Terms of Use

Terms and Conditions of Sale

1 General

(a) In these conditions the sale ‘the seller’ means Warmeroofs.com and ‘the buyer’ means the person, firm or company placing an order for goods or services which are subject to these terms and conditions which are not variable except writing signed by the seller.

(b) These conditions of sale together with the particulars contained in the order acceptance, save where stated otherwise and any special conditions agreed by the seller in writing constitute the entire contract between the buyer and the seller.

(c) Periods of time referred to in these conditions of sale shall be of the essence.

2. Quotations

(a) All quotations by the seller represent an invitation to the buyer to place an order and do not constitute a legal offer. The purchase order will be regarded as the offer and the seller’s order acceptance will be regarded as binding. No alternative terms and conditions will be considered or accepted by the seller.

(b) All prices are quoted without commitment and are subject to alteration or withdraw by the seller without prior notice. Prices quoted and agreed to include the cost of goods and fitting only including VAT.

3. Retention of Sale

(a) The goods shall remain the property of the seller until full payment has been received (each order being considered as a whole).

(b) The seller will have the right to:

1. To repossess the goods
2. To use or sell all or any of the goods
3. iii. To enter any premises of the buyer for the aforesaid purposes.

4. Payment Terms

(a) Unless the seller has approved a credit application evidenced in writing all goods must be paid for in full prior to delivery/fitting unless otherwise agreed.

(b) If payment is not made by the due date, we reserve the right to charge interest at a rate of 2.5% per month above the bank base rate of for the time being on a day-to-day basis.

5. Delivery

(a) Any delivery or supply date or time specified by us in the Order Confirmation, the Technical Survey or during the order confirmation process (as the case may be) is an estimate only, and we will not be liable to you for any loss sustained by you if we fail to meet that time scale because of circumstances beyond our reasonable control (including, for the avoidance of doubt and without limitation, any loss of income or revenue, loss of business, loss of anticipated savings, loss of data or any waste of time-related to a cancelled or delayed installation appointment). All our products are made-to-measure and may have extended manufacturing and/or delivery periods. The estimated delivery date will be agreed with you at the time of the order or, where a survey is required, the time of the survey.

(b) If a buyer fails to take delivery of the goods or any part of them on the due date for any reason whatsoever the seller will be entitled to charge for re-delivery and upon notice to the buyer delivery will be deemed to have taken place and the buyer will pay to the seller all costs and expenses including storage and insurance charges. Any delay or failure to deliver by the seller will not entitle the buyer to refuse delivery or to repudiate the contract and the full price will be payable to the seller without deduction.

(c) The address for delivery shall be the buyer’s address as stated on the order unless otherwise agreed between the parties in writing.

(d) Once the goods are delivered, fitted and signed for the seller cannot accept responsibility for any damage to said property.

6. Liability

All goods are sold to the buyer on the following conditions. The seller does not accept any responsibility arising from the buyer’s failure to follow these conditions.

(a) The buyer must check that the Product(s) are in accordance with the purchase order. The seller cannot accept responsibility in circumstances where the buyer is not present at the delivery/installation address.

(b) The seller cannot guarantee precise colour matching against samples, our products are made from a manufactured material. Colour matching of finished products (e.g. paints) cannot be guaranteed although every reasonable effort will be made to ensure the accuracy of the finished product.

(c) Our Product(s) will be defect-free in materials or workmanship. As Product(s) are manufactured and transported, it is sometimes the case that there will be small defects on any Product(s) and should this scenario arise, Warmeroofs.com will be happy to review such product. If the defect is so minor that it doesn’t affect the performance of the Product(s) or can’t be clearly seen under ordinary light to two metres away, this in any normal event will not constitute a defect.

(d) The seller cannot guarantee the goods against fading especially as a result of exposure to sunlight where fading will occur (see Warranty). Our goods unless specifically designed and recommended to do so are not guaranteed against extreme damp or variable conditions.

(e) The seller reserves the right to withdraw any products and colours at any time without prior notice and cannot be held responsible for any consequences, caused by the withdrawal of such products.

(f) Under no circumstances except in respect of death or personal injury caused by the seller’s negligence does the seller accept liability for consequential Ioss, damage, costs or expenses, howsoever arising and any liability for any such consequential loss damage is hereby specifically excluded. Should a claim be made the seller’s liability is limited to the value of the order placed by the buyer.

(g) The seller gives no warranty as to the fitness of the product supplied for any purpose other than that of an internal window dressing as surveyed by the company, other installation and uses are the risk of the buyer.

(h) Tolerance levels of overall product specifications are plus or minus 2mm per individual product, and the product will not be considered defective if failing within the size range. Warp on any component part, vertical or horizontal, shall not exceed 1mm per 300mm and shall not be considered defective if within this tolerance.

(i) If the client is not on site when the property is surveyed or installed the Product(s) will be fitted in accordance with our standard practices unless agreed prior to confirmation. If they chose to install against our recommendation, then liability will be theirs.

(j) The seller accepts no responsibility for changes in any aspect of the window or window surround/window handles/alarms sensors/or any additions to the window or the surround after the final measure and the order has been placed. Any goods that do not fit as a result of this will still need to be paid for in full and any remakes or further work required will also be charged for. The foregoing is in substitution for all other terms, expressed or implied relating to the quality or fitness for purpose, and all such terms are hereby excluded. This does not, however, affect the consumer’s statutory rights.

(k) In the event of breakage or damage to the property, Warmeroofs.com will notify the buyer immediately and set out steps to remedy the situation. Similarly, if at the end of a job the buyer is dissatisfied with any aspect of the service, they must inform the seller as soon as possible. Buyers must allow the seller to affect a remedy using our own tradespeople and under no circumstances will the seller be held liable for the costs of reparations by third parties that have not been expressly agreed to in writing.

(l) If you raise a claim or issue regarding the installation services, the buyer must allow the seller access to review the installation services/products and to take photographs of any alleged damage or poor quality of work.

(m) During and or on completion of the installation of Product(s) the seller may take photographs of the installation and area surrounding the window/door for quality control, which may be reviewed by all parties should a quality control matter be forthcoming.

7. Your rights to end the contract

All products sold by Warmeroofs.com are bespoke and made-to-measure to your requirements. As such, they fall into the category of tailor-made products under the Consumer Contracts Regulations 2013 and you will not, therefore, be able to cancel your order for any product(s) once placed, provided that this will not affect your legal rights as a consumer in relation to bespoke and made-to-measure products that are faulty or not as described.

8. Our rights to end the contract

We reserve the right to end the contract if we find at survey there is an unacceptable difference between the amount quoted for the goods and that determined by the technical measure.

The foregoing is in substitution for all other terms, expressed or implied relating to the quality or fitness for purpose, and all such terms are hereby excluded. This does not, however, affect the customer’s statutory rights.