Terms of Business

We work to one of two sets of terms, depending on who we are contracting with. Your quotation states which applies.

Standard Terms of Business — for customers contracting with us as private individuals for work at their home. Current version: v1.2, 23 October 2026.

Commercial Terms of Business — for customers contracting with us as a business: builders, main contractors, developers, landlord companies and managing agents. Current version: v1.0, 26 October 2026

Both sets apply to contracts entered into on or after their version date. Work contracted under an earlier version stays on that version; copies are available on request.

These are the terms on which Benjamin James Roofing Limited quotes for and carries out work. They are supplied with every quotation and apply to contracts entered into on or after the version date shown below.

Commercial Terms of Business

These terms apply where Benjamin James Roofing Limited (“we”, “us”) quotes for and carries out work for a business customer — a builder, main contractor, developer, landlord company, managing agent or similar (“you”). If you are contracting as a private individual, our Standard Terms of Business apply instead. Your quotation states which terms apply, and these terms apply to contracts entered into on or after the version date shown below.

1 Quotation and contract

1.1 Quotations are valid and open for acceptance for 28 days from the quotation date, after which they may be subject to confirmation or adjustment.

1.2 A contract is formed when you accept our quotation in writing — by signing the Quotation Acceptance, by email, or by instructing us to start work. These terms apply to the exclusion of any terms you seek to impose or incorporate by purchase order, subcontract, order acknowledgement, course of dealing or otherwise. A variation to these terms binds us only if set out in writing and signed by one of our directors.

1.3 Prices are exclusive of VAT. Where the VAT domestic reverse charge for building and construction services applies, we will not charge VAT and you must account for it to HMRC. You must tell us in writing before we invoice if you are an end user or intermediary supplier for reverse-charge purposes.

1.4 The quotation covers the works described and the assumptions stated in it (drawings, survey or inspection relied on, access, scaffolding, programme). Work outside that scope is a variation under section 2.

2 Variations and unforeseen conditions

2.1 Variations must be instructed in writing. We will price a variation before proceeding wherever practicable; otherwise it is valued at rates consistent with the quotation.

2.2 If we find conditions that could not reasonably have been foreseen from the information available to us — including defective structure, decking or substrate, concealed services, or suspected asbestos-containing materials — we will stop the affected work, notify you and agree a variation before continuing. The time and cost consequences are a variation.

2.3 For non-domestic premises you are responsible under the Control of Asbestos Regulations 2012 for providing the asbestos register or a refurbishment and demolition survey for the areas we will work on before work starts. If none is provided we may decline or suspend the affected work.

3 Programme, site and materials

3.1 Start dates and durations are estimates given in good faith and time is not of the essence. We are not liable for delay caused by weather, access, late instructions or information, other trades, or events beyond our reasonable control; a reasonable extension of time and any costs we reasonably incur as a result will be agreed as a variation.

3.2 You will provide safe access, welfare facilities, a suitable electricity supply and water, a secure area for materials and plant, and any scaffolding the quotation states is to be provided by you, and will tell us of site rules, hazards and restrictions before we start.

3.3 Construction (Design and Management) Regulations 2015: you are the client, or will tell us in writing who is. Where more than one contractor works on the project you will appoint a principal designer and principal contractor and provide the pre-construction information and construction phase plan; we will comply with our duties as a contractor. Where we are the only contractor we will prepare the construction phase plan.

3.4 Materials delivered to site by us or to our order remain our property until paid for in full; risk in them passes to you on delivery to site. Unless otherwise agreed in writing, materials stripped in re-roofing works become our property. All waste is removed and disposed of at licensed facilities under our Environment Agency upper tier waste carrier registration (CBDU652967).

3.5 Samples submitted for approval show substance and general character only; equality of bulk in colour, size or shape cannot be guaranteed.

3.6 We may subcontract elements of the works under our supervision; we remain responsible for them.

4 Payment

4.1 Unless the quotation sets out a deposit or stage-payment schedule, we invoice on practical completion of the works. For works programmed over more than four weeks the quotation will set out a deposit and stage-payment schedule, each stage invoiced on the event stated; monthly applications for payment are available instead where you require them, if agreed in the quotation.

4.2 The due date for payment of each invoice is the date you receive it. The final date for payment is 7 days after the due date.

4.3 Our invoice is our payment notice under the Housing Grants, Construction and Regeneration Act 1996 (as amended), stating the sum we consider due and the basis on which it is calculated. If you intend to pay less than the sum notified you must give us a written pay-less notice no later than 2 days before the final date for payment, stating the sum you consider due and the basis on which it is calculated. If no valid pay-less notice is given, the sum notified is payable in full by the final date for payment.

4.4 No retention may be deducted unless expressly agreed in the quotation. Payment to us is not conditional on your receiving payment from any third party.

4.5 If any sum is not paid by the final date for payment we may charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 (currently 8% above the Bank of England base rate), and may suspend performance of any or all of our obligations on seven days’ written notice until payment is received. We are entitled to a reasonable extension of time and to the costs and expenses we reasonably incur as a result of suspension.

4.6 We may require a deposit, stage payments or satisfactory credit references before starting or continuing work, as stated in the quotation. Deposits are held against the contract sum. You may not withhold or set off any sum except by a valid pay-less notice under clause 4.3.

5 Guarantees and defects

5.1 The workmanship guarantee applying to the works, and any insurance-backed guarantee offered at cost, are stated in the quotation and confirmed in the guarantee document(s) issued on completion, which set out the full terms. Manufacturer product guarantees are passed to you on registration. The guarantee takes effect on payment in full.

5.2 You must notify us in writing of any defect within the guarantee period and allow us a reasonable opportunity to inspect and make good before engaging others; we are not liable for the cost of remedial work carried out by others without that opportunity. The guarantee does not cover damage caused by other trades, subsequent alterations, lack of maintenance, storm, impact or structural movement, or failures of materials covered by a manufacturer’s guarantee (which we will manage with the manufacturer on your behalf; refit labour on a non-workmanship failure is chargeable at a reasonable cost agreed in writing).

6 Insurance and liability

6.1 We maintain public liability insurance of £5 million and employer’s liability insurance; certificates are available on request.

6.2 Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for anything that cannot lawfully be limited or excluded.

6.3 Subject to clause 6.2, we are not liable for loss of profit, loss of business, business interruption or any indirect or consequential loss, and our total liability under or in connection with the contract, whether in contract, tort or otherwise, is limited to the price payable under the contract.

6.4 We will take reasonable care when working on the property. We are not liable for damage to ceilings, walls, gutters or the building fabric resulting from pre-existing defects in those items, or from vibration that cannot reasonably be avoided in carrying out the work, provided we have exercised reasonable care and, where practicable, drawn concerns to your attention.

6.5 Where we select or recommend a roofing system or material, we do so with reasonable skill and care against the information you give us; we give no warranty that the works are fit for a purpose you have not told us about in writing.

7 Termination

7.1 Either party may terminate the contract by written notice if the other commits a material breach and fails to remedy it within 14 days of written notice, or becomes insolvent or subject to an insolvency procedure.

7.2 If the contract is terminated for your breach or insolvency, or you cancel or suspend the works other than for our breach, you will pay for work carried out to the date of termination, materials ordered or delivered for the works, and the costs we reasonably incur in demobilising.

8 Disputes

8.1 Either party may at any time refer a dispute arising under the contract to adjudication under the Scheme for Construction Contracts (England and Wales) Regulations 1998 (as amended). The adjudicator nominating body is the Royal Institution of Chartered Surveyors (RICS).

8.2 Without prejudice to clause 8.1, the parties will first try to resolve any dispute by discussion between a director of each within 14 days of either party raising it in writing. Our complaints procedure at benjaminjamesroofing.co.uk/complaints applies to business customers to that extent; the NFRC mediation and Dispute Resolution Ombudsman routes are available only to customers contracting as private individuals.

8.3 The contract is governed by the law of England and Wales and the courts of England and Wales have jurisdiction.

9 General

9.1 The quotation, these terms and any variations agreed in writing form the whole agreement between us and supersede any prior discussions or representations.

9.2 Neither party may assign the contract without the other’s written consent, not to be unreasonably withheld.

9.3 Our privacy notice is at benjaminjamesroofing.co.uk/privacy-policy.

9.4 Work contracted under an earlier version of these terms remains governed by that version; copies of earlier versions are available on request.

Version 1.0 — 26 October 2026