Terms & Conditions Of Sale

1.Introduction 

In these conditions: 

  1. a)
    “the supplier” is CLIMATE ROOFS LTD and “the purchaser” is as detailed on the front of the contract “Customer Name”
  2. b)
    “the deposit” shall mean the sum of up to 25% of the sale price payable by the purchaser to the supplier on the signing of this agreement/quotation/written order/formal survey. The deposit is payable with the signed contract.
  3. c)
    “the goods” shall mean the goods described on the front of this form.
  4. d)
    “the premises” shall mean the property at which the works are carried out.
  5. e)
    “the price” shall mean the price for the goods and/or work set out on the front of this form.
  6. f)
    “the works” shall mean if specified on the front of this form the installation of goods of any part.

2.Contract 

  1. a)
    By both the supplier and purchaser signing the agreement/quotation/written order/formal survey we have entered into a legally binding contract. This document sets out the terms and conditions of that contract. This contract cannot be varied unless the variation is agreed in writing by the authorised representative of the supplier. 

3.Access 

  1. a)
    The purchaser shall ensure that the supplier and his agents and anyone with its express permission is given access to the premises at all reasonable times.
  2. b)
    The purchaser shall make available for the supplier’s use of such facilities as it requires, free of charge, including water and electricity.

4.Payment 

  1. a)
    Payment of the balance of the contract price (less any deposit and stage payment paid) is due in full when the work has been completed to a satisfactory standard and a final invoice has been delivered. In determining whether work has been completed to a satisfactory standard no account will be taken of minor snagging items which the supplier in any event undertakes to complete.
  2. b)
    Payments may be to the supplier by personal cheque/debit card/cash/direct bank transfer/credit card (credit card payments are subject to a charge of 2.5%)
  3. c)
    The purchaser’s failure to pay the balance on completion will constitute a breach of this agreement.
  4. d)
    VAT will be payable by the purchaser at the rate in force at the date of delivery of the final invoice.
  5. e)
    The purchaser shall pay interest at the rate of 4% above the rate from time to time ofNatwest Bank Plc on any part of the price remaining unpaid. 
  6. f)
    Until payment has been made in full the goods shall remain the property of the supplier. If the purchaser fails to make payment the supplier may enter the premises and repossess the goods.

5.Product Specification 

  1. a)
    The supplier’s double glazing units are designed primarily to reduce heat loss, which ordinarily occurs through single glazing. The supplier’s solid roof system may show signs of condensation present whilst any products installed are going through a drying out process. This process may take several weeks dependent upon the temperature both internally and externally. The presence of condensation is dependent upon the environment within the dwelling. The supplier gives no warranty concerning the incidences, prevention or elimination of condensation following the installation of its products.
  2. b)
    Samples are intended to demonstrate the working of typical items and the materials to be used. The goods which are the subject of the works will be manufactured in the manner and of such quality as the supplier shall consider most suitable.
  3. c)
    The supplier may offer a variety of systems to the purchaser and the onus will be upon the supplier to demonstrate to and decide with the customer which system will be used. Subject to agreed variations all installations will conform to any samples shown to the purchaser.
  4. d)
    Any Information in the supplier’s catalogues, brochures, or similar written material or upon the supplier’s website are for illustrative purposes only and cannot be relied upon as forming any part of the contract.

6.Timing & Delivery 

  1. a)
    The anticipated delivery date quoted will run from the date the supplier accepts the survey report.
  2. b)
    The supplier aims to carry out the works by the dates and times agreed with the purchaser but the supplier cannot guarantee or provide a firm commitment that:

(i)The supplier will start performing the works by a specified date or time: or 

(ii)
The supplier will complete the performance of all the works by any specified date or time. 

(iii)
The performance of any individual part of the works will be completed by a specified date or time. 

  1. c)
    What happens if we cannot start the works or complete the works?

If the supplier does not start or does not complete the works within a reasonable time the purchaser may choose to either continue or wait until the supplier can start the works or complete them or can cancel the contract as detailed as per the notice of right to cancel. 
The supplier regards the period of 6 weeks as being a reasonable time for the purpose of these clauses. 

  1. d)
    Situations or events outside the supplier’s reasonable control.

(i)
There are certain situations or events which occur which are not within the supplier’s reasonable control (some examples are given on the next paragraph).Where one of these occurs the supplier will normally attempt to recommence the works as soon as the situation which has stopped it performing the works has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before the supplier can start or continue the works. 

(ii)
The following are examples of events or situations which are not within the supplier’s control:- 


Where weather conditions on or around the date or time within the geographical areas the supplier operates make it impossible or unsafe to perform any of the works. 


If goods that are ordered are not delivered on the date or time agreed with the supplier of the goods (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time or the price charged by the alternative supplier is excessively higher than by the original supplier) 


The purchaser makes a change in the works required (and this results in, for example, further work or a wait for new or different goods). 


Where the supplier has to wait for other providers of goods or services (who have been engaged by the purchaser) to complete their work before it is able to perform the works (or the relevant part of the works dependent on the other provider if ordered at short notice). 


Where the supplier is unable to gain access to the premises to carry out the works at the times and dates agreed 


For some other unforeseen or unavoidable event or situation which is beyond the supplier’s control. 

7.Survey 

  1. a)
    The purpose of the surveyor’s inspection is to ascertain the feasibility of the installation referred to in the works. This is not a general survey of the premises and the inspection will be confined to those areas of the premises which directly relate to the proposed installation. Defects or damage existing before the works or any damage arising thereafter to the premises are not the responsibility of the supplier unless directly attributable to the work done.
  2. b)
    This agreement is conditional upon the approval of the supplier’s surveyor to the works specified or referred to in the works listed. Pursuant to the granting or refusal of such approval the purchaser will allow the surveyor to inspect the premises within 14 days of the date of the signature authorising the works, or within such longer period as shall be agreed between both parties.
  3. c)
    The supplier reserves the right to make such modifications to the works as the surveyor considers appropriate, subject to such modifications being detailed in writing to the customer (see section 8).
  4. d)
    If the surveyor shall not grant his approval or the purchaser does not accept the modification referred to in sub-paragraph b) hereof, the contract will be terminated immediately and any deposit paid by the customer refunded, less any administration charge. In the event that the surveyor shall not grant his approval, the supplier if requested by the purchaser shall provide within 14 days an explanation of the surveyor’s findings.

8.Additional Works 

  1. a)
    The supplier does not undertake to move services, fixtures or fittings which are ancillary to the basic structure of the property e.g. radiators, pipes and electricity, telephone or television cables and specifically flues or extractors unless specifically stated in the works.
  2. b)
    The supplier will use its best endeavours to ensure the works match existing finishes but will not be liable for non- matching due to weathering of existing materials and cannot guarantee the matching of external specialist finishes such as pebble dashing or similar material. When variations occur in existing plaster lines the supplier cannot guarantee that equal sub frame will be visible all round, but will do its best to ensure a high standard is achieved.
  3. c)
    The supplier will make good any damage caused in the course of installation to plaster, floor, rendering or brickwork immediately surrounding any window, roof or door installed, but the supplier cannot guarantee the avoidance of superficial damage to surrounding wallpaper, paintwork and ceramic tiles in the same area. The making good of such damage is the responsibility of the purchaser, providing there is no negligence by the supplier.
  4. d)
    The supplier cannot guarantee to remove intact any existing glass, frames, secondary double glazing units or existing roof system or guarantee without damage.
  5. e)
    All materials removed during the course of installation will be cleared from site and cannot be retrieved thereafter. If any materials are required to be retained (note clause ‘d’ above) this must be clearly stated in the works and will be the responsibility of the purchaser to arrange such operations.

9.Purchaser Responsibility 

The purchaser is responsible for: 

  1. a)
    Obtaining any necessary planning, legal or other permissions prior to the installation.
  2. b)
    Where necessary, the removal or re-siting prior to installation of any electrical sockets, light fittings, boilers, flues or extractor units pipes, cables and alarm system also to make any necessary arrangements with the regulatory authorities.
  3. c)
    Giving access to all mains services if required for the purpose of fulfilling the order and obtaining permission so that the supplier’s workmen may gain access to adjoining properties for the purpose of carrying out the works.
  4. d)
    The cost of any additional work rendered necessary to complete the installation as a result of failure of the purchaser or the purchaser’ssub contractor to comply with the supplier’s surveyors instructions. In the case where a base is installed by the purchaser or the purchaser’s sub -contractor and where it has been constructed inadequately or incorrectly the supplier will not be held responsible for any subsequent loss or damage attributable to defect with the base. Similarly where the supplier’s obligation is limited to the removal and installation of a new roof to an existing conservatory the supplier will not be held responsible for any loss or damage attributable to the manner in which the vertical or other aspects of the conservatory such as the windows, doors and frames have been previously installed, this shall also include any existing walls and base work construction. 
  5. e)
    Damage to the works carried out or goods installed that is occasioned by the purchaser or the purchaser’s own sub-contractors carrying out any building or other works.
  6. f)
    Redecoration after installation.
  7. g)
    Any necessary alterations to pelmets, blinds, curtains, tracks or poles.

10.Complaints 

  1. a)
    In the interest of efficiency when dealing with any query, written notice of such query must be given to the supplier.
  2. b)
    Unless he has reasonable justification in refusing entry, the purchaser shall grant the supplier all reasonable facility to remedy any complaint for which itmaybe  

11.Guarantee 

The supplier undertakes to replace free of charge any defective, solid or glazed roof system PVC-u/aluminium windows, doors and their component parts, including sealed units, for the period of the guarantee from a date of completion of the works upon receipt of payment in full, provided that written notice of defect is given within 28 days of the purchaser becoming aware of such defect. Removal and/or repositioning of the installation by any persons other than the supplier’s personnel, will invalidate this guarantee.  This shall not affect the statutory or common law rights of the purchaser. 

10 year guarantee on all products 

The supplier does not accept responsibility for any claims for damage to existing floors, flooring, walls, decoration, light fittings, flag stones, internal sills, skirting or other parts of the purchaser’s property nor any responsibility for claims for consequential loss unless such damage or loss has been caused by its own negligence or breach of statutory duty. 

12 Notices 

  1. a)
    If the purchaser wishes to send the supplier any notice or letter then it should be sent to CLIMATE ROOFS LTD and marked for the attention of Paul Bird.
  2. b)
    If the supplier wishes to send the purchaser any notice or letter then it should be sent to the address given in this contract.

13.Contracts (Right of Third Parties) Act 1999 

For the purposes of the Contracts (Rights of Third Parties) Act 1999 this Contract is not intended to and does not give any person who is not a party to it any rights to enforce any of its provisions. 

14.Entire Agreement 

The parties agree that this contract constitutes the entire agreement between them and that no prior or subsequent representation forms part of or constitutes a variation of this contract. 

15.Law and Jurisdiction 

This contract shall be governed and construed by the Laws of England and Wales and both supplier and purchaser agree to submit to the jurisdiction of the courts of England and Wales. 

Notice of the Right to Cancel 

Right to Cancel 

This only applies if you sign the Agreement: 

(i)
At your home, workplace or at someone else’s home; or 

(ii)
At our offices but following a visit by us (or by someone acting on our behalf) to your home, workplace or someone else’s home; or 

(iii)
At our office but following a meeting between us away from our offices. 

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day you sign the contract. To exercise the right to cancel, you must inform  CLIMATE ROOFS LTD of your decision to cancel this contract by a clear statement (e.g. a letter sent by fax or electronic mail) you may also use the attached model cancellation form, but this is not obligatory. To meet the cancellation deadline, it is sufficient for you to send communication concerning your exercise of the right to cancel before the cancellation period has expired. 

Effects of Cancellation 

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement without undue delay and no later than: 

(a)
14 days after the day we receive back from you any goods supplied, or 

(b)
(If earlier) 14 days after the day you provide evidence that you have returned the goods, or 

(c)
If there were no goods supplied 14 days after the day on which we are informed about your decision to cancel this contract. 

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise: In any event, you will not incur any fees as a result of reimbursement. 

If you requested us to begin performance of the services during the cancellation period, you shall pay us the amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract, in comparison with the full coverage of the contract. 

Cancellation of the contract 

This contract may be cancelled in the following circumstances: 

  1. a)
    By the purchaser in accordance with the Notice of the Right to Cancel attached to this agreement.
  2. b)
    By the supplier giving verbal or written notice to the purchaser:
  3. c)
    In the event that the supplier’s detailed surveyors report shows defects in the .. purchasers existing installed conservatory/extension/building/property that may adversely affect the proposed installation of the supplier’s products.
  4. d)
    Following receipt of an unsatisfactory credit reference obtained in respect of the purchaser.

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement without undue delay and no later than: 

(a)
14 days after the day we receive back from you any goods supplied, or 

(b)
(If earlier) 14 days after the day you provide evidence that you have returned the goods, or 

(c)
If there were no goods supplied 14 days after the day on which we are informed about your decision to cancel this contract. 

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise: In any event, you will not incur any fees as a result of reimbursement. 

If you requested us to begin performance of the services during the cancellation period, you shall pay us the amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract, in comparison with the full coverage of the contract. 

Cancellation Notice 

The person to whom a cancellation notice may be given is Paul Bird, Climate Roofs Ltd, Unit 47 Gazelle Road, Weston Industrial Estate, Weston-super-Mare. BS24 9ES 

Notice of cancellation is deemed to be served as soon as it is posted or sent to us. 

You can use the cancellation form provided below if you wish but it is not obligatory. 

Signed on behalf of  Climate Roofs Ltd, Unit 47 Gazelle Road, Weston Industrial Estate, Weston-super-Mare. BS24 9ES 

 

Dated………………………………………………………………………………………………………………………………… 

 

If you wish to cancel the contract, you must do so in writing and deliver personally or send (which may be by fax or electronic mail) this to the person named below. You may use this form if you want to but you do not have to. 

 

……………………………………………………………………………………………………………………………………………. 

(Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE CONTRACT) To: Paul Bird, Climate Roofs Ltd, Unit 47 Gazelle Road, Weston Industrial Estate, Weston-super-Mare. BS24 9ES 

 

Reference No: [ …………………………………….] 

 

I hereby give notice that I wish to cancel my Agreement with your company. 

 

Signed: ………………………………………………………………………………………………………………………………. 

 

Name: (please print) …………………………………………………………………………………………………………. 

 

Address: …………………………………………………………………………………………………………………………….. 

 

……………………………………………………………………………………………………………………………………………. 

 

Date: ………………………………………………………………………………………………………………………………….. 

 

Registered Address:  

Climate Roofs Ltd,
Unit 47 Gazelle Road,
Weston Industrial Estate,
Weston-super-Mare. BS24 9ES.   

Directors: P.S Bird & L Paterson.
Company Registration Number: 8329527
VAT No: 169256084