1.1 These Terms and Conditions apply to the supply of the goods and services detailed in the estimate (“Services”) by Allweather Roofing (Herts) Limited a company registered in England & Wales under number 06447523 whose registered office is at 35 Green Lane Bovingdon Hemel Hempstead Hertfordshire HP3 0JZ](“Us/We/Our”) to you as a Consumer (“You”). No other terms and conditions will apply unless We and You agree in writing that they will apply.
2.1 We are required by the Regulations (as defined in Clause 3 below) to ensure that certain information is given or made available to You as a Consumer before We make our contract with You (i.e. before you accept Our estimate) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will ensure that We have made it available to You before You accept the estimate.
2.2 All of that required information, and any other information We give You about the Services or Ourselves which You take into account when deciding to accept the estimate or when making any other decision about the Services, will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
3.1 A “Consumer” means a consumer as defined in the Consumer Rights Act 2015. In relation to these Terms and Conditions, it means Our customer who is an individual and who receives the Services for the customer’s personal use and for purposes wholly or mainly outside the purposes of any Business.
3.2 A “Business” means any business, trade, craft, or profession carried on by You or any other person/organisation.
3.3 The “Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
3.4 A “business day” means any day other than a Saturday, Sunday or bank holiday.
3.5 The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
3.6 Words signifying the singular will include the plural and vice-versa.
4.1 In return for payment of the Fees, We shall provide the Services to You.
4.2 We shall use reasonable care and skill in carrying out the Services and shall comply with any and all relevant codes of practice.
4.3 We shall use Our reasonable endeavours to complete the Services in the time stated in the estimate (if any). However, that time is only Our estimate of the time needed and it may take longer to complete the Services in all of the circumstances (including delay due to Force Majeure (see Clause 13 below). If no timescale is indicated in Our estimate we shall use Our reasonable endeavours to complete the Services within a reasonable trime.
5. Your Obligations
If We need information, materials, consents or other things from You to provide the Services, You will need to provide them to Us or give Us access to them, and if You do not, We will not be liable to You if We delay or fail to provide the Services due to Your failure to comply with this Clause 5.
6.1 You shall pay Us the fees (“Fees”) set out in the estimate for the Services together with Our price for materials used in providing the Services.
6.2 You shall pay Us for any additional service or materials provided by Us not set out in the estimate either at Our daily rate for that service which applies when We provide that service or at another rate if We agree another rate with You.
6.3 Fees stated are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
6.4 You shall pay Us our Fees at the times stated in the estimate.
6.5 If You do not pay Us our Fees at the times stated in the estimate it will be a breach of contract by You, and We will then be entitled either to delay beginning or continuing to provide the Services until You pay or, if We decide to do so instead, not provide the Services and terminate Our contract with You under Clause 8.
7. Estimate, Contract and Variation
7.1 Whether or not Your enquiry/order for the Services is an offer to purchase the Services, Our estimate is Our response to Your enquiry/order but the estimate is not an acceptance by Us of Your enquiry/order.
7.2 The estimate We give to You is Our contractual offer to provide the Services to You. Your acceptance of the estimate will be Your confirmation that You are a Consumer, and You may not accept it if You are not a Consumer. If and when You accept that offer in writing, it will be Your and Our agreement to the estimate and these Terms and Conditions, and there will then (from the time that You accept the estimate) be a legally binding contract between You and Us on those Terms and Conditions for Us to provide the Services in accordance with the estimate.
7.3 You may validly accept the estimate within 30 days from the date of the estimate but You may not do so if, before You have accepted it, We tell you in writing it that We are withdrawing it.
7.4 If We or You do not wish to proceed with Your enquiry/order for any reason, We may withdraw the estimate and You may cancel or withdraw Your enquiry/order if You have not yet accepted (or have rejected) the estimate.
7.5 If You wish to vary any details of the Services, You must tell Us in writing as soon as possible. We shall tell you of any addition to the Fees that will be payable for the changes and will make the changes if We reasonably can do so. Only if You and We agree the changes and the addition (if any) to the Fees, will the Services be varied and We will then invoice You for the additional Fees (if any) agreed.
7.6 If at any time, due to circumstances beyond Our control, We have to make any changes in the Services or the arrangements relating to the provision of them, We shall tell You immediately and we shall provide you with details of any additional Fees due to Us. If the changes will be of real significance to You, You may cancel the Services as from the time that We tell You the changes will come into effect and You will be liable for any Fees and Our price for materials for Services provided up until that time.
8.1 You shall pay Us the Fees within 30 days after the invoice date, or instead, if We and You have agreed any other time/s or period/s for payment, by that time or within that period.
8.2 If You do not pay Fees on time (as required by sub-Clause 8.1), We may, (without affecting our right to later terminate under sub-Clause 10.2.3) charge You interest accruing on a daily basis at the rate of 4% per annum above the HSBC Bank PLC base rate from time to time on the amount outstanding until You make payment in full.
8.3 We will give You a receipt for any payment only if You ask Us for a receipt.
8.4 You must make all payments in £ sterling unless We and You agree in writing to some other currency.
9.1 We may sub-contract provision of any or all of the Services .
9.2 Where We sub-contract the provision of any or all of the Services, We shall ensure that any and all sub-contractors are reasonably skilled in the relevant practices. We may not pass on to You any additional charges We incur through the use of any sub-contractor/s.
10.1 If the contract we make with You is not made on Our premises, the Regulations give You the following cancellation rights, and those rights will be in addition to the rights You have under the law and the rights We have given to You under these Terms and Conditions:
10.1.1 You may for any reason cancel any of the Services during the 14 day period after You accept the estimate, but if the estimate includes any Services to be provided on any date/s falling before the end of that 14 day period and if You expressly request Us to provide those Services and We do so, You may not cancel the Services to be provided in that 14 day period, and You must pay for them as required by these Terms and Conditions. You may also during that 14 day period cancel any Services covered by the estimate which are to be provided either:
(a) after the end of that 14 day period; or
(b) during that 14 day period if they are Services which You have not expressly requested Us to provide in that 14 day period.
10.1.2 If all of the Services covered by the estimate have been fully provided within that 14 day period, You will lose the right to cancel those Services.
10.1.3 If, as allowed by the Regulations (and this sub-Clause 10.1), You request that the Services to be provided are to be cancelled by You, You must confirm this in writing by fax, email or letter.
10.1.4 If You cancel as allowed as above, and You have already made any payment(s) to us for the Services, We will refund the payment(s) to You within 14 days of receiving Your cancellation less any amount due for those Services that We have already provided to You, and You will not have any liability to Us in relation to that cancellation except to pay for them as set out in sub-Clause 10.1.1.
10.2 We may terminate provision of the Services and the contract immediately, and sub-Clause 10.3 will then apply, if:
10.2.1 You commit a serious breach of Your obligations under these Terms and Conditions; or
10.2.2 You are or become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors; or
10.2.3 You do not pay Us all or any Fees or deposit or other amounts payable on time (even if We have previously charged You interest under sub-Clause 6.3) and We have given You at least 14 days prior notice of our intention to terminate; or
10.2.4 We find that you are not a Consumer.
10.3 On termination under any of sub-Clauses 10.2.1, 10.2.2 or 10.2.3, Fees will be payable by You up to the date of termination.
10.4 If You are liable to Us under this Clause 10 for any amount/s, We may take that amount from any deposit or other funds that we hold and shall return any balance to you. However, if the deposit that We take is less than Your liability, You must pay Us the difference.
11.1 Legal and beneficial ownership in all and any materials supplied by Us will not pass to You until We have received, in cash or cleared funds, payment in full of the price of the materials and the Services.
11.2 We reserve the right to repossess any materials in which We retain legal and beneficial ownership if We do not receive full payment in accordance with Clause 8.
12. Liability and Consumer Rights
12.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable.
12.2 We provide Services to You only for Your personal and private use/purposes. We make no warranty or representation that products, or other goods or materials that We provide to You are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
12.3 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
12.4 Furthermore, If you are a Consumer, either as defined by the Consumer Rights Act 2015 or for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under the Consumer Rights Act 2015, the Regulations, or any other applicable consumer protection legislation, as that legislation is amended from time to time. All such duties, obligations, rights, remedies and liabilities under such legislation are in addition to those under these Terms and Conditions. 12.5 For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.
13. Force Majeure
Neither We nor You (“first party”) will be liable to the other for any failure or delay in performing obligations where the failure or delay is due to a cause beyond the first party’s reasonable control (“Force Majeure”). In that case the failure or delay will not be a failure or delay contrary to these Terms and Conditions or the estimate.
14.1 All notices or other communications from You or Us under these Terms and Conditions must be in writing.
14.2 A notice will be valid and effective if sent by email or pre-paid post to the email address or postal address of, as the case may be, You or Us, which is stated in the estimate.
15. No Waiver
No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
We always endeavor to provide the best service and products for our customers. However, on rare occasions, we recognise that there may be times where our customers may not be completely satisfied.
To ensure we are able to put things rights as soon as we can, please read our complaints procedure below and we will respond promptly to ensure complete satisfaction.
As soon as possible after the completion of the works, please inspect the work to ensure everything has been carried out to our usual high standards.
In the unlikely event there is anything you are not completely satisfied with, please contact us as soon as you can in order that we can rectify any problems as soon as possible.
Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted trader we use Dispute Resolution Ombudsman for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact us on 01179812929 or via their website http://www.disputeresolutionombudsman.org/which-trusted-traders-partnership/
18. Law and Jurisdiction
18.1 These Terms and Conditions and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English Law.
18.2 Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.
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