Terms & Conditions
These Terms will apply to any contract between us for the sale of Goods to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Goods from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Goods from our site.
We amend these Terms from time to time as set out in clause 18.4. Every time you wish to order Goods please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between use, are only in the English language.
1. Information about us
1.1 www.burtonroofing.co.uk is a site operated by Burton Roofing Merchants Limited (we/us/our). We are registered in England and Wales under company number 1713728 and have our registered office at Burton Roofing Merchants Limited, Chapman Street, Cleveland Street, Hull, HU8 8AE. Our main trading address is Burton Roofing Merchants Limited, Chapman Street, Cleveland Street, Hull, HU8 8AE. Our VAT number is GB 390 4686 27.
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at email@example.com or contact our customer services team by telephone on 01904 606206 or by post to Ecommerce Office, Millfield Lane Industrial Estate, Poppleton, York, YO26 6PB. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 01904 606206 or by e-mailing us at firstname.lastname@example.org
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3 Contacting us if you are a business. You may contact us by telephoning our customer service team at 01904 606206 or by e-mailing us at email@example.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 14.
2. Service availability
Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside the United Kingdom. If you are based outside of the United Kingdom, please do contact us and we will try our best to accommodate you.
3. Personal information
4. Our Goods
4.1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.
4.2 The packaging of the Goods may vary from that shown on images on our site.
5. If you are a Consumer
This clause 5 only applies if you are a consumer
5.1 If you are a consumer, you may only purchase Goods from our site if you are at least 18 years old.
5.2 Certain Goods on our site can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these Goods to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Goods through our site.
6. If you are a Business Customer
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Goods.
6.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. How the contract is formed between you and us.
7.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. We will then send a separate confirmation once an order number has been generated for you (Order Acknowledgment). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods. All orders are subject to acceptance by us.
7.2 The Contract between us will only be formed when your chosen Branch has contacted you either by e-mail or telephone and has agreed with you that it will fulfil your order and agreed delivery arrangement and subject always to 9.1.
7.3 The Contract will relate only to those Goods for which we have generated an order number, confirmed in the Order Acknowledgment. We will not be obliged to supply any other Goods which may have been part of your order until the despatch of such Goods has been confirmed by your chosen Branch.
7.4 Occasionally, we may not be able to supply you with some or any of the Goods ordered by you, for example because it is out of stock or because of an error in the price on our site as referred to at 10.6. Your chosen Branch will contact you in such an event, and we may at our sole discretion:
7.4.1 order the Goods in to your chosen Branch or another Branch within the network, which may cause a delay in delivery to you, such delay will be deemed to be accepted by you; or
7.4.2 offer suitable alternative stock, either at the same price or at a different price, with such difference in price to be dealt with in accordance with 10.6; or
7.4.3 cancel your order and process a refund to you for the price you paid for the Goods within 30 days of the day we notify you that your order has been cancelled by us.
7.5 If you do not wish to continue with your order in accordance with 7.4, we will process a refund to you for the price you paid for the Goods only, within 30 days of the day you notify us that you wish to cancel your order and no Contract shall come into existence.
8. Consumer Rights of Return, Cancellation and Refund
This clause 8 only applies if you are a consumer.
8.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 8.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep the Goods, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 Your legal right to cancel a Contract starts from the date the Branch contacts you in accordance with clause 8.2 (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
Your Contract is for a single product (which is not delivered in installments on separate days)
The end date is the end of 14 days after the day on which you receive the Goods.
Example: if the Branch contacts you on 1 January and you receive the Goods on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
The end date is 14 days after the day on which you receive the last installment of the Goods or the last of the separate Goods ordered.
Example: if the Branch contacts you on 1 January and you receive the first installment of your Goods or the first of your separate Goods on 10 January and the last installment or last separate Goods on 15 January you may cancel in respect of all installments and any or all of the separate Goods at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of a product over a set period
The end date is 14 days after the day on which you receive the first delivery of the Goods.
Example: if the Branch contact you on 1 January in respect of Goods to be delivered at regular intervals over a year and you receive the first delivery of your Goods on 10 January, you may cancel at any time between 1 January and the ends of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Goods to arrive during the year.
8.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at firstname.lastname@example.org or contact our Customer Services team by telephone on 01904 606206 or by post to Ecommerce Office, Millfield Lane Industrial Estate, Poppleton, York, YO26 6PB. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
8.3 If you cancel your Contract we will:
8.3.1 refund you the price you paid for the Goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
0.0.1. refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Goods within 3-5 days at one cost but you choose to have the Goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
0.0.2. make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(a) if you have received the Goods and we have not offered to collect it from you: 14 days after the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. For information about how to return Goods to us, see clause 8.6;
(b) if you have not received the Goods or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
0.1. If you have returned the Goods to us under this clause 8 because they are faulty or mis-described, we will refund the price of the Goods in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
0.2. We will refund you on the credit card or debit card used by you to pay.
0.3. If Goods have been delivered to you before you decide to cancel your Contract:
0.3.1. then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back, return it to your local Branch or hand it to our authorised carrier. We will collect the Goods from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
0.3.2. unless the Goods are faulty or not as described (in this case, see clause 8.4), you will be responsible for the cost of returning the Goods to us. If the Goods are of a type which cannot be returned by post, we estimate that if you use the carrier which delivered the Goods to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Goods from you, we will charge you the direct cost to us of collection.
0.4. Because you are a consumer, we are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9. Availability and delivery
9.1 Your order is not confirmed until a Branch has contacted you to confirm that your order can be fulfilled and agreed with you whether the Goods will be delivered to you or collected by you. At this point a Contract between us will be formed.
9.2 Receipt of an Order Acknowledgment by you does not constitute a guarantee or promise on our part that the Goods ordered are available. If the Goods ordered are not available, a Branch will contact you in accordance with 7.4.
9.3 If you choose to collect the goods from your Branch, you must take the Order Acknowledgment with you as proof of payment. The Branch is under no obligation to release the Goods to you if you do not have your Order Acknowledgment or if you are unable to provide the credit or debit card that was used in connection with the Order.
10. Price and payment
10.1 The price of the Goods will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of our Goods are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of the Goods you ordered, please see clause 10.6 for what happens in this event.
10.2 Our prices are displayed both inclusive and exclusive of VAT. You will always be charged the price of Goods including VAT. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
10.3 Our prices do not include the price of delivery in accordance with clause.
10.4 Prices for our Goods may change from time to time, but changes will not affect any order which we have confirmed with an Order Acknowledgment.
10.5 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Acknowledgment.
10.6 Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that:
10.6.1 Where a Good's correct price is less than our stated price, we will charge the lower amount when despatching the Goods to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price;
10.6.2 If a Good's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before despatching the Goods, or reject your order and notify you of such rejection.
10.7 Payment for all Goods must be by credit or debit card. We accept payment with Visa, Visa Debit, Visa Delta, Mastercard, Mastercard Debit and Maestro cards.
10.8 Payment for the Goods and all applicable delivery charges is in advance. However a Contract shall only come into existence in accordance with 7.2.
11. Warranty for the Goods
11.1 For Goods which do not have a manufacturer’s guarantee, we provide a warranty that on delivery the Goods will be of satisfactory quality and reasonably fit for all the purposes for which the Goods of the kind are commonly supplied. However, this warranty does not apply in the circumstances described in clause 11.2.
11.2 The warranty in clause 11.1 does not apply to any defect in the Goods arising from:
11.2.1 fair wear and tear;
11.2.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
11.2.3 if you fail to operate or use the Goods in accordance with the user instructions; or
11.2.4 any alteration or repair by you or a third party who is not one of our authorised repairers.
11.3 As a consumer, this warranty is in addition to your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
12. Our liability to you as a Consumer
This clause 12 only applies if you are a consumer.
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
12.2 We only supply the Goods for domestic and private use. You agree not to use the goods for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for:
12.3.1 death or personal injury caused by our negligence;
12.3.2 fraud or fraudulent misrepresentation;
12.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
12.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
12.3.5 defective products under the Consumer Protection Act 1987.
13. Our liability if you are a business
This clause 13 only applies if you are a business customer.
13.1 We only supply the Goods for internal use by your business, and you agree not to use the Goods for any resale purposes.
13.2 Nothing in these Terms limits or excludes our liability for:
13.2.1 death or personal injury caused by our negligence;
13.2.2 fraud or fraudulent misrepresentation;
13.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
0.0.1. defective products under the Consumer Protection Act 1987.
13.3 Subject to clause 13.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
0.0.1. any loss of profits, sales, business, or revenue;
0.0.2. loss or corruption of data, information or software;
0.0.3. loss of business opportunity;
0.0.4. loss of anticipated savings;
0.0.5. loss of goodwill; or
0.0.6. any indirect or consequential loss.
0.1. Subject to 13.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 90% of our insurance cover.
0.2. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
13.1 All notices given by you to us must be given to the Branch who fulfilled your order, details of which can be found in your Order Acknowledgment. In the event that your communication with the Branch is unsuccessful for any reason, you can contact us by writing to Burton Roofing Merchants Limited, Chapman Street, Cleveland Street, Hull, HU8 8AE. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 1.2 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13.2 When we refer, in these Terms, to “in writing”, this will include e-mail.
15. Transfer of rights and obligations
15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
15.2 You may only transfer your rights or your obligation under these Terms to another person if we agree in writing.
16. Events outside our control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control (as defined in clause 16.2).
16.2 An Event Outside Our Control means any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1 Strikes, lock-outs or other industrial action by third parties.
16.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
16.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
16.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.2.5 Impossibility of the use of public or private telecommunications networks.
16.3 If an Event Outside our Control takes place that affects our performance under any Contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Events Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Events Outside Our Control.
0.1. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
17. Complaints Procedure
We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please inform your chosen Branch using the contact details contained in your Order Acknowledgment. In the event that the Branch is unable to provide a satisfactory resolution, please escalate your complaint to us at Burton Roofing Merchants Limited, Chapman Street, Cleveland Street, Hull, HU8 8AE or by calling 01904 606206. We aim to always be able to deal with a complaint as soon as possible and make every effort to reach a satisfactory conclusion on your behalf in order to retain your valued custom.
18. Other important terms
18.1 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
18.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.4 We may revise these Terms from time to time in the following circumstances:
18.4.1 changes in how we accept payments from you;
18.4.2 changes in market conditions affecting our business;
18.4.3 changes in technology;
18.4.4 changes in relevant laws and regulatory requirements; and
18.4.5 changes in our system’s capability.
18.5 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Goods or just the Goods you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
18.6 These Terms are governed by English law. This means a Contract for the purchase of Goods through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
BURTON ROOFING MERCHANTS LIMITED
The customer’s attention is drawn in particular to the provisions of clause 9.
Definitions. In these Conditions, the following definitions apply:
a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
the terms and conditions set out in this document as amended from time to time in accordance with clause 11.6
the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
the person or firm who purchases the Goods from the Supplier.
Force Majeure Event
has the meaning given in clause 10.
the goods (or any part of them) set out in the Order.
the Customer’s order for the Goods, as set out in the Customer’s purchase order form, the Customer’s written acceptance of the Supplier’s quotation, or overleaf, as the case may be.
Burton Roofing Merchants Limited (registered in England and Wales with company number 1713728).
Construction. In these Conditions, the following rules apply:
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
A reference to a party includes its personal representatives, successors or permitted assigns.
A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
A reference to writing or written includes faxes and e-mails.
Basis of contract
These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order are complete and accurate.
The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, at which point the Contract shall come into existence.
The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.
Any samples, drawings, descriptive matter, or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier’s catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.
A quotation for the Goods given by the Supplier shall not constitute an offer. All quotations are subject to withdrawal and alternation without notice.
The Goods are described in the Supplier’s catalogue.
The Supplier reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements.
The Supplier shall ensure that:
each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
if the Supplier requires the Customer to return any packaging materials to the Supplier, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. Returns of packaging materials shall be at the Supplier’s expense.
The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are ready. Delivery by road can only be effective as near as possible to site on a good, hard, accessible road. The unloading of the Goods is the responsibility of the Customer.
Delivery of the Goods shall be completed on the Goods’ arrival at the Delivery Location.
Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
The Supplier warrants that on delivery the Goods shall:
conform in all material respects with their description;
be free from material defects in design, material and workmanship; and
be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
be fit for any purpose held out by the Supplier.
Subject to clause 5.3, if:
the Customer gives notice in writing to the Supplier within 72 hours from delivery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
the Supplier is given a reasonable opportunity of examining such Goods; and
the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier’s place of business at the Customer’s cost,
the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
The Supplier shall not be liable for Goods’ failure to comply with the warranty set out in clause 5.1 in any of the following events:
the Customer makes any further use of such Goods after giving notice in accordance with clause 5.2;
the defect arises because the Customer failed to follow the Supplier’s oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
the Customer alters or repairs such Goods without the written consent of the Supplier;
the defect arises as a result of fair wear and tear, wilful damage,
negligence, or abnormal storage or working conditions; or
the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
Except as provided in this clause 5, the Supplier shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 5.1.
The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.
Title and risk
The risk in the Goods shall pass to the Customer on completion of delivery.
Title to the Goods shall not pass to the Customer until the earlier of:
the Supplier receives payment in full (in cash or cleared funds) for the Goods and any other goods that the Supplier has supplied to the Customer in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sums; and
the Customer resells the Goods, in which case title to the Goods shall pass to the Customer at the time specified in clause 6.4.
Until title to the Goods has passed to the Customer, the Customer shall:
store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier’s property;
not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
notify the Supplier immediately if it becomes subject to any of the events listed in clause 8.2; and
give the Supplier such information relating to the Goods as the Supplier may require from time to time.
Subject to clause 6.5, the Customer may resell or use the Goods in the ordinary course of its business (but not otherwise) before the Supplier receives payment for the Goods. However, if the Customer resells the Goods before that time:
it does so as principal and not as the Supplier’s agent; and
title to the Goods shall pass from the Supplier to the Customer immediately before the time at which resale by the Customer occurs.
If before title to the Goods passes to the Customer the Customer becomes subject to any of the events listed in clause 8.2, then, without limiting any other right or remedy the Supplier may have:
the Customer’s right to resell the Goods or use them in the ordinary course of its business ceases immediately; and
the Supplier may at any time:
require the Customer to deliver up all Goods in its possession which have not been resold, or irrevocably incorporated into another product; and
if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.
Price and payment
The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in the Supplier’s published price list in force as at the date of delivery.
The Supplier may, by giving notice to the Customer at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
any factor beyond the Supplier’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or
any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.
The price of the Goods is exclusive of the costs and charges of packaging, insurance and transport of the Goods, which shall be invoiced to the Customer.
The price of the Goods is exclusive of amounts in respect of value added tax (VAT). The Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Goods.
The Supplier may invoice the Customer for the Goods on or at any time after the completion of delivery.
The Customer shall pay the invoice in full and in cleared funds on or before the 30th of the month following the month the invoice is dated. Payment shall be made to the bank account nominated in writing by the Supplier. Time of payment is of the essence.
If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 8% per annum above Bank of England's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Supplier may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
Termination and suspension
If the Customer becomes subject to any of the events listed in clause 8.2, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer.
For the purposes of clause 8.1, the relevant events are:
the Customer suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;
the Customer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where the Customer is a company) where these events take place for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;
(being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Customer, other than for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;
(being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Customer;
(being a company) the holder of a qualifying floating charge over the Customer’s assets has become entitled to appoint or has appointed an administrative receiver;
a person becomes entitled to appoint a receiver over the Customer’s assets or a receiver is appointed over the Customer’s assets;
(being an individual) the Customer is the subject of a bankruptcy petition or order;
a creditor or encumbrancer of the Customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
any event occurs, or proceeding is taken, with respect to the Customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 8.2.1 to clause 8.2.6 (inclusive);
the Customer suspends, threatens to suspends, ceases or threatens to cease to carry on all or a substantial part of its business;
the Customer’s financial position deteriorates to such an extent that in the Supplier’s opinion the Customer’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; and
(being an individual) the Customer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.
Without limiting its other rights or remedies, the Supplier may suspend provision of the Goods under the Contract or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in clause 8.2.1 to clause 8.2.12, or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.
On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest.
Termination of the Contract, however arising, shall not affect any of the parties’ rights, remedies, obligations and liabilities that have accrued as at termination.
Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
Limitation of liability
Nothing in these Conditions shall limit or exclude the Supplier’s liability for:
death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979;
defective products under the Consumer Protection Act 1987; or
any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
Subject to clause 9.1:
the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
the Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 90% of the Supplier's insurance cover.
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
Assignment and other dealings.
The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
The Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Supplier.
Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or e-mail.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 11.2.1; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
If any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
Waiver. A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Third party rights. A person who is not a party to the Contract shall not have any rights to enforce its terms.
Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by the Supplier.
Governing law. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
Competition Terms & Conditions
The promoter is: Burton Roofing Merchants Ltd (company no 1713728) whose registered office is at
Chapman Street, Cleveland Street, Hull, HU8 8AE.
2.The competition is open to residents of the United Kingdom aged 18 years or over except employees of Burton Roofing Merchants Ltd and their close relatives and anyone otherwise connected with the organisation or judging of the competition.
3.There is no entry fee and no purchase necessary to enter this competition.
4.By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
5.Route to entry for the competition and details of how to enter are via:
- Burton Roofing Merchants Newsletter - https://www.burtonroofing.co.uk/newsletter-sign-up/
6.Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.
7.Closing date for entry will be as stated on the competition promotion. After this date the no further entries to the competition will be permitted.
8.No responsibility can be accepted for entries not received for whatever reason.
9.The rules of the competition and how to enter are as follows:
- Either Follow, Like or subscribe to our Facebook, Twitter or Newsletter
- Reply to the stated competition question via the stated mediums.
10. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
11. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
12. The prize is as follows:
The prize is as stated and no cash or other alternatives will be offered.The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
13. Winners will be chosen: by a Burton Roofing appointed official
14. The winner will be notified by email/Phone/ or on Twitter/Facebook and/or letter within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
15. The promoter will notify the winner when and where the prize can be collected.
16. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
17. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
18. The competition and these terms and conditions will be governed by UK law and any disputes will be subject to the exclusive jurisdiction of the courts of UK.
19. The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
20. The winner’s name will be available 28 days after closing date by emailing the following address: email@example.com
21. Entry into the competition will be deemed as acceptance of these terms and conditions.
23. Burton Roofing Merchants Ltd decision as to those able to take part and selection of winners is final. No correspondence relating to the competition will be entered into.
24. Burton Roofing Merchants Ltd shall have the right, at its sole discretion and at any time, to change or modify these terms and conditions, such change shall be effective immediately upon posting to this webpage.
25. Burton Roofing Merchants Ltd also reserves the right to cancel the competition if circumstances arise outside of its control.