Terms Of Service
Maintenance Free Roof Cover Package Terms and Conditions
By signing the order form or clicking on the “Pay Now” button (as applicable) you will be entering into a legally binding contract with Maintenance Free Roofing for the provision of goods and services included as part of the Maintenance Free Roof Cover Package. Maintenance Free Roof Cover Packages are provided by Maintenance Free Roofing subject to the following terms and conditions and it is important that you read these before signing or clicking on the “Pay Now” button so that you understand your rights and obligations and in particular, what goods and services are included in the Maintenance Free Roof Cover Package and the applicable conditions and exclusions.
1. YOUR Maintenance Free Roof Cover PACKAGE
1.1 Your Maintenance Free Roof Cover package is an agreement between you (the purchaser) and Maintenance Free Roofing for the provision of maintenance on your roof of the property address supplied at the the time of purchase only. Your Maintenance Free Roof Cover package includes two Annual Maintenance Inspections within each Maintenance Year. Your Maintenance Free Roof Cover package also includes two gutter cleans per year, and covers the value of the cost of repair works for; Slates, Tiles, Guttering, Ridges, Dry Verges, Tile Vents, Slate Vents, Lead Valleys, GRP Valleys, Rain Water Down Pipes, Leadwork surrounding Chimneys & Leadwork surrounding Dormar Windows.
1.2 Each Maintenance Free Roof Cover Package is subject to these terms and conditions (in particular section 12 below), an agreement by Maintenance Free Roofing in respect of a roof that, on completion of, and/or as a result of, an Inspection – (a) such roof is deemed Maintenance Free Roofing standards, and (b) to the extent that such roof does not – and/or in order that such roof shall – remain to Maintenance Free Roofing standards throughout the Maintenance and Repair Period then Maintenance Free Roofing shall, in accordance with the Maintenance Free Roof Cover Package which you have selected, provide maintenance and/or repairs in respect of such roof.
1.3 The Maintenance Free Roof Cover package is a Maintenance agreement and can not be mistaken as an insurance policy for your roof or any part of your property.
1.4 The cost of the Maintenance Free Roof Cover package is not subject to the square meter size of your roof and is a fixed price for all customers on the Maintenance Free Roof Cover Package.
2. DEFINITIONS
2.1 In these terms and conditions, words and expressions highlighted in bold have the following meanings: (a) Annual Maintenance Inspections: Two Annual Maintenance Inspections of your roof will be carried out by Maintenance Free Roofing within each Maintenance Year. It will include an inspection of either your entire roof, including guttering, chimney breasts and all other agreed areas which are affected by your roof. Where your roof passes a Maintenance Inspections this is confirmation that it remains to Maintenance Free Roofing standards. (b) Beyond Economic Repair: the cost of carrying out any repairs to your roof are likely to exceed the cost of supplying and installing a new roof and/or that due to the age or condition of your roof the possibility of further problems arising with it in future are likely to exceed the cost of supplying and installing a new roof. (c) Cancellation Period: the period during which you have the option to cancel your Maintenance Free Roof Cover Package without penalty as is detailed in paragraph 5.1 below. (d) Initial Inspection: an inspection of your roof which Maintenance Free Roofing will undertake after having accepted your order for the Maintenance Free Roof Cover Package to confirm that your roof is of Maintenance Free Roofing standards. (e) Maintenance Free Roofing standards: a roof that is fit for purpose, correctly installed, functioning correctly, and/ or suitable for the Maintenance Free Roof Cover Package. (f) Maintenance and Repair Period : the period from an Inspection to the end of a Maintenance Year which such Inspection begins and/or in which such Inspection falls. (g) Price : the price of your Maintenance Free Roof Cover Package will be the price as quoted to you by Maintenance Free Roofing at the time you submitted your order until such time as you are notified of a change to the price. The price is subject to variation following 30 days’ notice during the Maintenance Year. For each subsequent Maintenance Year thereafter, the price will be as specified to you by Maintenance Free Roofing before the start of each Maintenance Year in its notification provided under paragraph 7.1 below, subject to variation on 30 days’ notice. (h) Maintenance Free Roof Cover Package: the Maintenance Free Roof Cover
Package which you are purchasing from Maintenance Free Roofing as detailed on your order form and in these terms and conditions. (i) Maintenance Year: a period of twelve consecutive months beginning on the start date of your Maintenance Free Roof Cover Package and each subsequent period of twelve consecutive months beginning on each anniversary of that start date. (j) Roof: your roof and any other parts of your roof which may be included within the scope of the Maintenance Free Roof Cover Package. (k) Annual Repair Allowance: The Maintenance Free Roof Cover package provides you with an Annual Repair Allowance of £500 within each Maintenance Year. This allowance is not of cash value and can only be claimed through materials and labour.
3. ACCEPTING YOUR ORDER
3.1 After you have submitted your order form, Maintenance Free Roofing will confirm to you as soon as reasonably possible if it has accepted your order. Maintenance Free Roofing does reserve the right to decline your order for any reason but will inform you if this is the case as soon as reasonably possible after receiving your order and will promptly refund any payments which you may have made in advance for your Maintenance Free Roof Cover Package.
4. START DATE FOR YOUR Maintenance Free Roof Cover Package
4.1 After Maintenance Free Roofing accepts your order then the period of your Maintenance Free Roof Cover Package will commence on the day of payment when Maintenance Free Roofing informs you that it has accepted your order. This means that should any problems or issues arise with your roof during this period repairs of those will not be provided under your Maintenance Free Roof Cover Package – you can ask Maintenance Free Roofing to provide you with a quote for fixing any such problems or issues which may arise during this period (which you are not obliged to accept) or you can arrange for another suitably qualified roofer to fix those for you at your own expense.
5. YOUR RIGHT TO CANCEL WITHOUT PENALTY AFTER PLACING YOUR ORDER
5.1 You have the right to cancel your Maintenance Free Roof Cover Package without giving any reason at any-time during the period beginning on the date on which you submitted your original order and ending fourteen days after the date on which Maintenance Free Roofing informed you that it had accepted that order (the Cancellation Period).
5.2 To exercise this right you must make/send a clear statement to Maintenance Free Roofing within the Cancellation Period that you wish to cancel – to meet this deadline it is sufficient for you to make/send your statement of cancellation within the Cancellation Period. You may use the cancellation form set out at the end of these terms and conditions to exercise your right to cancel but use of that form is not obligatory.
5.3 Even if you do not wish to use the cancellation form provided, please ensure that any statements of cancellation are made/sent by you to Maintenance Free Roofing using the contact details for Maintenance Free Roofing as set out on that cancellation form.
5.4 If you cancel your Maintenance Free Roof Cover Package in accordance with your rights above then Maintenance Free Roofing will promptly refund any payments which you may already have made to Maintenance Free Roofing in respect of your Maintenance Free Roof Cover Package.
5.5 If you have requested in writing (or by any other durable medium) that Maintenance Free Roofing commence the period of your Maintenance Free Roof Cover Package during the Cancellation Period (for example, because you don’t want to wait until the end of the Cancellation Period for your Maintenance Free Roof Cover Package to start) then you will still have the option to cancel during the Cancellation Period however, in those circumstances you will be required to pay a
proportionate amount of the Price as detailed below for any goods or services provided or work undertaken by Maintenance Free Roofing at your request during the Cancellation Period. The amounts which you may become liable to pay in these circumstances are: (a) Any Initial Inspection or Annual Maintenance Inspections carried out by Maintenance Free Roofing at your request during the Cancellation Period before you decided to cancel: £85 (b) Any other maintenance visit made by Maintenance Free Roofing during the Cancellation Period at your request before you decided to cancel: £65 (c) Any materials provided by Maintenance Free Roofing in the course of providing maintenance at your request during the Cancellation Period before you decided to cancel: Maintenance Free Roofing’s standard price Maintenance Free Roofing shall be entitled to deduct any such amounts from any refund due to you under paragraph 5.4 or if you have not made any payment to Maintenance Free Roofing prior to deciding to cancel then Maintenance Free Roofing will have the right to recover payment of such amounts from you.
6 PERIOD OF YOUR Maintenance Free Roof Cover Package
6.1 The initial period of your Maintenance Free Roof Cover Package will be one Maintenance Year. Thereafter, your Maintenance Free Roof Cover Package may be extended for further periods of one Maintenance Year each in accordance with paragraph 7 below unless and until either you or Maintenance Free Roofing cancels in accordance with the rights granted under these terms and conditions and/or general law.
7 AUTOMATIC RENEWAL OF YOUR Maintenance Free Roof Cover Package
7.1 At least 30 days prior to the end of each Maintenance Year Maintenance Free Roofing will write to you (using the most recent contact details which you have provided) to advise you if it is willing to extend your Maintenance Free Roof Cover Package for a further Maintenance Year and if so, providing details of any amendments to the Price as a part of the terms and conditions applying to the further Maintenance Year which Maintenance Free Roofing requires as a condition for extending your Maintenance Free Roof Cover Package for a further Maintenance Year. You will also be provided with information on the process set out at paragraph 7.2 to prevent the Maintenance Free Roof Cover Package from being automatically extended for a further Maintenance Year. 7.2 If following receipt of each such notice from Maintenance Free Roofing you: (a) do wish your Maintenance Free Roof Cover Package to be extended for a further Maintenance Year on the terms proposed by Maintenance Free Roofing then you do not need to do anything and your Maintenance Free Roof Cover Package will automatically be extended for a further Maintenance Year at 23:59 on the final day of the then current Maintenance Year; or (b) do not wish to extend your Maintenance Free Roof Cover Package for a further Maintenance Year on the terms proposed by Maintenance Free Roofing then you must inform Maintenance Free Roofing before the end of the then current Maintenance Year. Each notice provided to you by Maintenance Free Roofing will detail how you can contact Maintenance Free Roofing to inform it that your do not wish to extend your Maintenance Free Roof Cover Package and you can also use the contact details for Maintenance Free Roofing as detailed in paragraph 26 below. If you do not inform Maintenance Free Roofing before the end of the then current Maintenance Year that you wish to end your Maintenance Free Roof Cover Package, your Maintenance Free Roof Cover Package will automatically be extended for a further Maintenance Year and you will be obliged to pay for that.
8 ENDING YOUR Maintenance Free Roof Cover Package WITHOUT REASON AFTER THE CANCELLATION PERIOD
8.1 After the Cancellation Period has expired you may still cancel your Maintenance Free Roof Cover Package without giving reason at any-time by making/sending a clear statement to Maintenance Free Roofing that you wish to do so. Please ensure that any such statements of cancellation are made/sent by you to Maintenance Free Roofing using the contact details set out in the cancellation form at the end of these terms and conditions.
8.2 Please note that Maintenance Free Roof Cover Packages are charged for on an annual basis so if you decide to cancel your Maintenance Free Roof Cover Package under paragraph 8.1 above other than on the final day of its then current Maintenance Year Maintenance Free Roofing will not be obliged to provide you with any refund of the Price already paid by you in respect of that full Maintenance Year and you will still be liable to pay any outstanding instalments of the Price due for that Maintenance Year. For this reason, Maintenance Free Roofing recommends that you should only cancel your Maintenance Free Roof Cover Package with effect from the end of a Maintenance Year so as to ensure that you receive maximum value for money.
8.3 However, if you decide to cancel your Maintenance Free Roof Cover Package early under paragraph 9 below because you allege that Maintenance Free Roofing has done something wrong (for example, that Maintenance Free Roofing has materially breached its obligations to you under these terms and conditions and has failed to put things right) then paragraph 8.2 above will not affect any subsequent claim for compensation which you may decide to bring against Maintenance Free Roofing (but such claim for compensation will be subject to the limitations and exclusions on the liability of Maintenance Free Roofing as detailed in these terms and conditions).
9 Maintenance Free Roofing’s RIGHTS TO END YOUR Maintenance Free Roof Cover Package EARLY DUE TO YOUR FAULT
9.1 Maintenance Free Roofing will be entitled at its discretion to either suspend further provision of any goods or services under your Maintenance Free Roof Cover Package to end your Maintenance Free Roof Cover Package immediately and without liability to you by informing you in writing if: (a) you do not pay on-time any amount owed by you to Maintenance Free Roofing in connection with your Maintenance Free Roof Cover Package and you fail to pay such amount within seven days of Maintenance Free Roofing having sent you a written reminder; (b) in any Maintenance Year you fail or refuse to provide Maintenance Free Roofing with access to your property on any agreed date and within any agreed time window (and/or within a reasonable period before or after any agreed time window) on three or more occasions and you have failed to pay any no-access charge which Maintenance Free Roofing may have charged to you because of that in accordance with paragraph 16.5 below; (c) you fail or refuse to provide Maintenance Free Roofing with any reasonable access to your property which is requested by Maintenance Free Roofing on reasonable prior notice; (d) you delay or fail to comply with any of your other obligations under these terms and conditions and you do not then remedy that delay or failure within a reasonable time period specified to you by Maintenance Free Roofing in writing; and/or (e) you have given any false or misleading information to Maintenance Free Roofing.
10 PAYING FOR YOUR Maintenance Free Roof Cover Package AND CHANGES TO THE PRICE
10.1 The Price payable for your Maintenance Free Roof Cover Package is as quoted to you by Maintenance Free Roofing when you submitted your order form. The Price may be varied on 30 days’
notice to you. The Price may be payable in monthly instalments or in an annual lump sum. For each subsequent Maintenance Year the Price will be as notified to you by Maintenance Free Roofing in accordance with paragraph 7.1 above, again subject to being varied on 30 days’ notice. If you do not wish to accept any new Price notified to you by Maintenance Free Roofing then you can cancel your Maintenance Free Roof Cover Package without penalty at the end of its then current Maintenance Year by notifying Maintenance Free Roofing in accordance with paragraph 7.1(b) above and the information provided to you at renewal
10.2 You must pay the Price to Maintenance Free Roofing on time using the payment method which you have selected on your order form. If you subsequently ask Maintenance Free Roofing to change your payment method (for example, you ask to move from paying in instalments by monthly direct to a one off annual payment by credit or debit card) then there may be a change to the Price to reflect that which Maintenance Free Roofing will notify you of in advance before you confirm whether you wish to change your payment method.
10.3 If you do not pay any amount which you owe to Maintenance Free Roofing in connection with your Maintenance Free Roof Cover Package on-time then Maintenance Free Roofing may suspend further provision of goods or services to you until such time as you have paid all overdue amounts. If you fail to pay any overdue amounts within seven days of Maintenance Free Roofing having sent you a written reminder then Maintenance Free Roofing will have the option under paragraph 10.1(a) above to terminate your Maintenance Free Roof Cover Package early.
10.4 Maintenance Free Roofing shall be entitled to adjust the Price and any other amounts payable by you under these terms and conditions, including to reflect any changes to the rate of VAT. In the event of a change to the Price you will be given 30 days’ notice of the Price change and you will have the option to cancel your Maintenance Free Roof Cover Package at this point in accordance with paragraph 7. Changes to the Price will apply from the next payment due date which if you are paying by monthly instalments will be the month after the expiry of the 30 day notice period.
11 ACCEPTING YOUR ROOF – ROOFS NOT ORIGINALLY SUPPLIED BY Maintenance Free Roofing/ANNUAL INSPECTIONS NOT ALWAYS PREVIOUSLY CARRIED OUT BY Maintenance Free Roofing
11.1 When Maintenance Free Roofing accepts your order for a Maintenance Free Roof Cover Package then except in the circumstances as detailed in paragraph 13.1 below, that does not mean that Maintenance Free Roofing accepts that your roof is to Maintenance Free Roofing standards.
11.2 As soon as reasonably possible after the Maintenance Year has commenced Maintenance Free Roofing will visit your property on a date and within a time window agreed with you to carry out an Initial Inspection of your roof. After completing that Initial Inspection Maintenance Free Roofing will either: (a) confirm to you that your roof is of Maintenance Free Roofing standards in which case, Maintenance Free Roofing will also carry out your First Annual Maintenance Inspection & Gutter Cleans at the same time; or (b) advise you that your roof is not to Maintenance Free Roofing standards without further work first being completed (which is not included within the Price of your Maintenance Free Roof Cover Package) and the price which Maintenance Free Roofing would charge you for carrying out that work. You do not have to appoint Maintenance Free Roofing to carry out this work and can arrange for another suitably qualified roofing engineer to carry out this work for you instead
however, Maintenance Free Roofing will not be obliged to continue providing goods or services under your Maintenance Free Roof Cover Package unless and until this work is completed to the required standard. If you do not arrange for this work to be completed within a reasonable period after Maintenance Free Roofing have told you it is required then Maintenance Free Roofing shall have the option to cancel your Maintenance Free Roof Cover Package by notifying you in writing – in such circumstances, Maintenance Free Roofing will promptly refund any payments which you may have made to it in advance for your Maintenance Free Roof Cover Package but will be entitled to deduct from that refund or require you to pay (if you have not paid in advance) its charge as detailed in paragraph 5.5(a) above for carrying out an Initial Inspection; or (c) advise you that your roof is not suitable for the Maintenance Free Roof Cover Package which you have selected (for example, because the age of your roof means that materials are no longer easily available or because parts of your roof is installed in such a way that they cannot be easily accessed or inspected). In such circumstances Maintenance Free Roofing shall cancel your Maintenance Free Roof Cover Package by notifying you in writing and if Maintenance Free Roofing does so it will promptly refund any payments which you may have made to it in advance for your Maintenance Free Roof Cover Package.
11.3 Unless and until an Inspection has taken place within a Maintenance Year, then during such time, and without prejudice to Maintenance Free Roofing’s rights as provided for elsewhere in these terms and conditions (including paragraph 12.1 and 12.2 above), it shall be at Maintenance Free Roofing’s discretion whether or not to provide any maintenance and/or repair under the terms of any applicable Maintenance Free Roof Cover Package.
12 ACCEPTING YOUR ROOF – Roof’s SUPPLIED BY Maintenance Free Roofing WHERE A Maintenance Free Roof Cover Package IS PURCHASED AT THE SAME TIME
12.1 Paragraph 12 above will not apply to new roofs supplied and installed by Maintenance Free Roofing where you purchase your Maintenance Free Roof Cover Package at the same time as your new roof. In such circumstances, once installed by Maintenance Free Roofing your new roof (but not any other parts of your roof not supplied and installed by Maintenance Free Roofing) will be automatically deemed to be of Maintenance Free Roofing standards and to have successfully completed its first Annual Maintenance Inspection.
12.2 If your roof was originally supplied and installed by Maintenance Free Roofing but since installation has not always had Annual Maintenance Inspections successfully carried out on it by Maintenance Free Roofing then paragraph 12 above will still apply even though your roof was originally supplied and installed by Maintenance Free Roofing.
13 Annual Maintenance Inspections
13.1 Your Maintenance Free Roof Cover Package includes the provision of Annual Maintenance Inspections. Maintenance Free Roofing in most cases can access your roof without you being present. In some cases you will be required to grant access to Maintenance Free Roofing to your property. In these cases Maintenance Free Roofing will contact you on or around the start of each Maintenance Year to agree with you a date and time window to visit your property to carry out an Annual Maintenance Inspection.
13.2 If after attempting to contact you three times to arrange an Annual Maintenance Inspection you have not responded, Maintenance Free Roofing will assume that you do not wish it to carry out any Annual Maintenance Inspections for the Maintenance Year in question and Maintenance Free Roofing will not contact you again to arrange any Annual Maintenance Inspections until the start of the next Maintenance Year. In such circumstances Maintenance Free Roofing will not be liable to refund any portion of the
Price to you but you can subsequently ask Maintenance Free Roofing to carry out an Annual Maintenance Inspection for you during the then current Maintenance Year but you must contact Maintenance Free Roofing yourself to arrange that.
13.3 Undertaking Annual Maintenance Inspections are very important to ensure that your roof remains safe and watertight; to identify and minimise the risk of faults and problems developing in future. If you do not respond to attempts by Maintenance Free Roofing to arrange any Annual Maintenance Inspections and that results in problems or faults developing which would have been avoided had Maintenance Free Roofing been able to undertake each Annual Maintenance Inspection then Maintenance Free Roofing reserves the right to charge you a reasonable additional amount to cover the cost of any work which it then has to undertake to correct those problems or faults but which would have been avoided had you arranged with Maintenance Free Roofing for it to undertake an Annual Maintenance Inspection.
14 TIME OF PERFORMANCE AND APPOINTMENTS
14.1 Any dates for delivery/performance which Maintenance Free Roofing may provide or agree to (including any dates and time windows specified by Maintenance Free Roofing for visiting your property to carry out maintenance visits) are estimates and whilst Maintenance Free Roofing will always try to meet those dates and time periods it will not be liable for any minor delays or failures. In particular, Maintenance Free Roofing will not be liable for any delays caused by circumstances beyond its reasonable control (such as adverse weather conditions, staff illness or a general market shortage of particular goods or parts, particularly in the case of materials for older roofs).
14.2 When you contact Maintenance Free Roofing to arrange any visit or to request any repair, Maintenance Free Roofing will always try to agree with you a convenient date and time window which is as soon as reasonably possible. However, Maintenance Free Roofing reserves the right, acting reasonably, to prioritise visits between its customers at its discretion (for example, Maintenance Free Roofing will always prioritise repairs for vulnerable customers with major leaks which are required to address an immediate risk to health and safety) which means that in periods of peak demand there may be a slight delay for booking routine non-emergency appointments (such as Annual Maintenance Inspections).
15 YOUR OBLIGATION TO ALLOW Maintenance Free Roofing ACCESS TO YOUR PROPERTY
15.1 You must provide Maintenance Free Roofing with free access to your property to enable it to provide goods and services under your Maintenance Free Roof Cover Package. You must ensure that you have secured in advance any necessary licences, permits or authorisations required to enable Maintenance Free Roofing to provide goods and services at your property (such as any listed building consents, if applicable).
15.2 Maintenance Free Roofing will usually carry out work at your property during its usual working hours on Mondays to Fridays on a date and within a time window agreed with you in advance. However, occasionally Maintenance Free Roofing may decide at its own expense to work outside of these days/hours to enable it to complete work as soon as possible and/or to minimise any delay. You agree to grant Maintenance Free Roofing access to your property during any time window agreed with you in advance (and during a reasonable period before and after that time window in the event that Maintenance Free Roofing may arrive slightly early or late) and outside of these days/hours if requested
by Maintenance Free Roofing. If you request that Maintenance Free Roofing carry out work outside of its usual working hours on Mondays to Fridays for any reason other than to allow Maintenance Free Roofing to remedy any breach of these terms and conditions (for example, if you ask Maintenance Free Roofing to carry out an Annual Maintenance Inspection on a Saturday as that is the most convenient day for you) then Maintenance Free Roofing’s agreement to do so may be subject to you first agreeing to pay Maintenance Free Roofing’s additional charges for working outside of its usual days/hours which charges will be agreed with you in advance.
15.4 If Maintenance Free Roofing suspend or delay the delivery of any goods and/or the performance of any services at your request or as a direct result of any breach by you of your obligations under this these terms and conditions then Maintenance Free Roofing will not be liable for any failure or delay to comply with its obligations under these terms and conditions to the extent that is directly caused by such suspension and in addition to the Price payable by you, Maintenance Free Roofing reserves the right to charge you a reasonable additional amount to cover any unavoidable costs, expenses and/or losses incurred by Maintenance Free Roofing as a direct result of its suspension or delay in those circumstances.
15.5 If you fail or refuse to provide Maintenance Free Roofing with access to your property on any agreed date and within any agreed time window (and/or within a reasonable period before or after any agreed time window) then Maintenance Free Roofing reserves the right to charge you a no-access charge of £50 which represents the reasonable costs incurred by Maintenance Free Roofing in sending a qualified roofer to your property and that roofer being unavailable to provide services for other Maintenance Free Roofing customers. In addition, in such circumstances (or should you refuse to provide Maintenance Free Roofing with reasonable access to your property at a reasonable time following receipt of reasonable prior notice from Maintenance Free Roofing requesting access) Maintenance Free Roofing will not be liable for any failure or delay to comply with its obligations under these terms and conditions to the extent that is directly caused by its inability to obtain access to your property.
16 INABILITY TO ACCESS TO YOUR ROOF AND STRUCTURAL DEFECTS AT YOUR PROPERTY
16.1 Maintenance Free Roof Cover Packages are provided by Maintenance Free Roofing on the basis that all parts of your roof will be easily accessible.
16.2 Maintenance Free Roofing will not be liable for any damage to your property which is caused as a direct result of structural defects or weaknesses at your property.
17 DANGEROUS MATERIALS
17.1 As part of your Maintenance Free Roof Cover Package Maintenance Free Roofing will remove any non-dangerous waste items from your property (such as old tiles/slates) which will become the property of Maintenance Free Roofing upon removal. However, Maintenance Free Roof Cover Packages do not include the removal by Maintenance Free Roofing of any dangerous materials from your home (such as asbestos).
17.2 If any dangerous materials are found at your home then Maintenance Free Roofing may agree (at its discretion) to remove those for you for an additional charge agreed with you in advance. If not, you must arrange at your own expense for a specialist contractor to remove those dangerous materials as soon as possible and Maintenance Free Roofing
will be entitled to suspend further work until you have done so and provided Maintenance Free Roofing with a “site clearance for reoccupation” certificate which should be provided by your specialist contractor but in these circumstances you will remain obliged to pay Maintenance Free Roofing for your Maintenance Free Roof Cover Package. If you have not arranged for the removal of any such dangerous materials by the end of the Maintenance Year in which Maintenance Free Roofing identified those dangerous materials then Maintenance Free Roofing will cancel your Maintenance Free Roof Cover Package at the end of that Maintenance Year and your Maintenance Free Roof Cover Package will not automatically renew.
18 MATERIALS
18.1 Your Maintenance Free Roof Cover Package includes the supply of materials and Maintenance Free Roofing shall be entitled, acting reasonably, to decide whether any part of your roof is suitable for repair or should be replaced with new materials. Where new materials are provided by Maintenance Free Roofing, these shall be the standard version of the materials in question (for example, replacement guttering be a standard fitting plastic version). Maintenance Free Roofing may for an additional charge agreed with you in advance be able to supply upgraded parts but Maintenance Free Roofing does not guarantee that it will always be able to supply upgraded parts and in particular, cannot guarantee to provide matching parts for unusual or non-standard fittings.
19 ROOFS BEYOND ECONOMIC REPAIR AND REPLACEMENT ROOFS
19.1 Your Maintenance Free Roof Cover package provides you with an Annual Allowance to repair minor faults with the aim to prolong the life of your existing roof. However Maintenance Free Roofing can not guarantee while you are within any Maintenance Year that your roof may become Beyond Economic repair. If Maintenance Free Roofing specifies your roof as Beyond Economic Repair and you are not entitled to a replacement roof free of charge under the terms and conditions specified within your warranty agreement with your original supplier, or Maintenance Free Roofing at the time of installation then Maintenance Free Roofing will provide you with a quote to supply and install a new roof. You are not obliged to accept that quote and are free to ask for quotes from other suppliers and/or appoint someone other than Maintenance Free Roofing to supply and install a new roof for you. However, if you decide not to appoint Maintenance Free Roofing to supply and install a new roof for you then Maintenance Free Roofing will not be obliged to continue providing any goods and services to your under your Maintenance Free Roof Cover Package (and in particular, Maintenance Free Roofing will not be obliged to carry out any further repairs to your roof) unless and until such time as you have had a new roof properly installed by a qualified roofing enhgineer and can provide reasonable evidence to Maintenance Free Roofing of that (such as the installation certificate provided to you by the roofing engineer) but you will still be obliged to pay for your Maintenance Free Roof Cover Package for the remainder of the then current Maintenance Year. If you have not had a new roof installed by the end of the Maintenance Year in which Maintenance Free Roofing specified your roof as Beyond Economic Repair then Maintenance Free Roofing will cancel your Maintenance Free Roof Cover Package at the end of that Maintenance Year and your Maintenance Free Roof Cover Package will not automatically renew.
20. Annual Repair Allowance:
20.1 The Maintenance Free Roof Cover package provides you with an Annual Repair Allowance of £500 within each Maintenance Year. This allowance is not of cash value and can only be claimed
through materials and labour. Your allowance is allocated to you automatically at the start of each Maintenance Year. Following completion of any given Maintenance Year any Annual Repair Allowance remaining from such year cannot be transferred onto the new Maintenance Year.
20.2 Should repair work be required on your roof Maintenance Free Roofing will provide you with sufficient information, and prior to this work being conducted you will agree for the cost of the works being deducted from your current Maintenance Year’s Annual Repair Allowance.
20.3 Where the cost of the works exceed your remaining Annual Repair Allowance Maintenance Free Roofing may supply you with a quotation for the works to be completed. You are not obliged to accept that quote and are free to ask for quotes from other suppliers and/or appoint someone other than Maintenance Free Roofing to conduct repair work for you. However, if you decide not to appoint Maintenance Free Roofing to repair work for you then Maintenance Free Roofing will not be obliged to continue providing any goods and services to you under your Maintenance Free Roof Cover Package (and in particular, Maintenance Free Roofing will not be obliged to carry out any further repairs to your roof) unless and until such time as you have had all recommended repair work carried out by a qualified roofing engineer and can provide reasonable evidence to Maintenance Free Roofing of that (such as a certificate of completed works provided to you by the roofing engineer) and all works will be subject to an Inspection carried out by Maintenance Free Roofing to ensure repairs are to Maintenance Free Roofing standards but you will still be obliged to pay for your Maintenance Free Roof Cover Package for the remainder of the then current Maintenance Year. If you have not had repair work completed by the end of the Maintenance Year in which Maintenance Free Roofing specified your roof required repair work then Maintenance Free Roofing will cancel your Maintenance Free Roof Cover Package at the end of that Maintenance Year and your Maintenance Free Roof Cover Package will not automatically renew.
21 EXCLUSIONS
21.1 Domestic Dwellings Only. Maintenance Free Roof Cover Packages are provided under these terms and conditions for domestic dwellings only which you must occupy as your main residence. If you would like to put in place a Maintenance Free Roof Cover Package for non-domestic premises or for premises which you do not occupy as your main residence (for example, for a property which you rent out to tenants or a holiday home) then please contact Maintenance Free Roofing for further details.
21.2 Inherent Problems with your roof or Design Faults. Maintenance Free Roof Cover Packages do not include the provision of any goods or services (and in particular, the carrying out of any repairs) required as a result of inherent design faults or problems with your roof which Maintenance Free Roofing could not reasonably have been expected to identify as part of its Initial Inspection. Where any such faults or problems are identified by Maintenance Free Roofing during its Initial Inspection then paragraph 12.2(b) or 12.2(c) above will apply. If any such faults or problems become apparent after the Initial Inspection, Maintenance Free Roofing may provide you with a quote to carry out any required remedial work (if it is able to do so). You are not obliged to accept that quote and are free to ask for quotes from other suppliers and/or appoint someone other than Maintenance Free Roofing to carry out any required remedial work for you. However, if you decide not to appoint Maintenance Free Roofing to carry out those remedial works for you (or should Maintenance Free Roofing advise you that it is unable to carry out those remedial works) then unless and until you
have arranged for those remedial works to be completed at your own expense Maintenance Free Roofing will not be obliged to continue providing any goods and services to your under your Maintenance Free Roof Cover Package (and in particular, Maintenance Free Roofing will not be obliged to carry out any further repairs to your roof) to the extent that the requirement for those would have been avoided had those remedial works been completed but you will still be obliged to pay for your Maintenance Free Roof Cover Package for the remainder of the then current Maintenance Year. If you have not had those remedial works completed by the end of the Maintenance Year in which Maintenance Free Roofing notified you of the requirement for those then Maintenance Free Roofing will cancel your Maintenance Free Roof Cover Package at the end of that Maintenance Year and your Maintenance Free Roof Cover Package will not automatically renew.
21.3 Deliberate Damage, Damage Caused by Third Parties or Failure to Follow Instructions. Maintenance Free Roof Cover Package does not include the provision of any goods or services (and in particular, the carrying out of any repairs) which may be required to make good any damage, problems, faults or issues which: (a) have been caused by anyone other than Maintenance Free Roofing carrying out work on your roof (for example, if you arrange for someone other than Maintenance Free Roofing to carry out a repair a Velux window and they do not carry out that repair correctly) are caused by any deliberate damage to or a malicious attack to your property by you or a third party.
21.4 Loss or Damage to Fixtures and Fittings. Maintenance Free Roof Cover Packages do not include the repair or replacement of or making good of any loss or damage to fixtures, fittings and decorations caused by problems with your roof (such as water damage to carpets caused by major leaks) unless and only to the extent that such loss or damage is directly caused by any breach by Maintenance Free Roofing of its obligations under these terms and conditions (in which case, Maintenance Free Roofing shall repair, replace or make good such loss or damage at its own expense).
21.5 Items Covered by Third Party Warranties Where a problem or fault develops with any part of your roof which is covered by any guarantee or warranty provided by a third party (for example, a fault develops with a Velux window which is still under a manufacturer’s guarantee or warranty) then Maintenance Free Roofing will not be obliged to repair that problem or fault and you must claim yourself under the terms of your applicable third party guarantee or warranty.
21.6 Health and Safety Risk Maintenance Free Roofing shall be entitled to cease work at your property without liability if it becomes apparent that to continue that work would present a risk to health and safety and that risk was not created by Maintenance Free Roofing (for example, if it becomes apparent that a wall in your property is structurally unsound but Maintenance Free Roofing did not cause that problem and could not reasonably have been expected to have foreseen that problem when it started work). In such circumstances, where it is safe to do so Maintenance Free Roofing will leave your roof in a safe condition but does not guarantee that it will be able to leave your roof in a watertight condition.
21.7 Fire and weather damage. Maintenance Free Roof Cover packages do not include cover for damage caused by fire, lightning, explosion, flood, storm, freezing weather conditions or damage caused to your roof as a result of structural changes to your property.
22 SERVICE STANDARDS AND Maintenance Free Roofing’S LIABILITY TO YOU
22.1 All goods supplied by Maintenance Free Roofing as part of your Maintenance Free Roof Cover Package will correspond with any specification provided by Maintenance Free Roofing and will be of satisfactory quality and fit for purpose. All services will be performed by Maintenance Free Roofing
Roofing & Building Ltd using all reasonable skill, care and diligence. Maintenance Free Roofing may after the start date of your Maintenance Free Roof Cover Package make reasonable changes to the specification of any goods or services where that is required to ensure compliance with any applicable law or code of practice and/or where those changes do not result in any reduction to the standard, quality or performance of the goods or services in question or otherwise place you at any disadvantage.
22.2 None of the limitations on the liability of Maintenance Free Roofing set out in these terms and conditions will apply to claims for death or personal injury arising from Maintenance Free Roofing’s negligence.
22.3 If Maintenance Free Roofing breaches any of its obligations owed to you then Maintenance Free Roofing accepts responsibility for any loss or damage which you may suffer as a direct result of its breach and which was reasonably foreseeable on the date on which Maintenance Free Roofing accepted your original order. Maintenance Free Roofing does not though accept any responsibility for loss or damage which is not caused as a direct result of its breach (including liability for any loss of earnings) or which was not reasonably foreseeable on the date on which Maintenance Free Roofing accepted your order. Further, Maintenance Free Roofing does not accept responsibility for any loss or damage to the extent that it is caused as a direct result of you breaching any of your obligations under these terms and conditions (for example, if you fail to provide Maintenance Free Roofing with access to your property to enable it to perform services) and/or due to circumstances beyond its reasonable control (including where any tiles/slates parts are no longer generally available on the open market or are in short supply).
22.4 If you suffer any loss or damage for which Maintenance Free Roofing is responsible then you must afford Maintenance Free Roofing a reasonable opportunity to remedy the problem (for example, by allowing Maintenance Free Roofing access to your property to repair any damage for which it is responsible) and you must take reasonable steps to minimise or avoid any loss or damage which you may suffer as a result of Maintenance Free Roofing’s breach of these terms and conditions. Maintenance Free Roofing will not be responsible for any loss or damage which you fail to afford it a reasonable opportunity to put right and/or which could have been avoided or minimised by you taking reasonable steps which you failed to take.
23 YOUR CONTACT DETAILS
23.1 Your Maintenance Free Roof Cover Package is provided to you for the property address given on the date of purchase. In the event of moving to a new home, your Maintenance Free Roof Cover package will no longer be valid at the given address, or your new address, until an Initial Inspection has been conducted at your new address by Maintenance Free Roofing. Your Maintenance Free Roof Cover package will not be started at your new address until Maintenance Free Roofing deem your new roof to be to Maintenance Free Roofing standards; or until any recommendations for repair work have been completed to a satisfactory standard whether repaired by Maintenance Free Roofing or a contractor of your own choice but you will still be obliged to pay for your Maintenance Free Roof Cover Package for the remainder of the then current Maintenance Year. 23.2 When Maintenance Free Roofing needs to contact you or provide you with any notifications under these terms and conditions it will do so (at its discretion) in writing, by email, text message and/or by telephone (except where these terms and conditions or general law requires Maintenance Free Roofing to give you any notification in writing) using the most recent contact details which you have provided to Maintenance Free Roofing
Ltd. For this reason it is important that you inform Maintenance Free Roofing of any changes to your contact details (such as a new mobile telephone number or email address) using the contact details for Maintenance Free Roofing set out in paragraph 26 below. Maintenance Free Roofing will not be liable to you if you do not receive any notifications from Maintenance Free Roofing or Maintenance Free Roofing cannot get in contact with you because your contact details have changed but you have not told Maintenance Free Roofing about those changes.
24 COLLECTION AND USE OF YOUR PERSONAL INFORMATION
24.1 In order to provide your Maintenance Free Roof Cover Package it is necessary for Maintenance Free Roofing to collect and use certain personal information concerning you such as your name and address and bank account details (if you have chosen to pay for your Maintenance Free Roof Cover Package via direct debit). Any such information may be used by Maintenance Free Roofing for any purposes reasonably connected to the provision of your Maintenance Free Roof Cover Package. Maintenance Free Roofing’s privacy policy which is available on request and can also be viewed on the Maintenance Free Roofing’s Maintenance Free Roof Cover website (www.Maintenance Free Roof Cover.co.uk), sets out full details of the type of information which Maintenance Free Roofing may collect about you and how that information may be used by Maintenance Free Roofing and shared with others.
25 COMPLAINTS AND CONTACTING Maintenance Free Roofing
25.1 If you have any complaint regarding your Maintenance Free Roof Cover Package (or otherwise need to get in touch with Maintenance Free Roofing – for example, if you need to inform Maintenance Free Roofing of any change to your contact details) then please inform Maintenance Free Roofing as soon as possible so Maintenance Free Roofing has the opportunity to put things right as soon as possible. You can contact Maintenance Free Roofing: In writing to: Maintenance Free Roof Cover Department Maintenance Free Roofing, 6 Cannock Grove, Glenboig, ML5 2TL By email to: customercare@Maintenance Free Roof Cover.co.uk By phoning: INSERT TELEPHONE NUMBER
25.2 Maintenance Free Roofing are often able to resolve complaints immediately however, where that is not possible Maintenance Free Roofing will keep you updated as to the progress of your complaint and will try to let you have a written response as soon as reasonably possible.
26 VARIATIONS TO THESE TERMS AND CONDITIONS
26.1 Other than in the limited circumstances detailed in these terms and conditions where Maintenance Free Roofing may make certain unilateral changes and subject to the right of Maintenance Free Roofing under paragraph 7.1 above to propose changes as a condition of extending your Maintenance Free Roof Cover Package for a further Maintenance Year, any other variation to these terms and conditions under this paragraph will only be valid if agreed between you and Maintenance Free Roofing in writing.
27 ASSIGNMENT
27.1 Maintenance Free Roofing may from time to time assign or sub-contract some or all of its rights and obligations under these terms and conditions but any such assignment will only be in circumstances which do not prejudice your rights under these terms and conditions.
Your Right to Cancel
You have the right to cancel this contract within 14 days without giving any reason; this cancellation period will expire 14 days after the date on which Maintenance Free Roofing accepted your order for your Maintenance Free Roof Cover Package. To exercise this right you must make/send a clear statement to Maintenance Free Roofing within this 14 day period that you wish to cancel – to meet this deadline it is sufficient for you to make/send your statement of cancellation within this 14 day period. You may use the form below to exercise your right to cancel but use of that form is not obligatory. Even if you do not wish to use this cancellation form please ensure that any statements of cancellation are made/sent by you to Maintenance Free Roofing using the contact details set out on that form. Provision of Goods and Services During the Cancellation Period If you have requested in writing (or by any other durable medium) that Maintenance Free Roofing commence the provision of your Maintenance Free Roof Cover Package at your home before the expiry of this 14 day cancellation period then you will still have the option to cancel however, in those circumstances you will be required to pay a proportionate amount of the price payable to Maintenance Free Roofing under this contract for the work which it has already undertaken before your cancellation and for any Goods which Maintenance Free Roofing have already installed. Effect of Cancellation If you cancel this contract in accordance with your rights above then Maintenance Free Roofing will collect at its own expense any Goods which have already been delivered to your home but not yet installed and reimburse you without delay for any payments which you have already made to Maintenance Free Roofing under this contract. However, Maintenance Free Roofing may deduct from this reimbursement: (i) a reasonable amount for any loss or damage caused to any such Goods whilst at your home provided that such loss or damage was not caused by Maintenance Free Roofing or as a result of you carrying out a reasonable inspection of those Goods to confirm they were as ordered; and/or (ii) any payment which Maintenance Free Roofing may be entitled to as referred to above for services performed at your request during the 14 day cancellation period. If you have not yet made any payment to Maintenance Free Roofing prior to your cancellation then Maintenance Free Roofing will have the right to recover payment of either of these amounts from you.