Marketing Terms & Conditions

Consumer Terms and Conditions

Business to Consumer between The Purchaser and The Company.

IMPORTANT:Please read the following before accepting order:-

I/we have read and have had all contents of the schedule of works fully explained by a High-Tech Membrane Roofing Ltd representative and fully understand all contents of the schedule of works inclusive a possible cost implication for new under decking. I/we have read and fully understand the Terms & Conditions below but not limited to my/our rights to cancel this contract. I/we acknowledge that it is my/our responsibility that all works agreed between me/us and High-Tech Membrane Roofing Ltd are clearly stated in writing and I/we cannot rely on any oral representation forming part of the schedule of works.

1. Definitions : –

(a) Within this attachment High-Tech Membrane Roofing Ltd are referred to as the “The Company” and the Individual, Firm, Company or Corporation placing the order is referred to as “The Purchaser”.

(b) The goods supplied and installed by The Company as ordered by The Purchaser will be referred “The Product”.

(c) The installation address at which The Product is to be installed is referred to as “The Premises”.

2. Unless otherwise agreed in writing by The Company works will only be carried out as too agreed in a works schedule. The Purchaser must ensure that any representation or verbal promise made is entered in writing before confirming order of works. In the absence of such notation in writing no such representation of promise shall be effected in law.

3. (a) The Purchaser shall grant The Company’s employees and self-employed agents’ access to The Premises at arranged times for the purpose of carrying out works specified.

(b) In the event The Company’s employees or agents cannot gain access to The Premises or carry out works as specified and is the fault of The Purchaser and The Company has to abort the works on the arranged day expenses will be charged to The Purchaser.

4. A delivery date is given by The Company to The Purchaser will be taken as estimate and is given in good faith. For the avoidance of doubt time shall not be of the essence unless agreed in writing by The Company or The Purchaser.

5. In the event of a fault occurring, The Purchaser must mitigate any cost incurred by refraining from carrying out any decoration or other works to the installation areas until the faults have been corrected by The Company.

6. The Company guarantees to repair or replace free of charge any section of The Product supplied and installed by The Company which proves defective as a result of faulty materials within the guarantee period. The guarantee does not extend to: –

(a) Minor imperfections in The Product.

(b) Damage or faults due to accidents, misuse or neglect by The Purchaser.

(c) The removal and/or repositioning of The Product, or part/section of The Product carried out by persons other than the employees or duly authorised representative of The Company.

(d) The Company cannot be held responsible for any rotting timbers i.e. rafters, roof plates or any connecting joists – any repairs to these items will be subject to additional costs.

(e) Rectifying any collection of water which is a result of the flat roof on The Premises. For the avoidance of doubt, any such collection of water pooling is not considered a defect and/or will not be detrimental to the performance of The Product and does not affect the guarantee provided to The Purchaser.

(f) Cracks and minor damage to any ceiling immediately below any roof installation is sometimes unavoidable. The Purchaser must acknowledge that any such ceiling damage may necessitate redecoration but The Company shall not be responsible for the cost of such decoration.

(i) The Purchasers successors in title unless this is agreed in writing by The Company. Any such transfer is subject to a satisfactory survey of The Product and a survey fee and transfer fee will be applicable.

7. When there has been any new building work carried out and is internal.

(a) it is accepted within the building industry there generally a settlement time. This is because concrete, bricks, timber, plaster and other materials will have absorbed water during construction.

(b) You may not be aware of it and it will cause no harm, but it does take a period of time to evaporate.

(c) As these areas are lived in and heated, timber and other materials will shrink and this can cause plaster cracking to wall and ceiling finishes.

(d) Cracks and gaps may appear at joints and corners of skirting boards and other interior joinery.

(e) These cracks are not deemed to be structurally significant and can be put right in the process of redecoration. However, because such cracking is sometimes inevitable and accepted within the building industry, High-Tech Membrane Roofing Lid are not required to rectify them.

8. (a) Payment of the total price agreed less any deposit shall be payable to The Company immediately upon completion of the Installation of The Product. The Purchaser shall not deduct or set off any amount against the total balance due (other than deposit).

(b) If an extension of payment is agreed, this must be in writing by The Company at the time or before any order is confirmed. If The Company has agreed with The Purchaser an extension of payment it is agreed the date of payment on the Company invoice will be due immediately on this date.

(c) Without prejudice to any other rights of The Company upon failure by The Purchaser to pay the outstanding balance when it becomes due for payment, a 5% fee to maximum of £1000.00 of total balance will be added to the account, This will be notified to The Purchaser in writing and email if applicable, failure by The Purchaser to pay the full balance inclusive of the late payment fee within 7 days will result in the file being handed to The Company’s Solicitors, all legal fees will be added to The purchaser’s account. If necessary court action will be taken and then the account will be passed to collection agents, this will result in all further costs being added to The Purchasers account for collection. The collection agency will notify The Purchaser of all further costs in advance.

(d) Notification of any minor repairs or adjustments which may be necessary after the date of completion of the installation shall not be a good reason for withholding payment of the outstanding balance due to The Company.

9. (a) The Company’s quotation and agreed price is based upon the work as foreseen at the time of quotation and roof survey.

(b) If the installation works have commenced and The Company find unforeseen problems that could not be determined on a roofing survey The Company will immediately quote for these extra works to be carried out for The Purchaser.

(c) The Purchaser has the right to obtain further estimates or advice from a third party, in this event The Company will suspend works until all remedial works are completed allowing The Company to complete the installation.

(d) In the event there that works are suspended The Company will require payment for works carried out up to the point suspension. This will be minimum of 50% of The Contract value.

10. The company shall not be held liable to The Purchaser for any economic or financial loss or damage (including without limit any loss of profits, loss of revenue, liabilities incurred by The Purchaser to third parties relating to The Product, additional expenses incurred or the cost of time spent) or any consequential or indirect or special loss or damage, costs, expenses or other claims for consequential compensation whatsoever incurred or suffered by The Purchaser.

11. There is no cancellation period relating to a confirmed order. Should the Purchaser wish to cancel a confirmed order the total price will immediately become due for payment as to clause 7.

12. The Purchaser shall be responsible for ensuring in writing planning permission, building regulation approval and any other consents of local authority are obtained prior to installation. The Company accepts no liability whatsoever for any breaches by The Purchaser regarding any form of planning consent required.

13. All guarantees are released only on full settlement of account.

14. (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATION 2013

(a) Subject to clause (13) b The Purchaser named overleaf has the right to cancel The Contract hereby made to High-Tech Membrane Roofing Limited within 14 days from the date of The Contract (see overleaf).

(b) The cancellation provisions contained in clause (a) above shall not apply to any Purchaser who trades in the usiness capacity including a Firm, Company or Corporation.

(c) The Purchaser may exercise the right of cancellation by recorded mail to The Company address as in clause 1(a) made for the attention of The Legal Department. A covering letter or by the use of the cancellation slip below is acceptable. The Company will accept an email as notification of cancellation.

(d) In the event of a cancellation on the part of The Purchaser which does not confirm with these conditions The Purchaser becomes immediately liable to compensate The Company by the full value of The Contract.

(e) The Company may carry out a further survey of the roof before the cancellation period has expired and this will have no effect on the cancellation period.

(f) Should time be the essence of The Contract and works are required to start before the 14 days have elapsed then a disclaimer must be written and signed by The Purchaser on the front of The Contract.

(g) The Company may carry out a further survey of the roof before the cancellation period has expired and this will have no effect on the cancellation period.

(h) If the Purchaser requests The Company to make a temporary repair or install waterproof tar pooling before the 14 days have expired then a disclaimer must be written and signed by The Purchaser on the front of The Contract.

14. (a) The Company may exercise its right to cancel The Contract due to unsatisfactory survey following a sales representative site visit. Should The Company need to exercise these rights The Purchaser will be notified with the reasons why within a period of 14 days after survey.

(b) Upon cancellation of The Contract by The Company any deposit paid by The Purchaser will be subject to full refund.

(c) In the event The Company find there to be extra work required on survey and this work is not shown on the face of The Contract and no charge has been made The Company will re-estimate the cost for The Purchaser. The Purchaser is under no obligation to pay any extra unforeseen cost and can cancel The Contract without any penalty and any deposit paid by The Purchaser will be subject to a full refund. This does not extend to under decking where the cost is shown on the face of The Contract.

(d) The Company’s quotation and agreed price is based upon the work as foreseen at the time of quotation and roof survey. If the installation works have commenced and The Company find unforeseen problems that could not be determined on a roofing survey The Company will immediately quote for these extra works to be carried out for The Purchaser. The Purchaser has the right to obtain further estimates or advice from a third party, in this event The Company will suspend works until all remedial works are completed allowing The Company to complete the installation. In the event there that works are suspended The Company will require payment for works carried out up to the point suspension. This will be minimum of 50% of The Contract value.

(e) The Company will not guarantee The Product installed to existing chipboard under decking nor any type of under decking showing signs of fatigue, if The Purchaser does not agree to an under board cost then The Company will not be able to offer any guarantee. In some cases it is impossible to remove an existing covering due to the way it is bonded to the existing under decking without causing damage and new boarding will be required.

15. All goods remain the property of The Company until payment is received in full.

Complete, detach and return this portion of the form ONLY IF YOU WISH TO CANCEL THE CONTRACT

To: High-Tech Membrane Roofing Ltd. Linden House, 30 Linden Road, Benfleet, Essex SS7 4BA.

I/we (delete as appropriate) hereby give notice that I/we wish to cancel my/our contract.

PRINT NAME ……………………………………………………………………………… SIGNED ……………………………………… DATE …………………….

ADDRESS …………………………………………………………………………………………………………………………………………………………………

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