0191 489 5555 Unit 38E, Bede Industrial Estate, Jarrow, NE32 3HG

Terms & Conditions

 

 

Terms & Conditions

PURCHASE AGREEMENT TERMS & CONDITIONS
These terms and conditions explain your rights and responsibilities and also ours. Throughout, the word
‘’you’’ means the customer and ‘’we’’ means Trustmark Roofing and Building Ltd.

1. Installation: We will deliver the goods referred to overleaf and carry out the work as specified on this and
on any related continuation sheets. Trustmark Roofing and Building’s policy is one of continuous
improvement of its products, we therefore reserve the right to incorporate modifications of minor or
technical nature in the products to be installed.

2. Payment: You have paid the deposit shown overleaf (minimum 20% deposit required, upto 50% on
contracts valued £20,000 or more). Where you have not signed a credit agreement you agree to pay the
balance of the purchase price on completion of the installation in one of the following ways:
(i) Bank draft or building society cheque payable to Trustmark Roofing and Building Ltd
(ii) Debit card
(iii) Personal Cheque payable to Trustmark Roofing and building Ltd
(iv) Visa or MasterCard credit card. Where payment of the balance of the purchase is made by credit card
a surcharge of 3% of the amount paid will be added.
(v) For cash orders greater than £20000, 50% of the balance outstanding is payable when the products
are available for installation and the remaining balance is paid:
– For the elements of installation that have been completed on the Friday of the week of installation.
– Where installation is complete, all unpaid balances are payable on completion.
Any sum outstanding following installation will be subject to a late payment charge of 5% of the
agreement value for the first month or part thereof, and thereafter to interest at the rate of 2.5% above
the base lending rate for the time being fixed by Lloyds Bank PLC.

3. Access: You agree to provide reasonable access to enable installation to be completed as soon as possible
after you have been advised that the goods are ready and you have reached the top of our fitting queue.
The customer is reminded that Trustmark Roofing and Building Ltd require access to power 240v and
water throughout the course of installation. If this cannot be met, please ensure a member of the
installations department are made aware to make alternative arrangements before installation.
Installation will then be made on a mutually convenient date and the balance of the contract price will
then become due. If you have not permitted installation within 6 months of such advice then we reserve
the right to cancel the contract but you will still be responsible for the appropriate purchase price.

4. Delivery Time: The installation target date quoted overleaf is that anticipated at the date of this
agreement. This is an estimate and not a term of the agreement.
Trustmark Roofing and Building limited cannot be held responsible for delay due to poor weather
conditions and it is to be understood by you the customer that weather conditions are a significant
influencing factor to completing these works effectively and safely. It is understood that the customer
accepts this in full and will be patient and understanding should a ‘re-book’ of an installation date be
necessary.

5. Health and Safety: Health and safety risk assessments will be conducted by Trustmark Roofing and
Building Ltd. Prior to the commencement of any works.
It is understood by the customer that Trustmark Roofing and Building Ltd take safety very seriously and as
a consequence require the customer to help keep risks and accidents to a minimum. This means
providing clear access for men and materials, limiting traffic of pedestrians and visitors around a working
area and prohibiting all small children and pets from entering the working area. A working area is defined
as any area scaffolding, or ladders may be present, and/or directly around that area to the radius of 10 –
15 metres. This area should be acknowledged as being a ‘no – go’ area by the customer, visitors and
guests throughout the installation.
Our workers are trained in HSE (Health and Safety Executive) practices and will be wearing appropriate
PPE (Personal Protective Equipment). It is understood by you the customer that without such training and
equipment you are at high risk of danger if you enter a working area.
No customer is permitted to climb on ladders or scaffolding without written consent and supervision of
Mr Christopher John Dodds of Trustmark Roofing and Building Ltd
6. Guarantees: The guarantees are given in addition to all your rights under Common Law and Statue.
The guarantees are effective provided payment has been made for this contract in full.

1. We guarantee to repair or, where it is reasonable to do so, replace free of charge any Trustmark
Roofing and Building Ltd item which develops a fault due to defective materials or constructions
provided written notice is given within the relevant guarantee period from the date of installation
except as stated below.
The following items are subject to the guarantee periods indicated. All guarantee periods run from
the date of installation and written notice must be given within that period:
White soffits, bargeboards, cladding and fascias – Guarantee period is 10 YEARS
White drainpipes and guttering – the guarantee period is 10 YEARS
Gutter Guard is guaranteed against defects or deterioration causing gutters to overflow for a period
of 3 YEARS.
Ancillary goods supplied and fitted by Trustmark Roofing and Building Limited but which are not
manufactured by Trustmark Roofing and Building Limited, such as mechanical or electrical systems,
Velux windows, UPVC windows, doors and conservatories – only the guarantee provided by the
supplier will apply.

2. Trustmark Roofing and Building Limited policy is one of continuous improvements of its products. It
may therefore be necessary to incorporate such modification into any replacement products.

3. Where we have undertaken building work as part of the contracted customer agreement, such
building work will be subject to guarantee ten years.

4. The guarantees do not cover the following and we can accept no liability for:
a. Minor imperfections in glass within visual standards laid down by the Glass and Glazing
Federation;
b. The prevention or reduction of condensation;
c. Damage or faults resulting from subsidence due to soil shrinkage or underground workings or
damaged caused by the failure of foundations or structure where these have not been
constructed by Trustmark Roofing and Building Limited;
d. Minor defects to plaster work or brick work due to settlement;
e. Damage or faults resulting from normal wear and tear (which includes discolouration or frost
damage to brick work or driveways, roof tiles and slates) or the customers failure to comply with
Trustmark Roofing and Building Limited cleaning and maintenance instructions or to accident,
misuse or neglect;
f. In the case of flat roofs, natural colour changes caused by exposure to light and nail pop;
g. Damage or faults resulting from landslide, subsidence, flooding or drought and storm damage.
(These would constitute a genuine insurance claim on the customers home buildings insurance
policy.)

5. We offer a 10 year guarantee for Firestone and Classic Bond EPDM for all workmanship conducted by
Trustmark Roofing and Building Limited. (The ‘Product’ Guarantee from the product manufacturer is
20 years from the date the product is installed)
All guarantees relate to the installation address detailed in this agreement and may be transferred to
new home owners on payment of a reasonable administration fee.

6. We also offer a ten year guarantee on all multi-layer torch on felt flat roof systems against any fault
resulting in water ingress, so far as the fault is not associated with or results from misuse, tamper or
neglect.

7. All sand and cement works (repointing) and general repairs are covered by a standard 12 months
guarantee.

8. All dry ridge, dry verge and leadwork contracts are covered by a 10 year guarantee against any fault
resulting in water ingress, so long as the fault is not associated with or results from misuse, tamper or
neglect.

9. All new slate and pitched tiled re-roofs are covered by a 10 year guarantee subject to a Trustmark
Roofing and Building Limited maintenance contract with yearly inspections.

7. Surveyors report: one of Trustmark Roofing and Buildings trained surveyors will be assigned to survey
your contract. This surveyor will contact you as soon as is reasonably practicable after your contract is
confirmed to make a convenient appointment to carry out a site inspection. You will be offered an
appointment date that is within 4 weeks of the date that the contract is signed. He will start by checking
the full specification to ensure accuracy, feasibility and will check your personal requirements.
If the surveyor reports that there are problems relating, for example, to the structure (including the
presence of hazardous materials such as asbestos), dimensions or access to the property (including the
need to arrange scaffolding), then without obligation on your part, we may quote a price for the
additional work. If you decline to accept the revised quotation, then we may cancel the agreement by
sending you a written notice to that effect and your deposit will be returned.
Alternatively, if the surveyor reports that there are significant technical problems which make the
manufacturer or satisfactory installation of the items materially more difficult than initially anticipated,
then we reserve the right to cancel the agreement by sending you written notice to that effect and your
deposit will be returned except in the case of asbestos, where we shall be entitled to deduct reasonable
survey and analysis costs please note that where an existing concrete roof has deteriorated significantly
it may not be possible for us to satisfactorily replace or refurbish it. If our surveyor considers that this
problem exists, this will amount to a significant technical problem permitting us to cancel the agreement
as above. In the event that the contract is cancelled in accordance with this clause, then written reasons
will be provided to you but cancellation will be without further liability attaching to either party. The
surveyors decision will be final and will final both parties if he feels that it is more suited that an
alternative product/method is to be employed during these works.

8. Installation site:
1. The technical survey carried out by Trustmark Roofing and Building Limited is not a full structural
survey of your property and will only deal with items which are reasonably ascertainable from an
external examination of the installation site. The contract price is therefore calculated on the basis of
your property is structurally sound and there are no factors not reasonably ascertainable from an
external examination of the installation site (including the presence of hazardous materials such as
asbestos and the omission of lintels) which would make completion of the contract more difficult than
reasonably anticipated on such survey. If such factors are found to exist at any time after the
technical survey, then we reserve the right to charge an additional fee for carrying out the additional
work required.

2. If this agreement is for the installation of a new flat roof or new pitched tiled/slate re-roof, it is
entered into on the basis that:

a) The roof joists are in good condition; if on removing the existing roof it is apparent that they are not
in good condition then you agree that you will immediately arrange for remedial work to be carried
out at your own expense so that expense so as to put the joists in a condition which is suitable for the
fitting of the new flat roof or pitched tiled roof. We can accept no responsibility for undertaking such
work nor for any delay, loss or expense that may be caused thereby; and
b) We accept no responsibility for ‘’nail pop’’ (during the flat roofing works) i.e. minor damage to the
plaster ceiling immediately under new decking boards which is caused by the nails used to fix the
boards to the joists. We will fit decking boards with all due care but depending upon the condition of
the ceiling some minor marks may be unavoidable.
If you are in any doubt as to the condition of your property you are advised to consider obtaining your
own survey report.

9. Removal of existing slates and tiles: Existing slates and tiles which are necessary to remove, will be
cleared from site unless you have asked our surveyor to arrange for them to be left and this is noted on
the form that you will be asked to sign at the time of technical survey. We do not guarantee that we can
remove them so that they can be used elsewhere but our installers will attempt to do so if the surveyor is
asked when he calls to prepare the technical specification.

10. Additional work: Unless otherwise stated on the face of this agreement you will be responsible for the
removal and replacement (and alteration if required) of the repositioning of the telephone or burglar
alarm fittings, wires and any other electoral connections or aerials or gas installations to enable the goods
to be installed. We also must remind customers that the following chimney stack works, a Gas Safe
®registered contractor must be employed separately and immediately to carry out a gas safety check at
the separate expense of the customer. No fires, boilers or heating systems (associated with the chimney
stack) must be used until this safety check has been carried out.

11. Planning Consents: Trustmark Roofing and Building Limited personnel are not able to advice on whether
any consents are necessary. It shall be entirely your responsibility to identify the need for any necessary
planning permissions, building regulation consents, building warrants or other similar consents or
approvals and to obtain those which we have not agreed in writing to apply for on your behalf such
document identifying specifically the consents for which we have agreed to apply. We shall not be
obliged to perform this agreement until we have received confirmation satisfactory to us that all such
consents and approvals have been obtained.
If at your request we agree to carry out any part of this agreement before all such consents and approvals
have been obtained, we shall do so entirely at your risk and responsibility in so far as concerns such
consents and approvals and you will be responsible for, and we will be able to claim from you, any costs
or losses we reasonably incur as a result of doing so. You will be and remain responsible for the payment
of all fees and charges incurred in connection with the obtaining of any such permission or consents,
whether or not successfully obtained.

12. Guttering and maintenance: Trustmark Roofing and Building Limited gutter systems are maintenance
free for the guarantee period. However gutters that are not fitted with Trustmark Roofing and Building
Limited Gutter Guard do require periodic clean out removing leaves and other natural debris. Such work
will be chargeable to the customer if this is the sole reason for a maintenance call. Full continuous
maintenance contracts can be undertaken by Trustmark Roofing and Building Limited upon request,
details of which will be provided upon completion.

13. Status Check: We reserve the right to make credit and other enquiries in respect of our customers before
installation takes place. If these enquiries reasonably lead us to believe that there is a significant risk of
payment not being made then we reserve the right to ask you to make payment of the full contract price
before materials are ordered and before any works are carried out. Should we request you to make such
payment then we will on request supply you with a copy of the information on which we have relied. If
you decline to make a payment, then we may cancel the contract. Your deposit will be returned in full but
we will have no further liability.

14. Data Protection and use of Personal Information: We will use your information to personalise our
communications with you and to inform you of Trustmark Roofing and Buildings products services and
offers we think may be of interest to you and we may pass your information to other carefully selected
associated companies who may provide you with information on their products and services. We may
contact you by post, email or telephone for these purposes, if you have provided this information. If you
do not wish your personal information to be used for either of the purposes described above please write
to ‘The Data Controller ‘Trustmark Roofing and Building Limited, Unit 38E, Lindisfarne Court, Bede
Industrial Estate, Jarrow, NE32 3HG. Please note that if you do not allow us to pass your information to
the guarantee bodies and product manufacturers such as Firestone or Classic bond Headquarters, they
will be unable to send you a certificate of compliance and you will have to obtain this yourself.
Where insurance backed guarantees are requested, your name and address will be passed to our
authorised insurance provider to enable them to write to you and offer the insurance cover.

15. General: You should ensure that any representation or promise made before or at the time you sign this
agreement that is not included on this document or any related continuation sheets is added in writing
on the face of the agreement and signed by you and by our Representative.

16. Remedials: Sometime brand new roofs, flat roofs and repairs contracts experience minor discrepancies
and/or adjustments in the first year after install. Often this can be flashings setting in or movements in
cement work or detailing. This is perfectly normal and any associated remedial or leak should be reported
quickly and dealt with accordingly. While the prospect of this happening is very low, it does still happen.
Our remedial teams shall be there to sort it free of charge normally within 72 hours (weather and busy
period permitting).

17. Wall Flashing: It is often the case that whilst wall fastening are fastened as deep as possible into a wall
chase or chimney, more often than not brickwork pointing is a major cause of subsequent leaks. A wall or
chimney flashing is only as good as the brickwork above it. Our surveyors may advise further
waterproofing and re pointing works to be carried out in the event of persistent leaks.

18. NOTICE OF THE RIGHT TO CANCEL

You have the right to cancel this contract if you so wish and this right can be exercised by sending
(including by electronic mail) or taking a written notice to Trustmark Roofing and Building Limited, Unit
38E, Lindisfarne Court, Bede Industrial Estate, Jarrow, NE32 3HG or, by emailing
sales@Trustmarkroofingandbuilding.co.uk within the period of fourteen days following the making of this
agreement.

This notice of cancellation is deemed to be served as soon as it is posted, send or emailed.
Please not you may be required to pay for the goods and services supplied if performance of the contract
has begun with your written consent before the end of the cancellation period.
You may use the cancellation form below if you wish. Date of agreement ……………………………….
Complete, detach and return this form (ONLY IF YOU WISH TO CANCEL THE CONTRACT)
To Trustmark Roofing and Building Limited, Unit 38E, Lindisfarne Court, Bede Industrial Estate, Jarrow,
NE32 3HG I/ we hereby give notice that I/We wish to cancel my/our contract (BLOCK CAPITALS).
Purchase agreement reference number …………………………
Name …………………………
Address …………………………
Signed …………………………
Date …………………………

18. Calculator

This is just a guide and for illustration purposes only. No figure from the website or calculator is contractual and every job is subject to survey by a member of Trustmark Roofing and Building limited. Prices are subject to change without any prior notification, before any contracts are signed and exchanged.