Swift Roof Estimating Services
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Terms and Conditions

Swift Roof Estimating Services Ltd  Company number 8009210 of Unit 15, Innovation
Centre, Watermark, Erme court, Leonards Road, Ivybridge, Devon PL21 0SZ.

Definitions

"An estimate is a calculation based upon the data provided by the customer/client and gives an approximation on how much something will cost."

All estimates will be calculated to the relevant roof tile recommended manufacturers specification, should Client's instruct Swift Roof Estimating Services Ltd to incorporate specific items or parameters to the job, the final result may or may not conform to the roof tile manufacturers recommended specifications.

1.            Estimates are compiled based on information provided by you. Such information has not been checked against site or building regulations. It is assumed for the purposes of estimating that plans supplied by you are accurate and passed by planning and building regulations and any/all statutory undertakings where relevant.

Notwithstanding any other provision contained in these Terms and Conditions, Estimates are compiled based on our interpretation of materials and other resources required. Where exact material and other resource prices are not readily available to us, we reserve the right to use such materials, in our absolute discretion, to provide as accurate an Estimate as is possible in the circumstances.

2.            Swift  Roof Estimating Services Ltd does not assume any liability for any loss as a result of any inaccuracy,  or any other error in the Estimate and other information supplied to you. Neither do they assume any liability for any changes as a result of site conditions whether specified at the time of instruction or otherwise, nor for any matters pertaining to the project beyond their control.

3.            The entire liability and your exclusive remedy shall be, at our discretion, the refund of the cost paid to SWIFT Roof Estimating Services Ltd of the Estimate provided through this service.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.            After placing an order and making payment, you will receive two e-mails from us, one acknowledging that we have received your order and the other confirming the payment. Please note that this does not mean that your order has been accepted.  Your order constitutes an offer to us to buy an Estimate. All orders remain subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the order has been accepted (Acceptance Confirmation) at the price paid by you.  The contract between us (Contract) will only be formed when we send you the Acceptance Confirmation (See clause 16 - 23 below).

CANCELLATION RIGHTS

5.            You may cancel a Contract of a particular estimate at any time within 24 hours of acceptance by us, after that time Swift Roof Estimating Services Ltd will have began processing the order.

In this event of cancellation during the required period, you will receive a full refund of the price for the Estimate.

6.            To cancel a Contract, you must inform us in writing by email, fax or post.

ESTIMATE PURCHASE

7.            As outlined above the acceptance of an order by us does not take place until payment is received by us and we have assessed your project and accepted your order, at which point the contract will be made. 

8.            We reserve the right to refuse an order in our absolute discretion, for any reason whatsoever.

9.            We will deliver the Estimate ordered to the address notified by you when the order is placed. Please allow up to three to Five (3-5) working days from the date of receipt by us for processing the estimate for delivery ("Delivery Date"). For the purposes of these terms and conditions, time shall not be of the essence.  You agree that we will not be responsible for failure to deliver the Estimate if it has been supplied with an incorrect address.  We reserve the right to dispose of incorrectly addressed envelopes and their contents without an obligation to refund you or any other person if they are returned to and, despite efforts to contact you; we do not receive correct address details.

For the avoidance of doubt, Estimates are only valid for one (1) month from the Delivery Date.

PRICE AND PAYMENT

10.          Payment can be made by any method specified on the Site. We will take all reasonable precautions to keep the details of your order and payment secure but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you. 

11.          If an order is to be delivered outside the European Union, it may attract import duty and local sales taxes which must be paid upon receipt of the Estimate ordered. 

12.          Please note that all credit card refunds will be issued in sterling. Your credit card company will convert the sterling amount into the relevant local currency and may charge an additional fee for completing the transaction. Client account payments will be as agreed in writing with each Client or Job.

13.              The standard price of Estimates is, based on the size of the project,  it will be as quoted on the Site from time to time, except in case of obvious error. However, these are subject to revision for "non-standard" projects; those that are complex in design and/or build or those in excess of 600 sq m. As set out at earlier the Contract will not be formed until  payment is taken and we have accepted your order.  Client account payments will be as agreed in writing with each Client or Job.

14.          The prices include web delivery costsbut exclude VAT.  

15.          Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Acceptance Confirmation.

16.          We are under no obligation to provide the Estimate to you at the incorrect (lower) price, even after we have sent you an Acceptance Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.

17.          Payment for all Estimates must be by credit or debit card and BACS  We accept payment with all debit and credit cards. Client accounts are paid as agreed with each Client.

DATA PROTECTION AND PRIVACY POLICY

18.          We take your privacy seriously. We are committed to safeguarding your privacy. Please refer to Swift Roof Estimating Services Ltd's Privacy Policy.

LIABILITY - GENERAL TERMS

19.          To the extent permitted by law Swift Roof Estimating Services Ltd, its agents or representatives shall have no liability whatsoever to you for any direct, indirect or consequential loss or special loss or damage, cost or expense suffered or incurred by you (whether arising in tort, contract or otherwise, and whether arising from the negligence, breach of contract, defamation, infringement of copyright or other intellectual rights) caused by use of the Site, including the purchase or use of any Estimate or services or from the negligence of its employees or agents or licensors, and whether asserted against Swift Roof Estimating Services Ltd, the Site or against any third party in relation to its use. 

20.          We do not make any representation or give any warranty, either express or implied: 

20.1.      in relation to any information, Estimate or services offered, accessed or obtained through our website; 

20.2.      in relation to warranties of title, non infringement of copyright or patent rights of others, merchantability, or fitness or suitability for any purpose; 

20.3.      for the content, accuracy, integrity, lawfulness or otherwise of information on our websites over which SWIFT Roof Estimating Services Ltd have no control; 

20.4.      as to the suitability of the information and data on the Site for any particular purpose;

20.5.      as to the accuracy of the description of any Estimate;

20.6.      that the information and data on the Site  is free of infection by computer virus or other contamination.

21.          We will not be liable to you for any delay in delivery or non-delivery of any Estimate in the circumstances as set out at clause 12 and in the following circumstances :

21.1.      where the issuer of  your payment card refused to authorise payment to us;

21.2.      or Client accounts are unpaid at the timedue.

21.3.      where such delay or failure is due to circumstances beyond our control or the control of its sub-contractors and agents.

22.          Our liability to you in the event of an Estimate being lost in despatch (including by e-mail) shall at its discretion, be limited either to replacement of the missing Estimate or refund of the cost. These Terms and Conditions do not and shall not affect your statutory rights as consumers.

23.          Swift Roof Estimating Services Ltd and its agents or representatives do not endorse or in any respect warrant any third party product by virtue of, information, material or content referred to.

TRADE MARKS AND INTELLECTUAL PROPERTY

24.          You may download the estimate electronically; print extracts and make copies of these for your business use only.

25.          All IPR rights to the estimate and the usage of the software "SwiftEst" is retained by Swift Roof Estimating Services ltd.

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

26.          We reserve the right to vary or amend these Terms and Conditions at any time without notice. You should review these Terms and Conditions regularly as you will be deemed to have accepted a variation in continuing to use the Site after it has been posted.

27.          You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will
apply to orders previously placed by you).

EVENTS OUTSIDE OUR CONTROL

28.          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 events outside our reasonable control (Force Majeure Event).  

29.          A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the
following:

•    Strikes, lock-outs or other industrial action.
•    Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
•    Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
•    Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
•    Impossibility of the use of public or private telecommunications networks.
•    The acts, decrees, legislation, regulations or restrictions of any government.

30.          Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event 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 Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

WAIVER

31.          If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

32.          A waiver by us of any default shall not constitute a waiver of any subsequent default.

33.          No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 36 above.

SEVERABILITY

34.          If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

35.          These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

36.          We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

37.          Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of
contract as provided in these Terms and Conditions.

MISCELLANEOUS

38.          For more information on Swift Roof Estimating Services Ltd's publications and events you are invited to go to www.swiftest.com.

39.          Swift Roof Estimating Services Ltd reserves the right to remove, alter, change or vary the Site or the format or content of the Estimates at any time. 

APPLICABLE LAW AND JURISDICTION

40.          These Terms and Conditions are governed by the Laws of England and shall be subject to the jurisdiction of the English courts. 

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