COUNTRYWIDE ROOFING & INSULATION LTD

STANDARD SERVICE TERMS AND CONDITIONS

BACKGROUND:

These Terms and Conditions are the standard terms for the provision of services and materials by Countrywide Roofing & Insulation Ltd, a company registered in England and Wales under number 12706804 whose registered office address is Forest Links Road, Ferndown, Dorset BH22 9PH.

1. Definitions and Interpretation
   • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

• Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, fax or other means, provided that neither email nor fax shall be a permitted means of communication in connection with any legal proceedings or process.

2. Information About Us
   • Our name and registered office address are set out above.
   • Our main contact address is 12/14 Westover Road, Bournemouth, Dorset BH1 2BY.
   • Our VAT number is 366733764.
   • Our telephone number is 0808 134 2352.
   • Our email address is This email address is being protected from spambots. You need JavaScript enabled to view it..
3. The Contract
   • These Terms and Conditions govern the sale and provision of Services and Materials by Us and will form the basis of the Contract between Us and You. Before submitting an Order, please ensure that You have read these Terms and Conditions carefully. If You are unsure about any part of these Terms and Conditions, please ask Us for clarification.
   • Nothing provided by us including but not limited to sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
   • A legally binding contract between Us and You will be created upon our acceptance of Your Order, indicated by Our Order Confirmation. To be valid and to be capable of forming the basis of the Contract, an Order Confirmation must be in writing and signed by a person authorised by Us to issue the Order Confirmation.
   • These Terms and Conditions shall take precedence over any terms and conditions that You may seek to impose or impress on Us, and they shall not be varied without Our explicit written consent.
4. Orders
   • All Orders for Services (including where appropriate Materials) made by You will be subject to these Terms and Conditions.
   • You may change Your Order at any time up to 48 hours (or 96 hours during the weekend) before We begin carrying out the Work by contacting Us.
   • If Your Order is changed, We will issue a revised Order Confirmation which will set out any change to the Price.
   • If You are a consumer (as defined in the Consumer Rights Act 2015), You may cancel Your Order within 14 Calendar Days of Our issue to You of the Order Confirmation. If You have already made any payments to Us under Clause 5 (including but not limited to a Deposit), subject to Clause 5.6, the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of Your cancellation. If You request that Your Order be cancelled, You must confirm this in writing.  If You wish to cancel the Work after this time period, or once We have begun carrying out the Work, please refer to Clause 10.
   • If You are not a consumer and are procuring Services and/or Materials for Your business purposes, Our acceptance of a cancellation by You under the preceding Clause 4.4 or indeed whether We charge in full or offer a discounted settlement figure shall be at Our entire discretion.
   • We may cancel Your Order at any time before We begin carrying out the Work due to the unavailability of required personnel or Materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform You as soon as is reasonably possible. If You have made any payments to Us under Clause 5 (including a Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing You of the cancellation.  Cancellations under this Clause 4.6 will be confirmed in writing.
5. Price and Payment
   • The Price of the Services (and where appropriate Materials) will be that shown in Our Order Confirmation. If the Price shown in Your Order differs from the Price shown in Our Order Confirmation, We will bring the difference to Your attention, but in any event the Price shown in Our Order Confirmation will prevail.
   • The total Price shown in the Order Confirmation will include VAT, although the amount of VAT will also be shown separately. If the rate of VAT changes between the date of Your Order and the date of Your payment, We will adjust the rate of VAT that You must pay.
   • Our initial tender will provide details of the various payments due to Us under the Contract, but generally payments of the Price will be required at different stages during the period of the Contract, namely:
     • a Deposit, which is usually 30% of the overall Price including VAT, payable a minimum of two days before the commencement of the Work;
     • refer to invoice for any additional payment schedule breakdown
     • the final amount as per invoice Price, payable within three days of completion of the Work..

The amount of the Deposit and dates when the stage payments shall be paid will be set out in the Order Confirmation, but however the payments of the Price are structured, the final amount will be due for payment from You by no later than three days following completion of the Work.

• In the event that:
  • You request changes to the Work or the sequence in which the Work is carried out; or
  • We encounter difficulties or obstructions during the carrying out of the Work which could not reasonably have been foreseeable by Us during the carrying out of an inspection or prior to the commencement of the Work; or
  • You fail to provide Us with information or take action that is required from You in order for Us to carry out the Work; or
  • there is an unforeseen increase in the cost of any Materials that are required in order for Us to carry out the Work,

and as a consequence We incur an increase in the cost of carrying out the Work, We reserve the right to increase the Price to the extent permitted by law.  We will notify You of any such increase and will include the increase in Our invoice.

• If We are unable to carry out the Work as a result of:
  • Us not being able to get access to Your premises or to the Work site due to there being no-one present at the premises or the site at Our arrival time (usually say 08.30 on the first day of carrying out the Services and thereafter or as stated in the tender letter or Order Confirmation); or
  • Us not being able to gain safe or straightforward access due to obstructions at the Work site such as the attic, roof or loft space being full of Your belongings which have not been cleared before We are due to start the Work; or
  • or there are issues such as signs of a rodent infestation or a wasp or bee nest or similar in the attic, roof or loft space,

then we will be entitled to charge the Default Daily Rate for any time and expense that We may occur in terms of wasted time, travelling and accommodation costs or Materials, and this will be payable in addition to Our tendered Price.

• In certain circumstances, if Your Order is cancelled, Your Deposit will be refunded in full or in part. The amount due will be calculated based upon the Price for the Work as set out in the Order Confirmation and the amount of Work already undertaken or supplied by Us. Please refer to Clauses 4.4 and 4.5 if Your Order is cancelled before the Work begins, or to Clause 10 if the Work is cancelled after it has begun.
• If You do not make payment to Us by the due date (as shown in Our invoice), We may charge You interest on the overdue sum at the rate of 10% per annum above the base lending rate of NatWest Bank from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.  The time of payment shall be of the essence of the Contract.

2. Carrying Out the Work
   • As required by law, We will carry out the Work with reasonable skill and care, consistent with best practice and standards in the roof insulation industry.
   • Before We begin carrying out the Work, We will carry out an inspection on the roof to Your property and in particular on the foam insulation that had been applied to the underside of the roof by a third party contractor. Such an Inspection may be carried out remotely at Our discretion. It is a condition of the Contract that You are honest and open in respect of any questions We may require you to answer to enable Us to carry out the Work.
   • Following completion of the inspection, We will supply You with a report that will set out the steps that We recommend are taken in order to remove the foam insulation. Our standard recommendation is to dismantle the existing roof to Your property, remove the foam insulation and reconstruct the roof (including the roofing felt). However, if you require or choose an alternative form of Work, such as a solution that will involve the removal of the foam insulation without the need to dismantle the existing roof (as confirmed in Our Order Confirmation), You agree that the nature of this Work is such that when the foam insulation is being removed, some damage to the roof may occur although such damage may not actually be visible.  In these circumstances We cannot be held liable for any damage to the roof (including without limitation roof tiles and finishes, roofing felt or the wooden structure of the roof) or for leaks into the roof space caused through unavoidable damage to the roofing felt.
   • We will begin carrying out the Work on the date confirmed in Our Order Confirmation.
   • We will make every reasonable effort to complete the Work on time (or if no time for completion has been specified, within a reasonable time of the commencement of the Work). We cannot, however, be held responsible for any delays if an event outside of Our control occurs, and time shall not be of the essence in respect of the Work. Please see Clause 9 for events outside of Our control.
   • If We require any information or action from You in order to carry out the Work, We will inform You of this as soon as is reasonably possible.
   • If the information or action required of You under Clause 6.6 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on Your part, We may charge You a reasonable additional sum for that work (which in the relevant circumstances may include the Default Daily Rate.
   • In certain circumstances, for example where there is a delay in You sending Us information or taking action required under Clause 6.6, We may suspend the Work (and will inform You of that suspension in writing).
   • In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Work in order to resolve the issue. Unless the issue is an emergency, which requires immediate attention, We will inform You in advance in writing before suspending the Work, if possible.
   • If the Work is suspended under Clause 6.9, You will not be required to pay for it during the period of suspension, unless the delay is due to your actions or inactions. You must, however, pay any invoices that You have already received from Us by their due date(s).
   • If You do not pay Us for the Work as required by Clause 5, We may suspend further Work until You have paid all outstanding sums due. If this happens, We will inform You in writing. This does not affect Our right to charge interest under Clause 5.6.
3. Problems with the Work and Your Legal Rights
   • We always use reasonable efforts to ensure that Our carrying out of the Work is trouble-free. If, however, there is a problem with the Services or the Materials We have supplied We request that You inform Us as soon as is reasonably possible.
   • We will use reasonable efforts to remedy reasonable problems caused by carrying out the Work with the Services or Materials as quickly as is reasonably possible and practical. These issues requiring repair will not include latent problems with the building or minor issues such as “zips” (which are minor cracks in the plaster of ceilings or walls caused by the weight of anyone or anything moving or being moved around in the roof space). We will not be responsible for any damage of aerials in the roof space or on top of the roof which may be inadvertently damaged due to Our being unable to see them or otherwise to avoid such damage in the course of carrying out the Work.
   • In the event that You or any third party climbs Our scaffolding or causes any damage to Our scaffolding or any skips on site, We will not be liable for any such losses or damage, and We reserve the right to require You to compensate Us for any damage so caused.
   • We will not charge You for remedying problems under this Clause 7 where the problems have been caused by Us, any of our agents or employees or sub-contractors, other than zips as referred to in Clause 7.2, which do not normally warrant a repair. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by You or latent defects in the building not caused by Us, Clause 6.7 will apply, and We may charge You for remedial work.
   • If You are procuring Services or Materials from Us as a consumer (and in no other circumstances), You have certain legal rights with respect thereto. For full details of Your legal rights and guidance on exercising them, it is recommended that You contact Your local Citizens Advice Bureau or Trading Standards Office. For example, If We do not carry out the Work with reasonable skill and care, You have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You, You have the right to a reduction in price.
4. Our Liability
   • We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable or for loss or damage in the circumstances set out in Clause 6.3.
   • We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
   • If We are carrying out Work in Your property and We cause any damage, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your property, and We are not responsible where You have instructed Us to remove the foam insulation without having first dismantled the existing roof and damage is caused to the roof (including without limitation roof tiles and finishes, roofing felt or the wooden structure of the roof), such damage being deemed unavoidable.
   • Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
   • Any liability for any damage caused by Us, which is not due to your action or inaction or a latent problem with Your building, shall not exceed the net Contract Price.
5. Events Outside of Our Control (Force Majeure)
   • We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include but are not limited to: power failure, internet service provider failure, shortages of Materials, road closures, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic or other natural disaster, or any other event that is beyond Our reasonable control.
   • If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
     • We will inform You as soon as is reasonably practicable;
     • Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
     • We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Services or Materials as necessary;
     • if the event outside of Our control continues for more than eight weeks, We may cancel the Contract in accordance with Our right to cancel under Clause 10.4(d) and inform You of the cancellation. Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.

6. Cancellation
   • The following provisions set out in this Clause 10 shall apply only where You are a consumer. If You are procuring Work from Us other than as a consumer, that is where You are procuring the Work for Your business purposes, the acceptance of any cancellation or purported cancellation by You shall be at Our entire discretion and on such terms as We may reasonably require.
   • If You wish to cancel Your Order before the Work begins, You may do so under Clause 4.4.
   • You are free to cancel the Work and the Contract at any time by giving Us seven Calendar Days’ written notice, so long as You do so at least 30 days before commencement of the Work is due to take place.
   • If any of the following occur, We may cancel the Work and the Contract immediately by giving You written notice:
     • You fail to make a payment on time as required under Clause 5 (this does not affect our right to charge interest on overdue sums under Clause 5.6); or
     • You have breached the Contract in any material way and have failed to remedy that breach within 28 Calendar Days of Us asking You to do so in writing; or
     • You enter into liquidation or have an administrator or receiver appointed over Your assets, or You are declared bankrupt; or
     • We are unable to carry out the Work due to an event outside of Our control (for a period longer than that stated in Clause 9.2(d));
     • You do or do not do something which prevents Us from carrying out the Work.
   • We may cancel Your Order before the Work begins under Clause 4.6.
   • We may cancel the Work and the Contract at any time by giving You seven Calendar Days’ written notice. If You have made any payment to Us for any element of the Work that has not yet been provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have carried out Work that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 5.
   • For the purposes of this Clause 10 (and in particular Clause 10.4(b)) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to Us. In deciding whether or not a breach is material, no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
7. Communication and Contact Details
   • If You wish to contact Us, You may do so by telephone or by email, details of which are in Clause 2.
   • In certain circumstances You must contact Us in writing (when cancelling an Order, for example, or exercising Your right to cancel the Work). When contacting Us in writing You may use the following methods:
     • by email at This email address is being protected from spambots. You need JavaScript enabled to view it.; or
     • by pre-paid post to 12/14 Westover Road, Bournemouth BH1 2BY.

8. Complaints and Feedback
   • We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
   • If You wish to complain about any aspect of Your dealings with Us, including but not limited to these Terms and Conditions, the Contract or the Work, please contact Us in one of the following ways:
     • in writing to the Managing Director at 12/14 Westover Road, Bournemouth BH1 2BY; or
     • by email addressed to the Managing Director at This email address is being protected from spambots. You need JavaScript enabled to view it.; or
     • by telephone on 0808 134 2352.

9. How We Use Your Personal Information (Data Protection)

We undertake to use Your personal information strictly in accordance with data protection legislation applicable in the United Kingdom.

10. Other Important Terms
    • It is a condition of the Contract that You notify Us immediately in writing in the event that you put the property on which We are carrying out or intend to carry out the Work up for sale, and You must pay the Price in full on or before completion of the sale.
    • If you move home and leave the property before the Price for the Work has been paid in full, you must provide a future forwarding address and the name of Your solicitor dealing with the sale of the property.
    • We may transfer or assign Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party. If this occurs You will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected, and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
    • You may not transfer or assign Your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
    • The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions, and the Contract (Rights of Third Parties) Act 1999 is specifically excluded.
    • If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
    • No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
11. Governing Law and Jurisdiction
    • These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England and Wales.
    • If You are a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Clause 15.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
    • Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.