Terms and Conditions: Commercial

1. Agreement

These terms and conditions serve as both an agreement and YOUR GUARANTEE between Universal Renewables Ltd T/A Universal Eco Homes (The Roof Cleaning Experts) Services (the business) and you (the customer) to provide the goods and services the customer requires in exchange for payment for the purpose of undertaking the completion of business-to-business agreements. The customer should ensure that they read through these provisions before placing an official order. However, the order has not been accepted until the business issues a clear written confirmation for a binding contract to then be taken to exist between the parties. The business may also amend and/or update these provisions without notice at any time; although the customer may request an up-to-date version of these Terms and Conditions via either post or e-mail as they deem to be appropriate. However, where a customer accepts a quotation from the business, they are considered to have agreed to everything included in these Terms and Conditions and the specific Agreement without exception, so the business will then carry out the agreed work. The customer also agrees that the business is fully indemnified against any property damage that may arise, except if it is caused by negligence or wilful misconduct on the part of anyone employed by and/or undertaking work for the business. At the same time, however, the business will NOT be considered to be liable for damage to loose material, paint, wood, trim, or windows already notified to the customer as damaged by the business and documented in writing, photos and/or video at work’s commencement and/or during its completion.

2. Construction Design and Management Regulations Requirements

In the event that the business contracts with a customer on a business-to-business basis, we agree to adhere to current Construction Design and Management Regulations (CDM) regulations and requirements whilst working on any site/premises belonging to a customer.

It is agreed that, after an official verbal and/or written confirmation or official order number is received, this will amount to the contract’s engagement before work is commenced by the business and all relevant work scheduling and permits will then be impacted upon. Then, wherever it is required, the business will both prepare and provide all of the information that is needed for both the consideration and understanding of a given customer, including the project method statement and the risk assessment for the purpose of then fulfilling both CDM requirements and safe working practices.

As a result of the kind of work that the business undertakes, it is impossible for the business to guarantee that all surfaces that the business works on, may be restored to their original condition. Consequently, in every case, the business will undertake a test sample for approval by either the customer themselves or the customer’s agent (also known as their Nominated Representative that the customer must name in writing at the time when a business-to-business agreement is reached with the business). Then, once the aforementioned test sample is approved by the customer’s Nominated Representative, this will be considered to be the accepted finish standard for the work that is to be completed as part of the contract to have been agreed between the parties that are involved in a specific instance.

In a business-to-business agreement, it is incumbent upon the customer to provide a site induction via their Nominated Representative who will be taken by the business to have a clear and unequivocal substantive knowledge of the site and services, along with all of the customer’s emergency protocols and contact details for every possible emergency.

The customer will also be expected to have provided their Nominated Representative with sufficient authority in the event that it proves necessary to deal with matters including, but not limited to, either amending or varying the work required to be completed, signing project completion certificates/satisfaction notifications and dealing with any other matter that would otherwise be taken to fall within the remit of the customer.

As and where appropriate, in business-to-business agreements, it is necessary to provide the customer with a comprehensive written account of the work that is to be completed under the agreement between the parties, along with a list of all of the individuals that will be carrying out the work itself in writing (where necessary then the business will update the list of individuals carrying out the work in writing).

It is incumbent upon the customer to permit both unobstructed and free access to all of the areas of the site, including, but not limited to, on-site services that the business requires access to in order to be able to complete the work that they have agreed to undertake, under the terms of a given agreement. In the event that there are any delays or curtailments that the business cannot accommodate in practice, then the customer is taken to understand that this could potentially incur additional charges in keeping with the Cancellation Policy, included in these Terms and Conditions.

Except where it is otherwise agreed between the parties, there is a need for the customer to also provide both unobstructed and free access to on-site water, and electricity supplies, in the event that it is needed by the business to complete the work that they have agreed to provide.

In the event that the work agreed upon between the parties to a given agreement will take more than one day to complete, and the business has both informed and agreed that it is inefficient for the business to remove their equipment at the end of each day’s work, the customer must provide on-site safe undercover storage of this equipment except where it is specifically excluded from the agreement’s estimate/tender schedule.

Welfare facilities, including, but not limited to toilets and, where applicable, canteen facilities, are to be made available by the customer to the business’s individuals that are carrying out the work required under the agreement, except where it is otherwise expressly excluded in the estimate/tender schedule.

Where any waste is generated as a result of the work undertaken by the business as part of their agreement with a customer, this waste is to be undertaken on-site at the designated waste unit belonging to the customer, except where it is specifically excluded in the estimate/tender schedule.

Should a need for a cancellation arise for any reason in the course of a given relationship between the business and a particular customer, there is a need to refer to the Cancellation Policy section, that is also set out here as part of these Terms and Conditions.

 

3. Our Inspection

The business will always want to inspect the customer’s property/premises before any work is agreed upon for, including, but not limited to, the work site, water’s outdoor supply, and damage. Photos/video will be taken of the customer’s site, both before and after work is completed, since the business is not liable for any pre-existing damage. Where the business agrees to do a ‘site-unseen’ quote based on customer photos, Google Maps or any other software, the customer understands that damage cannot be picked out as easily as ‘in-person’. However, while the business cannot be deemed liable for any unacknowledged damage, wherever possible, the business will identify said damage for the customer. Then, where the business starts any work and finds any further damage during said work’s completion, the business will photograph said damage and cease all work until the customer has acknowledged the damage without breaching any agreed timeframe between the parties. Additionally, should the moss and lichen present on a customer’s property be worse than was originally anticipated so as to need another cleaning process, the business will advise the customer of this fact once work has commenced. At this time, the business will advise the customer that a test patch should be completed first that will be chargeable, but the price that is paid be deducted from the final order amount.

 

4. The Business’s General Obligations

Allied to the need to adhere to the CDM requirements and the other points that are set out in these Terms and Conditions, the business will guarantee that the staff working under the provisions of the agreement with the contract are both fully aware of and compliant with the security procedures to have been implemented by the customer in a given case.

Where the customer and/or its servants or agents, including by a trade dispute, serve to stop the business from being able to provide the services set out in the terms of a given agreement with a customer then these services will be deemed to have been provided to the customer. This shall include any period in the event that the customer has served to extend its premises closure for longer than any statutory holidays, such as Christmas, in keeping with both the cancellation and rescheduling policies set out in these Terms and Conditions.

In the event that it becomes necessary when dealing with a customer, the business always seeks to resolve any concern(s) as quickly as possible to achieve a positive outcome for all of the parties that may be involved in a given agreement, At the same time, however, where a business cannot resolve an issue that arises in a given instance, then the business is to be directed to provide a written account of their concerns within 48 hours (along with any supporting evidence) to permit the issue to then be further considered.

5. The Customer’s General Obligations

Allied to the need to adhere to the CDM requirements and the other points that are set out in these Terms and Conditions, both while the services required by the customer that are set out in their agreement with the business are being carried out, or within 12 months of a fixed term agreement’s expiration or work end, either offer or provide similar employment to any individual(s) undertaking work on behalf of the business for the customer. In addition, the customer shall not entice, solicit or introduce those that are undertaking work on behalf of the business for the customer to enter into the employment of any other individual, firm or company who are likely to be competition with the business. Where any instance of impropriety is found to be specifically present in this regard, the business will then issue a fee invoice to the customer for £3,000.00p.

It is also warranted by the customer that all parts of their premises are completely safe to work both on and in for the individuals undertaking work on behalf of the business for the customer. Moreover, the customer agrees that, by allowing individuals to undertake work on the business for them, they are completely and absolutely compliant with all statutory requirements regarding the health and safety of the individuals undertaking work on behalf of the business for the customer. In the event that any of the individuals undertaking work on behalf of the business for the customer reasonably consider that they could potentially be exposed to any form of undue risk or danger to their personal safety, the business can charge in the same way as if the work(s) required to be undertaken by the business for the customer would be completed.

Moreover, while the business will use every reasonable effort to ensure no damage occurs to any movable or immovable items belonging to the customer, including, but not limited to vehicles, plants and trees, windows, doors, furniture, machinery and other equipment, the business bears NO RESPONSIBILITY for any damage to any such items that are left in the vicinity of where work is to take place since this is done at the customer’s own risk. This is because, where any movable or immovable property are in the vicinity of the work, the customer must ensure said property is moved to a safe location or covered for its protection since scaffolding is usually erected by the business to complete work agreed to with a given customer. It is also incumbent upon the customer to inform all neighbours and any other parties within the locality of the potential risks involved with any work that the customer is having completed so that their neighbours are, for example, able to remove their vehicles from out of the locality, along with any other items that could potentially be damaged. Then, in the event that any items of movable or immovable property belonging to the customer, their neighbours or any other parties within the locality suffer any form of damage, it is understood that the customer bears all responsibility for such damage however caused without any exception.

Furthermore, as has been stated elsewhere in these terms and conditions, certain processes can be harmful to marine life, so it is the customer’s responsibility to notify the business if their property has any bodies of water before work starts. The customer MUST also ensure that all doors and windows are closed tightly and that any and all neighbouring businesses are informed of the business’s work before it commences to have the opportunity to be able to safeguard their own items of property. The customer must also advise the business of the use of any solar panel systems and ensure that they are switched off at the start of work and until the business’s staff complete the work that they have agreed to undertake. Where any of the business’s staff discover that a solar panel system is switched on during the course of work’s completion for a given customer, the business reserves the right to cease work for that customer without any liability for any resulting delays to the work to have been agreed upon by the parties in a particular instance.

To avoid any potential issues, the business will also NOT enter a given customer’s property unless and until any free roaming pets or other animals are secured and moved away from where work of any given nature is being undertaken by the business’s operatives for the customer in keeping with that customer’s specific requirements to have been agreed upon with the business. In addition, the business will NOT commence, continue or complete any work that a customer requires UNLESS someone who is mentally competent and 18 year of age or older is present AT ALL TIMES without exception. Finally, in the event that any evidence of drug misuse is found to be present in any area that the business’s operatives have to work in to complete the work that a customer require, the business reserves the right to NOT commence or continue (as the case may be) with such work until it is cleared away to the satisfaction of the business’s operatives. In the event that any of the three points set out in this paragraph take a significant amount of time to resolve by the customer, the business also reserves the right to seek additional payments for any and all of the costs incurred as a result of such delays.

 

6. Quote for Goods and Services

Any quotation that the business provides to the customer is inclusive of VAT and is understood to be based upon either available evidence during the business’s site inspection or any contemporaneous photographs and is valid for up to 3 MONTHS without a formal agreement being reached between the parties involved. Irrespective of this point in these Terms and Conditions, the business reserves the right to amend or vary a quotation before works conclusion. A quotation’s amendment or variation may include, but is not limited to, any repairs or additional work’s completion that is required in the specific circumstances by the particular customer in a given instance.

These Terms and Conditions are to apply to all agreements for the supply of services and materials by the business to the customer, excluding the provisions of all other possible Terms and Conditions, including, but not limited to, any terms or conditions that could be applied by the customer under any purchase order, confirmation of order or similar document that may otherwise be utilised in a given instance.

The customer’s acceptance of the quotation that is provided by the business will be agreed to be an offer from the customer to purchase the services, goods and required materials pursuant to these Terms and Conditions, along with what is specifically agreed to between the parties and, as such, the business’s acknowledgement of the customer’s acceptance will be deemed to be an acceptance of that offer.

It is both freely and voluntarily acknowledged by the customer that, by accepting a quotation to have been provided by the business, it is not considered to do so in any representation, warranty or other provision, except as is otherwise expressly provided in these Terms and Conditions or anything specifically pertaining to the work to have been agreed to be completed.

 

7. The Completion and Variation of the Agreed Work

No agent, employee, or servant of either the business or the customer can vary any aspect of these Terms and Conditions unilaterally. In the event that any variations and/or additions are made, they are to be authorised and agreed in letters written by and between Nominated Representatives of the business and the customer on a bilateral basis. Then, once any variations and/or additions are agreed to these Terms and Conditions, these variations and/or additions will then be considered to be incorporated into these Terms and Conditions.

The customer or their Nominated Representative must be present at the start of the agreed work’s commencement to authorise said work’s start and then also to confirm the work’s completion when it is finally concluded on behalf of the business. In addition, the customer or their Nominated Representative must ‘sign-off’ in writing each and every day that work is set to continue during the course of an agreement with a given customer. In the event that the customer’s Nominated Representative is unavailable on a given day that work is being undertaken by the business for the customer in line with a specific agreement, then it is to be considered to be accepted that the work to have been undertaken is completed, except where the business is notified within 24 hours of the scheduled completion date.

In keeping with the CDM requirements that are already set out elsewhere in these Terms and Conditions, as and where necessary in the terms of a given agreement between the business and a particular customer, it is understood that the customer’s Nominated Representative must witness a test strip’s completion before work starts to guarantee that both the method used and the finish achieved are satisfactory for the customer.

 

8. Consent

The customer agrees to allow the business’s staff on to their property to complete the work that they require within the timeframe to have been provided by the business under the terms of a particular agreement. Specifically, by crossing the perimeter of the property, it is automatically and immediately presumed that the business’s operatives have permission to be there to complete work without restriction from 7 am in the morning until 5:30pm of a given day (including the reasonable time required to be able to make an uncompleted job safe, secure equipment and materials and vacate the property).

The customer also agrees that the business’s operatives may utilise the customer’s water, electric, gas and/or other supplies without any form of restriction or cost to the business. It is to be noted that the business does not usually need electricity, gas and/or any other power from the customer’s property to provide services that are agreed upon under this agreement for the customer. However, if circumstances do, in fact, dictate that the business needs to electricity, gas and/or any other power from the customer’s property to provide services that are agreed upon under this Agreement for the customer, the business will inform the customer and take their signed and written consent to use said power source where it is needed to provide the required service(s) in keeping with what was agreed between the parties.

In the event that the customer DOES NOT have an outdoor water, electric and/or any other form of power supply available that the business can make use of to complete the work that they have agreed to undertake for the business, the customer MUST advise the business of this fact before work commences. This is because, if this proves to be the case, the customer understands that the business may have to make other arrangements that may involve additional costs to the customer that MUST be paid BEFORE work can commence on what has been agreed upon between the parties.

 

9. Timeframe for Completion of Work

The business will always utilise all reasonable endeavours for the purpose of completing work both as soon as is reasonably possible and by the agreed date. The customer understands that the timeframe for completing the business’s work may be varied based on situations beyond their control, including, but not limited to bad weather and/or a delay in providing product(s) required for the business’s services (see also the provisions of these Terms and Conditions that are related to both Cancellations and Rescheduling and Force Majeure). Should such circumstances arise, the customer will be contacted as soon as possible and work’s completion will then be rescheduled by the business as soon as possible and within NO MORE THAN 28 WORKING DAYS (i.e. Monday to Friday), otherwise the agreement between the parties will be considered to be both null and void.

 

10. Contract Price and the Payment of said Agreement

Except where anything is stated to the contrary, payment is to be made by bank transfer, debit or credit card (not American Express), cash, cheque made payable to ‘UNIVERSAL RENEWABLES LTD’ (subject to 5 days for clearing). The business also absolutely reserves the right to remove any and all discounts that have been negotiated or applied with a given customer to any orders in the event that payment have not been made in keeping with this specific point.

Dependent upon the goods and/or services that are specifically required by the customer, a deposit worth 25-50% OF THE INVOICE’S TOTAL VALUE (dependent upon the exact nature of the work required that the customer will be advised of at the outset by the business) will be needed 7 days before work can begin on what was agreed upon between the parties. The remainder of the business’s invoice is then to be paid at the work’s conclusion since staged payments can be applied only by prior written agreement between the business and the customer. However, for works requiring commencement within 7 days the outstanding balance will be due on the final day of completion. Moreover, where the work required is set to take longer than 24 hours to complete, the business may seek a series of one or more part payments up to completion of the work from the customer, so long as account terms with said customer are established and confirmed in writing for such payments to then be made.

Where the work agreed to be completed by the business for the customer is to take place over a number of days, weeks or months, the business is permitted to increase the price to have been agreed upon by the business and customer by whatever amount will serve to indemnify the business as far as the agreement between the parties is concerned regarding any increase payable by the business due to variations in the National Minimum Wage, National Insurance Contributions, Value Added Tax or any government levy upon the business beyond their control. Any outstanding monies are due on day of completion of work, unless agreed in writing prior to work commencing.

 

11. Failure to Pay

Any failure to make a payment to the business when it is due will mean that interest will be charged on a late payment at 8% ABOVE NATWEST BANK PLC’S BASE RATE. This interest on any outstanding payment will accrue on a daily basis from the date that payment was due until the date when payment is finally made in full, regardless of whether this was before or after judgement was reached. Moreover, administrators and/or legal costs regarding overdue invoices for customers are to be charged as accrued in the circumstances. However, if the customer disputes an invoice for an order in good faith and they contact the business promptly in writing by signed for delivery letter or e-mail to the details provided in the footer below, the rate of interest will not be applied. The customer is also advised that the business’s price includes VAT, unless otherwise specifically stated to the contrary. Therefore, if the VAT rate changes between the date of this order and the actual installation, the rate that the customer pays will be adjusted UNLESS the goods and/or services required were already paid for in full before the change of VAT rate occurred in practice.

12. Provision of Services

All of the business’s service providers are fully trained and have both the experience and knowledge to provide all of the business’s services to industry standards. The customer understands that all such services are not meant to cause any damage of any kind to the customer’s property. In fact, along with the built-up environment, the business’s processes will NOT cause any damage or harm to the surrounding plant life, wildlife and/or wider environment. However, the customer understands that damage may still arise to their property due to the customer’s poor maintenance, neglect and/or the use of low-grade building materials. Wherever possible, the business will advise the customer of any maintenance that they need to undertake before work can begin on what was agreed upon with that particular customer. The customer understands that if they then agree to the work’s completion, they accept any and all risks that may entail, regardless of if the aforementioned maintenance that the business advises the customer of was ever actually undertaken or was improperly completed. At the same time, however, it is also to be noted that the business is NOT liable for any issues or damage that arises with the customer’s property unrelated to the business’s service(s) completion of the work that was agreed upon as being required in the circumstances.

 

13. Site at Completion

While every reasonable effort and precaution is undertaken by the business’s staff to leave the customer’s property both clean and tidy, the customer understands that there may still be some discernible signs of the work having been undertaken and completed at its conclusion. Consequently, in keeping with the terms of this Agreement, the customer then permits a MINIMUM of 14 days of weathering for said property to be able to return to how it was BEFORE work was ever actually commenced by the business. However, the customer is also advised that there is the possibility that professional cleaners may be needed for aspects of the customer’s premises and property, including, but not limited to, the property’s windows.

 

14. Repairs and the Completion of Additional Work

The business is considered to be under no obligation to provide any additional service to the customer that is not specifically stated in their particular Agreement during the term of work that is to be completed. However, the business will complete any limited minor repair work that is associated with the written quote that the customer has been provided with prior to work’s commencement, within a reasonable period of time, without any further payment to the business required from the customer. Any additional repairs will be identified and, dependent upon what the customer prefers, either an ‘on-site’ quotation will be provided for the completion of said work OR the business will then provide the customer with expert advice that the customer can refer back to for a quotation at a later date. This is because, in the event that any requests are made for additional work outside of those that are specified in the Agreement between the parties must be made in writing, both quoted and charged for accordingly, while still being subject to the Terms and Conditions that are set out herein.

Should the customer both require and confirm that this additional work is to be completed by the business, this work will be completed on the same day wherever possible, otherwise as soon as is reasonably practicable thereafter and by a deadline that is agreed upon by both of the parties to this agreement. If it is impossible for the business to either complete or start to complete the additional work on the same day as it is identified for the customer, this work will be scheduled for the business’s next available timeslot that is agreeable with the customer for this purpose. Moreover, if the business fails to carry out the work required by the customer with reasonable care and skill and with fault-free and as-described materials, this provision of these Terms and Conditions does not stop the customer from seeking redress under the prevailing law.

 

15. Damage and Liability

The business will be deemed liable for any damage that is caused to any part of the customer’s property that is directly caused by staff error, negligence, wilful misconduct, or these provisions of these Terms and Conditions breach where it is discovered within 72 HOURS of work’s completion. The business will then have 30 DAYS from the date that the customer notifies the business of any damage to inspect the property and then the sole option to either carry out any repair(s) or, in the alternative, the business can also contract out said repairs to their chosen reputable and suitably qualified third party.

Nothing in these provisions will exclude any liability for personal injury or death, fraud or fraudulent misrepresentation or breaches of sections 12-15 of the Sale of Goods Act 1979, sections 2-5 of the Supply of Goods and Services Act 1982, or the Consumer Protection Act 1987 caused by the negligence of the business and/or its staff. However, the business is not responsible for any loss or damage to the customer that is unforeseeable (i.e. an obvious consequence of actions or reasonably contemplated by the parties) from the work agreed to be completed in a given instance that will include, without limitation, loss of profit or opportunity, emotional distress or inconvenience in the specific circumstances. The business also bears no liability for any loss of profit, business, or business opportunity, as well as business interruption resulting from their supply of goods and/or services to the customer, along with in relation to any commercial, business or resale.

Where the business is held liable regarding any foreseeable loss or damage suffered by the customer, the business’s liability will be limited to the amount of the total price that is paid by the customer to the business. However, as has already been stated, the business will repair any damage to have been caused to the customer’s property when providing the customer’s required service(s) under the terms of the Agreement between the parties. Nevertheless, where payment is due at the completion of work required and the customer alleges that a minor defect is present in the work to have been completed by the business, the customer can only withhold a proportionate amount of the outstanding sum that reflects the value of the minor defect in the work to have been completed and the business will also provide a receipt in writing to this effect.

 

16. Guarantee

The business’s services that are provided in keeping with this Agreement with customer and these Terms and Conditions are subject to the following manufacturer product guarantees – (a) roof colour or clear seal – 10 years; (b) wall colour coating – 10 years; and (c) wall clear coating – 20 years (PROPERLA AND SMARTSEAL PRODUCTS ONLY). These guarantees and the receipt will only be issued by the business once the customer has made the full payment to the business. However, the customer also understands that the guarantees are ONLY limited to cracking, pealing and flaking and NOT the roof itself, while any extra works and/or repairs will have their own separate guarantees. Moreover, where the customer sells or transfers their property to anyone else, the business’s guarantee(s) may also be transferred if written permission is sought from the business at least 30 DAYS beforehand. These guarantees could also be deemed void where – (a) anything, including, but not limited to, paints, solvents and/or other chemicals, are applied to a roof without our prior knowledge or written consent; (b) any other individual or business undertakes any work on a roof without our prior knowledge or written

consent; (c) any replacement tile or cement work is undertaken without utilising a recommended treatment or additive from the business or without their prior knowledge or written consent; and/or (d) the business provides the customer with any verbal or written maintenance advice that is ignored. Soft wash-biocide customers also understand that there is NO GUARANTEE for this service provided by the business. This is because the specific product that is used to provide this service takes time to work to its optimum capacity and, although a treated roof could be moss-free for up to 5 years, a second treatment may be needed for heavy infestations that will incur additional cost to the customer before administration.

 

17. Products Supplied with Warranty

Where the business supplies or utilises any third party manufacturers’ product(s) to provide services that are agreed as being required to a customer, the business will provide any and all of the associated warranties within 28 WORKING DAYS (subject to Royal Mail) to then be relied upon by the customer against the manufacturer where any of the aforementioned products are in any way faulty. At the same time, the business warrants for 1-10 years, dependent upon the particular product, that goods installed will be free from material defect(s), except with regard to: fair wear and tear and natural weathering; customer and/or third party negligence wilful damage, accident; failure to adhere to instructions; any alteration(s) or repair(s) not undertaken by one of the business’s authorised repairers; existing timber adjacent to an installation; defects in felt, an existing roof, tiles, valleys or verges unless the business refurbished them. As and where applicable, the business also does not warrant to the customer that the products and goods supplied will conform with samples in anyway unless specifically stated to the contrary, in terms of both colour and composition; against the growth of any plants, including, but not limited to self-seeded weeds, moss and fungus; dirt or debris collection in pitted products; chips, flakes or scuffs to natural stone. Finally, the business also does not warrant for any damage regarding, or related to, the sub-soil, sub-base, turf or structures adjacent to any business installation resulting from the undertaking and completion of the work for the customer as a result of the agreed work’s completion by the business.

18. Delays and Curtailments to the Work Required

In the event that the customer causes any delays or curtailments to the completion of the work, that they require to be completed by the business outside of their control, that serve to cause disruption to the work schedule to have been agreed with the customer so that it may not be rectified or accommodated, will lead to the need for additional payments to be made. Consequently, where any rescheduled work cannot be rectified or accommodated by the business, the Cancellation Policy that is also set out within these Terms and Conditions will apply to the way in which this issue is dealt with by the business, unless such rescheduled or additional work can be quoted for, and agreed to separately, by the business.

It is also to be noted that where there is a need for the business to spend extra time on specific work(s) to have been agreed upon with a customer or, indeed, for the business to complete additional work, then this will serve to attract additional charges for any equipment hire along with any additional labour and overtime costs for the purpose of completing the work(s) founded upon the business’s standard schedule of rates for this kind of work.

 

19. Force Majeure (Unforeseen Events)

The business shall not be either held liable or in default for any delays or failure in performance resulting from reasons that are identified as being beyond its control including, but not limited to, acts of God including ill-health, acts or regulations of government or supranational authority, war or national emergency, terrorist acts, accident or fire. The agreement that is in place between the business and the customer in this instance will be suspended during any such period of time, for its duration in the event that either of both of the parties involved cannot perform their obligations here-under for any of the reasons that are set out in this provision of these Terms and Conditions.

20. Business’s Right to Cancel a Customer Agreement

Linked to the preceding provision of these Terms and Conditions, agreed work(s) with the customer may have to be cancelled for reasons beyond the business’s control OR the unavailability of stock, staff, or key materials that means that the business cannot provide the required goods and/or services under this Agreement for completing the aforementioned work. Where this occurs, the business will promptly contact the customer to this effect, any advance payments made will be refunded by the business, and, where the business has already started work, the customer will not have to make any payment to the business for the work to have already been done at this time.

 

21. Customer Cancellation Policy

If the customer wishes to cancel any proposed work to have been agreed upon with the business, they are permitted 14 DAYS to cancel from the date of agreement under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, so long as this right of cancellation has not been both freely and voluntarily waived by the customer. Where the right to cancel this agreement is exercised with written notice (either by recorded delivery letter or e-mail) within the aforementioned cancellation period, the business will reimburse all payments (in keeping with the Contract Price and the Payment of said Agreement section of these Terms and Conditions) to have been made by the customer within 28 DAYS. Nevertheless, if the customer cancels this agreement AFTER 14 DAYS (‘the cancellation period’), any deposits that are paid will NOT be refundable by the business.

As a result of the nature of the specific work(s) to be completed by the business for a given customer, there is typically considered to be a need for the business to schedule both the equipment, materials and labour that they need to undertake the necessary work. Consequently, the customer needs to be aware that any work that is cancelled or rescheduled outside of the aforementioned cancellation period by the customer themselves will then immediately attract the following charges that must be paid in full within 7 working days of the customer choosing to cancel or reschedule the work:

• • 15 working days before the scheduled commencement – 25% of the original quote provided to the customer;
  • 7 working days before the scheduled commencement – 50% of the original quote provided to the customer;
  • 48 hours before the scheduled commencement – 75% of the original quote provided to the customer.

Where the customer does not either accept or agree to the standard of finish that will be produced after the completion of the onsite test sample by the business and it is not possible for the business to achieve the customer’s desired result, unless it is otherwise agreed by the customer, the business will agree to cancel the specific agreement between the parties with an overcharge only for the preliminary costs incurred for the original survey and/or test sample. The overcharge figure shall not be less than a fixed rate of £1,000.00p, excluding VAT, travel costs and/or any external plant hire charges that are needed to be incurred by the business to undertake their work, along with the costs of any perishable items or other special order materials needed to complete the work(s) agreed to with the business.

 

22. Termination and Refunds for the Supply of Goods and Services

Regarding the business’s supply of goods for the purpose of an Agreement with the customer, the customer can request a refund of the full amount paid within 28 DAYS in writing (letter or e-mail) from the date the business confirms receipt of said payment. As for the provision of services, both the customer and the business have the right to terminate this agreement and thus also stop work at any time. However, the customer also understands that NO REFUND will be offered where the business considers the agreed work required to have been underway at the time when the customer sought to cease that same agreed work’s completion by the business.

 

23. Third Parties

This agreement is personal to the customer’s relationship with the business and may not be assigned to, or held on behalf of or for a third party’s benefit, without the business’s prior written consent. By signing this agreement the customer confirms that they are not acting as an agent for anyone else, in either a commercial or non-commercial relationship, so that, as per Section 1(2) of the Contracts (Rights of Third Parties) Act 1999, this agreement is not enforceable by a third party. Therefore, this means that the agreement is between the business and the customer, who is obliged to remain in the contract with the business in the event that either or both the authorised signatory (‘the Nominated Representative’) at the time when the parties entered into their agreement leaves the customer’s employment and/or the Holding Company of the customer premises serves to change either its Ltd Company name or its Trading name.

 

24. Discrimination and Harassment Policy

The business utilises the services of a broad array of people of different religious, ethnic and national backgrounds. No discrimination or harassment of any of the business’s operatives undertaking a job on behalf of the business for a given customer will be tolerated under ANY circumstances. In the event that any of the business’s operatives make any such allegations of abuse known to the business, the business reserves the right to have said operatives cease work immediately and vacate the job site until and investigation can be completed by the business and/or, in particularly serious cases, the police. Where the business has to undertake such an investigation to ensure the safety of its operatives, the business CANNOT and WILL NOT be penalised for failing to fulfil any previously agreed upon deadlines for work to have been agreed upon to be completed by the business’s operatives.

After it has completed its investigation, the business also reserves the right to determine whether a job where a complaint of discrimination has been made by its operatives will be continued, either by the operatives who made the complaint or by a new team of operatives supplied by the business. In the event that the business decides to not continue with the work for a particular customer, any monies to have been paid by the customer to the business that have not already been used to pay the business’s operatives and/or for materials will be refunded IN FULL to the customer. However, where it is determined by the business that the work for a customer should be continued in such circumstance, where any further instances of discrimination are reported by any of the business’s operatives at the same job site, the business reserves the right to immediately cease work and vacate the job site again with no possible return since no further investigation will be undertaken. Instead, in such circumstances, any monies to have been paid by the customer to the business that have not already been used to pay the business’s operatives and/or for materials will be refunded IN FULL to the customer.

The business also has a ‘ZERO TOLERANCE’ policy for the harassment of its operatives. In the event that a customer, potential customer or anyone acting on their behalf telephones any of the business’s operatives and abuses them in any way for any reason, such abuse will be immediately reported to the police for them to take action as and where they deem it to be appropriate. Additionally, any recordings that the business has of such abuse will be passed to the authorities to aid them with any action that they choose to bring against a party that has made such a call (N.B. The business records all calls as a contemporaneous account of all communications with customers and potential customers to maintain business standards and as an aid for preventing abuse of our operatives.

 

25. Privacy and Publicity

The business is permitted to use any photos, videos, reviews or descriptions of a customer’s property and/or the work undertaken for them, to advertise the business’s services and train their business’s staff without needing to compensate the customer in the event that the customer has signed this Agreement. At no time will the business include any sensitive information that could specifically identify a customer, except to provide any product warranties that are relevant to the work to have been agreed to have carried out by the business. For the business to hold a customer’s contact details and use them for marketing, including selling said business to another party at any time, the customer must provide their consent in keeping with the provisions of the General Data Protection Regulation and/or any other relevant legislation that may be enacted and implemented in the future. For more information, the customer should refer to the business’s privacy policy at http://www.universalecomhomes.co.uk/privacy
Please note, all our calls are recorded for training and monitoring purposes.

26. Plagiarism and Breaches of Copyright

The customer understands that, for the purpose of these Terms and Conditions, plagiarism and breaches of copyright are understood to involve taking, using and submitting another party’s ideas, work, methodology, words, images, or data without providing the aforementioned party with the appropriate credit or acknowledgement. The business will not accept any instances of plagiarism and/or breaches of copyright by the customer with regard to any aspect of this agreement between the business and a customer and/or these Terms and Conditions, particularly for the purposes of offering a tender or contract to some other party without the prior written consent of the business

 

27. Applicable Law and Jurisdiction

The law and jurisdiction of England and Wales will apply to all goods and services that are provided by the business to the customer in keeping with the provisions of any Agreement between the parties and any dispute that results from the provision of said goods and/or services. However, the customer understands that, by signing this Agreement, mediation is to be used to resolve disputes before any court proceedings are to be resorted to, subject to a written complaint (see also the business’s Complaint’s Policy – a copy is available upon request) from the customer first having been received in writing by the business in line with the business’s complaints policy that is available upon request via post or email.

27a) Business Complaints Policy
All complaints should be sent via email to info@universalecohomes.co.uk accompanied by photographic evidence, or via post to our registered office 4a, De Grey Square, De Grey Road, Colchester, Essex, CO4 5YQ. The company reserves the right to allow 28 days from receipt of complaint to investigate and, if required, contact third parties before responding.

 

28. Legal Notice

Any provision of these Terms and Conditions which is declared either void or unenforceable by any competent authority or court shall be deemed severable. Therefore, all of this Agreement’s other provisions shall remain completely unaffected regarding the relationship between the business and the customer in relation to the subject of that specific Agreement.

 

 

The customer is deemed to have READ AND ACCEPTED these Terms & Conditions WITHOUT EXCEPTION.

If you have any questions about any aspect of this document, please contact us via: Registered Office: 4a, De Grey Square, De Grey Road, Colchester, Essex, CO4 5YQ

E-mail: info@universalecohomes.co.uk        Tel: 08000 472 404                 Mob: 07850 228 873               Web: www.theroofcleaningexperts.co.uk / www.universalecohomes.co.uk

Universal Renewables Ltd T/A Universal Eco Homes (The Roof Cleaning Experts) Reg. No. 1206 0617 VAT: 328976941 Registered in England & Wales