Introduction

Welcome to Bondright Roofing. These Terms and Conditions govern all services provided by our roofing company. By engaging our services, you agree to these terms.

‘The Company’ shall mean Mercurial Systems Limited trading as Bondright Roofing Services.

‘The Customer’ shall mean the signatory(ies) to this Contract and/or the person(s) who initially made contact.

‘The Services’ shall mean all works undertaken by the Company for the Customer.

‘Contract Price’ shall mean the price as quoted by the Company and agreed by the Customer together with the price of all additional work carried out by the Company for the Customer.

‘The Installation’ shall mean all goods and services supplied by the Company to the Customer.

‘Variation’ shall mean goods and services supplied by the Company wholly or partly or in addition to those quoted and agreed as stated overleaf.

‘Extras’ shall mean additional goods and services supplied by the Company at the request of the Customer or required in order to expedite the works.

‘Quotation/Estimate’ shall mean appropriate judgement of value of cost of works.

‘Contractors’ shall mean any external company or self-employed operator hired by us to work on one of our projects.

The Customer acknowledges that the Company is not engaged to provide consultancy services to diagnose and prescribe remedies to problems of building structure and design.

1) This Contract shall constitute the whole agreement between the Company and the Customer. Variations or amendments shall only be binding in writing and signed by an authorised representative of the Company. This does not include extra works.

2) The Company hereby agrees to provide the goods and services stated in this Quotation at the Contract Price. Should the Company find during the execution of works that the Contract cannot be properly undertaken due to the state or condition of the Customer’s property, then the Company shall have the right to terminate the agreement with immediate effect on terms that the Customer shall be liable to pay the Company the cost of the Goods and Services already supplied by the Company at the Contract Price, including Variations and Extras in order for the Company be able to properly perform the Contract. The price of such Variations and any Extras shall be an additional cost to the Customer and will be due for payment to the Company with all monies due for all works previously quoted.

3) The Customer shall permit the Company, its Servants or Agents such access to the property that the Company reasonably requests for the purpose of surveying, installing and inspecting the works and shall also provide free of charge to the Company during the Installation a storage area for the Company’s materials as well as 110/240 volt electric power and water. Furthermore the Customer will not interfere with the work of the Company, its Servants or Agents during the Installation period. If the Customer fails to permit the Company sufficient access for the Company to complete its contractual obligations the Company shall be entitled to treat the contact as repudiated and shall be entitled to receive from the Customer the Contract Price or reasonable losses in relation to the contracted works at the Company’s discretion.

4) The Company shall use its reasonable endeavours to adhere to any delivery and Installation period quoted insofar as it is able but time shall not be of the essence and the Company shall not be responsible for any loss or damage sustained by the Customer by reason of any estimated delivery Installation or completion or other date quoted not being adhered to. Prices quoted bear no direct relation to time spent on site, but to costs of overall labour, materials and other factors. The Company shall not accept time constraints placed upon the Company by Customers in terms of time to be taken on proposed works. It is not the policy of the Company to offer a breakdown of costs.

5) The Company shall not be liable in respect of any loss damage or delay which may be caused by factors outside the control of the Company such as adverse weather conditions or staff illness or sickness or injury to the Company’s workforce prior to or during the Installation or factors that could not have been reasonably foreseen by the Company at the time of entering into the Contract. Due to inclement weather, setbacks may occur affecting the work programme, thus causing delays in the start / finish of works or start dates given.

6) The Company reserves the right to provide equivalent products to those named in the Quotation should weather conditions and/or temperatures render the original choice unsuitable.

7) During the Installation the Company will use its reasonable endeavours to keep the Customer’s buildings and possessions in a weatherproof state but by reason of the nature of the works undertaken by the Company, the Company cannot take responsibility for damage to the Customer’s buildings or possessions by ingress of water or wind unless a temporary roof is installed prior to the Contract’s commencement at the Customer’s expense. It is the Customer’s responsibility to protect the contents of their property which maybe underneath or in the vicinity of the Installation during the course of the Installation.

8) Any requirements or matters relating to ventilation of roof spaces would be an Extra cost; should Customers have queries relating to this they should be brought to the Company’s attention prior to works as it is not the responsibility of the Company to provide ventilation unless specifically requested to do so. FLAT ROOFING WORKS - The replacement of any necessary decking is an extra cost to the Customer per 8’ x 4’ x ¾” external plywood sheet fixed to existing falls. Any defective decking that would require replacing may not be detectable until the membrane is removed and the existing decking exposed. ‘Ponding’ on flat roofs is not uncommon and will not be cured by re-roofing; however, it will not affect the waterproofing ability of the new membranes. The remedy is a costly and unnecessary process as the membranes used are totally impervious to water ingress, however the Company can provide an additional Quotation/Estimate for this if the Customer requests. Some old membranes are so well stuck as to be impossible to remove without damaging the existing decking – in this situation the Company would prepare and use the existing membranes as a base layer and apply our specified system on top.

9) Where the Company undertakes temporary repairs, or a repair of a temporary nature, this would not be guaranteed. Once the temporary repair has been expedited, if the Customer does not accept the Quotation for the long-term works to be carried out, the temporary repair is to be charged for accordingly.

10) The Customer acknowledges that small cracks or loose plaster necessitating redecoration may occur in any ceiling or wall immediately below any roof installation and the Company shall not be responsible for the cost of redecoration or any repair works. Damage caused to property i.e. walls/ceilings/aerials/ satellite dishes/cables etc during any works may be inevitable and, whilst every precaution is taken, the Company will not be held responsible for any costs relating to this. When re-roofing and/or installing skylights, ceilings and walls may become damaged due to movement and the Company will not be held responsible for or bear any costs relating to this.

11) A deposit of 50% of the Contract Price is required for proposed works over the value of £1,000 including VAT at the current rate, at the Company’s discretion. Deposits are to be paid to the Company where requested no later than 7 days prior to the commencement of the works. On completion of the Installation the Company shall issue the Customer with an invoice and the Customer shall pay the Contract Price less any deposit already paid – due on the day of completion, or as otherwise agreed. The invoice shall also contain the price of any agreed Variations or Extras. For the avoidance of doubt the Customer shall not be entitled to refuse payment of the invoice of the main Contract Price only on the grounds that they dispute the invoice for the inclusion of any Variations or Extras.

12) The Customer shall pay contractual interest at the current rate per month for late payment of the monies due in respect of invoices delivered by the Company to the Customer from 7 days after issuing. Where an insurance claim is involved, the Contract shall be held with the Customer and payment will be the responsibility of the Customer, who should ensure that full funding is available in advance of the commencement of works, without relying on insurance payout to settle the invoice.

13) Value Added Tax at the current appropriate prevailing rate shall be payable on all monies due from the Customer to the Company pursuant to this Contract.

14) The Customer acknowledges that any insurance-backed guarantees will be issued directly by the insurance company within their own time scale and that the Company has no influence regarding this matter. For the avoidance of doubt this guarantee shall not be formally binding upon the Company until all monies due to the Company have been received by the Company.

15) The Company reserves the right to suspend/cancel any Contract at the Company’s discretion without prior notice – such as in the event that any sum due by the Customer to the Company shall be outstanding and unpaid or otherwise on the due date until such time as the sums in question are paid. The Company shall not be liable for any loss or damage incurred or suffered by the Customer who shall indemnify the Company in respect of all losses and costs, which the Customer may suffer or incur as the result of such suspension.

16) All goods and materials supplied in any Contract shall remain the property of MERCURIAL SYSTEMS LIMITED t/as Bondright Roofing Services until paid for in full. Any materials removed, eg. existing lead flashings, are to be retained by the Company unless prior agreement has been made between the Company and the Customer.

17) The Company reserves the right to pass on any unforeseen price increases for goods as estimated by the Company after the Quotation has been provided to the Customer as incurred from the supplier. The Customer has the right to cancel the Contract using the Notice of Right to Cancel Form, providing the works have not been commenced, should the price rise significantly.

18) The Customer is responsible for obtaining all necessary permissions and approvals by Building Control for any specific Regulations and the like prior to carrying out any of the works. Should there be any requirements by Health & Safety Officers, eg scaffolding, barriers etc, in addition to any included in the Contract specification herewith, these are to be provided by Customer or charged as an additional cost. The scaffolding contractor, not Bondright Roofing, shall be held responsible for any damage caused to property by any scaffolding used or appointed on behalf of the Customer and is also responsible for ensuring erected scaffolding meets current Health & Safety requirements. Should any surveyors or likewise be appointed to inspect the works or oversee the works, this to be agreed prior to commencement of works including any conditions. If a request for a site visit is made by a Customer, either during works in progress or after completion, not of our choosing – we reserve the right to make extra charge(s) to the Customer. We would not be liable for any charges incurred by the Customer from any outside or third parties. Should the Customer appoint a person to represent the Customer eg, a managing agent or surveyor etc, the Company would only deal with the appointed person(s) and not with any further intervening third parties, without our prior consent.

19) The Customer is responsible for informing the Company should the property be Graded or Listed. Should this information not be disclosed to the Company and a Quotation submitted and works instructed/executed, the Customer acknowledges additional costs may be involved. Should we encounter an impediment by wildlife, such as rodents, birds, wasps, or similar, which prevents us from undertaking works, we reserve the right to charge the Customer for losses incurred by the Company.

20) Any photographs taken/provided by The Company are for the purpose of reference for our Quotation/proposal and not for the Customer to use freely. The Customer acknowledges photographs may not represent the works area. Should a request be made specifically to take photographs once works are complete, we reserve the right to charge the Customer a fee for our attendance. The Customer does not have the right to refuse payment on the basis of not being provided with photographs from the Company. The Company reserves the right to use any images taken of any property for the purposes of marketing. Objections must be made in writing.

21) Retentions will not be accepted by the Company unless agreed in writing prior to the commencement of works. This excludes deposits.

22) Upon acceptance of any Quotation(s) the Customer agrees to the above Terms and Conditions of the Company. All Quotations are valid for 12 weeks. E&OE. The Company reserves the right to amend the validity period of Quotations.

23) Complaints: Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted Trader we use the Dispute Resolution Ombudsman for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact 0333 241 3209 or via their website: http://www.disputeresolutionombudsman.org/which-trusted-traders-partnership/

24) The Customer has the right to cancel this Contract, under the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008 by returning the enclosed Notice of Right to Cancel Form; this applies to all Contracts over the value of £42.

25) Contractors Payment Policy: Payments for contractors and collaborators, including scaffolding services, are made 30 days from the invoice date.