAP2SBEM and SAP2SBEM do not endorse any particular product or system. Should a product or system be used in the As Designed Reports by SAP2SBEM this would be for illustrative purposes only and need considering as to its suitability by The Client before installing.
SAP2SBEM endeavours to undertake energy rating assessments with reasonable care, skill and diligence, according to the training received. SAP2SBEM will not be liable for errors subsequently found in issued energy reports. Although SAP2SBEM assessors check their work thoroughly, It is The Client’s responsibility to review the issued report/s and should any errors be seen,it is The Client’s responsibility to promptly raise the potential error with SAP2SBEM so this can be addressed. SAP2SBEM would not be responsible should the calculations or reports produced are based on incorrect or incomplete information provided by The Client.
Under Part L, Appendix B of the Building Regulations it is the responsibility of the Builder/Client to ensure that the project meets the required standards, especially should substitutions of materials be made or thermal bridge junctions ignored.
SAP2SBEM accepts no liability if the reports fail to meet regulatory or The Client’s requirements. SAP2SBEM simply assess the property based on issued information and, if requested to do so, can show The Client potential options so the property complies with the specific part of the Building Regulations being assessed. If SAP2SBEM are instructed to produce reports and statements (e.g. Climate Change Statements) which are subsequently submitted to either Local Planning or Building Control (LBC) Departments, SAP2SBEM can not guarantee these will satisfy the Planning Departments requirements and therefore these produced reports are not made with the guarantee of satisfying the Planning Department's/LBC needs.

To the fullest extent permitted by the law, SAP2SBEM shall not be liable to the Client or any third party for any indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of use, or any other economic advantage, arising out of or in connection with the services provided, whether the claim is based on contract, tort (including negligence), breach of statutory duty, or otherwise, even if SAP2SBEM has been advised of the possibility of such damages.In any event, SAP2SBEM’s total liability to the Client for any claim arising out of or in connection with this agreement, whether in contract, tort, or otherwise, shall not exceed the total fees paid by the Client to SAP2SBEM under this agreement.

We operate under a Code of Conduct issued by Elmhurst Energy Systems Limited for energy assessments from whom a complete copy of the Code of Conduct may be obtained upon request and our in house complaints process is as follows:.

• Complaints will be dealt with courteously and promptly and most likely can be resolved between the client and ourselves, either verbally and/or in writing.

• Suitable and sufficient time will be allowed for both parties to seek a resolution.

• If still not satisfied after trying to resolve with the assessor, if related to the energy assessment process or result the client may wish to refer the complaint to Elmhurst Energy Systems Limited, Unit 16 St Johns Business Park, Lutterworth LE17 4HB.

Payment is to be via bank transfer, after instruction but before any calculations or reports are released. If the project is later cancelled by ‘The Client’ after the instruction has been made and the calculations have been ‘substantially completed’ before release, the Client will be liable to pay the full amount as agreed for that stage of the project. A project would be considered ‘substantially completed’ when most of the information has been supplied by the Client and SAP2SBEM have taken time to calculate most of the fabric of the building being assessed.
If you wish to cancel after instructing us and we have not started any calculations on your project, please do so in writing (email) and we will simply remove your project from our schedule and no penalty fees would be incurred. Should work on your project have started (but not substantially completed) then a fee would be expected to be paid to cover the time invested by us at an hourly rate of £60 per hour.
As I am a Spanish tax resident I do not charge VAT on our invoices.

Either party may terminate this agreement at any time by providing written notice to the other party. Upon termination, the Client shall pay for all services provided and work performed up to the date of termination.
SAP2SBEM reserves the right to terminate this agreement immediately if the Client breaches any of the terms and conditions outlined herein, fails to make payment, or if any unforeseen circumstances arise that prevent SAP2SBEM from continuing to provide the agreed services.
Termination of this agreement shall not affect any rights or obligations of either party that have accrued prior to the date of termination.

Although these services can vary greatly depending on the property being assessed and its complexity, we aim to try and process the services in a timely manner and will usually give an estimated delivery time-scale during the appointment process. We would not be held financially responsible or be liable to any penalties should a delay occur. All time scales given are approximate and can be subject to change

A written reply via email to our offer or quotation is considered a binding confirmation of your intention to instruct us. We will either send you a link to these terms and conditions on our website or attach in email to read during the quotation process and it will be your responsibility to read through them thoroughly. Depending on the size and complexity of the project, we will then usually arrange a ‘kick off meeting’, either through video conference or in person to formally start the project.