1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Event outside Our Control: is defined in clause 13.2;
Goods: the goods that We are selling to you as set out in the Order;
Order: your proposed order for the Goods and/or Services, as set out in any quote or estimate we deliver to, or leave with, you;
Premises: means the address where the Services will be undertaken and the Goods installed;
Services: the services that we are providing to you as set out in the Order;
Terms: the terms and conditions set out in this document; and
We/Our/Us: Anglia Roofline Company Limited (registered company no: 04695475) whose registered office is at 20, The Street, Lenwade, Norwich, NR9 5SD
1.2 When we use the words “writing” or “written” in these Terms, this will include e-mail unless we say otherwise.
- OUR CONTRACT WITH YOU
2.1 These are the Terms on which we supply Goods and/or Services to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order (as supplemented by these Terms) are complete and accurate. If you think that there is a mistake or require any changes, please contact Us to discuss. We will usually confirm any changes in writing to avoid any confusion between you and Us.
2.3 When you indicate acceptance of the terms of the Order to Us (including by paying any deposit that we have requested), this does not mean We have accepted your order for Goods and/or Services. Your acceptance of the terms of the Order instead constitutes an offer to enter into a contract with us on the terms of the Order (as supplemented by these Terms and any other terms agreed by us in writing). Our formal acceptance of the Order will take place only as described in clause 2.4, at which point a contract will come into force between you and Us in accordance with these Terms. If We are unable or unwilling to supply you with the Goods and/or Services for any reason, We will inform you of this (usually in writing) and We will not process the Order.
2.4 The remainder of these Terms will become binding on you and Us when We contact you in writing to tell you that We are able to provide you with the Services and/or the Goods, normally by way of an acceptance email.
2.5 We will normally assign an order number to your Order and inform you of it when We confirm your Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
2.6 The samples of the Goods that we demonstrate and images of the Goods on Our website and in any catalogue or brochure are for illustrative purposes only. Although We have made every effort to display the colours. Style. and material accurately, We cannot guarantee that the samples and the printed pictures accurately reflect the colour or material of the Goods.
2.7 These Terms, along with the contents of the Order, constitute the full terms of the contract between us. No other terms may be incorporated into our contract unless they are agreed by you and Us in writing. These Terms may not be amended unless agreed by us in writing.
- CHANGES TO ORDER OR TERMS
3.1 We may revise these Terms from time to time to reflect changes in relevant laws and regulatory requirements.
3.2 If we have to revise these Terms under clause 3.1, we will give you at least one month’s written notice of any changes to these Terms before they take effect. In these circumstances you may be able to cancel the contract in accordance with clause 14.2(c).
3.3 You may make a change to the Order for Goods and/or Services within one week of placing an Order by contacting Us (this does not affect your right of cancellation, which is contained in clause 14). Where we require a change in the total price of the Goods and/or Services to reflect the change, We will notify you of the amended price in writing. In these circumstances you may be able to cancel the Order in accordance with clause 14.
3.4 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 14.
4.1 The Premises will normally be surveyed by Our surveyor within a reasonable period after the date of our acceptance of the Order, taking into account factors such as the availability of Our surveyor and your availability. You must afford Our surveyor all necessary assistance and access to the Premises in order to carry out this survey. The survey is for the sole purpose of ascertaining the feasibility of the Services and the suitability of the Goods. The survey will not be construed as a general or structural survey of all or any part of the Premises and cannot be relied upon as such.
4.2 Notwithstanding clause 3, we will notify you in writing of any change to the Order we believe necessary due to the results and findings of the survey. You must indicate acceptance of any change proposed by Us within seven days of being notified otherwise we will be entitled to assume that such change has been accepted once we have commenced any work.
4.3 Notwithstanding clause 15, we will have the absolute right to cancel the Order on the basis of the results and findings of the survey. If you have made any payment in advance of Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts to you.
- DELIVERY OF GOODS
5.1 Please note that timescales for delivery will vary depending on the availability of the Goods and your address.
5.2 We will contact you with an estimated delivery date. Occasionally, Our delivery to you may be affected by an Event Outside Our Control. See clause 13 for Our responsibilities if this happens.
5.3 The risk in the Goods willl pass to you on completion of delivery.
5.4 You will own the Goods only once We have received payment for them in full.
- IF THE GOODS ARE FAULTY
As a consumer, you have legal rights in relation to Goods that are faulty or not as described. We are under a legal duty to supply Goods that are in conformity with this contract. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect those legal rights.
- THIRD-PARTY MANUFACTURERS’ GUARANTEE OF GOODS
7.1 The Goods normally come with a manufacturer’s guarantee. For details, please refer to the manufacturer’s guarantee provided with the Goods on completion and full payment of the Order.
7.2 This guarantee is in addition to, and does not affect, your legal rights in relation to any Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- SELLER’S GUARANTEE OF GOODS
8.1 Upon full payment of any sums owed by you to Us, we guarantee that on delivery and for a period of ten years from delivery, the Goods will be free from material defects. However, this guarantee does not apply in the circumstances described in clause 8.2.
8.2 This guarantee does not apply to any defect in the Goods arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party, or any damage caused by you or a third party;
(c) if you fail to operate, maintain or use the Goods in accordance with any user instructions (see service warranty) or accepted practice;
(d) any alteration or repair by you or by a third party who is not one of Our authorised repairers;
(e) any specification provided by you; and/or
(f) any other exclusion as set out in Our service warranty (provided to you on completion of any related Services).
8.3 We may charge a reasonable fee to cover the time and travel involved in carrying out any inspection required in connection with the above guarantee (including any hire charges), and as a result of any reported material defects in the Goods, such fee being refunded to you in the event that the defect does not arise in connection with, or as a result of, any of the circumstances contained in clause 8.2.
8.4 We will not be responsible for the cost of hire of any access equipment (such as scaffolding) required in accordance with this guarantee.
8.5 This guarantee is in addition to, and does not affect, your legal rights in relation to any Goods that are faulty or not as described. We are under a legal duty to supply Goods that are in conformity with this contract. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- PROVIDING SERVICES
9.1 We will aim to supply the Services to you on any date/s agreed between Us in writing.
9.2 We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 13 for Our responsibilities when an Event Outside Our Control happens.
9.3 We may have to suspend provision of the Services if We have to deal with technical problems (for example (but not by way of limitation) problems with birds nesting, availability of the installation team, additional access requirements etc), or to deal with any alterations agreed between you and Us in relation to the Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. This does not affect your obligation to pay for any invoices We have already sent you.
- IF THERE IS A PROBLEM WITH THE SERVICES
10.1 In the unlikely event that there is any problem with the Services, please contact Us and tell Us as soon as reasonably possible.
10.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
10.3 We will, if a problem is identified with the Services for which we are liable in accordance with consumer law (such as a failure to provide our Services with reasonable skill and care), repair or fix any defect within a reasonable amount of time. We cannot accept any liability for costs you incur with a third party if we are not given a reasonable opportunity to repair or fix any defect in accordance with this clause.
10.4 Claims under our service warranty are also subject to the provisions of clauses 8.2 and 8.3 along with any other provisions, caveats or exclusions contained in the service warranty.
- PRICE AND PAYMENT
11.1 The price of the Goods and/or the Services will be set out in the Order.
11.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods and/or Services in full before the change in the rate of VAT takes effect.
11.3 Where We are providing Goods and/or Services to you, We will ask you to make an advance payment of the price of the Order (normally 10%). Your rights to a refund on cancellation are set out in clause 14. We will invoice you for the balance of the Services on or any time after We have performed the Services. Each invoice will normally quote the Order number. You must pay each invoice in cleared monies within 7 calendar days at the date of invoice by cheque or BACS transfer.
11.4 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
11.5 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 11.4 will not apply for the period of the dispute unless the dispute results in your being required to pay us in full.
- OUR LIABILITY TO YOU
12.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into this contract.
12.2 When We are installing the Goods and/or providing Services in your Premises, We will make good any damage to your Premises caused by our negligence in the course of installation or performance. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your Premises that We discover in the course of installation and/or performance by Us.
12.3 We only supply Goods and/or Services for domestic and private use, unless otherwise confirmed by Us in writing that the Goods and/or Services will be supplied for a commercial premises. You agree not to use the Goods and/or Services for any commercial, business or re-sale purpose, and for the avoidance of doubt We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and/or
(e) defective products under the Consumer Protection Act 1987.
- EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or any delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
13.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
13.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
13.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods and/or Services. Please see your cancellation rights under clause 14. We will only cancel the contract if the Event Outside Our Control continues for longer than three calendar months in accordance with Our cancellation rights in clause 15.
- YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
14.1 Before We begin to provide the Services or the Goods are delivered, you have the following rights to cancel an Order for Goods and/or Services, including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 3.1 to your material disadvantage:
(a) you may cancel any Order for Goods and/or Services within 14 calendar days of placing an Order by contacting Us (unless we have already begun to carry out Services). We will confirm your cancellation in writing to you;
(b) if you cancel an Order under clause 14.1(a) and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts and any delivery charges to you;
(c) however, if you cancel an Order for Services under clause 14.1(a) you will pay Us any costs We reasonably incurred in starting to fulfil the Order (including, by way of example, costs of survey), and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us. However, where you have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us;
14.2 Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:
(a) We break this contract in any material way and We do not correct or fix the situation within 14 days of you asking Us to in writing;
(b) We go into liquidation or a receiver or an administrator is appointed over Our assets;
(c) We change these Terms under clause 3.1 to your material disadvantage;
(d) We are affected by an Event Outside Our Control.
in which case you will be only be liable to pay for Services we have performed up to the date of cancellation.
- OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
15.1 We may have to cancel an Order before the start date for the Services or before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock or (in the case of Services) key personnel or key materials without which We cannot provide the Goods and/or Services. If this happens:
(a) We will promptly contact you to let you know;
(b) if you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts to you;
(c) where We have already started work on your Order for Services, We will not charge you anything and you will not have to make any payment to Us (except where there is an Event Outside Our Control).
15.2 We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
(a) you do not pay Us when you are supposed to as set out in clause 11.3 (this does not affect Our right to charge you interest under clause 11.4); or
(b) you break the contract in any other material way and you do not correct or fix the situation within 7 days of Us asking you to in writing.
- INFORMATION ABOUT US AND HOW TO CONTACT US
16.1 We are a company registered in England and Wales. Our company registration number is 04695475 and Our registered office is at 20, The Street, Lenwade Norwich, NR9 5SD. Our registered VAT number is 750 9242 34.
16.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 01603 872049 or by e-mailing Us at [email protected]
16.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract for services which We have started to provide), you can send this to Us by e-mail, by hand, or by pre-paid post to Anglia Roofline Company Limited at 20, The Street, Lenwade, Norwich, NR9 5SD or [email protected] We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
17.1 We will use the personal information you provide to Us to:
(a) provide the Goods and/or Services or any appropriate aftercare;
(b) process your payment for such Goods and/or Services; and
(c) inform you about similar products or services that We provide, but only if you have agreed that we may do so.
17.2 We will not give your personal data to any third party.
- OTHER IMPORTANT TERMS
18.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
18.2 You may transfer the benefit of our service guarantee to any purchaser of your Premises. You may only transfer your other rights or your obligations under these Terms to another person if We agree in writing.
18.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms. However, the purchaser of your Premises will have the benefit of our service guarantee if you transfer it to them, but We and you will not need their consent to cancel or make any changes to these Terms.
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
18.6 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.