Terms & Conditions

ORDERS ARE ACCEPTED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:


1. No quotation or quotation is given by us (JPA Roofing & Leadwork Ltd, hereinafter referred to as the
Company) constitutes an offer but is an invitation to treat, and is subject to the Company’s right to
withdraw or amend it without notice. All orders based on this quotation are subject to acceptance in
writing and no works will commence without a written order accepted by ourselves. Unless stated to
the contrary this quotation has been based on material, labour, plant and equipment prices at the
date of the quotation, any subsequent increases in these costs will be charged. This quotation is open for
acceptance for a period of 3 months from the date of a tender unless an extension is specifically
agreed by ourselves.


2. Interest will be charged at 2% per month or part of a month on overdue accounts. This is limited to no more than 3% above Bank of England base rate (on an annualised basis).


3. No discrepancy in our account will be accepted as a reason for withholding payment on the due
date and the right of title to all materials supplied remain the property of the Company or their
successors until paid for in full. Materials and goods delivered to the job or site will remain the
company’s property until they are either fitted by the company or paid for by the customer who will
be responsible for their safe custody and for all loss or damage until the contract is completed. All
surplus materials are the Company’s property and will be removed from the site on completion.

4. ​(‘RoT, ‘Romalpa clause’ or ‘reservation of title clause’) ​The company remains the owner of any goods
until the balance of materials is cleared.


5. The Customer shall not assign the contractual rights and obligations without the written consent of
the Company, who also reserved the right to subcontract sections of the Works as may be necessary.

 

6. The Company reserve the right to refuse to accept cancellation of an order where they have
placed specific orders for materials or services required. Subject to any consumer statutory cancellation rights

 

7. The words “Provisional” where used in this quotation indicate the amount included therein to
budget for a specific item of work and this quotation is subject to adjustment by substituting for the

provisional amount the value of the work carried out as notified by the Company to the Customer or
at Day work rates plus percentage additions quoted by the Company.


8. The value of any variations to the work included in this quotation ordered by the Customer either
verbally or in writing or confirmed by the Company, whether by addition, omission or substitution of
any work shall be added to or deducted from the prices stated in the quotation. No contract charges or
claims will be accepted unless agreed by us in writing.


9. Copyright in all specification descriptions, quantities, prices, rates, drawings, designs, catalogue
and other literary works described in this quotation vest in and remain the property of the Company
and the Customer has not entitled themselves or to authorise any person or firm to reproduce all or any
part. Whilst every effort is made to be accurate the Company cannot be held liable for any technical
information or advice is given at any time, nor for any design responsibility unless the Customer shall
have informed the Company in writing and that the Company have accepted such stipulation.


10. The Company are fully insured against accidental damage to property and injury to persons.
Irrespective of those insurances the existing structures together with the contents thereof owned or
controlled by the Customer or for which the Customer is responsible, and the Works together with
all unfixed materials, goods and items delivered thereto, placed on or adjacent to the Works and
intended, therefore (except plant, tools and equipment) shall be at the sole risk of the Customer as
regards loss or damage by theft, fire, lightning, explosion, storm, tempest, flood, bursting or
overflowing tanks, apparatus or pipes, earthquake, aircraft and any other aerial devices or articles
dropped therefrom, riot and civil commotion. The Customer shall maintain adequate insurance
against such risks and shall send a copy of this quotation, together with the conditions thereon to his
insurers as advice that building works are being carried out on his property and shall make available
such evidence of insurance to the insurance brokers of the Company.


11. The Company cannot be held responsible for any damage caused by the movement or vibration
to ceilings or soffits and to areas where internal finishes are fixed to structural members or timbers
supporting our work. The Company do not accept responsibility for any deterioration or damage to
rainwater gutters and pipes which are already defective. Furthermore during the removal of roof
claddings inevitably dust and debris will fall into the loft space beneath. The Customer is responsible
for removing or protecting stored articles and possessions prior to commencement of the Works as
we cannot be held responsible for the soiling which occasionally can occur under such
circumstances.
During the course of roofing works the Company will use its best endeavours to ensure that the
building will be kept watertight, however, from the very nature of the work involved it is not
possible under severe or sudden adverse weather conditions to guarantee the exclusion of water

through a roof which is temporarily open or an overnight seal. Customers are, therefore, advised to
make provision for protecting decorations and furniture and to remove any sensitive equipment
which is likely to be exposed to possible water penetration in such an area to minimise any possible
damage. The Company cannot accept liability for any consequential loss arising from failure to take
these precautions. This does not apply where damage is caused by our own negligence


12. Whilst reasonable precautions will be taken the Company cannot be held responsible for any
damage caused to lower roofs, and additions over which we are required to work, nor for any
damage to garden plants, shrubs, ornaments and the like. The Company reserve the right to request
the Customer to remove or have removed at their own expense areas of sheeting or glazing, and to
remove or otherwise protect anything as may be necessary to facilitate the erection of scaffolding or
the safe progress of the work. This does not apply where damage is caused by our own negligence.


13. Scaffolding and mechanical hoisting facility to be erected including the obtaining of all necessary
statutory and bye-law consents under the regulations in accordance with the Health and Safety
Regulations and Public Highway Regulations. The Company cannot be held responsible for accidents
or injury to any persons through the unauthorized use of or alterations to the scaffolding and
hoisting facility.


14. Power and fresh water supply to be made available if necessary free of charge for the use of
power tools etc and for the mixing of building materials or for any other purposes to execute and
complete the Works.


15. The dates agreed for commencement and completion are subject to alteration in the event of
delays occurring through inclement weather, strikes or lockouts affecting the Building Industry,
additions or variations to the Works described in this quotation or any causes beyond the control of
the Company and such extension of time as may be reasonably allowed shall be without penalty. All
quotations are subject to materials and labour being available when required. Time shall not be
essence of any contract with a Customer, and any delivery or completion dates are quotations given
for information only and the Company will not be bound by such.


16. Unless stated otherwise, this quotation does not include the cost of provision by the Customer of
sanitary convenience required under the Health and Safety at Works Acts. Where these facilities cannot be made available by the Customer he shall notify the Company accordingly, and the Company may amend
quotation to take account of providing these facilities themselves.


17. The Customer is responsible for providing adequate and safe storage for materials adjacent to
the working areas and for the safe custody of materials until fitted. Once our materials have been fully
and finally fitted the Customer is responsible for the protection and the cost of any damage or
replacement caused by circumstances beyond the control of the Company. Where a driveway or
other hard standing area exists this is to be made available by the Customer for the parking of a skip
waste container. Materials and goods will be delivered by us on public or private roads which we
assume to be adequate to receive the load unless informed by the Customer in writing to the
contrary.

18. Samples submitted for approval will show substance and general character only. No guarantee
can be given regarding colour.


19. All guarantees on materials as issued by the manufacturers will be passed on to our Customers.


20. Where the acceptance of this quotation results in a Sub Contract order to the Company from a main Contractor then these terms and conditions will form part of that Sub-Contract order. No other
terms and conditions expressed or implied by the Main Contractor will be accepted unless so agreed
to in writing by the Company. In the event of the Main Contract being the JCT Form issued by the
Joint Contracts Tribunal the Company will accept a Sub-Contract order in the form of Domestic Sub-
Contract DOM/1 approved by the Building Employers Confederation and the Federation of
Associations of Specialist Sub-Contractors unamended without insertion of onerous conditions and
embodying the terms and conditions of this quotation so far as they apply, and which will take
priority In the event of inconsistency.


21. In the event of determination for breach of obligations by the Customer or for any other reasons
beyond the anticipation or control of both parties, the Company shall be paid by the Customer as
provided for within these terms and conditions.


22. As per our complaints policy. In the event of a dispute between the Customer and the Company then each party shall give the notice in writing of such dispute which shall be referred to Arbitration with a request to concur the appointment of an Arbitrator nominated by the President of the Royal Institution of Chartered Surveyors. The award of the Arbitrator shall be final and binding on the parties including any order
for costs.


23. Every contract to which these conditions apply shall be construed and operate as an English
contract and in accordance with English law.

Guarantee

1. Should any defects due to faulty workmanship on a new tiled or slated roof with associated lead
work or metalwork within 10 years, or within 5 years in the case of a new felt or asphalt roof, such
defects will be made good by the Company free of charge. In the event of a claim under the
Guarantee, the original quotation together with the receipted final invoice must be produced as
evidence by the Customer.


2. All materials used will be in accordance with current British Standard Specifications where
applicable and the benefit of any special manufacturer’s guarantees will be made available to the
Customer.


3. The above guarantee expressly excludes defects caused by building movement, inherent faulty
design, extreme weather, subsequent alteration or modification to the new roof and supporting
structure, aerials and satellites, traffic across the roof, or other conditions beyond the control of the
Company.


4. Once all work is completed if access to the roof is over the standard 2 story property height and
cannot be accessed safely from to standard triple ladder, then all further access by means of
scaffolding will need to be paid for by the property owner.


5. The guarantee does not take effect until full and final payment has been received and commences
from the date of the presentation of the final account

THIS GUARANTEE IS VOID IF ANY ROOF IS:

Damaged due to negligence, abuse, misuse, accident, modification, tampering, alteration, and/or acts of God. Modified or repaired by other than JPA Roofing & Leadwork Ltd.

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