THERMAL ROOF LIMITED
TERMS, CONDITIONS AND HOME IMPROVEMENT CONTRACT DEFINITIONS
1.1 “The Company”, “us”, “we”, means THERMAL ROOF LIMITED.
1.2 “The Purchaser”, “you”, means the other party to the Agreement.
1.3 “Goods” means the Goods or services supplied by The Company to The Purchaser.
1.4 “Agreement” means an Agreement for the supply of Goods and/or services to The Purchaser by The Company.
1.5 “Conditions” means these Terms and Conditions.
2.1 These Conditions shall apply to any Agreement between The Company and The Purchaser for the supply or installation of Goods and constitute the entire Agreement between the parties and supersedes any previous Agreement or understanding.
2.2 English law shall apply to the Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.
3.1 Save as otherwise agreed all Goods will be charged at prices current at the time of quotation.
3.2 Prices quoted for Goods will be fixed for the period stated in the quotation or if no period is quoted for thirty days. The only exception will be in the case of delay or suspension by The Purchaser whether of supply or installation where quoted prices may be increased to cover any increase in the costs incurred by The Company due to such delay or suspension.
TERMS OF PAYMENT
4.1 The Company requires a minimum of 30% deposit from The Purchaser with the order for Goods. The balance of the price for Goods shall be due immediately on completion of the works to be carried out under the Agreement.
4.2 If payment is not made on the due dates, The Company shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgement) at the rate of 4% per annum above the base rate from time to time of HSBC from the due date until the outstanding amount is paid in full.
4.3 The Purchaser shall not make any deduction from the price of the Goods on account of any set off or counter claim unless both the validity and the amount thereof have been approved by a Director of The Company in writing.
4.4 Until all monies due to The Company have been paid by The Purchaser the Goods shall remain the sole and absolute property of The Company as legal and equitable owner.
5.1 The Purchaser shall be responsible for all measurements given to The Company, except where The Company’s Surveyor has surveyed the site and supplied the measurements.
6.1 The Company undertake to use its reasonable endeavours to adhere to the estimated date of delivery and/or installation of the Goods.
6.2 The Company will not be deemed to be in breach of the Agreement or be liable to The Purchaser in the event of an installation date not being met due to adverse weather conditions, machinery/transport/equipment breakdown or delays in material deliveries, non availability of labour or where the delay or failure was due to any cause beyond The Company’s reasonable control.
6.3 The Purchaser will provide reasonable access to The Company and its authorised representatives and remove personal effects from the roof area/surface/immediate vicinity of surfaces to be treated to enable works relating to the Goods to be completed.
6.4 An authorised representative must be present on behalf of The Purchaser when the installation of Goods takes place. Immediately upon completion of installation of the Goods The Purchaser’s representative will be required to inspect, if safe to do so, and approve all works and sign a note indicating satisfactory completion.
6.5 If at any time the installation is impractical due to a structural or technical difficulty, The Company shall, on request, provide written reasons for the difficulty to the customer and may terminate this Agreement. Any deposit paid will be refunded. However, if the difficulty in question could not reasonably have been expected to have been anticipated by the surveyor, The Company will not make to the customer any payment for any loss unless it can be shown that we have been negligent.
6.6 We will make good any damage caused during the installation to roof tiles, slates and brickwork, but you accept that the installation may cause damage to exterior and interior decoration due to vibration. Except for damage caused by our negligence, we do not undertake to carry out any redecoration.
6.7 Where we need to incorporate any parts of your existing system into our new system, we will not accept liability for the cost of repairing or replacing parts of your existing system that may fail during our installation, unless we have been negligent in not realising that such damage may occur, or in the way we did the work.
7.1 We reserve the right to change the specification of any products to be supplied to you if it is necessary to comply with any changes to building standards or to comply with safety requirements or other changes in legislation so long as the changes do not materially affect the appearance or performance of the installation.
7.2 Due to the smooth surface created by our systems, you may notice some ponding of water in areas of the roof. This is an entirely normal characteristic of the material and does not, in any way, affect its life, performance or guarantee.
8.1 Notice of any claim under the Guarantee must be made in writing for the attention of a Director of The Company.
8.2 In the event that The Company is requested to carry out remedial works in respect of the Goods and such remedial works are not as a result of defective materials or workmanship of The Company, then The Company reserves the right to make a reasonable charge to cover its additional costs and the Purchaser agrees to pay these costs within seven days of invoice by The Company.
8.3 The Guarantee is issued upon complete payment of the Agreement value and is in addition to, not in substitution of, all the Purchaser’s rights under statute law.
TERMINATION – SEE ATTACHED NOTICE OF RIGHT TO CANCEL
9.1 The Purchaser may within fourteen days of the date of this Agreement cancel this Agreement and receive a full refund of any deposit paid by writing to The Company addressed to a Director. If the cancellation is notified by post, the date of post mark will be deemed the date of cancellation and it is advisable for The Purchaser to obtain a proof of posting. If the cancellation is hand-delivered, the cancellation date will be deemed as the date of delivery. If the cancellation is notified by email, the date of cancellation will be deemed as the date the email was sent.
9.2 The Company at its sole discretion may withdraw from the Agreement prior to commencement of any works without giving rise to any claim for damages by the Purchaser. In this case The Company agrees to refund the Purchaser’s deposit in full.
10 As members of Which? Trusted Trader Scheme and Trading Standards Buy With Confidence Scheme (BWC), we comply with each schemes Code of Conduct. If you have any complaints or queries then please contact us on 01934 824005 and we will endeavour to resolve your issue as soon as possible. If you remain dissatisfied with the way in which the query has been dealt with we can refer you to the Ombudsman Service an independent complaint resolution company or to arbitration through the BWC scheme, for those who wish to avoid the cost of court fees.
11.1 The customer accepts that the installation may cause damage to decorations. This provision does not exclude The Company’s responsibility for damage which is beyond what is reasonably consistent with the fitting of the product in the usual way. For example, damage to other areas of the premises where the product is not being fitted.
11.2 The Company does not accept any liability for damage caused by pre- existing structural defects.
12.1 You must not transfer the Agreement, as it is personal to you, without written authority from us. The authority will not be refused without good reason.