Accurate Roofing & Building Limited Company Number: 09632240 Address: 7 Green Grove, Hailsham, East Sussex, BN27 3NZ
Terms and Conditions
1. Introduction
1.1 In these terms and conditions, “we”, “us”, or “our” refer to Accurate Roofing Ltd, registered in England & Wales at 15 Otham Park, Hailsham, England, BN27 2NF, Company Number 09632240. “You” or “your” refers to the person to whom we are providing our services and who is required to pay for the services we provide.
2. Entering into a legally binding contract
2.1 A contract between you and us will come into being in one of two ways:
2.1.1 When you confirm in writing/email that you are happy with the quotation we have sent you, you will enter into a legally binding contract on the date you notify us.
2.1.2 Where you and we agree orally that we should provide the services, then there will be a legally binding contract on the date of the oral agreement.
2.2 We suggest that before you confirm in writing/email or orally to us providing services that you read through these terms and conditions. If you have any questions concerning our Terms and Conditions, please contact us.
2.3 You should keep a copy of these terms and conditions for your records.
3. Providing our Services
3.1 Once we and you have entered into a legally binding contract, we will confirm a date for when we expect to carry out the services. Occasionally, the services will be provided at some other date or time, dependent on other factors.
3.2 Our aim is to always provide you with the services:
3.2.1 Using care and skill
3.2.2 In compliance with commonly accepted practices and standards in the Roofing Industry.
3.2.3 In compliance with England and Wales laws and regulations in force at the time we carry out the services.
4. Days and times when we normally provide the services
4.1 Unless we agree otherwise, we will provide the services on normal working days and start work no earlier than 8 am and finish no later than 10 pm. A normal working day for us means Monday to Friday, excluding Bank holidays or any other National holidays.
5. Materials
5.1 At the time we perform the services, we may not have all the materials we need to perform the services. This may be for several reasons, as summarized in point 5.1 of these Terms and Conditions.
5.2 Whether or not we have provided a quotation, the condition of an item which is then subject to the services may only become apparent when we start performing the services, and it was not reasonably possible to establish it until that point. In such cases, we may need to purchase materials.
6. Timing
6.1 We aim to carry out the services by the dates and times we either agree with you or notify you. But we cannot guarantee or provide a firm commitment that:
6.1.1 We will start performing the services by a specified date or time; or
6.1.2 We will complete the performance of all the services by any specified date or time; or
6.1.3 The performance of any individual part of the services will be completed by a specified date or time; or
6.1.4 The materials ordered will be delivered at the times or dates specified.
6.2 What can happen if we cannot start performing the services or complete performing the services:
6.2.1 If we do not start or complete performing the services within a reasonable period from the start date(s) we have agreed or notified, then you may either choose to continue to wait until we can start performing the services or complete performing them, or you can cancel the contract.
6.2.2 Where we have started performing the services and you decide you wish to cancel the contract, you will only have to pay for the services we have performed up to the date of cancellation and for any materials for which we have a legal obligation to pay. If you have made payment to us in excess of the amount of the services or materials we have purchased, we will return the difference within 21 days of cancellation.
7. Prices, quotations, and payments
7.1 We normally charge for our services as per the detailed quotation sent to you exclusive of VAT.
7.2 We may sometimes need to charge you a higher amount than stated in the quotation. This can occur for a number of reasons, in particular where:
7.2.1 What you require us to do changes, or the amount of work or services you require us to provide increases or is different from what we and you agreed before we started performing the services and as stated in the quotation; or
7.2.2 When we start providing the services, it becomes apparent that the quantity of services we will need to perform or that the type of work involved is different from what we agreed before we started performing the services, and we could not reasonably foresee this before we started performing the services.
7.3 Payments for our services and/or materials are normally paid in two ways, either:
7.3.1 At the time we complete performing the services; or
7.3.2 In stage payments as agreed, often involving:
7.3.2.1 The payment of a deposit before we commence performing the services; and
7.3.2.2 The payment of the remaining amount we will be charging you on completion of the services.
7.3.2.3 Deposits are refundable with 5 working days of payment if the project hasn’t commenced and has been cancelled in writing by the customer to Accurate Roofing.
7.4 All amounts stated (whether orally or in writing) are exclusive of VAT, which will be added at the rate currently in force.
7.5 If you fail to make payment by the date stated on your invoice, we may:
7.5.1 Charge you interest (at The Bank of England’s base interest rate plus 3%) on any outstanding amounts if those outstanding amounts remain unpaid for more than 14 days from the due date our invoice states.
7.5.2 If the amounts not paid represent more than 10% of the total value of the services, we are to perform for you and there remain some services which we have not yet performed, then we may suspend performing the remaining services until you make payment.
7.6 You will not refuse to pay any amount owing to us where there is only a minor or inconsequential defect or error in the performance of the services, for example, pooling of rainwater on flat roof surfaces that drains or evaporates within 72 hours of a dry spell. You will be entitled to refuse to pay no more than a proportionate amount of any amount due.
8. Client Responsibility
8.1 If we are performing the services at the premises, then you should:
8.1.1 Make the areas where the services are to be performed ready;
8.1.2 Remove any items which will stop or hinder the performance of the services;
8.1.3 Protect your items or possessions from the effects of us performing the services; and
8.1.4 Allow us to gain access to the premises at the dates and times we and you have agreed we will perform the services.
8.2 You will obtain all necessary consents, permissions, and approvals before we start performing the services.
8.3 You will make available domestic facilities at the premises as we reasonably require.
9. Exclusion and Limitation of Liability
9.1 We do not exclude or limit liability for our negligence or negligent omission which causes personal injury or death.
9.2 We shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach of this agreement. In the event that any loss or damage suffered by you relates to your business activities or use of the premises for commercial purposes, then we exclude all liability for loss of profits or other economic loss arising from a breach of this contract.
9.3 No responsibility for ponding of water on flat roofs will be taken following re-roofing on refurbishment projects or new works where the roof structure was completed by others.
9.4 No responsibility will be taken for any delay, loss, or damages caused by strikes, labour disputes, or inclement weather, changes of design or specification, or any other circumstances beyond our control.
9.5 Care will be taken when working on roofs above existing ceilings, but no responsibility will be taken where damage is caused to ceilings during the progress of the work.
9.6 We shall not be responsible for damage to ceilings, walls, gutters, or building fabric if such items are found to be defective before or during commencement of work or where damage is caused by unavoidable vibration.
9.7 For contract work on new buildings, lime, cement, and scaffolding are not included in our quotations.
9.8 Our quotes do not include work of other crafts or trades or making good after it unless specifically mentioned or unless an item for the same is included in the bills of quantities where provided.
9.9 Quotations do not include any work to timbers and substrate materials found necessary once the roof is opened up unless mentioned in our quote.
10. Communicating with Us
10.1 You can telephone 01323 659448 during standard office hours. If there is no one available to take your call, you can leave a voicemail, and we will get back to you as soon as we can.
10.2 You can also email the office using info@accrbs.co.uk.
11. Cancellation by You
11.1 Once we and you enter into a binding contract, you will not normally be able to cancel where the works are to be started within 14 days, except:
11.1.1 Where the consumer has the statutory right to cancel.
11.1.2 Where the works will not commence within 21 days, you will be entitled to a 14-day cooling-off period, where we would require cancellation in writing to jason@accrbs.co.uk
11.2 If we agree to cancel, then you will be responsible for the cost of:
11.2.1 Any materials we are contractually committed to buying up to the date of termination. Any materials we have purchased will be delivered to you on receipt of payment except where the consumer has the statutory right to cancel.
11.3 In the circumstances stated in clause 11.2, we will first deduct the amounts for which you are responsible from any deposit you have paid. Any remaining deposit will be returned to you. If the amount owing is greater than the deposit, we will invoice you for the amount in excess of the deposit.
11.4 If you:
11.4.1 Purport to cancel the contract; or
11.4.2 Give notice purporting to cancel; or
11.4.3 Otherwise, do not fulfill your obligations (such as by not paying any sums due to be paid to us) in a way which amounts to you canceling the contract, we do not have to accept your cancellation except as provided in clause 11.2 or as otherwise provided for in this contract. However, we may choose to accept cancellation, and if we choose to do so, you will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered. If you have paid a deposit, this will be retained, and if our reasonable losses and costs (including loss of profit) are greater than the deposit we have retained, we will require you to pay for our losses and costs in excess of the deposit retained except where the consumer has the statutory right to cancel.
12. Amendments to the Contract Terms and Conditions
We will have the right to amend the terms and conditions of this contract where:
12.1 We need to do so to comply with changes in the law or for regulatory reasons; or
12.2 We are changing the rates we charge for the provision of services.
12.3 We need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long as such correction is minor and does not materially affect the contract. Where we are making any amendment, we will give you 30 days’ prior notice (unless the contract is terminated before that period).
13. Contacting Each Other
If you wish to send us any notice or letter, then it needs to be sent to Accurate Roofing Ltd, 7 Green Grove, Hailsham, East Sussex BN27 3NZ, and should be marked for the attention of Jason Puttick. We also accept emails using info@accrbs.co.uk. If we wish to send you a letter or notice, we will use the email or address you have given us.
14. Law and Jurisdiction
This contract shall be governed and construed by the law of England. You and we agree to submit to the jurisdiction of the courts of England and Wales.
By engaging Accurate Roofing for its services, the client agrees to abide by these Terms and Conditions.