Cowperthwaites Roofing Terms & Conditions
TERMS AND CONDITIONS OF QUOTATION
1. The term “the Company” refers to Cowperthwaite Roofing Ltd. “The Client” refers to the person, firm, company or entity with whom the Company enters into a contract to sell to.
“Goods” means all goods referred to in this quotation, including where the contract permits any product or mass into which the goods are incorporated, assembled or commingled.
2. A contract for the supply of goods and / or services, including where the contract permits any product or mass into which the goods are incorporated, assembled or commingled and will constitute a construction contract pursuant to the Construction Contracts Act 2002 (The Act). Where the provisions of the Act are inconsistent with the provisions of this contract, the terms of this contract shall prevail.
3. The contract may be withdrawn any time before acceptance. Acceptance arises from the earliest to occur of: (a) the payment of a deposit or part thereof in accordance with clause 8.1; and (b) the completion and return of the acceptance form to the Company, unless the Company agrees otherwise in writing. The quotation will lapse upon the expiration of 30 days from the date of this quotation.
4. (a) Unless otherwise expressly stated this quotation is based on current material and labour prices. Any increases in the prices after the date of this quotation and before the date of delivery shall be to the Clients account. The Company shall be entitled to rely on the accuracy of any plans, specifications and other information supplied by the Client. The quotation remains valid only if the framing is constructed in accordance with the original plans or measurements submitted to the Company; any variation will be to the Clients account.
(b) If the giving of an estimate or quotation for the supply of goods or services involves the Company estimating measurements or quantities, it shall be the responsibility of the Client to verify the accuracy of the Company’s estimated measurements or quantities before the Client places an order based on such estimate or accepts such quotation.
(c) All building consent and / or compliance costs are the responsibility of the Client.
5. (a) Any times given for supplying and fitting materials is approximate only and shall not be deemed to be the essence of the contract unless otherwise agreed by both parties in writing. In either case the Company shall not be liable for any delays in installation resulting in delays beyond the Company’s control.
(b) Satisfactory access to the building for trucks is to be provided by the Client. Additional expenses incurred if such access is not available will be to the Client’s account.
(c) The Company shall exercise reasonable care and skill in performing installation services but cannot otherwise accept responsibility should damage occur to the Client’s property, site, footpaths, ete.
(d) Protection of the roof from damage by other trades or persons will be the responsibility of the Client. Risk passes from the date of installation. Any ensuing costs for remedial work would be an extra charge to the contract.
(e) Unused materials on site remain the property of the Company.
NEW DWELLINGS ONLY
6. (a) Waterproofing of dwellings or buildings requiring protection against water penetration until all roofing materials have been installed is to be the Client’s responsibility. e.g. Tarpaulins or other temporary covers required to protect extensions, alterations or exposed ceilings will not be provided by the Company unless part of the contract agreement.
(b) Scaffolding, guard rail and other similar access or safety provisions, when required, are also the Client’s responsibility unless part of the contract agreement.
(a) Quotation includes removal of all roofing materials and debris from the site.
(b) Access for vehicles to be by arrangement with Client. Condition of ceilings and driveways to be established with Client prior to commencement of the contract.
TERMS OF PAYMENT
8. 8.1 Re-Roofing.
Deposit of 50% prior to commencement of the contract, balance within seven days of completion.
8.2 New Dwellings
Terms as in 8.1 above. Otherwise payment by 20th of the month following the month in which work was carried out.
COMMERCIAL AND INDUSTRIAL CONTRACTS
9. Payment to be according to the terms agreed at the date of acceptance and recorded in writing, otherwise as in 8 above.
10. (a) Any variations to the terms of payment must be agreed in writing at the date of acceptance of this quotation.
(b) The Client may not withhold payment or make any deductions from any amount payable to the Company without the Company’s prior written consent.
(c) Failure to pay any account by due date shall be a breach of these trading terms and the Company may in respect to such default, without prejudice to any other rights or remedies it may have, charge interest on any sums not paid by due date at the rate of 11% over and above overdraft interest rate charged by the Company’s bankers until receipt of payment in full. If the Company shall at any time deem the credit of the Client to be unsatisfactory, it may require security for payment and may withhold delivery or fixing until sufficient security, including personal guarantees, is provided, or alternatively require pre-payment for further supplies.
(d) The Client shall in addition pay to the Company all debt collection fees, legal fees and other expenses incurred in the enforcement of the provisions of this agreement.
(e) Ownership of the goods shall not pass to the Client until the Client has paid all monies owed to the Company on any account whatever, whether in respect of this contract or any other contract, and whether the goods and services supplied are complete as set out in the original quotation or part only thereof (“Total Indebtedness”).
(f) Until payment is made in full for the Total Indebtedness the Client shall store the Goods separately and clearly identify them as belonging to the Company.
(g) The Company is permitted to enter into the Clients premises to identify and inspect the goods until such time as ownership passes to the Client and to take possession and remove the same without being responsible for any damage thereby caused and the Company may resell such products and apply the proceeds in or towards payment of the Total Indebtedness
(h) The Client shall not sell, hire, part with possession, or otherwise dispose of all or any part of the goods until either payment in full or the Total Indebtedness is made to the Company by the Client or the consent in writing of the Company is obtained to such sale, hiring or parting with possession in which case the said sale, hiring or disposal shall be for and on behalf of the Company.
(i) Where Goods or any part of the Goods are sold prior to payment in full by the Client, then the proceeds of such sale shall be the property of the Company and shall be received and held by the Client in trust and shall be kept in a separate identifiable account by the Client for payment to the Company. The Company’s in the proceeds as a beneficiary under that trust shall be the
portion of the proceeds of sale of the Goods which does nor exceed the Clients Total Indebtedness.
(j) If at any time prior to payment by the Client to the Company for the Goods the Client shall become bankrupt or go into receivership and/or liquidation, then the balance of the purchase price hereunder shall immediately become due and payable and the Company shall be entitled to retake possession of the Goods forthwith.
(k) The Company may bring an action for the price of the Goods even where ownership of the Goods may not have passed to the Client.
11. (a) The total liability of the Company for loss or damage relating to the supply of materials and/or services by the Company under this agreement will not in any event exceed the total price of the goods and service.
(b) The Company is not liable for any consequential, indirect or special damage or loss of any kind, nor is the Company liable for any damage caused by the servants or agents of the party ordering the goods and services supplied under this agreement.
(c) The Company carries both Public Liability and Contractors All Risk Insurance, but that excludes (and the Company shall not be liable for) loss, damage or other expense of any type connected in any way with an internal part of the building being wet, damp or moist that is caused directly or indirectly by faulty design, faulty specification including faulty sequence, procedure or programme, or faulty materials or faulty workmanship.
NATURE OF PAYMENTS MADE BYTHE CLIENT
12. The Client acknowledges that the Company contracts with the Client on condition that all payments received by the Company from the Client are valid and made in the ordinary course of the Clients business.
The Client further acknowledges that the Company receives all payments in the ordinary course of the Clients business, in good faith and in the reasonably held belief as to the validity of those payments.
DEFAULT IN PAYMENT
13. If the Client defaults in the due payment of the contract price or any installment thereof the Company without prejudice to any other right it has at law or in equity suspend or terminate the contract. All costs and expenses of or incurred by the Company as a result of such action shall be payable by the Client on demand.
14. 14.1 This quotation carries a THREE YEAR GUARANTEE as a maintenance period for workmanship and includes such warranties as may be issued by manufacturers. For the information of the Client, the Company is not liable under the Consumer Guarantees Act 1993 for:
(a) an act or default or omission of, or representation made by, any person other than the Company or a servant or agent of the Company: or
(b) a cause independent of human control.
14.2 Where the goods or services are acquired by the Client for business purposes, the Client agrees that the Consumer Guarantees Act 1993 does not apply.
14.3 Nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and all provisions of these terms and conditions shall be read and modified to the extent necessary to give effect to that intention.