ADN Roofing terms

1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods and/or services.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

Information about us and how to contact us

2.1 Who we are. We are ADN Roofing Ltd, a company registered in England and Wales, trading as ADN Roofing Ltd. Our company registration number is 10630407 and our registered office is 48 the Glades, East Grinstead, West Sussex RH19 3XW. Our registered VAT number is 275931669

2.2 How to contact us. You can contact us by telephoning our customer service team on 01342 311800 or by writing to us at ADN Roofing LTD 48 The Glades, East Grinstead, West Sussex, RH19 3XW or by emailing us at info@adnroofing.co.uk

2.3 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 to us in your enquiry or order.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

Our contract with you

3.1 How we will accept your order. Our acceptance of your order will take place when we write to or email you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the service(s). This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the service or because we are unable to meet a delivery deadline you have specified.

3.3 Your job number. We will assign a job number to your order and tell you what it is when we accept your order. It will help us if you can tell us the job number whenever you contact us about your order.

3.4 We only sell to the UK. Our website is solely for the promotion of our products and services in the UK. Unfortunately, we do not accept orders from, deliver or provide services to addresses outside the UK.

The products used in our services

4.1 Products and services. Products are delivered as part of our services to you. Products cannot be purchased from us separately from our services.

4.2 Products may vary slightly from their pictures. The images of the products on our website and/or social media sites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or a picture on our website and/or social media page accurately reflects the colour of the products. The product delivered as part of our services may vary slightly from those images.

Your rights to make changes

If you wish to make a change to the product or service you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product and/or services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may be able to end the contract (see clause 8, Your rights to end the contract).

Our rights to make changes

6.1 Minor changes to the products. We may change the product delivered as part of our services:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product and will not affect their quality or performance.

6.2 More significant changes to the products and these terms. In addition, as set out in our brochure OR on our website OR told to you in the course of email exchanges we may make material changes to these terms or the services and their associated products, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services or products paid for but not received.

Providing the products and services

7.1 Supply and Fit. Our products are provided on a supply and install basis as part of our services. The costs of products, installation and delivery are inclusive in the price set out in our quotation.

7.2 When we will provide the services.

Our estimated date for commencing our services to you will be advised in our quotation. We will begin the services on the date advised to you by us in writing following receipt of the advance payment pursuant to clause 12.4. We will, at the same time, advise on the estimated completion date for the services.

7.3 Services provided during the cooling off period. You may choose to accept commencement of our services during the cooling off period (see clause 8.5) in which case your consent to do so must be confirmed to us in writing and in advance of commencement. Should you subsequently choose to cancel during the cooling off period you will be responsible for lost of profits and payment of services received up to point of cancellation (see clause 9.6).

7.4 We are not responsible for delays outside our control. If our supply of the products and services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products and services you have paid for but not received.

7.5 If you are not at home during performance of the contract . Prior to commencing our services to you we will discuss and agree with you any times that you are required to be at home when we deliver the products and/or carry out our services.

7.6 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.

7.7 When you own goods. You own a product which is goods once we have received payment in full.

7.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been told to you in the course of email exchanges or other written correspondence. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products or our services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.9 Reasons we may suspend the supply of products and services to you. We may have to suspend the supply of a product or our services:

(a) to deal with technical problems or make minor technical changes;

(b) to update the product and/or services to reflect changes in relevant laws and regulatory requirements;

7.10 Your rights if we suspend the supply of products and services. We will contact you in advance to tell you we will be suspending supply of the product and services, unless the problem is urgent or an emergency. If we have to suspend the product and/or services for longer than 30 days we will adjust the price so that you do not pay for products or services while they are suspended. You may contact us to end the contract for a product or services if we suspend it or them, or tell you we are going to suspend it or them, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product and services in respect of the period after you end the contract.

7.11 We may also suspend supply of the products and services if you do not pay. If you do not pay us for the products and services when you are supposed to (see clause 12.4) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the products and services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products and services. We will not suspend the products and services where there is a valid dispute regarding the unpaid invoice (see clause 12.6). We will not charge you for the products and services during the period for which they are suspended. As well as suspending the products and services we can also charge you interest on your overdue payments (see clause 12.5).

Your rights to end the contract

8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract or to get the product repaired or replaced or a service re-performed or to get some or all of your money back, see clause 11;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

(c) If you have just changed your mind , see clause 8.3. You may be able to get a refund if you are within the cooling-off period and have not expressly consented to our commencing services to you during this period (see clause 7.3). This may be subject to deductions and you will have to pay the costs of return of any goods;

(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and subject to clause 8.6 we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

(e) you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). This contract is a service contract for the purposes of the Consumer Contracts Regulations 2013. Your legal right to change your mind (and any associated refunds), are explained in more detail in these terms.

8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:

(a) products which are being produced to your bespoke measurements (in full or in part);

(b) services, once these have been completed, even if the cancellation period is still running;

(d) services in connection with urgent repairs or maintenance.

8.5 How long do I have to change my mind? You have 14 days after the day we email or write to you to confirm we accept your order. You may choose to accept commencement of our services during this time (see clause 7.3) however, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind, and may need to also pay for loss of profits.

8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. Our contract for services is completed when we have finished providing the services and installing the products and you have paid for them. If you want to end a contract before it is completed where we are not at fault, please write to us or email us to let us know. The contract will end immediately and we will refund any sums paid by you for products or services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) all losses including loss of profit, costs paid out by us (including the cost of all labour and materials used), damages, charges and expenses resulting from cancellation.

8.7 If you choose to cancel the contract within 5 working days (Monday – Friday) before the work is scheduled to commence, we will deduct the loss of profit from any funds that you have paid up to that point.

How to end the contract with us
(including if you have changed your mind)

9.1 Tell us you want to end the contract. To end the contract with us, please let us know, in writing, by doing one of the following:

(a) Email. Email your contract administrator using the contact details provided in your quotation or at info@adnroofing.co.uk. Please provide details of what you bought, when you ordered or received it and your name and address.

(b) By post. Write to us at ADN Roofing, 48 The Glades East Grinstead, West Sussex, RH19 3XW for the attention of Candy Nash, including details of your job number and your name and address.

9.2 Returning products after ending the contract. If you end the contract for any reason after products have been delivered to you ahead of installation, you must return them to us. You must arrange for us to collect them from you. Please call your contract administrator using the contract details provided on your quotation to arrange collection.

9.3 When we will pay the costs of return. We will pay the costs of return if products have been delivered to you ahead of installation and you are ending the contract because we have told you of an upcoming change to the product, our services or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

9.5 How we will refund you. We will refund you the price you paid for the products and services (which are inclusive of delivery costs), by the method you used for payment. However, we may make deductions from the price, as described below.

9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your unpacking and/or handling of them.

(b) We may deduct from any refund an amount for the supply of our services for the period for which they were supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract. You may also need to pay for loss of profits.

9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

Our rights to end the contract

10.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, including details regarding property access, ground conditions, deteriorating and unstable ground [which are not evident to us or drawn to our attention during our site survey of the relevant property];

(d) you do not, within a reasonable time, allow us access to your premises to supply the services.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you compensation for all losses including loss of profit, costs (including the cost of all labour and materials used), damages, charges and expenses we will incur as a result of your breaking the contract.

If there is a problem with the services

11.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone or write to your contract administrator using the contact details provided in your quotation.

11.2 Summary of your legal rights. We are under a legal duty to deliver services (which includes the installation of products) that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.The Consumer Rights Act 2015 says that in providing our services:

· you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

· if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

· if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

Price and payment

12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price as set out in our quotation which shall be valid for a period of 30 days from the date stated in the quotation. On expiry of the quotation we reserve the right to revise the price in an updated quotation. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

When you must pay and how you must pay.

We accept payment by BACS and Cheques payable to C Nash.

– All gutter cleans and jobs that take a day or under to complete must pay a partial payment (deposit) of 50% on acceptance of the quote with the remaining 50% to be paid on completion.

– All jobs that are due to take between one day and one week to complete must pay a partial payment (deposit) of 40% with the remaining 60% to be paid on completion.

– All jobs that are due to take between 1-3 weeks to complete must pay a partial payment (deposit) of 35% on booking, a further 35% after the first week with the rest to be paid on completion.

– Any job that is scheduled to take longer than 3 weeks is to have its own specific payment structure agreed with management, to be agreed in writing as time of booking.

13.1 We will invoice you for the balance of the job cost, according to the payment schedule set out in our quotation to you. Our Accounts Department may contact you on the day of completion in order to ensure payments are made promptly, as our invoices become due as soon as the work has been completed on your property.

13.2 As outlined in point 7.3 your deposit amount is fully refundable within our standard 14-day cooling off period unless any work has been carried out. If no work has been carried out, you will be entitled to 50% of your booking deposit back when informing us in writing that you are cancelling your booking.

13.3 We can charge interest if you pay late. If you do not make any payment to us by the due date (date of completion of work) we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

13.4 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

Our responsibility for loss or damage suffered by you

14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but 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 we and you knew it might happen, for example, if you discussed it with us during the sales process.

14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2 and for defective products under the Consumer Protection Act 1987.

14.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

14.4 Most home insurance providers require notification if you have scaffolding erected to your property for any reason. It is the customer’s duty to make this known to their home insurance providers.

14.5 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

How we may use your personal information

15.1 How we will use your personal information. We will use the personal information you provide to us:

(a) to supply the products to you;

(b) to process your payment for the products; and

(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

15.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

Other important terms

16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

16.2 You need our consent to transfer your rights to someone else (except that you can always transfer a product guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer any relevant produce or services guarantee to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property

16.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 15.2 in respect of a relevant guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or where we make changes to these terms.

16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

16.7 The products and services specified within the written quote, are the official specifications of work agreed to be carried out and/or provided within this contract. Any service or product not listed is not deemed to be included would need to be priced and arranged as extra. Upon receipt of the quote, clients are required to check the services and products listed as being included in the specification of works. By accepting the quotation, you are agreeing to the services and products listed.

16.8 Snagging and withholding payment. If there are small items(snagging) to complete after the final invoice has been issued, the maximum that the client can hold is 5% of the final invoice amount. This amount is then due for payment once all snagging items have been completed as per contract.

16.9 Guarantees. Unless your quote and/or invoice specifies otherwise, all work is covered by our standard 12-week warranty, which applies exclusively to full roof works. We do not provide a guarantee for repair work. During the warranty period, upon your request, we will inspect any reported defective work. If we confirm that defects resulted from our workmanship, we will schedule a date to correct the issue. This warranty will be voided if any other roofing company performs work on the roof during this period.

The warranty is subject to the following conditions:

• You must notify us in writing of any roof leaks within 7 days of discovery.
• You must take reasonable steps to maintain the roof in a serviceable condition.
• No outstanding payments should remain for the roof treatment under this warranty at the time you seek to enforce it.

This guarantee excludes any injury or damage to the roof arising, in our sole opinion, from the following causes:

• Natural disasters, including lightning, thunderbolt, storms, gales, hurricanes, tornadoes, or earthquakes.
• Negligence or misuse (except where attributable to ADN Roofing, its agents, or employees).
• Installation or application of non-ADN Roofing materials, including metalwork or other incompatible materials.

The guarantee will automatically lapse if, without prior written consent from ADN Roofing, any alterations or repairs are made to the roof, any structure or item is attached to it, or materials installed under the warranty scheme are tampered with in any way.

To make a claim under this guarantee, you must submit a written request to the guarantor at: ADN Roofing LTD, 48 The Glades, East Grinstead, West Sussex, RH19 3XW, accompanied by a copy of this form.

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