JDL Roofing Ltd · Terms of contract
Terms & conditions.
Terms of contract for roofing services provided by JDL Roofing Ltd.
Company information
JDL Roofing Ltd
Unit 1A, Laveracks Industrial Estate, Elvington, York, YO41 4ER
- Company registration number
- 12807972
- VAT registration number
- 382159582
- Telephone
- 01904 897111
1.0 Explanation of Terms
- 1.1.
In these terms and conditions “we” and “us” means JDL Roofing Ltd, Unit 1A, Laveracks Industrial Estate, Elvington, York, YO41 4ER, Company Registration No.12807972. You can contact us by phoning 01904 897111, or by writing to us at the above address, or via email to info@jdlroofing.co.uk
- 1.2.
‘You’ means the Customer who has signed the notice of right to cancel contract. You, must be aware that on signing ‘you’ are signing on behalf of you and any other person involved. If the booking form is signed on behalf of a limited company ‘you’ means that company.
- 1.3.
The contract and these terms come into place once you accept a quotation from us, invite us to work on your property, and/or once the right to cancel form has been signed. Should you invite us to start work on your property this will be seen as an acceptance of our quotation and our contract terms. If you propose any alternative, or additional terms this will be seen as a counter-proposal, of which we are free to accept or reject. However, if we have already started work on your property this will be seen as an acceptance of our terms as stated in this document.
- 1.4.
This contract is governed by English law and is purely between the named parties and not intended to benefit anyone else unless expressly agreed.
2.0 Standards of work
- 2.1.
We pride ourselves on the quality of our work and guarantee our work will last 10-25 years without any failure due to faulty workmanship on our part.
- 2.2.
We will perform our work for you with due care and in accordance with all legally binding standards, whilst also ensuring the work area is left clean and tidy throughout upon completion of the project.
- 2.3.
Prior to our quote, please inform JDL Roofing Ltd of any special circumstances or any known structural issues that we might not spot by visual inspection. Unfortunately, we will not be liable for failing to meet a requirement we have not been advised of, nor could have reasonably foreseen, should any additional work be required, we may need to provide you with a revised quote prior to commencing any further work on the premises.
- 2.4.
Scaffolding or any other building equipment provided by ourselves is solely for the use of trained staff working for JDL Roofing Ltd, and only covered by our liability insurance cover when used by our own staff. Should anyone other than the staff of JDL Roofing Ltd use the equipment they do so at their own liability and risk, and not at the permission of JDL Roofing Ltd.
- 2.5.
JDL Roofing Ltd will only hold customer data for the duration that works are carried out. All personal data is held in strict compliance with the current data privacy laws (GDPR) and is available upon request.
- 2.6.
JDL Roofing Ltd will accommodate your needs and any changes or requirements requested by yourself (such as extra work) any liability for the extra costs will be forwarded to you in a written quotation.
3. Payment
- 3.1.
All JDL Roofing Ltd quotations are inclusive of VAT. Any quotes provided by ourselves in writing will be honoured under the terms of the contract unless any unexpected issues arise during the project. Should this occur, you will receive a revised quote with the new charges to consider any additional work that may occur throughout the project will be quoted at an additional cost.
- 3.2.
Works quoted at £5,000 or more are subject to a payment of 50% deposit 7 days before the work commences.
- 3.3.
All invoices are due payment within 24 hours of the completion of the work.
- 3.4.
Goods supplied by JDL Roofing Ltd remain our property until the invoice has been paid in full. We reserve the right to enter your property and re-possess those goods if payment becomes overdue, or if you go into insolvency (within the meaning of the insolvency act 1986). Risk in all goods passes to you upon their installation or use on your property.
- 3.5.
Scaffolding will be removed from your premises when the work for which it was supplied has been paid in full.
4. Emergency Work
- 4.1.
If we are called to do an emergency (temporary) repair to tide you over until a permanent full repair can be organised then you are contractually bound to us to pay a fair charge for that work which will be quoted at the time. We will waive any charge for the repair if you go on to appoint us to do the permanent repair on the safe roofing. The repair charge will be removed from and made clear on the quotation for the permanent roofing repair. Should you decide to cancel the acceptance of the quotation provided by JDL Roofing Ltd for permanent repairs, a cost for the temporary repairs will again be due.
5. Termination
- 5.1.
You can terminate our work with you at any time but only by paying in full any work that has been carried out to date. JDL Roofing Ltd reserve the right to terminate our work with you at any time but only if our working relationship collapses or you become insolvent. We will only consider our working relationship as collapsed if you impose seriously unreasonable delay or conditions on our work, fail to treat our workers with respect, or fail to pay us on time.
- 5.2.
Force Majeure – No party to the agreement will be liable for any failure or delay in performing their obligations where such failure or delay results from any because that is beyond the reasonable control of the party. Such causes include but are not limited to; power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, or any other event that is beyond the control of the party in question.
- 5.3.
In the event that a party to the agreement cannot perform their obligations thereunder as a result of ‘Force Majeure’ for a continuous period, the other party may at its discretion terminate the agreement by written notice at the end of that period. In the event of such termination, the parties shall agree upon a fair and reasonable payment for all services completed to the date of the termination. Such payment shall consider any prior contractual commitments entered into in reliance on the performance of the agreement.
- 5.4.
You must take reasonable care not to damage our equipment (including scaffolding) on your premises. We have the right to come to the premises and remove that equipment should the contract not be adhered to or should mitigating circumstances occur. Should you prevent us collecting our equipment we have the right to issue a reasonable hire charge invoice for the period of time you keep it.
6. Cancellation
- 6.1.
A fourteen day ‘cooling-off’ period will be provided from the day you agree to the contract and our terms, during this time you can change your mind and cancel your contract with us. At this point we will issue a notice of right to cancel and issue an invoice for any work carried out up until the point of cancellation.
- 6.2.
If you wish to cancel the contract within the cooling off period you should inform ourselves (JDL Roofing Ltd) immediately by a clear statement (e.g. Letter or email sent to the contact details provided at the start of the terms), or by using the cancellation form provided. This must be provided before the cancellation deadline has expired.
- 6.3.
Should you the customer be due any refund at this point we will issue this to the same method of payment any payments were made by you within 14 days of the cancellation.
- 6.4.
Should you cancel or reschedule works after the 14-day cooling off period you will be liable to any costs already incurred.
7. Liability, indemnity, and insurance
- 7.1.
JDL Roofing Ltd will ensure that they have in place at all times suitable and valid insurance which shall include public liability insurance.
- 7.2.
JDL Roofing Ltd are not liable for any loss or damage suffered by you or the customer which results from a failure to follow any instructions given by ourselves.
- 7.3.
If JDL Roofing Ltd fail to comply with these Terms & Conditions, it is responsible for any loss or damage suffered by you or the customer that is foreseeable as a result of us breaking the contract or failing in our use of reasonable care and skill, but it we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen, or if at the time the contract was made both parties knew it might happen, for example, if it was discussed with JDL Roofing Ltd during the sales process.
- 7.4.
JDL Roofing Ltd does not exclude or limit in any way its liability to you or the customer where it would be unlawful to do so. This includes liability for death or personal injury caused by the roofers negligence, or the negligence of its employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services. JDL Roofing Ltd will make good any damage to your property caused whilst carrying out the services. However, JDL Roofing Ltd is not responsible for the cost of repairing any pre-existing faults or damage to your property that is discovered whilst providing the services.
- 7.5.
JDL Roofing Ltd is not liable for business losses, and has no liability for any loss of profit, loss of business, business interruption, and/or loss of business opportunity during works carried out.
8. Dispute resolution
- 8.1.
The parties shall attempt to resolve any dispute arising out of relating to the agreement through negotiations between their appointed representatives who have the authority to settle such disputes.
- 8.2.
If negotiations under subsection 8.1 do not resolve the matter within 14 days of receipt of a written invitation to negotiate, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure.
- 8.3.
If the ADR procedure does not resolve the matter within 14 days of the initiation of that procedure, or if either party will not participate in the procedure, the dispute may be referred to arbitration by either party.
- 8.4.
The seat of the arbitration under subsection 8.3 shall be England and Wales. The arbitration shall be governed by the Arbitration Act 1996 and rules for the arbitration as agreed between the parties. In the event the parties are unable to agree on the arbitrator(s) or the rules of arbitration, either party may upon giving written notice to the other party, apply to the president or deputy president for the time being of the chartered institute of the arbitrators for the appointment of an arbitrator or arbitrators and for any decision on rules that may be required.
- 8.5.
Nothing in clause 8 shall prohibit either party or its affiliates from applying to a court for interim injunction relief.
- 8.6.
The decision and outcome of the final method of dispute resolution under clause 8 shall be final and binding on both parties.
9. If there is a problem with this service
- 9.1.
If you or the customer has any questions or complaints about the services please contact us at the contact details provided at the beginning of these terms.
- 9.2.
JDL Roofing Ltd is under legal duty to supply services that are in conformity with this contract. See the box below for your key rights in relation to these services. Nothing in the terms affect your legal rights.
SUMMARY OF YOUR KEY LEGAL RIGHTS
Please find the following summary of your key legal facts as in accordance with the Consumer Rights Act 2015.
If a service is not carried out with reasonable care and skill, you are entitled to request that the work is corrected or completed to an acceptable standard. If a price has not been agreed in advance, the service must be provided within a reasonable timeframe.
Goods supplied must match their description, be suitable for their intended purpose, and meet satisfactory quality standards. Throughout the expected lifespan of a product, you have the following rights:
If goods are found to be faulty within 30 days, you may reject them. If a fault arises within six months, the supplier should offer a repair or replacement where possible. If goods fail to last for a reasonable period, up to six years, you may be entitled to an appropriate resolution.
