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TERMS AND CONDITIONS
Last Updated: 2nd April 2022
These Terms and Conditions apply to all roofing, roof repair, maintenance, installation, inspection and associated building works carried out by Rooftola (“we”, “us”, “our”) for customers (“you”, “your”).
By accepting our quotation, estimate or invoice, instructing us to carry out work, paying a deposit, or allowing us to commence work, you agree to be bound by these Terms and Conditions.
1. QUOTATIONS AND ESTIMATES
1.1. All quotations and estimates are based on the information, measurements, photographs, inspections and circumstances reasonably available to us at the time of preparing the quotation.
1.2. Unless otherwise stated in writing, quotations are valid for 30 days from the date issued.
1.3. A quotation is based on the visible condition of the property and does not necessarily include defects, damage or conditions that are concealed or cannot reasonably be identified during the initial inspection.
1.4. Where unforeseen or additional works become necessary after work has commenced, including but not limited to rotten timber, damaged roof structures, defective underlay, damaged tiles, defective flashing, hidden leaks, structural defects or other concealed problems, we may provide a revised price for the additional work.
1.5. We will, where reasonably practicable, obtain your agreement before carrying out substantial additional works.
1.6. Where urgent work is reasonably necessary to prevent further damage to the property, we may recommend or carry out reasonable temporary measures, subject to your agreement where practicable.
1.7. Estimates are not fixed-price guarantees unless expressly stated in writing.
2. SCOPE OF WORK
2.1. The work we agree to undertake will be set out in our quotation, estimate, invoice, specification or other written confirmation.
2.2. Roofing projects may consist of multiple separate tasks, repairs, areas or items of work.
2.3. Each task may have its own individual price or value.
2.4. We are not responsible for defects, damage or problems that fall outside the agreed scope of work unless we have expressly agreed in writing to address them.
2.5. Where you instruct us to carry out additional work, that additional work may be treated as a separate task for the purposes of pricing, liability and any applicable guarantee.
3. CHANGES AND ADDITIONAL WORK
3.1. If you request changes to the agreed work, the price and completion time may be adjusted accordingly.
3.2. Additional work discovered during the project will normally be quoted separately.
3.3. Additional work will not automatically be included within the original quoted price.
3.4. Where additional work is required because of concealed defects or conditions that could not reasonably have been identified before work commenced, we reserve the right to charge for the additional labour, materials, equipment and associated costs.
4. DEPOSITS AND ADVANCE PAYMENTS
4.1. Deposits may be used towards the cost of materials, labour, equipment, scaffolding and other costs associated with preparing and carrying out the works.
4.2. Unless otherwise agreed in writing, the remaining balance is payable in accordance with the payment terms stated on the quotation or invoice.
4.3. A deposit does not guarantee a particular completion date where circumstances outside our reasonable control affect the project.
5. PAYMENT
5.1. Payment is due in accordance with the terms stated on the quotation or invoice.
5.2. Unless otherwise agreed in writing, payment for completed works is due promptly upon completion or invoicing.
5.3. We reserve the right to suspend or delay further work where an invoice or agreed payment is overdue.
5.4. If you dispute an invoice, you should notify us promptly and provide reasonable details of the disputed amount and the reason for the dispute.
5.5. You should not withhold payment for work that is completed and not subject to the dispute simply because another unrelated matter is being investigated.
5.6. Where payment remains overdue, we reserve the right to recover reasonable costs associated with pursuing the outstanding payment.
6. ACCESS TO THE PROPERTY
6.1. You agree to provide reasonable and safe access to the property for the purposes of inspection, delivery, preparation and completion of the works.
6.2. If access is not available at an agreed time, additional costs may arise, including wasted labour, delivery charges, equipment hire or rescheduling costs.
6.3. We will not be responsible for delays caused by the customer's failure to provide reasonable access.
7. CUSTOMER RESPONSIBILITIES
7.1. You are responsible for informing us of any known hazards or circumstances that may affect the safety or performance of the works.
7.2. This includes, where known, asbestos or suspected asbestos, structural defects, previous roof damage, hidden services, access restrictions and other relevant hazards.
7.3. You should remove or protect valuable, fragile or sensitive items from areas that may be affected by vibration, dust, debris or water ingress during the works.
7.4. We will take reasonable care to minimise disruption and protect the property, but roofing works can inherently involve noise, dust, debris, vibration and temporary exposure to weather.
8. WEATHER AND DELAYS
8.1. Roofing works are dependent on suitable weather and site conditions.
8.2. We may postpone, suspend or rearrange work where weather conditions make it unsafe or impractical to carry out the work properly.
8.3. This may include heavy rain, high winds, ice, snow, extreme temperatures or other unsuitable conditions.
8.4. We will use reasonable efforts to minimise delays and keep you informed where practicable.
8.5. We will not be responsible for reasonable delays caused by weather, supplier delays, material shortages, access issues, unforeseen defects or other circumstances outside our reasonable control.
9. SCAFFOLDING, ACCESS EQUIPMENT AND PROTECTION
9.1. Where scaffolding, towers, access equipment, temporary roofing, hoists or other equipment is required, the associated costs will be stated in the quotation where reasonably foreseeable.
9.2. Additional equipment may become necessary where unforeseen site conditions arise.
9.3. Scaffolding and access equipment may remain on site for a reasonable period required to safely complete the works.
9.4. You must not alter, dismantle, move or interfere with scaffolding or other specialist access equipment.
9.5. We are not responsible for delays resulting from unauthorised interference with equipment.
10. MATERIALS
10.1. Materials will be supplied in accordance with the quotation wherever reasonably practicable.
10.2. Where a particular product or material becomes unavailable, we may propose a reasonably suitable alternative.
10.3. Where you supply materials, we cannot be responsible for defects arising from those materials.
10.4. We may advise you if customer-supplied materials appear unsuitable, defective or insufficient, but responsibility for the suitability of customer-supplied materials remains with you unless we have expressly agreed otherwise.
10.5. New roofing materials may not exactly match existing materials due to differences in age, colour, weathering, manufacturing batches and availability.
11. EXISTING AND HIDDEN DEFECTS
11.1. Roofing structures can contain defects that cannot reasonably be identified during an initial inspection.
11.2. These may include, without limitation:
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Rotten or damaged timber
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Structural defects
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Defective underlay
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Hidden leaks
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Damaged battens
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Defective flashing
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Damaged insulation
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Defective gutters or drainage
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Previous poor workmanship
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Movement or settlement
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Defective adjoining structures
11.3. We are not responsible for pre-existing defects or deterioration that was not caused by our work.
11.4. Where our work exposes an existing defect, we will, where reasonably practicable, inform you and may recommend additional remedial work.
12. LEAKS AND WATER INGRESS
12.1. Roofing systems are interconnected, and water may enter through areas unrelated to the particular repair being carried out.
12.2. A repair to one identified area does not necessarily guarantee that all existing or future leaks will be eliminated.
12.3. Where the source of a leak cannot reasonably be identified before work commences, further investigation may be required.
12.4. Where a leak continues after a repair, this does not automatically mean that the original repair was defective, particularly where there are multiple possible sources of water ingress.
12.5. We will, where appropriate, investigate reported leaks and advise you of any further work that may be required.
13. WORK
13.1. We are not responsible for defects caused by:
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Pre-existing conditions
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Customer-supplied materials
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Subsequent works carried out by others
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Accidental or third-party damage
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Lack of maintenance
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Misuse
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Unauthorised alterations
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Extreme weather
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Structural movement
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Defects outside the agreed scope of work including any works carried out free of charge.
14. DISCOUNTS, REDUCED PRICES AND FORMAL GUARANTEES
14.1. Where we agree to apply a discount, reduction or other price concession to the original quotation or estimate, the discounted price will become the agreed price payable for the works.
14.2. Unless expressly confirmed otherwise in writing by us, where a discount or price reduction is applied to the original quotation or estimate, no separate formal workmanship guarantee or extended works guarantee will be provided for the discounted works.
14.3. A discounted price therefore represents a commercial agreement under which the works are carried out at a reduced price without the benefit of our usual separate formal workmanship guarantee.
14.4. Any manufacturer's warranty applicable to materials supplied may remain available, subject to the manufacturer's own terms, conditions and exclusions.
14.5. If we specifically provide a written guarantee despite a discount having been applied, that written guarantee will take precedence over this clause to the extent of the specific guarantee provided.
15. GUARANTEES AND WARRANTIES
15.1. Where a formal workmanship guarantee is provided, its duration, scope and conditions will be stated in writing.
15.2. Any guarantee applies only to the particular work, task or materials expressly covered by that guarantee.
15.3. A guarantee does not cover damage caused by circumstances outside our control, subsequent alterations, third-party works, accidental damage, lack of maintenance, extreme weather or unrelated defects.
15.4. A guarantee relating to one task does not automatically extend to other tasks or areas of the property.
15.5. Any manufacturer's warranty is subject to the manufacturer's own terms and conditions.
16. LIABILITY AND CLAIMS — INDIVIDUAL TASK BASIS
16.1. Where a claim or liability arises in relation to a particular roofing task, repair, service, area or item of work, any contractual liability limit shall be assessed by reference to the value paid or payable for that particular affected task, repair, service, area or item of work, and not automatically by reference to the total value of the entire project.
16.2. Where a project consists of several separately priced or identifiable tasks, a complaint or claim relating solely to one task will not automatically entitle the customer to recover the value of the entire project. Any tasks carried out free of charge to the customer means claim and liability £0 for that particular task.
16.3. For example, if a project contains five separately identified roofing tasks and an issue arises solely in relation to one of those tasks, any applicable contractual liability limit will be considered by reference to the value of the affected task rather than the combined value of all five tasks. Any tasks carried out free of charge to the customer means claim and liability £0 for that particular task.
17. CONSEQUENTIAL AND INDIRECT LOSS
17.1. To the extent permitted by law, we will not be responsible for indirect or consequential losses that were not reasonably foreseeable at the time the contract was entered into.
17.2. This may include losses arising from circumstances outside the agreed scope of our work.
18. DAMAGE CAUSED BY THIRD PARTIES
18.1. We are not responsible for damage caused by other contractors, tradespeople, occupants, visitors or third parties before, during or after our works.
18.2. If another contractor subsequently alters, repairs or interferes with our work, any applicable workmanship guarantee may be affected or become invalid to the extent permitted by law.
19. CUSTOMER REQUESTS TO STOP OR ALTER WORK
19.1. If you instruct us to stop work after materials, labour, scaffolding or other services have been arranged or supplied, you may remain responsible for reasonable costs already incurred, subject to your statutory rights.
19.2. If you request changes to the agreed specification, additional costs may apply.
19.3. Any agreed changes should, where practicable, be confirmed in writing.
20. CANCELLATION AND CONSUMER RIGHTS
20.1. If you are a consumer, you may have statutory cancellation rights depending on how and where the contract was entered into.
20.2. Where applicable, information concerning your cancellation rights will be provided separately.
20.3. If you request that work begins during a statutory cancellation period, you may be required to pay for services properly performed up to the point of cancellation, where permitted by law.
20.4. Nothing in these Terms and Conditions is intended to remove or restrict any consumer right that cannot legally be excluded.
21. EMERGENCY AND TEMPORARY REPAIRS
21.1. Emergency roofing work or temporary repairs are intended to reduce or prevent further damage where reasonably possible.
21.2. Temporary repairs are not necessarily permanent repairs.
21.3. Where a temporary repair is carried out, further permanent work may subsequently be required.
21.4. We cannot guarantee that temporary measures will prevent all further water ingress, particularly during severe or prolonged weather conditions.
22. WASTE AND RUBBISH
22.1. Where removal of waste is included in the quotation, once the invoice for the works carried out is paid in full, we will make reasonable arrangements for its disposal.
22.2. Additional waste or materials outside the agreed scope may result in additional charges.
22.3. Hazardous materials, including asbestos or suspected asbestos, are not included unless expressly agreed in writing and carried out using appropriate arrangements.
23. PHOTOGRAPHS AND RECORDS
23.1. We may take photographs of the roof, property and completed works for purposes including inspection, documentation, quality control, insurance records and handling complaints.
23.2. Photographs will not be used for advertising or promotional purposes in a way that identifies your property without appropriate permission.
24. SUBCONTRACTORS
24.1. We may use suitably qualified or experienced subcontractors where necessary to complete the works.
24.2. We remain responsible for the work we have agreed to provide, subject to these Terms and Conditions and applicable law.
25. TITLE TO MATERIALS
25.1. Ownership of all materials supplied by us remains with us until payment for those materials and associated works has been received in full.
26. COMPLAINTS PROCEDURE
26.1. If you have a concern regarding our work, you should contact us as soon as practiablly possible
26.2. Complaints should be made using only the following contact details:
Email: info@rooftola.com
Address: Suite 21-25 Marshall House, 124 Middleton Road SM4 6RW
26.3. We will aim to acknowledge complaints within 5 working days.
26.4. We may require reasonable access to inspect the relevant work before determining whether a defect exists and whether we are responsible for it.
26.5. You agree to give us a reasonable opportunity to rectify any defect for which we are responsible before instructing another contractor to carry out remedial work, except where urgent action is reasonably necessary to prevent significant damage or where applicable law provides otherwise.
27. EVENTS OUTSIDE OUR CONTROL
27.1. We will not be responsible for failure or delay caused by circumstances beyond our reasonable control.
27.2. Such circumstances may include severe weather, flooding, fire, industrial disputes, supplier failures, shortages, transportation problems, government action, unforeseen structural conditions or other unforeseeable events.
27.3. We will use reasonable efforts to minimise the effects of such circumstances and resume work as soon as reasonably practicable.
27.4 We strongly advise asking our roofing team to carry out any roofing works private and without going through the appropriate quoting process with Adam. All work and estimates must be carried out via Adam. Any works carried out as a 'private job' by and of our roofing team are done solely at your own risk and we accept no responsibility whatsoever for any workmanship, liability, risk or claim.
28. TERMINATION
28.1. We may terminate or suspend the contract where you materially breach these Terms and Conditions, including persistent failure to make agreed payments.
28.2. We may also suspend work where continuing would create a health and safety risk or where the property is unsuitable for the agreed works.
28.3. If the contract is terminated, you remain responsible for payment for work properly completed and reasonable costs already incurred.
29. DATA PROTECTION
29.1. We will process personal information in accordance with applicable data protection legislation and our privacy policy.
29.2. Personal information may be used for purposes including quotations, contracts, invoicing, communication, customer service and legal or regulatory requirements.
30. GOVERNING LAW
30.1. These Terms and Conditions are governed by the laws of England and Wales.
30.2. Where you are a consumer, nothing in these Terms and Conditions affects any mandatory rights you have under the law applicable to your circumstances.
31. ENTIRE AGREEMENT
31.1. These Terms and Conditions, together with the quotation, specification, invoice and any written variations agreed between us, form the agreement between you and us concerning the works.
31.2. If there is a conflict between these Terms and Conditions and a specific written term contained in the quotation or agreed specification, the specific written term will take precedence to the extent of the conflict.
31.3. No amendment to these Terms and Conditions will be binding unless agreed in writing, except where we are required to make changes by law.
DO NOT ACCEPT ANY ESTIMATE OR PROCEED TO GO AHEAD WITH AY WORKS UNLESS YOU AGREE TO THESE TERMS AND CONDITIONS. ANY QUERIES AROUND THIS MUST BE SENT ONLY VIA EMAIL info@rooftola.com PRIOR TO ACCEPTING ANY WORKS ESTIMATE.
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