Terms and Conditions

1. General Terms

1. Save where otherwise agreed in writing, the Company shall execute the works on the following terms and conditions, which are incorporated into the contract between the Company and the Customer. Acceptance of the Company’s quotation will signify acceptance of these terms and conditions.
2. The Company shall comply with and give all notices required by any statute, statutory instrument, rule, order, regulation or bye-law applicable to the works and shall pay all fees and charges in respect of the works legally recoverable from it.
3. The Company shall complete the works in accordance with this quotation with due diligence and in a good and workmanlike manner, using materials and workmanship of the quality and standards specified in the quotation.
4. The Company shall use its best endeavours to complete the works within any period specifically agreed in writing between the Company and the Customer. Any such period shall not form the basis of the contract and the Company shall not be liable for delays caused by reasons beyond its reasonable control, including inclement weather, delays in obtaining materials from suppliers, unforeseen site conditions, third-party delays or other circumstances outside the Company’s reasonable control.
5. In the event of any variation to the works requested by the Customer, whether orally or in writing, the variation will be confirmed by the Company in writing and, unless the Customer rescinds the variation within seven days of confirmation, it shall be treated as confirmed.
6. Wherever possible, a quotation will be provided for any additional works or variations to the contract. Where this is not reasonably practicable, such additional works or variations will be charged at a fair and reasonable price based on the work, materials, labour, equipment and other costs involved.

2. Site Conditions and Structural Defects

7. The Company will not be liable for unforeseen site conditions which were not reasonably apparent at the time of survey and could not reasonably have been identified without opening up, removing finishes, exposing existing structures or undertaking additional investigative works.
8. If, during installation or commencement of the works, the building is found to have any structural defects, infestation or other serious defect which may affect the safety, suitability or proper completion of the works, the Company shall inform the Customer accordingly. The Company shall be entitled to postpone or suspend the works until the Customer, at the Customer’s expense, has rectified the relevant problem.
9. In the event of any postponement or suspension under clause 8, the Company shall be entitled to payment for all materials delivered to or held for the site and may charge the Customer its reasonable and demonstrable costs arising from the postponement, including reasonable daily costs for labour, equipment, scaffolding, storage, site attendance and other resources which remain committed to the works until the works are resumed or the relevant resources are released.

3. Customer Suspension, Delay and Access

10. If the Customer requests, causes or requires the works to be stopped, suspended or delayed for any reason not attributable to the Company, or if the Company is prevented from reasonably accessing the site or carrying out the works due to an act or omission of the Customer, the Company shall be entitled to recover its reasonable and demonstrable costs and losses arising directly from such suspension or delay.

10a. Such costs may include, where applicable:

• Labour and employee costs
• Scaffolding and equipment hire or retention costs
• Storage costs
• Cancellation or rebooking costs
• Additional site attendance costs
• Costs incurred in securing the site
• Costs of materials ordered specifically for the works
• Reasonable costs of remobilising labour, equipment and materials

33. The Customer shall provide the Company and its employees, subcontractors and authorised representatives with reasonable and safe access to the property and work areas necessary to carry out the works. Where access is unavailable or unsafe due to an act or omission of the Customer, the Company may suspend the works until suitable access is provided and may recover reasonable costs and losses directly resulting from the delay, where permitted by law.

4. Materials, Equipment and Payment

11. All materials and equipment on site which form part of the contract works shall remain the property of and be in the exclusive possession or control of the Company until such time as the contract sum relating to those materials and equipment has been paid in full, to the extent permitted by law.
12. Value Added Tax will be charged at the rate prevailing at the time of completion of the works, or at such other time as required by applicable VAT legislation.
13. The Company shall be entitled to payment as follows and as detailed in the quotation:

• Deposit with order
• Stage payments
• Balance in full on completion of the work

14. The Company shall be entitled to charge interest on outstanding monies at the rate of 5% above the Bank of England Base Rate prevailing at the time the monies became due, subject to any statutory restrictions applicable to the Customer or contract.
15. In the event of any dispute arising during the course of or subsequent to completion of the contract, the Customer shall not be entitled to withhold payment in excess of an amount representing a reasonable valuation of the work genuinely disputed and reasonably required to rectify or replace allegedly defective works which are the subject of the dispute.
16. The quotation includes essential making good following fitting or installation but does not include redecoration or ancillary works such as refitting curtain rails, alarms, telephone points or similar items unless specifically stated in the quotation.

5. Guarantee – General Conditions

17. The Company shall, in addition to its statutory obligations, provide guarantees against faulty materials and workmanship in accordance with the specific guarantee period and terms stated in the quotation, contract or final invoice.
18. All guarantees provided by the Company, whether relating to roofing, roof repairs, slate roofs, felt roofs, tiled roofs, fascia, soffits, gutters or any other works or materials supplied or installed by the Company, are subject to the general guarantee conditions set out below.
19. The guarantee applies only to the works, materials or specific section of the property identified in the quotation, contract or final invoice.
20. The guarantee is conditional upon the works being adequately and properly maintained and does not cover physical damage caused by:

• Misuse
• Impact or abrasion
• Accidental damage
• Third-party works or alterations
• Neglect
• Cleaning with a non-proprietary or unsuitable chemical

21. The guarantee does not extend to defects, damage or remedial works arising from areas of the property or structure which were not repaired, replaced or worked on by the Company.
22. Notice of any claim under the guarantee must be made in writing to the Company within fourteen days of the alleged defect becoming apparent, together with reasonable details of the alleged defect and, where reasonably requested, photographs or other supporting information.
23. The Company shall be given a reasonable opportunity to inspect any alleged defect and, where the claim is accepted as falling within the guarantee, to carry out any necessary remedial works. The Customer must not arrange for another contractor to undertake remedial works relating to an alleged guarantee claim without first giving the Company a reasonable opportunity to inspect and, where appropriate, rectify the issue.
24. The guarantee is not transferable unless requested in writing and agreed to by the Company and may be subject to a reasonable administration fee where applicable.
25. Where the works are suspended, stopped or delayed by the Customer, the guarantee period shall not be extended to cover any additional period caused by such suspension or delay unless otherwise agreed in writing.
26. The Company shall not be responsible under the guarantee for defects or damage resulting from circumstances outside the Company’s reasonable control, including:

• Subsequent works carried out by others
• Structural movement
• Defects in existing structures
• Infestation
• Extreme weather
• Accidental damage
• Other matters not caused by defective materials or workmanship supplied by the Company

6. Scaffolding and Unauthorised Access

26. Where scaffolding supplied, erected or arranged by the Company remains on site during or following a suspension of works, the Customer, occupants, visitors, contractors and any third party must not use, access, climb, move, alter, dismantle, interfere with or make any attachment to the scaffolding without the Company’s prior written permission.
27. The Customer shall take reasonable steps to prevent unauthorised persons from accessing or using the scaffolding and shall promptly notify the Company if unauthorised access, damage, interference or alteration occurs.

27a. No person other than the Company or a competent person authorised by the Company may:

• Alter the scaffolding
• Dismantle the scaffolding
• Reposition the scaffolding
• Interfere with the scaffolding
• Make attachments to the scaffolding

28. Where the Customer or any third party uses, accesses, alters or interferes with the scaffolding without the Company’s prior written permission, the Company may require the scaffolding to be inspected before the works recommence.

28a. Any reasonable and demonstrable costs arising from unauthorised use or access may be charged to the Customer where the Customer is responsible for the relevant act or omission, including:

• Inspection costs
• Repair or reinstatement costs
• Additional security costs
• Delay costs
• Other reasonable costs directly resulting from the unauthorised access or interference

34. If the works are suspended for an extended period, the Company may require scaffolding to be dismantled and subsequently re-erected when the works recommence. Any reasonable and demonstrable additional costs arising directly from such dismantling, storage, inspection and re-erection shall be payable by the Customer where the suspension was caused by the Customer.
35. If a Customer-caused suspension or delay results in additional reasonable and demonstrable costs relating to labour, scaffolding, equipment, storage, inspection, security, dismantling, re-erection, remedial work or remobilisation, the Company shall be entitled to recover those costs from the Customer where permitted by law.

7. Guarantee Periods

31. The specific guarantee period applicable to the works will be stated in the quotation, contract or final invoice. The Company’s current guarantee periods include:

• Slate roofs: 15–20 years, depending on the grade and specification of materials used
• Felt roofs: 15–20 years, depending on the grade and specification of materials used
• Tiled roofs: 15–20 years, depending on the grade and specification of materials used
• Fascia, soffits and gutters: 10 years for workmanship and materials
• Roof repairs: as specifically agreed with the Customer at the time of quotation and confirmed on the final invoice

32. Where a different guarantee period or specific guarantee condition applies to particular works or materials, the applicable period and condition will be clearly stated in the quotation or final invoice. All guarantee periods and conditions remain subject to the general guarantee terms set out in these terms and conditions.

8. Statutory Rights

35. Nothing in these terms and conditions shall exclude or restrict any liability or statutory right which cannot lawfully be excluded or restricted, including the Customer’s rights under applicable consumer protection legislation.
36. Where the Customer is a consumer, all provisions of these terms and conditions shall be interpreted and applied subject to applicable consumer protection legislation. Nothing in these terms and conditions is intended to prevent the Customer from exercising any statutory right or remedy available to them.

Company Details

Company: Safeway Contracts Limited trading as Safeway Roofing

Company Registration Number: SC841956

Telephone: 08003032303