TERMS AND CONDITIONS
1. Definitions
In these Conditions, unless the context requires otherwise:
1.1 “Buyer” means the person who buys or agrees to buy the Goods and Services from the Seller.
1.2 “Conditions” means the terms and conditions set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 “Installation Date” means the date specified by the Seller when the Goods are to be installed.
1.4 “Goods” means the articles which the Buyer agrees to buy from the Seller as described in the quotation overleaf.
1.5 “Price” means the price for the Goods and Installation which includes VAT.
1.6 “Seller” means Prodek Limited of 12 Admiral Court, Dartmouth TQ6 9HU
Registered address – 75 Springfield Road, Chelmsford, Essex CM2 6JB
1.7 “Services” means the installation of the Goods.
2. Conditions Applicable
2.1 The Conditions shall apply to all contracts for the supply of Goods and Services by the Seller to the Buyer to the exclusion of all other terms and
conditions.
2.2 All orders for Goods and Services shall be deemed to be an offer by the Buyer pursuant to these Conditions.
2.3 Signature of the Buyer shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 Any variation to these Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 It is the responsibility of the Buyer to obtain permission/approval from the owners of adjoining or shared roofs, copies of such must be forwarded to
the Seller prior to commencement of any works and to obtain any planning permission if required.
2.6 Samples used for demonstration purposes are purely illustrative. The order will be manufactured and installed in the manner and to the specifications
considered most suitable by the Seller. The Seller strives to improve its products, installation methods and specifications and therefore reserves the
right to vary design and/or specification without prior notice to the Buyer provided the installation is of an equivalent or better specification than that
originally requested.
3. Price and Payment
3.1 The Price shall be the Seller’s quoted price. The Price is inclusive of VAT which shall be binding upon the Buyer provided that the Seller shall accept
the quoted price within 42 days.
3.2 Payment of the Price shall become due on the Installation Date Time for payment shall be of the essence.
3.3 Interest on overdue invoices shall accrue from the date payment becomes due from day to day until the date of payment at a rate of 2% above the
Bank of England Base Rate from time to time in force and shall accrue at such a rate after as well as before any Judgment.
3.4 Installation does not normally require scaffold, however, if it is the Seller’s opinion that scaffold is required then a separate quotation will be provided.
3.5 The Seller’s quotation is based upon works as foreseen at the time of quotation and does not include additional work subsequently carried out in order
to overcome problems that were not apparent at that time, such as rotted, wet or perished roof decking, rotted roof timbers, inadequate roof fall,
irregular levels, brickwork, damp courses, structural works, guttering, downpipes and soakaways etc. The Buyer will be notified of any such
unforeseen work and given the option for the additional work to be done. The Seller will pass any costs in respect of the additional work on to the
Buyer. All total measurements taken are rounded up to the nearest full square metre or linear metre for pricing purposes.
4. The Goods
The description of the Goods supplied shall be as set out in the Sellers quotation and they remain the property of the Seller until payment in received
in full.
5. Warranties
5.1 The Seller warrants that the Goods supplied will at the Installation Date correspond with the description given by the Seller in the quotation.
5.2 The Goods are guaranteed against failure arising from defective workmanship or materials for a period of twenty years from the Installation Date.
5.3 This guarantee is offered as an extra benefit and does not affect the Buyers statutory rights, and is only as effective when full payment has been
received.
5.4 The Buyer must advise the Seller in writing of any leaks in the roof within a reasonable period of discovery and in the event that the leak is not caused
by the Seller’s defective Installation or Goods, the Buyer agrees to pay the Seller One Hundred & Fifty Pounds (£150.00) as a call out charge for a survey and provision
of a report.
5.5 The Seller cannot guarantee that some ‘ponding’ of water may or may not occur. This should not be considered as a defect and will not be detrimental
to the performance of roof membrane.
5.6 The single-ply membrane used in the Installation is covered separately by a guarantee given to the Seller by its supplier in accordance with the
summary of cover. The Supplier will pass on to the Buyer the supplier’s rights under that guarantee in addition to the Supplier’s own Guarantee.
5.7 Whilst the Seller will endeavour to ensure that only good quality products are supplied, the Seller cannot be held responsible for any minor
imperfections in the process of manufacture. Whilst the materials used are of the highest quality available, no uarantee is git that some minor
imperfections will not be visible.
5.8 No warranty or representation is given by the Seller that the installation will eliminate or reduce condensation. This is dependant upon the environment
within the premises, which the installation serves.
5.9 It is the responsibility of the Buyer to ensure:-
5.9.1 that no service supply or cables whether telephone, electricity, television, gas, water or otherwise are present at the time of installation. The Seller
accepts no responsibility for damage to such supplies whether visible or not, known or unknown, at the time of installation unless such damage is the
cause of negligence on the part of the installer. The Buyer should note that service supplies normally only accept instructions from the owner of the
premises.
5.9.2 that a clear working area is provided to enable the specified work to be carried out, including the removal of any telephone/television cable, burglar
alarm contacts, flowers, plants, shrubs and trees.
6. Liability
6.1 The Seller excludes liability for:
6.1.1 Any deliberate or accidental damage caused by the Buyer or any third party.
6.1.2 Damage caused by the Buyer, or by leakage or spillage of fuel, oil, chemicals, paint or similar substances.
6.1.3 Any damage by fire or natural causes such as lightning and earthquakes or other acts of God.
6.1.4 Any storm damage including damage caused by high winds, falling slates and other causes outside the Seller’s control.
6.1.5 Any damage caused by defects in adjoining buildings or roofs and any damage caused by porous brickwork or cement render, defective pointing,
missing or damaged slates, copings and similar objects.
6.1.6 Any damage caused by weakening or removal of any structural support by the Buyer or third party.
6.1.7 Any damage caused by defects, deficiencies or movement in the building or structure of the Buyer’s property or any adjoining property.
6.1.8 Any claim for incidental or consequential loss or damage unless it is as a direct result of poor workmanship or negligence
6.1.9 Any damage caused by impact or vibration to ceilings unless it is as a direct result of poor workmanship or negligence
6.1.10 Any responsibility for tiling, lead work, gutters or any other structural attachments not associated with the installation unless it is as a direct result of
poor workmanship or negligence
6.1.11 Any damage caused by rain leaking into the building during the installation of the Goods unless it is as a direct result of poor workmanship or
negligence,
And in the event of any faults occurring, the Buyer must mitigate any costs incurred by refraining from carrying out any decorations or other works
to the installation areas until the faults have been corrected.
6.1.12 Any breach of any Statutory duty for which the Buyer would be liable, such as, for example but not limited to, the making or submitting of any
Notices related to planning or Building Consent or The Party Wall Etc. Act 1996.
6.1.13 Any breaches of any statute governing building and ancillary works unless the Seller has been made aware of such statutes or any other regulations,
or requirements of the Local Authority and shall not be required to provide any indemnity against, or make any contribution towards, any action
which may be brought by the Local Authority against the Buyer.
7. Installation
7.1 Installation of the Goods shall be arranged on a date agreed between the Buyer and the Seller, subject to weather conditions. If it is raining or forecast
to rain, the Installation Date will be rescheduled accordingly.
7.2 The delivery period quoted is that anticipated at the time of the order. The Seller is not liable for any delay in the completion of the work that arises
from circumstances beyond its reasonable control.
7.3 For installation purposes, the Buyer hereby agrees to allow access to the premises during normal working hours and free use of electricity and water
to enable the work specified to be carried out and completed. In situations where the free power is not available or practical, a generator will be used
and charged as an extra.
8. Cancellation
8.1 The Buyer may cancel this contract by giving written notice to the Seller at least 14 days prior to the Installation Date.
8.2 The Seller may cancel the contract by giving the Buyer 14 day’s written notice.
9. Arbitration and Alternative Dispute Resolution
Any dispute under or arising out of this Agreement shall be referred to a single arbitrator in accordance with the provisions of the Arbitration Act
1996. Any notice be given to the Seller under these terms and conditions shall be deemed to be validly served if sent by recorded delivery to the
Seller’s head office and any notice given to the Seller to the Buyer shall be deemed to be validly served if sent to the address of the Buyer over leaf.
10. Proper Law of Contract
This Contract is subject to the Laws of England and Wales. No Contracts are concluded in the Consumer’s home.
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