Terms and Conditions

Unless otherwise agreed in writing, the following Terms and Conditions (“T&Cs”) shall apply to all orders placed. Any terms, stipulations, or conditions contained within a customer’s order that conflict with, modify, or negate any provision of these T&Cs shall not apply unless expressly accepted in writing by the Supplier at the time the order is acknowledged.

In the absence of such written agreement, these T&Cs shall prevail and govern the contractual relationship between the parties.

Application of Terms and Conditions

The following Terms and Conditions (“T&Cs”) shall apply to all contracts entered into with Weatherproofing Advisors Ltd (“the Contractor”). No amendment, variation, or waiver of these T&Cs shall be effective unless expressly agreed and confirmed in writing by the Contractor.

The Contractor shall provide all labour, materials, equipment, and other resources necessary for the proper execution of the Contract. The Customer shall, at no cost to the Contractor, provide all reasonably required site facilities and service media available at the premises, including but not limited to electricity, water, and access to the work area.

The Contractor reserves the right to make such changes to the specification of goods supplied or services rendered as may be necessary to comply with any applicable statutory, regulatory, or other legal requirements. Where goods are supplied to a specification provided by the Customer, the Contractor may make modifications that do not materially affect the quality, performance, or intended purpose of the goods or services.

1. Basic Conditions

1.1 The Contractor’s estimate is based on its operatives having reasonable and continuous access to the work area and uninterrupted continuity of work, unless otherwise agreed in writing prior to the commencement of the Works.

1.2 The Contractor shall provide all labour, materials, plant, equipment, and other resources necessary for the proper execution and completion of the Contract.

1.3 Where required for the execution of the Works, the Customer shall provide, at no cost to the Contractor, reasonable access to mains electricity, water supply, and welfare facilities, including toilet facilities. The Contractor shall ensure that such facilities are used responsibly and solely for purposes connected with the Works.

1.4 Any delay, interruption, or restriction to the continuity of the Works caused by circumstances beyond the Contractor’s reasonable control, including the unavailability of the facilities referred to above, may entitle the Contractor to an extension of time and/or adjustment to the Contract Sum, subject to agreement between the parties.

2. Hazardous Materials and Samples

2.1 The Contractor accepts no responsibility or liability for identifying, testing, or determining the presence of hazardous, toxic, or otherwise harmful substances within any roof area, roof covering, membrane, substrate, or associated materials.

2.2 Unless the Customer has expressly notified the Contractor in writing prior to the submission of the estimate, the Contractor’s quotation shall be based on the assumption that all materials to be removed, disturbed, repaired, or otherwise worked upon are non-hazardous and non-toxic.

2.3 Should any hazardous or potentially hazardous materials be discovered during the course of the Works, the Contractor reserves the right to suspend the relevant works immediately until appropriate investigations, risk assessments, and agreed methods of handling or removal have been undertaken. Any resulting delay, additional costs, or variations to the Contract Sum shall be borne by the Customer unless otherwise agreed in writing.

3. Asbestos

3.1 It is the Customer’s responsibility to inform the Contractor, in writing and prior to the commencement of the Works, of the presence or suspected presence of any asbestos-containing materials (“ACMs”) or any other hazardous substances located within, adjacent to, or otherwise in the vicinity of the Works.

3.2 The Contractor shall be entitled to rely upon the information provided by the Customer and shall have no responsibility for identifying, testing for, or surveying asbestos-containing materials unless expressly agreed in writing.

3.3 If asbestos or suspected asbestos is discovered during the course of the Works, the Contractor reserves the right to suspend the affected works immediately until the material has been inspected, tested, and, where necessary, removed or made safe by a suitably qualified specialist. Any resulting delay, additional costs, or variations to the Contract Sum shall be the responsibility of the Customer unless otherwise agreed in writing.

4. Statutory Requirements

4.1 The Customer shall be solely responsible for obtaining, prior to the commencement of the Works, all necessary planning permissions, building control approvals, licences, consents, permits, and any other approvals required under any applicable legislation, regulations, by-laws, or the requirements of any local authority, statutory authority, or other governing body.

4.2 The Contractor shall not be liable for any delay, additional cost, loss, or damage arising from the Customer’s failure to obtain such permissions or approvals.

4.3 The Contractor shall not be responsible for, nor liable in respect of, any failure, defect, or inadequate performance of any roof system or associated works arising from:

(a) defective or inadequate structural design;

(b) latent or inherent defects within the building, structure, or its services;

(c) pre-existing defects or deterioration not reasonably apparent at the time of inspection; or

(d) abnormal atmospheric, environmental, or site conditions,

unless such matters have been disclosed to the Contractor in writing prior to the commencement of the Contract.

4.4 The Contractor’s obligations under the Contract are limited to the scope of the Works agreed and do not include responsibility for the design, structural adequacy, or condition of the existing building or structure unless expressly agreed in writing.

5. Design Responsibility

5.1 Where the Customer specifically requests the Contractor to undertake the design of any element of the Works, the Contractor’s design responsibility shall be strictly limited to those parts of the Sub-Contract Works expressly identified as being designed by the Contractor.

5.2 The Contractor’s design obligations are limited to the design of roofing works and associated elements within its area of expertise and only to the extent necessary to satisfy the relevant specification, performance requirements, and applicable industry standards.

5.3 In carrying out any design work, the Contractor shall exercise all reasonable skill, care, and diligence expected of a competent roofing contractor experienced in carrying out similar work under similar circumstances.

5.4 Notwithstanding the Contractor’s design obligations, responsibility for the overall design, structural adequacy, coordination, and suitability of the building and the Works as a whole shall remain with the Architect, Principal Designer, Structural Engineer, or other professional consultants appointed by the Customer. The Contractor’s design responsibilities shall not relieve such parties of their respective duties and liabilities.

5.5 Unless expressly agreed in writing, the Contractor shall have no responsibility for the design of the supporting structure, load-bearing elements, drainage systems external to the roofing works, or any aspect of the Works outside the Contractor’s defined scope.

6. Technical Information

6.1 Any technical information, specifications, performance data, product literature, recommendations, or other details relating to materials or products supplied by the Contractor are based on information provided by the relevant manufacturers and/or suppliers and are believed to be accurate at the time they are provided.

6.2 The Contractor does not independently verify such information and, accordingly, does not warrant or guarantee the accuracy, completeness, or suitability of any technical information supplied by manufacturers or third parties.

6.3 The Customer acknowledges that product specifications, technical data, and performance characteristics may be amended by manufacturers from time to time without notice. The Contractor shall not be liable for any loss, damage, or expense arising solely from inaccuracies or changes in such information where the Contractor has reasonably relied upon information provided by the manufacturer or supplier.

6.4 The Customer remains responsible for satisfying itself that the materials and products specified are suitable for the intended application unless the Contractor has expressly agreed in writing to undertake design responsibility in accordance with Clause 5.

7. Unloading and Storage

7.1 The Contractor shall be responsible for the receipt, unloading, handling, and storage of its materials, plant, and equipment required for the execution of the Works.

7.2 Where requested by the Contractor, the Customer shall provide, at no additional cost to the Contractor, a suitable, secure, and waterproof area for the storage of valuable, vulnerable, or perishable materials and equipment.

7.3 The Contractor shall take all reasonable precautions to safeguard its materials, plant, and equipment whilst on site. The Customer shall also take reasonable steps to provide a safe and secure site environment and to assist in protecting materials and equipment from theft, vandalism, or damage.

7.4 Unless otherwise agreed in writing, the Contractor shall not be liable for any loss of or damage to materials, plant, or equipment resulting from theft, vandalism, malicious damage, or circumstances beyond the Contractor’s reasonable control whilst such items are stored on the Customer’s premises or site.

7.5 The Customer shall remain responsible for the security of the site outside the Contractor’s working hours where the site remains under the Customer’s possession or control.

8. Working Hours

8.1 Unless otherwise agreed in writing, all Works shall be carried out during the Contractor’s normal working hours.

8.2 The Contract Sum is based upon the Contractor having unrestricted access to the Site and being able to carry out the Works in a continuous, logical, and economical sequence from commencement through to practical completion, without interruption or delay.

8.3 The Customer shall provide the Contractor with reasonable and uninterrupted access to the Site during normal working hours and shall ensure that any necessary permissions, access arrangements, or site inductions are in place to facilitate the efficient execution of the Works.

8.4 Where the Customer requests that any part of the Works be carried out outside the Contractor’s normal working hours, including evenings, weekends, public holidays, or under restricted access arrangements, such requirements must be agreed in writing in advance. The Contractor reserves the right to adjust the Contract Sum and/or programme to reflect any additional costs, labour premiums, or inefficiencies arising from such arrangements.

8.5 Any delay or disruption to the continuity of the Works caused by restricted access, site constraints, or circumstances beyond the Contractor’s reasonable control may entitle the Contractor to an extension of time and recovery of any additional costs reasonably incurred.

9. Consequential Damage

9.1 Whilst the Contractor shall use all reasonable skill, care, and diligence in the execution of the Works and shall endeavour to supply materials of the specified quality and maintain a high standard of workmanship, the Contractor shall not be liable for any indirect or consequential loss or damage arising out of or in connection with the Contract, except to the extent that such exclusion is prohibited by law.

9.2 Owing to the nature of roofing and associated works, the Contractor cannot guarantee that the Customer’s premises will remain completely windproof or watertight at all times during the execution of the Works. The Contractor shall, however, take all reasonable precautions to minimise any period during which the property is exposed to the elements and to protect the Works and the Customer’s property from adverse weather conditions.

9.3 Subject to Clause 9.1 and applicable law, the Contractor shall not be liable for indirect or consequential losses, including but not limited to:

(a) loss of profit, business interruption, or loss of use;

(b) damage arising from water ingress occurring as an unavoidable consequence of the Works or adverse weather conditions;

(c) damage to roads, driveways, paved areas, landscaping, or adjoining property arising from reasonable access to, storage of, or transportation of materials and equipment; or

(d) damage to vehicles, goods, stock, machinery, equipment, or other items belonging to the Customer or any third party that remain within or adjacent to the working area where reasonable precautions have not been taken to remove or protect such items.

9.4 Where requested by the Contractor, the Customer shall remove or adequately protect all vehicles, goods, stock, equipment, and other movable property from the areas in which the Works are to be carried out and from any areas reasonably affected by the Works. The Contractor shall not be liable for any loss or damage resulting from the Customer’s failure to comply with this requirement.

9.5 Nothing in these Terms and Conditions shall exclude or limit the Contractor’s liability to the extent that such liability cannot lawfully be excluded or limited under applicable law.

10. Delays

10.1 The Contractor shall not be liable for any delay in the commencement, progress, or completion of the Works arising from any event or circumstance beyond its reasonable control.

10.2 Such events and circumstances shall include, but shall not be limited to:

(a) strikes, lockouts, labour disputes, or industrial action;

(b) fire, flood, storm, adverse or inclement weather conditions, or other natural events;

(c) delays, shortages, or failures by suppliers, manufacturers, or carriers, including late, incorrect, or defective delivery of materials, goods, or equipment;

(d) acts or omissions of the Customer, the Customer’s agents, other contractors, or third parties;

(e) changes to the scope of the Works, unforeseen site conditions, or restrictions on access to the Site; and

(f) any other event or circumstance beyond the reasonable control of the Contractor.

10.3 In the event of any such delay, the Contractor shall be entitled to a reasonable extension of time for the completion of the Works and shall not be liable for any loss, damage, costs, expenses, or consequential losses incurred by the Customer arising directly or indirectly from such delay.

10.4 Where delays result in additional costs being incurred by the Contractor, including but not limited to increased labour, plant, material, storage, or mobilisation costs, the Contractor reserves the right to recover such additional costs from the Customer, provided that the Customer is notified as soon as reasonably practicable.

11. Materials

11.1 All materials, goods, products, and equipment supplied by the Contractor and delivered to the Site for incorporation into the Works shall remain the sole property of the Contractor until the Contractor has received payment in full of all sums due under the Contract.

11.2 Until title to such materials passes to the Customer, the Customer shall ensure that the materials are stored separately, kept in good condition, and are clearly identifiable as the property of the Contractor wherever reasonably practicable.

11.3 The risk of loss of or damage to the materials shall pass to the Customer upon delivery to the Site, notwithstanding that legal title to the materials remains with the Contractor until payment has been made in full.

11.4 If the Customer fails to make payment when due, the Contractor shall, without prejudice to any other rights or remedies available to it, be entitled to enter the Site or any premises where the materials are stored and recover any materials for which payment has not been received, provided that such entry is lawful and reasonable.

11.5 The incorporation of materials into the Works shall not prejudice the Contractor’s right to payment for those materials or any other rights arising under this Contract.

12. Re-use of Materials

12.1 Where existing materials, components, or fittings are required to be temporarily removed and retained for re-use as part of the Works, the Contractor shall exercise all reasonable skill, care, and diligence in their removal, handling, storage, and reinstatement.

12.2 The Customer acknowledges that, due to the age, condition, fragility, or method of installation of existing materials, breakage, deterioration, or damage may occur during the removal or reinstatement process despite the exercise of reasonable care by the Contractor.

12.3 The Contractor shall not be liable for any such damage, breakage, or failure of existing materials that occurs as an unavoidable consequence of their removal, handling, storage, or reinstallation.

12.4 Where replacement materials are required as a result of such damage or breakage, the cost of supplying and installing the replacement materials, together with any associated labour and ancillary costs, shall constitute a variation to the Contract and shall be added to the final account.

12.5 Where reasonably practicable, the Contractor shall notify the Customer of any damage or anticipated replacement requirements before incurring significant additional costs.

13. Storm Damage

13.1 The Contractor shall take all reasonable precautions to protect the Works and the Customer’s property from adverse weather conditions during the execution of the Works.

13.2 Notwithstanding Clause 13.1, the Contractor shall not be liable for any loss, damage, water ingress, or deterioration caused by storms, high winds, heavy rainfall, snow, flooding, or any other exceptional or adverse weather conditions that are beyond the Contractor’s reasonable control.

13.3 The Customer acknowledges that, during certain stages of roofing and associated works, it may be necessary to expose sections of the roof or building envelope. Whilst the Contractor shall use reasonable endeavours to minimise the duration and extent of such exposure, the Contractor cannot guarantee that the premises will remain completely weatherproof at all times during the Works.

13.4 Any temporary protection provided by the Contractor is intended to reduce, but not eliminate, the risk of weather-related damage. The Contractor shall not be liable for damage arising from exceptional weather events or circumstances beyond its reasonable control.

13.5 Any remedial works required as a result of storm damage or other extreme weather events occurring during or after the execution of the Works, and which are not attributable to the Contractor’s negligence, shall be treated as additional works and charged accordingly.

14. Lost Time & Weather Directive

14.1 The Contractor shall not be held responsible for any delay to the Works arising from weather conditions that prevent the safe or compliant installation of roofing, waterproofing, or associated systems.

14.2 Such weather conditions shall include, but not be limited to, rain, frost, ice, snow, excessive humidity, high winds, extreme temperatures, or any other environmental condition that falls outside the installation parameters, recommendations, or guidelines issued by the relevant manufacturer or applicable industry standards.

14.3 The Contractor shall not be required to carry out any work where, in its reasonable opinion, the prevailing weather conditions may:

(a) compromise the quality, integrity, or performance of the Works;

(b) invalidate or prejudice any manufacturer’s warranty or guarantee; or

(c) create an unsafe working environment for personnel.

14.4 Any period during which the Works are delayed or suspended as a result of the weather conditions referred to in this Clause shall constitute “Lost Time”. The Contractor shall be entitled to a reasonable extension of time for completion of the Works equivalent to the period of Lost Time, together with any additional time reasonably required to recommence operations and restore productivity.

14.5 The Customer acknowledges and accepts the Contractor’s Weather Directive and agrees that weather-related delays falling within this Clause shall not constitute a breach of contract or give rise to any claim for damages, liquidated damages, or other compensation against the Contractor.

15. Variations and Extras

15.1 The Contractor reserves the right to vary the specification, methods of working, or materials set out in the estimate, quotation, or Contract where, in the Contractor’s reasonable opinion, alternative methods, materials, or systems are more suitable, more practical, or otherwise in the best interests of the Customer in achieving the intended objectives of the Works.

15.2 Any such substitution shall be of an equivalent or superior quality and performance to that originally specified and shall not materially reduce the standard of the Works.

15.3 Where a proposed variation is likely to have a material effect on the Contract Sum, programme, appearance, or performance of the Works, the Contractor shall notify the Customer as soon as reasonably practicable and obtain the Customer’s agreement before proceeding, except where immediate action is necessary for health and safety reasons or to prevent damage to the property.

15.4 Any additional works, services, materials, or operations not included within the original estimate or quotation shall constitute a Variation. The Contractor shall be entitled to submit a separate estimate, quotation, or variation order for such additional works, which shall be subject to the Customer’s acceptance.

15.5 Where additional works are instructed by the Customer verbally, by email, by conduct, or where such works are reasonably necessary due to unforeseen site conditions, the Contractor shall be entitled to payment for the additional costs incurred, together with any associated extension of time required to complete the Works.

15.6 All approved Variations and Extras shall be added to the final account and shall become payable in accordance with the payment terms of the Contract.

16. Insurance

16.1 The Contractor shall maintain in force throughout the duration of the Contract all insurance policies required by law and such additional insurance as is reasonably necessary for the execution of the Works, including, where applicable, Employers’ Liability Insurance, Public Liability Insurance, and Contractors’ All Risks Insurance, with indemnity limits appropriate to the nature and value of the Works.

16.2 The Customer shall maintain adequate insurance cover in respect of the Site, the existing structures, and any contents, fixtures, equipment, or other property located at or adjacent to the Site which may be affected by the Works.

16.3 Each party shall be responsible for insuring against its own liabilities, obligations, and risks arising under this Contract and under any applicable legislation or common law.

16.4 The Contractor’s insurance shall cover liability for personal injury and loss of or damage to property arising from the Contractor’s negligence or breach of statutory duty in connection with the execution of the Works, subject to the terms, conditions, exclusions, and limits of the relevant insurance policies.

16.5 Upon reasonable request, either party shall provide evidence of the insurance cover maintained under this Clause.

16.6 Nothing in these Terms and Conditions shall impose upon the Contractor any liability beyond that which is covered by law or expressly assumed under the Contract.

17. Warranty

17.1 The Contractor warrants that the materials supplied will correspond with the agreed specification at the time of delivery and that workmanship will be free from defects for a period of one (1) year from practical completion (“Latent Defects Period”), unless an extended warranty period is expressly agreed in writing or covered under a WPA Aftercare Package.

17.2 Where the Customer instructs and maintains the WPA Aftercare Package for the full duration of the agreed warranty period, the Contractor’s liability for defects in workmanship may be extended for the duration of that package, subject to its terms. If the WPA Aftercare Package is not taken up or is discontinued, the Contractor’s liability for latent defects in workmanship shall be limited strictly to the one (1) year Latent Defects Period. Upon expiry of this period, the Contractor shall have no further liability in respect of workmanship, and any claims relating to product performance shall be addressed directly with the relevant manufacturer under their warranty terms.

17.3 Any defect must be notified to the Contractor in writing within twenty-eight (28) days of discovery. The Customer must provide safe and reasonable access to the Works and ensure a safe working environment for inspection and remedial works.

17.4 This warranty shall cease to apply where:

(a) the Customer appoints a third party to carry out remedial or alteration works without the Contractor’s prior written consent;

(b) the defect arises from additional works, alterations, or interference carried out by third parties;

(c) the defect results from misuse, negligence, wilful damage, abnormal environmental or working conditions, or failure to follow the Contractor’s written instructions (where provided); or

(d) the defect arises from drawings, design, specification, or instructions provided by the Customer or their consultants.

17.5 The Contractor shall have no liability for parts, materials, or equipment not manufactured or supplied by the Contractor. The Customer shall only be entitled to the benefit of any manufacturer’s warranty applicable to such items.

17.6 The Customer shall be responsible for ensuring that appropriate access arrangements, site conditions, and safety precautions are in place to enable the Contractor to carry out inspections and remedial works during any applicable warranty or aftercare period.

17.7 This warranty shall not affect the statutory rights of any consumer where the Contract constitutes a consumer transaction.

18. Terms of Payment

18.1 Unless otherwise agreed in writing by the Contractor, payment in full shall be due within thirty (30) days of the date of invoice, issued upon completion of the Works or relevant stage thereof.

18.2 The Contractor reserves the right to submit interim applications for payment and/or invoices as the Works progress, reflecting the value of work executed, materials supplied, and any variations instructed.

18.3 The Contractor shall be entitled to suspend or withhold warranties, guarantees, or aftercare obligations where any sums due remain unpaid beyond the agreed payment terms, including those referred to in Clause 17.

18.4 The Contractor reserves the right to refuse to commence or continue any order or contract where payment arrangements are not satisfactory or where the Customer’s creditworthiness is, in the Contractor’s reasonable opinion, unsatisfactory.

18.5 In the event of non-payment, insolvency, liquidation, administration, receivership, bankruptcy, death, incapacity, or any similar circumstance affecting the Customer, all sums due to the Contractor, whether invoiced or not, shall become immediately due and payable. The Contractor shall also be entitled, without prejudice to any other rights or remedies, to suspend or cancel any contract, and to suspend or remove labour, plant, scaffolding, or materials from site.

18.6 Title to any unfixed materials supplied by the Contractor shall remain vested in the Contractor until full and final payment of all sums due under the Contract has been received.

18.7 Due to mobilisation and procurement costs, the Contractor requires payment of the value of initial materials delivery (plus VAT) prior to or upon commencement of the Works. Thereafter, interim invoices shall be issued monthly or at appropriate stages of the Works.

9. Overlaying

19.1 The Contractor shall not be liable for any damage, loss, or contamination to internal equipment, stock, materials, or property caused by water ingress through existing drainage systems, internal outlets, or pre-existing defects in the building structure.

19.2 The Customer acknowledges that, during overlaying works or works carried out over existing roof coverings or cladding, the existing roof system remains in situ and may contain inherent defects, weaknesses, or drainage limitations which are outside the Contractor’s control.

19.3 The Contractor’s warranty applies solely to the installation of the new roofing or wall cladding system and does not extend to the performance, condition, or adequacy of any existing structure, substrate, or drainage system unless expressly agreed in writing.

19.4 The Contractor shall use reasonable care and skill in the execution of the overlaying Works; however, the Customer accepts that the risk of water ingress arising from pre-existing defects or drainage failure remains with the Customer.

20. Cancellation

20.1 Cancellation of all or any part of an order or Contract shall only be effective if expressly agreed in writing by the Contractor, and shall be at the Contractor’s sole discretion.

20.2 Where cancellation is accepted, the Customer shall be liable to pay the Contractor for all work carried out up to the date of cancellation, together with all costs, expenses, liabilities, and commitments reasonably incurred by the Contractor in connection with the order, including (without limitation) materials ordered, labour engaged, mobilisation costs, and any subcontractor commitments.

20.3 The Contractor shall also be entitled to recover any loss of profit or overhead contribution reasonably attributable to the cancelled Works, where such cancellation prevents completion of the Contract as originally agreed.

20.4 Any materials specifically ordered for the Contract which cannot be returned to suppliers or reused elsewhere shall remain payable in full by the Customer.

21. Interest on Overdue Accounts

21.1 The Contractor reserves the right to charge interest on any overdue sums not paid by the due date.

21.2 Interest shall accrue at a rate of two and a half per cent (2.5%) per calendar month (or part thereof) on the outstanding balance from the due date until payment is received in full.

21.3 Such interest shall accrue on a daily basis and shall be payable in addition to, and without prejudice to, any other rights or remedies available to the Contractor under this Contract or at law.

21.4 The Contractor also reserves the right to recover all reasonable costs incurred in the collection of overdue amounts, including administrative costs, debt recovery fees, and legal expenses.

22. CDM Regulations

22.1 The Contractor shall comply with its statutory duties under the Construction (Design and Management) Regulations 2015 (CDM Regulations) insofar as they apply to the Contractor’s role within the Works.

22.2 Where required by law, the Contractor shall provide such information, documentation, and cooperation as is reasonably necessary in relation to health and safety, design, construction, and management of the Works, including any information required for the preparation of the Health and Safety File.

22.3 The Contractor’s obligations under this Clause are limited to information within its control and relevant to its scope of Works. The Contractor shall not be responsible for the preparation, coordination, or overall management of CDM documentation unless expressly agreed in writing.

22.4 The Principal Designer, Principal Contractor (where applicable), and other duty holders appointed under the CDM Regulations shall remain responsible for their respective statutory duties.