1. General
1.1 These Terms and Conditions apply to all quotations, estimates, orders and contracts for roofing, leadwork and associated works undertaken by N. Lee & Son Ltd, hereafter referred to as “the Company”.
1.2 Any quotation issued by the Company constitutes an invitation to treat and is not a binding offer unless expressly stated otherwise.
1.3 A contract shall come into existence when the Customer accepts the Company’s quotation in writing, confirms the order by email or other written communication, or instructs the Company to commence the Works.
1.4 These Terms and Conditions shall apply to the contract unless expressly varied or replaced by written agreement signed by an authorised representative of the Company.
1.5 Any terms or conditions contained in a Customer’s purchase order or other document shall not apply unless expressly accepted by the Company in writing.
2. Quotations
2.1 Quotations are valid for 30 days from the date of issue unless otherwise stated.
2.2 Unless specifically stated otherwise, all prices are exclusive of VAT. VAT will be charged at the applicable rate or dealt with under the applicable VAT Domestic Reverse Charge rules where required.
2.3 Quotations are based upon the information available to the Company at the time of quotation and upon the visible condition of the property and Works.
2.4 The Company shall not be responsible for conditions that could not reasonably have been identified before commencement of the Works, including concealed defects, defective or rotten timbers, inadequate existing structures, hidden voids, defective previous repairs, concealed water damage, asbestos or other hazardous materials.
2.5 Where unforeseen conditions are discovered, the Company shall notify the Customer where reasonably practicable and may submit a quotation, estimate or daywork rate for the additional Works required.
2.6 Unless specifically stated otherwise, quotations do not include structural engineering, architectural services, planning applications, listed building consent, building control fees, surveys, specialist testing or other professional services.
2.7 Material, labour, plant, scaffolding and other costs are based upon prices available at the date of quotation. Where significant increases occur between quotation and commencement, the Company reserves the right to revise the quotation, subject to agreement with the Customer.
3. Description and scope of works
3.1 The Company will carry out the Works described in its quotation.
3.2 Anything not expressly included within the quotation shall be deemed excluded.
3.3 Measurements, quantities and descriptions contained within quotations are based upon information available to the Company and may be subject to adjustment where actual site conditions differ.
3.4 Where the quotation contains provisional sums or provisional quantities, these are allowances only and the final cost may be adjusted to reflect the actual Works undertaken and materials used.
4. Variations and additional works
4.1 Any alteration, addition, omission or substitution to the Works shall constitute a variation.
4.2 Variations requested by the Customer, or Works reasonably required as a result of unforeseen site conditions, shall be charged in addition to the original contract price.
4.3 Wherever reasonably practicable, the Company will provide the Customer with the additional cost before undertaking the variation.
4.4 Where immediate action is reasonably necessary to protect the building, prevent water ingress or ensure safety, the Company may undertake emergency or necessary additional Works without obtaining prior written approval where obtaining such approval is impractical.
4.5 Verbal instructions may constitute a variation where they are given by the Customer or the Customer’s authorised representative. The Company may confirm such instructions in writing.
4.6 No deduction, contra charge or set-off shall be made from monies due to the Company unless expressly agreed in writing by the Company.
5. Payment
5.1 Payment terms shall be as stated on the Company’s quotation or invoice.
5.2 Unless otherwise agreed in writing, invoices are payable within 14 days of the invoice date.
5.3 The Company may require a deposit or advance payment before commencement of Works, particularly where materials are required to be purchased specifically for the project.
5.4 Interim applications for payment may be submitted during the Works where appropriate and shall reflect the value of Works completed, materials supplied or materials specifically purchased for the project.
5.5 The Customer shall not withhold payment of an undisputed amount because of a dispute relating to another part of the invoice.
5.6 Where an invoice remains unpaid after the due date, the Company reserves the right to suspend Works following reasonable written notice.
5.7 The Customer shall be responsible for reasonable additional costs incurred by the Company as a result of late payment, including reasonable administration, collection and legal costs where permitted by law.
5.8 For business-to-business contracts, the Company reserves the right to charge interest on overdue sums in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, where applicable, together with any statutory compensation and recovery costs.
5.9 Where the Customer is operating under the Construction Industry Scheme (CIS), the appropriate tax deductions and/or VAT Domestic Reverse Charge shall be applied where legally required.
6. Materials and title
6.1 All materials supplied by the Company shall remain the property of the Company until payment for those materials has been received in full, to the extent permitted by law.
6.2 Once materials have been incorporated into the Works, the rights of the parties shall be subject to applicable law.
6.3 The Customer shall provide reasonable and safe storage for materials delivered to site where such storage is required.
6.4 The Company shall not be responsible for loss or damage to materials caused by theft, vandalism, weather or other circumstances outside the Company’s reasonable control where the materials have been left on site at the Customer’s request or are awaiting installation.
7. Leadwork
7.1 Leadwork shall be carried out in accordance with the agreed specification and, where applicable, relevant industry standards and manufacturer recommendations.
7.2 The natural appearance and colour of lead will change over time through oxidation and weathering. Variations in colour, surface appearance and patination are inherent characteristics of lead and shall not constitute a defect.
7.3 Newly installed lead may cause temporary staining to adjacent surfaces as a result of natural runoff and oxidation. The Company may recommend the use of suitable patination products where appropriate.
7.4 The Company shall not be responsible for staining, corrosion or deterioration caused by incompatible materials, existing construction, previous workmanship or conditions outside the Company’s control.
7.5 Where existing leadwork is retained, the Company does not guarantee the condition, watertightness or remaining service life of that existing leadwork unless specifically stated otherwise.
8. Existing, reclaimed and used tiles and slates
8.1 Where existing, reclaimed, salvaged or used tiles or slates are incorporated into the Works, the Customer acknowledges that such materials are not new and may have pre-existing deterioration, weakness, cracking, delamination, weathering, frost damage or other defects.
8.2 The Company will use reasonable care when handling and fixing reclaimed or existing tiles and slates. However, due to their age, condition and previous exposure, no guarantee is given that individual used, reclaimed or existing tiles or slates will remain securely fixed or will not subsequently become loose, slip, crack, break or fall from the roof.
8.3 The Company shall not be responsible for replacing used, reclaimed or existing tiles or slates that subsequently fail due to their age, condition, inherent defects, weathering, frost, movement or other circumstances outside the Company’s reasonable control.
8.4 Where replacement reclaimed or used tiles or slates are required, the cost of labour and materials shall be chargeable unless expressly included within the quotation.
8.5 Where new tiles or slates are specified, the Company will use reasonable care in accordance with the manufacturer’s recommendations and applicable industry standards. Minor variations in colour, texture, size and appearance are inherent in natural and manufactured roofing materials and shall not constitute defects.
9. Existing roof and structure
9.1 Roofing Works involve working on existing buildings and structures which may contain concealed defects.
9.2 The Company shall not be responsible for defects in existing roof structures, timbers, walls, ceilings, gutters, fascias, soffits, chimneys or other elements which were not caused by the Company.
9.3 Where rotten, defective, inadequate or damaged timber or other structural elements are discovered, the Company reserves the right to charge for replacement or remedial Works.
9.4 Any structural alterations or repairs requiring an engineer or other specialist shall be subject to separate instruction unless expressly included within the quotation.
10. Weather and water ingress
10.1 Roofing Works are weather dependent and commencement and completion dates may be affected by rain, wind, frost, snow, extreme temperatures or other adverse conditions.
10.2 The Company will take reasonable precautions to protect the building and maintain temporary weatherproofing while Works are in progress.
10.3 Due to the nature of roofing Works, the Company cannot guarantee that a roof which has been opened, stripped or is undergoing repair will remain completely watertight during periods of severe, sudden or prolonged adverse weather.
10.4 The Customer is responsible for taking reasonable precautions to protect valuable, fragile or moisture-sensitive contents, furniture, equipment and internal finishes beneath areas where roofing Works are being undertaken.
10.5 The Company shall not be liable for consequential loss, damage to contents or internal finishes where reasonable precautions have not been taken by the Customer, subject always to the Company’s statutory obligations and any liability which cannot lawfully be excluded.
11. Internal damage, dust and vibration
11.1 Roofing and leadwork can involve drilling, cutting, stripping, lifting, hammering and movement of materials.
11.2 The Customer acknowledges that vibration may cause movement or damage to existing plaster, ceilings, soffits, render, tiles, decorations or other fragile finishes, particularly where these are old, defective or poorly bonded.
11.3 The Company will take reasonable care but shall not be responsible for damage arising from pre-existing defects, inadequate fixing, poor construction or the inherent fragility of existing finishes.
11.4 Removal of roof coverings may result in dust and debris entering loft spaces or other areas. The Customer should remove or adequately protect possessions and stored items before commencement.
12. Gutters, downpipes and existing rainwater goods
12.1 The Company shall not be responsible for damage or deterioration to existing gutters, downpipes, outlets, fascias or other rainwater goods where such items are already defective, fragile, corroded or beyond their expected service life.
12.2 Where existing rainwater goods are required to be removed and reinstated, the Company will take reasonable care but cannot guarantee that old or deteriorated components will withstand removal and reinstatement.
12.3 Any replacement or additional Works required to existing rainwater goods shall be treated as a variation unless expressly included within the quotation.
13. Roof plant, fixtures and obstructions
13.1 Unless expressly stated otherwise, the Customer is responsible for arranging the removal, isolation or protection of roof-mounted plant, equipment and fixtures, including but not limited to air-conditioning units, condensers, solar equipment, aerials, satellite dishes, lightning conductors and other installations.
13.2 Where the Company is instructed to remove or work around such items, additional charges may apply.
13.3 The Company shall not be responsible for defects or damage to existing installations that are defective, incorrectly installed or unsuitable for removal.
14. Scaffolding, access and hoisting
14.1 Where scaffolding, hoists, access equipment, skips, welfare facilities, permits or highway licences are included within the quotation, they shall be provided only to the extent stated.
14.2 The Customer shall not alter, move, interfere with or permit unauthorised persons to use scaffolding or access equipment.
14.3 The Company shall not be responsible for injury or damage arising from unauthorised alteration, movement or use of scaffolding or access equipment.
14.4 Where additional scaffold hire, licences, permits, extensions or alterations are required due to delays, variations or circumstances outside the Company’s control, additional charges may apply.
14.5 The Customer shall provide reasonable access to the property and working areas throughout the duration of the Works.
15. Customer’s responsibilities
15.1 The Customer shall provide the Company and its employees, subcontractors and suppliers with safe and reasonable access to the property and working areas.
15.2 Where reasonably required, the Customer shall provide access to suitable electricity and water supplies free of charge.
15.3 The Customer shall notify the Company of any known hazards, restrictions, fragile areas, asbestos, structural defects, underground or concealed services, or other conditions which may affect the Works.
15.4 The Customer shall obtain any permissions, consents or approvals which are their responsibility unless specifically included within the Company’s quotation.
15.5 The Customer shall ensure that pets, children and unauthorised persons are kept away from working areas, scaffolding, ladders, materials and equipment.
16. Delays
16.1 Any commencement or completion dates provided by the Company are estimates unless expressly agreed in writing as fixed contractual dates.
16.2 The Company shall not be responsible for delays caused by circumstances beyond its reasonable control, including adverse weather, material shortages, supplier delays, transport problems, industrial action, illness, accidents, unforeseen site conditions, changes requested by the Customer, delayed decisions or approvals, or delays caused by other contractors.
16.3 Where such circumstances occur, the Company shall be entitled to a reasonable extension of time and, where appropriate, reimbursement of additional costs reasonably incurred.
17. Waste, salvaged materials and scrap
17.1 Unless otherwise agreed, all waste, scrap lead, copper, metal, tiles, slates and other materials removed from the Works shall become the property of the Company.
17.2 Any value attributable to salvaged or scrap materials shall be deemed to have been allowed for within the Company’s quoted price unless expressly stated otherwise.
17.3 The Company reserves the right to retain or remove reusable materials arising from the Works unless the Customer has specifically purchased or retained ownership of those materials under the quotation.
18. Plant, tools and equipment
18.1 The Customer shall not use or interfere with the Company’s tools, plant, equipment, ladders, access equipment or machinery.
18.2 The Customer shall be responsible for any loss or damage caused by unauthorised use or interference.
19. Daywork rates
19.1 Where Works cannot reasonably be priced in advance, or where the Company is instructed to undertake additional Works on a daywork basis, the Company’s current daywork rates shall apply.
19.2 Unless otherwise stated on the quotation, daywork will be charged at the Company’s prevailing rates for skilled operatives, labourers and other personnel.
19.3 Materials, plant, equipment, specialist subcontractors, delivery charges, waste disposal, scaffold and other associated costs shall be charged in addition where applicable.
19.4 The Company may provide an updated daywork rate schedule with individual quotations or contracts.
19.5 Time spent travelling to and from a site may be chargeable where specifically stated in the quotation.
20. Guarantee and workmanship
20.1 Unless otherwise stated in writing, the Company warrants that Works carried out by the Company will be completed with reasonable care and skill and in accordance with the agreed specification.
20.2 Where a specific workmanship guarantee is provided in the quotation, the period and scope of that guarantee shall be as stated in the quotation.
20.3 Any guarantee applies only to workmanship carried out by the Company and does not extend to existing materials, existing structures, reclaimed or used tiles/slates, materials supplied by the Customer or defects arising from circumstances outside the Company’s control.
20.4 Manufacturer’s warranties or guarantees for materials will be passed to the Customer where available and applicable.
20.5 Any manufacturer’s warranty is subject to the manufacturer’s own terms, conditions and exclusions.
20.6 The guarantee does not cover defects or damage arising from:
- building movement or structural movement;
- defective or inadequate existing structures;
- existing defective timbers;
- defective previous workmanship;
- extreme or abnormal weather;
- storm, flooding or other exceptional events;
- subsequent alterations or modifications;
- unauthorised works carried out by others;
- aerials, satellite dishes or other subsequently installed equipment;
- solar panels or roof-mounted equipment;
- traffic or access across the roof;
- moss, vegetation or biological growth;
- lack of maintenance;
- impact damage;
- damage caused by third parties;
- use of reclaimed, salvaged or existing roofing materials;
- natural deterioration of existing materials; or
- any other matter outside the Company’s reasonable control.
20.7 Any guarantee provided by the Company is conditional upon the Customer complying with reasonable maintenance requirements and does not remove or restrict any statutory rights which cannot lawfully be excluded.
21. Guarantee for used or reclaimed tiles and slates
21.1 No guarantee is provided by the Company in respect of used, reclaimed, salvaged or existing tiles or slates falling, slipping, cracking, breaking, delaminating or otherwise failing after installation.
21.2 The Customer acknowledges that the age, previous use, weather exposure and condition of such materials cannot always be determined and that hidden defects may exist.
21.3 The Company’s responsibility is limited to exercising reasonable care and skill when handling and installing such materials.
21.4 Any subsequent replacement of failed used, reclaimed, salvaged or existing tiles or slates shall be chargeable to the Customer unless the Company has expressly agreed otherwise in writing.
22. Insurance and liability
22.1 The Company maintains appropriate insurance for its business activities.
22.2 The Company shall not be liable for loss or damage caused by matters outside its reasonable control or for pre-existing defects in the property.
22.3 Nothing in these Terms and Conditions shall exclude or restrict liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any statutory rights that cannot legally be excluded.
22.4 Subject to the above, the Company shall not be liable for indirect or consequential losses, loss of profit, loss of business or loss of opportunity arising from the Works.
23. Cancellation and suspension
23.1 The Company reserves the right to refuse cancellation where materials have already been specially ordered, manufactured or delivered for the Customer’s Works.
23.2 Where the Customer cancels the Works after the contract has been accepted, the Customer may be responsible for reasonable costs incurred by the Company as a result of the cancellation, subject to any applicable statutory cancellation rights.
23.3 The Company may suspend Works where invoices remain unpaid, where safe working conditions cannot be maintained, where access is denied or where the Customer materially breaches the contract.
23.4 Any reasonable additional costs arising from such suspension may be charged to the Customer where permitted by law.
24. Copyright and documentation
24.1 Copyright in the Company’s quotations, specifications, drawings, photographs, designs, schedules, calculations and other documents shall remain the property of the Company unless otherwise agreed in writing.
24.2 Such documents shall not be copied, reproduced or provided to another contractor for the purpose of obtaining alternative quotations without the Company’s written permission.
25. Subcontracting
25.1 The Company reserves the right to employ competent subcontractors or specialist contractors where reasonably required to carry out the Works.
25.2 The Company remains responsible for the Works for which it has contracted, subject to these Terms and Conditions.
26. Retention and main contractor discounts
26.1 No retention, discount, contra charge or main contractor discount shall apply unless expressly agreed by the Company in writing before commencement of the Works.
26.2 Where retention is agreed, the amount and release date shall be specifically stated in writing.
27. Disputes
27.1 In the event of a dispute, the Customer and the Company shall first attempt to resolve the matter through good-faith discussion.
27.2 The Customer shall notify the Company in writing of the nature of any complaint or alleged defect and provide reasonable access to inspect the Works.
27.3 The Company shall be given a reasonable opportunity to inspect and, where appropriate, rectify any alleged defective workmanship before another contractor is instructed to carry out remedial Works.
27.4 Nothing in this clause prevents a Customer from exercising any statutory rights available to them.
27.5 Where a dispute cannot be resolved by agreement, either party may pursue any remedy available under English law.
28. Termination
28.1 Either party may terminate the contract where the other party commits a material breach and, where the breach is capable of remedy, fails to remedy that breach within a reasonable period after receiving written notice.
28.2 If the contract is terminated due to the Customer’s breach, the Company shall be entitled to payment for Works completed, materials purchased or ordered, reasonable demobilisation costs and other losses recoverable under the contract and applicable law.
28.3 If the contract is terminated due to the Company’s material breach, the Customer’s rights shall be determined in accordance with applicable law.
29. Force majeure
29.1 The Company shall not be liable for failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control.
29.2 Such circumstances may include extreme weather, flooding, fire, accident, epidemic or pandemic, industrial disputes, shortages of labour or materials, transport disruption, supplier failure, government action or other circumstances outside the Company’s reasonable control.
30. Consumer rights
30.1 Where the Customer is a consumer, nothing within these Terms and Conditions is intended to exclude, restrict or limit any statutory rights or protections which apply under UK consumer legislation.
30.2 Where consumer cancellation rights apply, the Company will provide the Customer with the relevant cancellation information and notice where required by law.
31. Law and jurisdiction
31.1 These Terms and Conditions and any contract to which they apply shall be governed by the laws of England and Wales.
31.2 Subject to any mandatory statutory rights, the courts of England and Wales shall have jurisdiction over any dispute arising from the contract.
32. Acceptance
By accepting the Company’s quotation, issuing a purchase order, providing written confirmation or instructing the Company to commence Works, the Customer confirms that they have read and accepted these Terms and Conditions.