Terms & conditions.

Who we are. We are Black Label Roofing and Building Ltd, a company registered in England and Wales. Our company registration number is 09785817, our registered office is 144A High Street, Rayleigh, Essex SS6 7BU, and our VAT registration number is 284 3094 90.

How to contact us. You can contact us by telephone on 07904 067376 or by email at info@blacklabelroofing.com. Our website is www.BlackLabelRoofing.com.

How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided in your Order.

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

• “Agreed Date” means the date on which provision of the Services will commence, as agreed by the Parties and evidenced in Schedule 1;
• “Agreed Times” means the times agreed by the Parties during which the Roofer shall have access to the Property to render the Services, as evidenced in Schedule 1;
• “Business Day” means any day other than Saturday or Sunday on which ordinary banks are open for their full range of normal business in England and Wales;
• “Customer” means the individual who requires the Services subject to these Terms and Conditions and the Agreement;
• “Job” means the complete rendering of the Services;
• “Model Cancellation Form” means the model cancellation form attached as Schedule 2;
• “Order” means the Customer's order for the supply of Services;
• “Products” means the products required to render the Services which the Roofer shall procure and supply, unless otherwise agreed;
• “Property” means the Customer's home, as detailed in the Order and the Agreement, at which the Services are to be rendered;
• “Quotation” means a quotation detailing proposed fees and Services supplied to the Customer in accordance with clause 2;
• “Quoted Fee” means the fee quoted to the Customer, which may vary according to the actual work undertaken as set out in clause 4. Any change to the original quotation price must be agreed in writing and signed by both Parties at each stage;
• “Services” means the roofing services provided by the Roofer as detailed in clause 5;
• “Service Agreement” means the service agreement set out in Schedule 1;
• “Visit” means any occasion, scheduled or otherwise, on which the Roofer visits the Property to render the Services;
• “Agreement” means the contract between the Roofer and the Customer comprising the Service Agreement and these Terms and Conditions;
• “Party / Parties” means a party or the parties to the Agreement.

1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;

1.2.4 a Schedule is a schedule to these Terms and Conditions;

1.2.5 a Clause or paragraph is a reference to a clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and

1.2.6 a “Party” or the “Parties” refers to the parties to the Agreement.

1.3 The headings used in these Terms and Conditions are for convenience only and have no effect upon their interpretation.

1.4 Words imparting the singular include the plural and vice versa.

1.5 References to any gender include the other genders.

1.6 References to people include corporations.

2.1 The Order constitutes an offer by the Customer to purchase Services in accordance with these Terms and Conditions.

2.2 The Order shall only be deemed to be accepted when the Roofer issues written acceptance using the Service Agreement or commences the Services, whichever is earlier. The contract comes into existence on that date (the Commencement Date).

2.3 Any samples, estimated performance figures, drawings, descriptive matter or advertising issued by the Roofer, and any descriptions of the Services in the Roofer's catalogues, brochures or website, are issued or published only to give an approximate idea of the Services described. They do not form part of the Contract or have contractual force. Photographs, plans or similar documents supplied before the Job are illustrative only and do not provide an exact specification or guarantee specific results.

2.4 These Terms and Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.5 Any quotation given by the Roofer is not an offer and is valid only for the period stated in the quotation or, if no period is stated, for 30 Business Days from its date of issue.

2.6 If the Roofer is unable to accept the Order, it will inform the Customer and will not charge for the Services. This may be because of unexpected limits on resources which the Roofer could not reasonably plan for, an error in the price or description of the Services, or inability to meet a specified requirement.

At the time of accepting the Order or not more than 7 days thereafter, the Customer shall pay the Roofer a Deposit in the amount agreed in the Service Agreement. The Services shall not commence until the Deposit is paid in full.

4.1 The Quoted Fee includes the price payable for the Services and the estimated Products required to render the Services, exclusive of VAT, and is further set out in the Service Agreement.

4.2 The Customer acknowledges that Quotations are provided on the basis of a limited inspection of the roof at the Property and that no detailed survey is carried out. After the Services start, further repair requirements or defects may come to light which were not visible or known to the Roofer when the original Quotation was given and which affect or increase the Quoted Fee because of Additional Services or because additional or alternative Products are required. In such circumstances, the Roofer will notify the Customer of the Additional Services and any changes to Products which alter the Quoted Fee. If the change to the Quoted Fee is unacceptable, clause 8.3 applies in respect of cancellation rights.

4.3 The Roofer shall invoice the Customer when provision of the Services is complete.

4.4 All invoices must be paid within 14 days of receipt by the Customer.

4.5 If the Customer does not pay for the Services when payment is due and payment remains unpaid within 14 days after the Roofer reminds the Customer that payment is due, the Roofer may suspend the supply of further Services until the outstanding amounts have been paid. The Roofer will contact the Customer to say that it is suspending supply. The Roofer will not suspend Services where the Customer disputes the unpaid invoice and will not charge the Customer for Services during the period for which they are suspended.

4.6 If the Customer does not make a payment by the due date, the Roofer may charge interest on the overdue amount at 4% a year above the Bank of England base rate from time to time. Interest shall accrue daily from the due date until actual payment, whether before or after judgment. The Customer must pay interest together with any overdue amount.

4.7 If the rate of VAT changes between the date of the Order and the date the Services are supplied, the Roofer will adjust the rate of VAT payable, unless the Customer has already paid for the Services in full before the change takes effect.

4.8 Despite the Roofer's best efforts, some Services may be incorrectly priced. The Roofer will normally check prices before accepting the Order. If the correct price at the Order date is less than the stated price, the Roofer will charge the lower amount. If the correct price is higher than the stated price, the Roofer will contact the Customer for instructions before accepting the Order.

5.1 The Services shall be rendered in accordance with the specification set out in the Service Agreement, as may be amended by mutual agreement from time to time.

5.2 The Roofer shall ensure that the Services are rendered with reasonable care and skill and to a reasonable standard. The Roofer shall properly dispose of all waste resulting from the Services.

5.3 Where necessary, the Roofer shall provide temporary covering, roofing and/or boarding for the Property and shall ensure that it protects the interior of the Property from the elements.

5.4 Time shall not be of the essence in the rendering of the Services under these Terms and Conditions or the Agreement.

6.1 If any consents, licences or other permissions are needed from third parties, such as landlords, planning authorities or local authorities, the Customer is responsible for obtaining them before the Services commence.

6.2 The Customer shall ensure that the Roofer can access the Property at the Agreed Times to render the Services, free from other trades. If the Customer does not allow access as arranged and has no good reason, the Roofer may charge additional costs incurred as a result. If, despite reasonable efforts, the Roofer is unable to contact the Customer or rearrange access, the Roofer may end the contract.

6.3 The Customer may give the Roofer a set of keys to the Property or be present at the Agreed Times to provide access. The Roofer warrants that any keys shall be kept safely and securely.

6.4 The Customer shall ensure that the Roofer has access to electrical outlets and a supply of hot and cold running water.

6.5 The Customer shall ensure that all information provided to the Roofer is true, complete and accurate in all respects.

6.6 The Customer shall disclose to the Roofer any known defects, surveys or reports available to the Customer which may affect the rendering of the Services.

7.1 The Customer has a statutory right to a cooling-off period. This period begins once the contract between the Roofer and the Customer is formed and ends at the end of 14 calendar days after that date.

7.2 If the Customer wishes to cancel the contract within the cooling-off period, the Customer should inform the Roofer immediately by a clear statement, for example by letter or email to the address specified above or otherwise notified to the Customer. The Customer may use the Model Cancellation Form in Schedule 2, but it is not obligatory.

7.3 To meet the cancellation deadline, it is sufficient for the Customer to send the cancellation communication before the cancellation period has expired.

7.4 If the Customer exercises the right to cancel, the Customer will receive a full refund of any amount paid to the Roofer in respect of the contract, subject to clause 7.7 where Services have begun at the Customer's express request.

7.5 The Roofer will refund money using the same method used to make the payment, unless the Customer has expressly agreed otherwise. The Customer will not incur any fees as a result of the refund.

7.6 The Roofer will process any refund due as a result of cancellation without undue delay and, in any case, within 14 days after the day on which the Roofer is informed of the cancellation.

7.7 If the Agreed Date falls within the cooling-off period, the Customer must make an express request for provision of the Services to begin within the 14 calendar day cooling-off period. This request will be set out in the Service Agreement. By making such a request, the Customer acknowledges and agrees that:

7.7.1 If the Services are fully performed within the 14 calendar day cooling-off period, the Customer will lose the right to cancel after the Services are complete.

7.7.2 If the Customer cancels after provision has begun but before it is complete, the Customer will be required to pay for Services supplied up to the point at which the Customer informs the Roofer of the wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the Services already provided. Any sums already paid for the Services shall be refunded subject to deductions calculated in accordance with this clause. Any applicable refund will be issued within 14 days and no later than 14 calendar days after the Customer informs the Roofer of the wish to cancel. If the Services supplied are such that the roof at the Property is not in a restored state, the following provisions also apply:

a) If possible, the Roofer shall, at the Customer's option and cost, reinstate the existing roof at the Property;

b) If reinstatement is not possible, the Roofer shall, at the Customer's option and cost, provide temporary covering, roofing and/or boarding for the Property; and

c) The Roofer shall refund the Customer in full for any Services not provided, less any costs deductible under clauses 7.7.2(a) and (b).

8.1 The Customer may cancel or reschedule the Job at any time before the Agreed Date. Subject to this clause 8:

8.1.1 If the Customer cancels the Job more than 28 days before the Agreed Date, the Roofer shall issue a full refund of all sums paid, including the Deposit.

8.1.2 If the Customer reschedules the Job more than 28 days before the Agreed Date, the Roofer shall retain all sums paid, including the Deposit, and deduct those sums from any related balance payable on the rescheduled Job.

8.1.3 If the Customer cancels the Job less than 28 days but more than 14 days before the Agreed Date, the Roofer shall refund any sums paid less the Deposit.

8.1.4 If the Customer reschedules the Job less than 28 days but more than 14 days before the Agreed Date, the Roofer shall retain any sums paid, including the Deposit, and deduct all such sums other than the Deposit from any balance payable on the rescheduled Job. A new Deposit shall be payable on the rescheduled Job.

8.2 If the Customer cancels or reschedules the Job less than 14 days before the Agreed Date, the Roofer shall be entitled to reasonable compensation for the net costs it will incur as a result of the Customer ending or rescheduling the contract.

8.2.1 The Roofer may cancel the Job at any time before the Agreed Date and shall refund all sums paid, including the Deposit, except where the Job is cancelled because the Customer: (a) has not made a payment when due and still does not make payment within 14 days of a reminder; (b) does not, within a reasonable time after being asked, provide information necessary for the Roofer to provide the Services; or (c) does not comply with obligations under clause 6. In those cases, the Roofer may deduct or charge reasonable compensation for the net costs it will incur as a result of the Customer breaking the contract.

8.3 If the Roofer advises the Customer that Additional Services are required and the change to the Quoted Fee is unacceptable, the Customer has the right to cancel the contract. In these circumstances:

a) If possible, the Roofer shall, at the Customer's option and cost, reinstate the existing roof at the Property;

b) If reinstatement is not possible, the Roofer shall, at the Customer's option and cost, provide temporary covering, roofing and/or boarding for the Property;

c) The Roofer shall refund the Customer in full for any Services not provided, less any costs deductible under clauses 8.3(a) and (b); and

d) Without prejudice to the Customer's rights under clause 9, if the Customer does not wish to exercise the options at clauses 8.3(a) or 8.3(b), the Customer shall be responsible, and not the Roofer, for environmental or safety issues associated with that decision and for any resulting damage to the Property.

9.1 The Roofer shall ensure that suitable and valid insurance, including public liability insurance, is in place at all times.

9.2 The Roofer's total liability for loss or damage caused as a result of its negligence or breach of these Terms and Conditions or the Agreement shall be limited to £5 million.

9.3 The Roofer is not liable for loss or damage suffered by the Customer which results from the Customer's failure to follow instructions given by the Roofer.

9.4 If the Roofer fails to comply with these Terms and Conditions, it is responsible for loss or damage suffered by the Customer that is a foreseeable result of breaking the contract or failing to use reasonable care and skill, but it is not responsible for loss or damage that is not foreseeable. Loss or damage is foreseeable if 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 the Roofer during the sales process.

9.5 The Roofer does not exclude or limit liability where it would be unlawful to do so. This includes liability for death or personal injury caused by the Roofer's negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of the Customer's legal rights in relation to the Services. The Roofer will make good any damage to the Property caused while carrying out the Services. However, the Roofer is not responsible for the cost of repairing pre-existing faults or damage to the Property that is discovered while providing the Services.

9.6 The Roofer is not liable for business losses. The Roofer supplies the Services only for domestic and private use and has no liability for loss of profit, loss of business, business interruption or loss of business opportunity.

The Roofer offers a job-dependent guarantee on new roof replacement or roof repairs. The scope and duration of any guarantee shall be as stated in the Quotation or Service Agreement.

The Roofer will not share the Customer's personal data with third parties without the Customer's prior consent, except where disclosure is required or permitted by law or is necessary to provide the Services. Personal data will be collected, processed and held in accordance with the Roofer's applicable data protection obligations.

12.1 No Party to the Agreement will be liable for failure or delay in performing its obligations where the failure or delay results from a cause beyond that Party's reasonable control. Such causes include 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 beyond the control of the Party in question.

12.2 If a Party cannot perform its obligations as a result of force majeure for a continuous period, the other Party may terminate the Agreement by written notice at the end of that period. On termination, the Parties shall agree a fair and reasonable payment for Services completed up to the date of termination, taking into account any prior contractual commitments entered into in reliance on performance of the Agreement.

13.1 Either Party may immediately terminate the Agreement by written notice to the other Party if:

13.1.1 any sum owing by the other Party under the Agreement is not paid within 14 Business Days of its due date;

13.1.2 the other Party commits another breach of the Agreement and, if the breach is capable of remedy, fails to remedy it within 14 Business Days after being given written notice with full particulars of the breach and requiring it to be remedied;

13.1.3 an encumbrancer takes possession, or, where the other Party is a company, a receiver is appointed over any property or assets of that other Party;

13.1.4 the other Party makes any voluntary arrangement with its creditors or, being a company, becomes subject to an administration order within the meaning of the Insolvency Act 1986;

13.1.5 the other Party, being an individual or firm, has a bankruptcy order made against it or, being a company, goes into liquidation, except for a bona fide amalgamation or reconstruction where the resulting company agrees to be bound by or assumes the obligations under the Agreement;

13.1.6 anything analogous to the foregoing under the law of any jurisdiction occurs in relation to the other Party;

13.1.7 the other Party ceases, or threatens to cease, to carry on business; or

13.1.8 control of the other Party is acquired by any person or connected persons not having control of that Party on the date of the Agreement. For this clause 13, “control” and “connected persons” have the meanings in sections 1124 and 1122 respectively of the Corporation Tax Act 2010.

13.2 For the purposes of clause 13.1.2, a breach is capable of remedy if the Party in breach can comply with the provision in question in all respects.

13.3 The rights to terminate the Agreement do not prejudice any other right or remedy of either Party in respect of the breach concerned or any other breach.

13.4 On termination of the Agreement for any reason:

13.4.1 any sum owing by either Party to the other under the Agreement shall become immediately due and payable;

13.4.2 all clauses which expressly or by their nature relate to the period after expiry or termination shall remain in full force and effect;

13.4.3 termination shall not affect or prejudice any right to damages or other remedy which the terminating Party may have in respect of the event giving rise to termination or any other breach existing at or before the date of termination; and

13.4.4 subject to this clause and except in respect of accrued rights, neither Party shall have any further obligation to the other.

No failure or delay by either Party in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right. No waiver by either Party of a breach of any provision shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

Each Party shall execute and do all such further deeds, documents and things as may be necessary to carry the provisions of the Agreement into full force and effect.

Subject to any provisions to the contrary, each Party shall pay its own costs of and incidental to the negotiation, preparation, execution and carrying into effect of the Agreement.

Neither Party shall be entitled to set off any sums from payments due or sums received in respect of any claim under the Agreement or any other agreement at any time.

18.1 Subject to clause 18.2, the Agreement shall be personal to the Parties. Neither Party may assign, mortgage, charge (other than by floating charge), sublicense or otherwise delegate any of its rights, or subcontract or otherwise delegate any of its obligations, without the written consent of the other Party, such consent not to be unreasonably withheld.

18.2 The Roofer may perform any of its obligations through another member of its group or through suitably qualified and skilled subcontractors. Any act or omission of such group member or subcontractor shall, for the purposes of the Agreement, be deemed to be an act or omission of the Roofer.

The Parties agree that times and dates referred to in the Agreement are for guidance only, are not of the essence of the Agreement and may be affected or varied by mutual agreement. This may be due, for example, to weather conditions, material shortages or previous works overrunning.

Nothing in the Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in the Agreement.

No part of the Agreement is intended to confer rights on any third party and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement.

22.1 All notices under the Agreement shall be in writing and shall be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.

22.2 Notices shall be deemed duly given:

22.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient;

22.2.2 when sent, if transmitted by email and a successful transmission report or return receipt is generated;

22.2.3 on the fifth Business Day following mailing, if mailed by national ordinary mail, postage prepaid; or

22.2.4 on the tenth Business Day following mailing, if mailed by airmail, postage prepaid.

In each case, notices shall be addressed to the most recent address or email address notified to the other Party.

23.1 The Agreement contains the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.

23.2 Each Party acknowledges that, in entering into the Agreement, it does not rely on any representation, warranty or other provision except as expressly provided in the Agreement. All conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

The Agreement may be entered into in any number of counterparts and by the Parties on separate counterparts, each of which when executed and delivered shall be an original, but all the counterparts together shall constitute one and the same instrument.

If one or more provisions of the Agreement and/or these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that provision shall be deemed severed from the remainder. The remainder of the Agreement and/or these Terms and Conditions shall remain valid and enforceable.

26.1 The Parties shall attempt to resolve any dispute arising out of or relating to the Agreement through negotiations between their appointed representatives who have authority to settle the dispute.

26.2 If negotiations under clause 26.1 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.

26.3 If the ADR procedure under clause 26.2 does not resolve the matter within 14 days of its initiation, or if either Party will not participate in the ADR procedure, either Party may refer the dispute to arbitration.

26.4 The seat of arbitration shall be England and Wales. The arbitration shall be governed by the Arbitration Act 1996 and rules for arbitration as agreed between the Parties. If the Parties cannot agree on the arbitrator(s) or rules, either Party may, on written notice to the other, apply to the President or Deputy President of the Chartered Institute of Arbitrators for appointment of an arbitrator or arbitrators and for any decision on rules required.

26.5 Nothing in this clause 26 prohibits either Party or its affiliates from applying to a court for interim injunctive relief.

26.6 The decision and outcome of the final method of dispute resolution under this clause 26 shall be final and binding on both Parties.

27.1 The Agreement and these Terms and Conditions, including any non-contractual matters and obligations arising from or associated with them, shall be governed by and construed in accordance with the laws of England and Wales.

27.2 Subject to clause 26, any dispute, controversy, proceedings or claim between the Parties relating to the Agreement or these Terms and Conditions, including any non-contractual matters and obligations, shall fall within the jurisdiction of the courts of England and Wales.

28.1 If the Customer has any questions or complaints about the Services or Products, please contact us using the telephone number or email address stated above.

28.2 The Roofer is under a legal duty to supply Services that conform to the contract. Nothing in these terms affects the Customer's legal rights.

28.3 The following is a summary of key legal rights and is subject to certain exceptions. For detailed information, visit the Citizens Advice website at www.citizensadvice.org.uk.