Terms & Conditions
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These are the General Terms and Conditions for the supply and Fit or Installation of roofing products by WEB Roofing.
These Terms and Conditions, combined with Our Quotation provided, contain the entire obligations between the customer and WEB Roofing.
In the case of any inconsistency between any letter, or Quotation incorporating or referring to these Terms and Conditions and letter or form of contract sent by the customer to WEB Roofing, whatever may be their respective dates, the provisions of these conditions shall prevail. Please read this document carefully as WEB Roofing intends to rely on it.
These Terms and Conditions create binding legal obligations for the customer and WEB Roofing. Before accepting our quotation, The customer should read this document carefully and ensure it contains everything the customer requires and nothing unacceptable to the customer. If there is anything that the customer does not understand please contact WEB Roofing immediately or seek your own advice.
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Definitions
The following word shall have the following meanings throughout the document:
1.1 The Customer/ You/ Your - the person or company identified on the quotation and invoice.
1.2 The Company/ Us/ Our/ We - WEB Roofing whose registered office is at 118 The Willows, Colchester, Essex, CO2 8QE.
1.3 The Works - the goods and services to be supplied by the company.
1.4 Quotation - a written estimate of the works to be supplied, with a total cost.
1.5 Total cost - the whole amount to be paid by the customer to the company for the work.
1.6 Invoice - a written bill of sale issued by the company to the customer when the works are completed.
1.7 Deposit - a proportion of the total cost that is payable by the customer to the company on acceptance of the quotation.
1.8 Commencement Date – a mutually convenient date, agreed between the Customer and the Company, on which The Works will begin.
1.9 Guarantee – a promise to fix, free of charge, any faults which might arise within the Guaranteed Period.
1.10 Guaranteed Period – A defined period of time, during which The Works are guaranteed.
1.11 Installation Address – the address of the building where The Works are completed.
1.12 The Work area – any area of the works that is subject to; scaffolding; storage of materials; placement of skips; placement of ladders, or is within a 10 metre radius of where operatives are working, This list is not exhaustive.
1.14 The Cancellation Period – a period of 14 days following the customer’s approval of the quotation.
1.15 Terms and Conditions – the terms and conditions of supply as set out in this document and any special terms and conditions agreed in writing by the company.
1.16 The Contract – the entire agreement between the customer and the company, incorporating the quotation, these Terms & Conditions, any Terms and Conditions issued by the finance company (if any), and any ancillary documents agreed between the customer and the company during the course of the Company providing the works.
Supply
2.1 The company will supply the goods and services detailed in the quotation. The company reserves the right to offer substitutions and/or incorporate minor or technician modifications when supplying the works. The substitutions or modifications shall not be inferior to those described in the quotation.
2.2 We shall look at the work that needs to be carried out and discuss requirements with You and subject to Your compliance with clause 2.7. We shall supply appropriate goods for your situation and arrange for the provision of our services.
2.3 Before We can arrange for the supply of our services to You, You must:
2.4 Accept Our quotation without amendment, by written email confirmation. Our quotation is only valid for a period of 30 days from its date, unless it states otherwise, provided that We have not previously notified You that We have withdrawn it.
2.5 You will be responsible for ensuring the completeness and accuracy of your quote, and for providing us with any relevant information relating to it.
2.6 Once you have accepted our quotation we will be in contact with You to discuss further arrangements.
2.7 You warrant to us that you have provided us with all relevant information about the service you require.
Price
3.1 Unless otherwise agreed by us in writing, the price for the goods and for the provision of our services shall be the price set out in our quotation.
Payment
4.1 Unless otherwise agreed the customer will pay the deposit requested in the quotation on acceptance unless an alternative payment plan has been agreed by both parties in writing. (by email or text)
4.2 The remaining outstanding balance will be due from the date of invoice and is to be paid promptly.
4.3 Any outstanding balances following the completion of the works and after 14 days of the invoice date will be subject to a late payment fee. The invoice balance will be increased by 10% unless this has been agreed by both parties in writing previously. (by email or text)
4.3 Methods of payment:Bank Transfer - Details will be on the invoiceCredit Card Debit Card Cash
4.4 You must make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless You have a valid court order requiring an amount equal to such a deduction to be paid by the company to you, This does not apply to any deductions that we have agreed with you may be made.
4.5 Payment of the invoice is due in cleared funds and in pounds sterling.
4.6 We reserve the right to provide You with interim Invoices at regular intervals during the provision of the Services. Such additional Invoice need not coincide with key stages in the provision of the Services. Payment is due on demand, and We reserve the right to cease the provision of Services until payment is received in full in cleared funds from You.
4.7 If You fail to pay Us any sum due to Us, then without prejudice to any other right or remedy available to Us, We shall be entitled to;(a) Cancel the Contract; and (b) Suspend any further deliveries of Goods to You; and (c) Suspend any further provision of Services to You.
Delivery Time
5.1 Any dates specified by Us for delivery of the Goods and provision of the Services, including any date for stages in or the completion of the provision of Our Services, are only intended to be an estimate and time for delivery or performance shall not be made of the essence by notice. Since many of the Goods are imported, delivery to You is subject to receipt to Us of the Goods, and delivery times can be beyond Our control due to factors including but not limited to adverse weather conditions, port conditions, and third party suppliers and handlers. If no dates are specified, delivery and services shall be within a reasonable time.
5.2 Goods may be delivered in advance of any estimated delivery date We give You with reasonable prior notice.
5.3 We may deliver the Goods to the Location by separate instalments.
5.4 You must ensure that there is sufficiently clear access for a large delivery vehicle to deliver the Goods to the Location during the hours of 8am to 6pm Monday to Friday. (Prior notice of the delivery time given with as much notice as reasonably possible)
Customer Obligations
6.1 You must: (a) Cooperate with Us in all matters relating to the provision of the Services; (b) Comply with clause 2.7(c) Provide us, in a timely manner and at no charge, with access to the Location (d) Provide us, in a timely manner, such information as We may reasonably require to comply with our Services and ensure that it is accurate in all respects; (e) Be responsible (at your own cost) for preparing the Location in advance of our performance of the Services; (f) Inform us of all health and safety rules and regulations and any other reasonable security requirements that apply at the location; (g) Inform Us of any particular features that You know about or that You reasonably suspect might make the provision of Our Services more difficult that We might reasonably expect; (h) Obtain and maintain all necessary licences and consents and comply with all relevant legislation in relation to the Services before the date on which Our provision of the Services is to start; (i) Ensure that You have permission to use plans or drawings You supply to Us (j) Comply with all Clauses under Guarantees for Our Guarantees to be valid.
Our Obligations
7.1 We will use reasonable endeavours to provide the Service to You at the Location and reasonable skill and care at the Location. 7.2 We shall use reasonable endeavours to meet any performance dates specified in the Quotation but any such dates shall be estimates only and time shall not be of the essence for the delivery of the Goods or the performance of the Services.
7.3 We shall use reasonable endeavours to observe all health and safety rules and regulations and security requirements that You have notified Us about prior to Our commencement of the provision of the Services provided that if as a result of such observation We shall not be liable under the Contract if We are in breach of any of Our obligations under the contract.
7.4 Upon arrival at the Location before We commence the provision of the Services, We will carry out an inspection to confirm, so far as is practicable, that You have complied with Your obligations pursuant to the Contract. If any information You have provided or any assumptions We have reasonably made are not correct, and You have not previously drawn this to Our attention then: (a) We may terminate the Contract immediately, and in such circumstances, We will refund any payment made by you less any charges we have reasonably incurred in relation to the supply of the Goods and the provision of the Services at the time of termination; or (b) We will advise You of the variations required to the Goods or the Services for which the additional fees will apply. If you fail to agree to such additional charges, We shall not be obligated to carry out the Services or the additional works.
Quotation
8.1 The quotation will be provided by the company and it should not be deemed to be a structural survey. Whilst we are experienced in identifying problems with roofing installations, we shall not be considered experts in all aspects of roofing construction, and consequently shall not be held responsible for failing to identify issues that would require the knowledge of a qualified structural engineer. If the customer is in any doubt as to the condition of their property, they are advised to consider obtaining their own structural survey.
8.2 The quotation will only deal with items which are reasonably ascertainable from a survey of the property, and unless there are obvious problems identified, the surveyor shall assume that the property is structurally sound.
8.3 Unless identified in the quotation, no account shall be made for finding and removing asbestos materials, nor for the provision of lintels should they be found to be required. Such additional services will be subject to additional, reasonable charges.
8.4 If the quotation is for the installation of a new roof, regardless of finishing materials, unless otherwise specified in the quotation, an assumption is made that the roof joists are in good condition. If, when the roof is opened it is discovered that the joists are in poor condition, the customer agrees that they will be replaced at an additional reasonable cost to the original quotation.
8.5 The company accepts no responsibility for minor damage caused to plaster ceilings (e.g. cracks or ‘nail pop’) immediately beneath new decking boards. The company will fit new decking boards with all due care and attention but the customer should expect that some minor damage will be unavoidable.
8.6 Removal of existing slates and tiles, unless detailed on the quotation, we shall assume that any tiles or slates that are to be removed and replaced unless otherwise stated on the quotation shall be removed from the installation site. If the customer wishes to retain any of the tiles or slates this should be noted on the quotation. We will endeavour to remove tiles and slates without damaging them but this cannot be guaranteed and we will not be held liable to replace any damaged items.
8.7 Additional Works unless otherwise detailed in the quotations the customer shall be responsible for the removal and replacement of any existing installations such as TV aerials, Satellite dishes, Burglar alarms, CCTV and alike.
8.8 Remedials, sometimes new roofs, flat roofs and repairs experience minor discrepancies and/or adjustment in the first year after install. Often this can be flashings setting in or movements in cement work or detailing. This is to be expected and any associated problems, including leaks, should be reported quickly to enable the company to deal with any issues accordingly. Any work conducted under guarantee will be completed free of charge and as quickly as possible.
8.9 Wall Flashings are fastened as deep as possible into a wall chase or chimney, but brickwork pointing can be a major source of subsequent leaks. A wall or chimney flashing is only as good as the brickwork above it and the company may advise further waterproofing and re-pointing work to be carried out in the event of persistent leaks.
Guarantees
9.1 WEB Roofing guarantees that if within a 10 year period after installation by us – If the roof proves to be defective by reason of a fault in our installation or fixing procedure we undertake to repair free of charge to the customer, that section of the roof in question.
9.2 WEB Roofing guarantees that after repairing a roof the guarantee given on the quotation will be valid (varies depending on repair) - If the roof proves to be defective by reason of a fault in our installation or fixing procedure we undertake to repair free of charge to the customer, that section of the roof in question. Any liquid repair products are exempt from this and will not be guaranteed unless stated in writing at time of quotation.
9.3 The guarantee starts from the date the invoice was created.
9.4The guarantee is only valid if: (a) The customer takes all reasonable measures to maintain the roof in a serviceable condition. (b) The customer advises us in writing of any leaks arising in the roof within 10 days of discovery. (c) The invoice has been paid in full.
9.5 The Guarantor, installers, employees and subcontractors must be given free access to the roof during normal business hours. 9.6 This Guarantee shall be in respect of the service life of the installation and materials in relation to the effect of normal weather conditions. It shall not apply if damaged by any other means, such as subsidence, acts of god, adverse weather conditions, vandalism or tampering of any kind or excessive foot traffic over areas not previously stated by the customer to be used for this purpose.
9.7 Excludes consequential loss.
9.8 We will not be responsible where another contractor has been engaged on work to the roof.
9.9 This guarantee is transferable.
Planning Consent
10.1 We the company are not able to advise on whether any consents are necessary. It is the customers responsibility to identify the need for any necessary planning permissions, building regulation consents, building warrants or other similar consents or approvals, and to obtain those which we the company have not agreed in writing to apply for on the customers behalf. The company shall not be obliged to perform and work until it has received satisfactory confirmation that all such consents and approvals have been obtained.
10.2 If, at the customer’s request, the company agrees to commence any part of the works before all such consents and approvals have been obtained, the company shall do so entirely at the customer’s risk and responsibility. In the event that the works have commenced, and consents and approvals are denied, the customer will be responsible for paying the company for any costs or losses that the company has reasonably incurred as a result of any part of the works completed before consents and approvals were denied. The customer will be and remain responsible for the payment of all fees and charges incurred in connection with the obtaining of any such permission or-consents, whether or not successfully obtained.
Risk & Ownership
11.1 Risk in the goods passes once the goods have been unloaded from the delivery vehicle at the location, which means that you must insure the goods from this point.
11.2 Until ownership of the goods has passed to you, You must: (a) Store the goods (at no cost to us) Separately from all of your other goods or those of any third party in such a way that they remain readily identifiable as our property; (b) Not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; and (c) Not mix the goods or any part of the goods with any other material, including but not limited to chemicals or adhesives; and (d) Not pledge or in any way charge or encumber the goods; and (e) Maintain the goods in a satisfactory condition and keep them insured on our behalf for their full price against all risks to our reasonable satisfaction. On our request, you shall produce the policy of insurance to us.
11.3 You grant us, our employees and our subcontractors an irrevocable licence at any time to enter any premises where the goods are or may be stored in order to inspect them, or, where Your right to possession has terminated, to recover them.
11.4 Where we are unable to determine whether any goods are the goods in respect of which your right to possession has terminated, You shall be deemed to have sold all goods of the kind sold by us to you in the order in which they were invoiced to you.
Cancellation
12.1 You may cancel within 14 days of accepting a quote by written notice to WEB Roofing. If you cancel the quote, Your liability to the company shall be limited to payment for all costs we have reasonably incurred in fulfilling the works up to the date deemed receipt of the amendment or cancellation.
12.2 Where the amendment or cancellation results from our failure to comply with our obligations You shall have no liability to the company in respect of it.
Termination
13.1 We shall be entitled to terminate the contract if you become bankrupt or otherwise insolvent, or make any arrangements with your creditors. In such circumstances, we will only supply the goods and perform the services to the extent that they have been paid for.
13.2 On termination of the contract, howsoever caused; (a) You shall immediately pay us all of our outstanding unpaid Invoices, which shall be payable immediately on receipt; and(b) Our and your accrued rights and liabilities as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, shall not be affected. Limitation & Liability
14.1 If either of the customer or the company are in breach of the contract, neither the customer or the company will be responsible for any losses that the other suffers as a result, except those losses which are foreseeable consequences of the breach. Losses are foreseeable when they could be contemplated by You and Us at the time the contract is formed. We are not responsible for indirect losses which happen as a side effect of the main loss of damage and which are not foreseeable by You and Us such as loss of profits or loss of opportunity.
14.2 The following provisions set out our entire financial liability (including any liability for the acts or omissions of its employees, us, agents and sub – contractors) to You in respect of: (a) Any breach of these conditions; (b) Any representation, statement or tortious act or omission including negligence arising under or in connection with the contract.
14.3 Nothing in these conditions excludes or limits our liability: (a) For death or personal injury caused by our negligence; or (b) For any matter which is would be illegal for us to exclude or attempt to exclude our liability for; or (c) For fraud or fraudulent misrepresentation; or (a) We shall not be liable to You for any loss of profit, loss of business, depletion of goodwill, or loss of anticipated savings in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with contract.
General
15.1 It is the customer’s responsibility to ensure that they have read, reviewed and understood the quotation and confirmed that it meets their requirements before the works commence.
15.2 If any provision of the contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonableness be deemed severable and the remaining provisions of the contract and the remainder of such a provision shall continue in full force and effect.
15.3 Our failure or delay to enforce any provision of the contract shall not be construed as a waiver or any of our rights under the contract.
15.4 Any waiver by the company of any breach of, or any default under, any provision of the contract by you shall not be deemed a waiver of any subsequent breach of default and shall in no way affect the other terms of the contract.
15.5 Neither the customer or company intend that any term of the contract shall be enforceable by virtue of the contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
15.6 Nothing in the contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between you and us, not constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
15.7 This contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non – contractual disputes or claims) shall be governed by and constructed in accordance with English law, and the parties irrevocably submit to the exclusive jurisdiction of the English courts.
Data Protection
16.1 We will use the customer information to personalise the communications with them and to keep the customer informed. We may contact the customer via telephone or email for these purposes.
16.2We will never pass on their information to any one unless this has been discussed with the customer first and agreed in writing.
16.3 Where insurance backed guarantees are requested, the customer’s name and address will be passed to an authorised insurance provider to enable them to write to the customer and offer the insurance cover.
Roofing Surveys
17.1 All properties that are on the market, either for sale, sale pending, sold and subject to contract - The price for these surveys / Quotes is a standard rate of £200. This amount is fully refundable, if we are later instructed by you to carry out any of the required works.
Insurance
18.1 WEB Roofing carries full public liability insurance. Our policy documents are available on request.