1. This agreement shall constitute the whole contract between County Flat Roofing (UK) Ltd and the Customer no additions, alterations, warranties or representations shall be incorporated within the contract unless included on the face of the contract and signed by the Customer and County Flat Roofing (UK) Ltd.’s representative.In the formulation of the contract it is necessary to use some abbreviations and technical terminology it is the Customers responsibility to seek clarification if they are uncertain as to their meaning.
2. The terms of the contract do not affect the statutory rights of County Flat Roofing (UK) Ltd or the Customer.
3. Any alteration required to the order after survey shall constitute a separate contract.
4. The Customer shall be entitled to cancel the contract by means in writing within 7 days of signing the contract in which case:
a) If the Customer gives written notice within 7 days of the signing of the contract then County Flat Roofing (UK) Ltd, shall refund the deposit to the Customer in full but without interest.
b) If the Customer does not give written notice within 7 days of the signing of the Contract then cancellation shall be at the discretion of County Flat Roofing (UK) Ltd. Should County Flat Roofing Ltd, accept cancellation then any deposit shall be forfeit and the Customer will pay County Flat Roofing (UK) Ltd, a fee covering any expenses incurred in excess of the deposit.
5. The contract is subject to receipt by County Flat Roofing (UK) Ltd of a satisfactory Surveyors report and, if appointee, Local Authority Planning and Building Regulation approval.
County Flat Roofing (UK) Ltd.’s decision as to whether or not to proceed with the contract shall be final and binding upon the Customer.
The Customer is advised not to take any action under this contract until 14 days from the date of the survey. The Customer agrees to allow County Flat Roofing (UK) Ltd access to the premises during normal working hours for survey purposes.
6. It is the responsibility of the Customer to obtain written permission/approval from the owners of adjoining or shared roofs. Copies of such must be forwarded to County Flat Roofing (UK) Ltd, prior to commencement of any works.
7. If the Customer has indicated overleaf his intention of applying to a third party lender for a personal loan, the agreement shall be conditional upon the grant of that loan and, in the event of the loan not being granted in the sum for which the Customer has applied, County Flat Roofing (UK) Ltd shall repay to the Customer any deposit in full subject to a fee payable by the Customer to County Flat Roofing (UK) Ltd to cover County Flat Roofing (UK) Ltd.’s expenses.
Until the Customer has communicated to County Flat Roofing (UK) Ltd the result of the personal loan application, County Flat Roofing (UK) Ltd shall not be required to take any steps to fulfil its obligations under this contract. If, as a consequence of representations made by the Customer, County Flat Roofing (UK) Ltd carries out the work specified under the contract then the Customer shall be liable to pay the full contract price to County Flat Roofing (UK) Ltd.
The Goods and the Installation
8. Samples used for demonstration purposes are purely illustrative. County Flat Roofing (UK) Ltd catalogues, sales and promotional literature are used as a guide only and the customer shall accept them as such.
The Roofing Works will be installed in accordance with County Flat Roofing (UK) Ltd.’s specification considered most suitable by County Flat Roofing (UK) Ltd.
County Flat Roofing (UK) Ltd strives to improve its products, installation methods and specifications and therefore reserves the right to vary design and/or specification without prior notice to the Customer provided the installation is of an equivalent or better specification than that originally requested.
9. Time for delivery is not the essence of the contract. However the delivery period quoted is that anticipated at the time of the order.
The delivery period commences from the date of obtaining any planning consent and/or building regulation approval, where required.
County Flat Roofing (UK) Ltd will make every effort to maintain or improve upon the delivery period.
If the work is not completed within the anticipated delivery period the Customer may by notice in writing, require County Flat Roofing (UK) Ltd to complete the work within a specified reasonable period.
Normally County Flat Roofing (UK) Ltd would accept 6 weeks as being reasonable.
If the work is not completed within the extended period, the Customer may by service of written notice, cancel the uncompleted work covered by the contract and terminate the contract itself.
However County Flat Roofing (UK) Ltd shall not be liable for any delay in the completion of the work that arises from circumstances beyond its reasonable control, time taken up by such delays wilt not count for the purposes of this clause.
10. For installation purposes, the Customer hereby agrees to allow access to the premises during normal working hours and free use of electricity and water to enable the work specified to be carried out and completed. In situations where free power is not available or practical, a generator will be used.
11. All reasonable precautions will be taken to prevent water ingress but County Flat Roofing (UK) Ltd cannot be held responsible for any damage incurred due to circumstances beyond its control for the duration of the works.
In the event of any faults occurring the customer must mitigate any costs incurred, for example by refraining from carrying out any decorations or other works to the installation areas until the faults have been corrected.
12. It is the responsibility of the Customer to ensure:
a) That no service supply or cables whether telephone, electricity, television, gas, water or otherwise are present at the time of installation. County Flat Roofing (UK) Ltd accepts no responsibility for damage to such supplies whether visible or not, known or unknown, at the time of installation. The Customer should note that service suppliers normally only accept instructions from the owner of the premises.
b) That a clear working area is provided to enable the specified work to be carried out, including the removal of any telephone/television cable, burglar alarm contacts flowers, plants, shrubs and trees.
13. The installation may not be completed in one day and will not necessarily be undertaken in one continuous visit.
14. County Flat Roofing (UK) Ltd will not be responsible for remedying defect that existed before the installation or for any damage arising from such a defect, unless the Parties agree and the cost of such work will be additional to the price.
Where County Flat Roofing (UK) Ltd agrees to undertake remedial work, they will reasonably endeavour to match new to existing brickwork/tiles/rendering, etc.
Where practically possible but County Flat Roofing (UK) Ltd will always endeavour to minimize any cosmetic or superficial damage incurred during installation.
15. The Customer shall be responsible for ensuring that planning permission, building regulation approval and any other consents of the Local Authority are obtained prior to installation and that all other relevant provisions of any statute governing building and ancillary work have been fully observed.
Unless County Flat Roofing (UK) Ltd is made aware, County Flat Roofing (UK) Ltd accepts no liability whatsoever for any breaches of such statutes or any other regulations or requirements of the Local Authority and shall not be required to provide any indemnity against or make any contribution towards, any action which may be brought by the Local Authority against the customer.
16. The Customer agrees to inform County Flat Roofing (UK) Ltd in writing of any claim for compensation for alleged damage done by County Flat Roofing (UK)Ltd (howsoever arising) within a reasonable period of time (normally 7 days) of observation of its occurrence, in default of which County Flat Roofing (UK) Ltd will accept no liability for such damage.
17. Roof materials will be removed from site at no extra cost unless the Customer wishes them to remain, which should be indicated in writing on the order.
Once removed from site they become the property of County Flat Roofing (UK) Ltd.
County Flat Roofing (UK) Ltd will not be obliged to return to collect waste roof materials once the Customer has instructed County Flat Roofing (UK) Ltd that they should remain.
Asbestos and all other materials classified as hazardous by the Health and Safety Executive will not be removed and disposed of by County Flat Roofing (UK) Ltd.
Such items remain the responsibility of the Customer and must be removed and disposed of in an appropriate manner.
18. All County Flat Roofing (UK) Ltd goods remain the property of County Flat Roofing (UK) Ltd until payment is received in full.
The Price and Payment
19. County Flat Roofing (UK) Ltd.’s quotation is based upon the works as foreseen at the time of quotation and does not include additional work subsequently carried out in order to overcome problems that were not apparent at that time, such as rotted, wet or perished roof decking, rotted roof timbers, inadequate roof fall, irregular levels, brickwork, damp courses, structural works, guttering, downpipes and soakaways etc.
The Customer will be notified of any such unforeseen work and County Flat Roofing (UK) Ltd will pass any costs due to such factors on to the Customer. All total measurements taken are rounded up to the nearest full square metre or linear metre for pricing purposes.
20. If as a result of Government legislation or any causes beyond the control of County Flat Roofing (UK) Ltd the cost of fulfilling the agreement by County Flat Roofing (UK) Ltd is increased, such additional costs may be passed to the Customer in its entirety County Flat Roofing (UK) Ltd will indicate the prevailing rate of VAT on the order but the rate of VAT applicable to the contract will be that prevailing at the date of invoice.
21. The net balance referred to should be paid at the time of installation of the products settlements shall be in cash (for which a receipt will be given, by cheque made payable to County Flat Roofing (UK) Ltd or by delivery of a signed Finance Agreement.
When payment is not made in accordance with this condition, such outstanding balance shall bear interest from the date when settlement was due, until such outstanding monies are paid, at the rate of 5% per annum above the base-tending rate in force at the time of County Flat Roofing (UK) Ltd.’s banker
The Installation & Product Guarantees
22. The installation is normally guaranteed by County Flat Roofing (UK) Ltd for a period of 10 years with the following exclusions:
a) Miscellaneous sundry items, which County Flat Roofing (UK) Ltd shall supply to the Customer from time to time and which are ancillary to the main installation, shall be guaranteed for a period of 1 year.
b) Gutters and downpipes shall be guaranteed against leakage and discoloration for a period of 1 year.
c) Where the Installation is underwritten by the manufacturer In which case the term will be dictated by them
23. The Product guarantees will in most cases be issued by the manufacturer and can be seen on request prior to any agreement being signed.
24. County Flat Roofing (UK) Ltd shall not be obliged to act under the guarantee until County Flat Roofing (UK) Ltd has received the balance of the purchase price, County Flat Roofing (UK) Ltd will repair or replace any parts thereof, which under normal and proper use develop a fault due to defective materials or installation.
County Flat Roofing (UK) Ltd.’s warranty extends only to the un-expired part of the guarantee period.
County Flat Roofing (UK) Ltd shall not be liable to make good any damage arising from structural or other defects caused by subsidence, heave, landslip, severe storm or flood or the discoloration of mastic lines.
This condition states the full liability of County Flat Roofing (UK) Ltd in respect of disputes and County Flat Roofing (UK) Ltd shall not be liable for compensation of any nature whatsoever (including but without limitation any loss of earnings claim). This guarantee is given in addition to and does not affect the Customer’s statutory rights.
25. County Flat Roofing (UK) Ltd accepts no responsibility for the failure of timbers/original structures remaining at the Customer’s request.
26. County Flat Roofing (UK) Ltd cannot guarantee that some ‘ponding’ of water may or may not occur this should not be considered as a defect and will not be detrimental to the performance of the roof membrane.
27. County Flat Roofing (UK) Ltd shall not be obliged to act under the guarantee if:
a) Alternations of works have been carried out to the product in part or section, by persons other than County Flat Roofing (UK) Ltd.’s employees or authorized County Flat Roofing (UK) Ltd.’s representatives.
b) Damage occurred due to accidents, misuse or neglect by the Customer.
28. Any notice to be given to County Flat Roofing (UK) Ltd under these terms and conditions shall be deemed to be validly served if sent by Recorded Delivery to County Flat Roofing (UK) Ltd.’s address stated overleaf.
Any notice given by County Flat Roofing (UK) Ltd to the Customer shall be deemed to be validly served if sent by Recorded Delivery to the address of the Customer set out overleaf or such other address as the Customer shall supply to the Customer in writing at any subsequent date.
29. Where the Customer consists of more than one person, the obligations to the customer hereunder shall be joint and several.