Terms of Business
Quality Gutters – Terms of Business for Services to Consumers These terms of
business apply to Services provided by Quality Gutters Ltd, UK registered company No 07981880, with
registered offices at 9 Kiln House, Fosters Place, East Grinstead, RH19 1EX (hereinafter Quality Gutters, We,
Us) and come into effect on the Effective Date and continue until the completion of the Services and payment
done in full by the Consumer.
1. Definitions
Effective Date Means the date on which this Agreement comes into force, being the date of the Quality Gutters
written confirmation of appointment to carry out the Services Customer/Client Means the person (as a
consumer or a business) entering into this Agreement as the recipient of the Services or on behalf of the
recipient of the Services (hereinafter Customer, You, Your)
The Service(s) Means the gutter cleaning, clearing, monitoring, painting, repairing, reporting and associated
activities provided by Quality Gutters at the nominated premises of the Customer
Service Date The date arranged with the Customer for Quality Gutter to perform the Services
Technician Means the person(s) appointed by Quality Gutters to deliver the Services
Service Fee/Cost The charge made by Quality Gutters for provision of the Services
2. The Base Service
Quality Gutters provides a service (the Service) to consumers at domestic premises and businesses at business
premises. The service will include clearing, cleaning, repairing of gutters and roof elements and reporting on
observations regarding the general serviceability of gutter systems or roof as agreed when setting the
appointment.
3. Booking the Service
3.1 Bookings are made by email at office@qualitygutters.co.uk, or by telephone to
the Quality Gutters Customer Service line on 0800 4480 584. 3.2 Quality Gutters will provide the Customer
with written confirmation (by email) of the appointment date, including the proposed Service Fee, any special
instructions. The link to our terms of business on our website is available with notifications of your rights as a
consumer. The date of this confirmation is the Effective Date of Your agreement with Quality Gutters.
3.2 Requests to cancel the Service or to change the appointment must be made no later than 17.00hrs on the
day prior to the Service Date. Quality Gutters will use reasonable endeavours to meet a alternate date but this
will be subject to the availability of Quality Gutters to accommodate the requested date.
3.3 Cancellation requests made later than 17.00hrs on the day prior to the Service Date will subject to a late
cancellation fee of 50% of the Service Fee.
4. Occasionally Quality Gutters will use a network of local agents to provide the service. In such cases an
introduction is made and the local agent becomes the main contractor. As such the consumer/business contract
is between the customer and the contractor.
5. Customer Obligations
5.1 The Customer confirms that they are aged 18 years or over and are legally competent to enter into this
agreement be it on behalf of the property owner, business or otherwise.
5.2 The Customer agrees to provide safe entry to and around the property and safe access to all areas of
guttering to be cleaned or repaired, unless previously agreed otherwise via email/telephone with Quality
Gutters.
5.3 The Customer warrants that to the best of their knowledge the guttering system, other than requiring the
clearance of accumulated debris, is in a good state of repair and free from defects that may be prone to
damage from the cleaning process such as broken components and deteriorated fittings or fascia boards.
5.4 Where Services are performed under a discount for a group of Customers it is expressly understood that
each Customer in that group shall remain individually responsible under this Agreement in respect of their own
property and the work to be performed therein.
6. Service Fee and Payment
6.1 The Service Fee including any promotional discount will be advised in writing in accordance with clause 3.2.
6.2 The Service Fee will be held firm for the duration of this Agreement.
6.3 In the event that the Services cannot be completed due to the reasons stated in 4.3.1 or 4.3.2 Quality
Gutters will use reasonable judgement to amend the Service Fee but retains the right to apply the Service Fee
in full if the conditions preventing completion present a delay to otherwise normal progress.
6.4 On completion of the Service Quality Gutters will issue an invoice for the Services. Invoice is being sent to
the Customer and payment is due either immediately by card payment via card machine or made online via
bank transfer or by cheque as agreed. Payments by cheque may be subject to a commission charge of a
maximum of £2.
6.5 Where Services are performed under a discount for a group of Customers Quality Gutters shall issue a
single invoice for the total of the group work to a party nominated in writing by the group. The nominated party
will thereafter be responsible to Quality Gutters for settlement of the invoice.
6.6 Quality Gutters reserves the right to charge interest on payments more than 14 days overdue such interest
to be calculated at a rate of 5% over the standard bank of England base rate. Compounded monthly and
backdated to the original invoice date.
7. Your Right to Cancel
7.1 In accordance with the UK Consumer Protection (Distance Selling) Regulations 2000 a private consumer has
the right to cancel this Agreement within a period of seven days from the booking date (the Right to Cancel
Period); such cancellation must be made in writing. In the event that you do cancel and have already made a
payment then any Fees paid will be returned to you within 30 days.
7.2 If at your sole option you request and accept a Service Date which falls before the end of the seven day
Right to Cancel Period then you will be deemed to have voluntarily accepted a Right to Cancel Period reduced
from seven days to the actual period between the Effective Date and the Service Date. In this event you still
retain the Right to Cancel up to 17.00hrs on the day prior to the Service Date as set out in clause 3.3.
8. Data Protection
Quality Gutters undertakes to comply with the provisions of the Data Protection Act 1998 and any related
legislation in so far as they relate to the provisions and obligations of this Agreement.
9. Limitation of Liablility
9.1 Nothing in the Agreement shall exclude or limit the liability of Quality Gutters for personal injury or death
resulting from its negligence.
9.2 Subject to Clause 9.1 Quality Gutters shall not be liable to the Customer for any loss not directly
attributable to the performance or contemplated performance of this Agreement. In any case the maximum
aggregate liability of Quality Gutters for any cause whatsoever shall be limited to the value of the Service Fee
and subject to the Customer’s obligations in Clauses 5.2, 5.3 and 5.4 solely to the direct cost of repair or
reinstatement of damage caused directly by Quality Gutters.
9.3 Quality Gutters takes 1 year warranty on gutter clearing and repairs, unless stated otherwise when Service
is agreed on the Effective Date. In case of warranty validation Quality Gutters is responsible to appear and
correct any issues a maximum of once a year. Quality Gutters takes 10 years warranty on completely new
gutter, fascia and soffit installations. This warranty is only liable in case the Customer orders a gutter viewing
and/or clearing at least once a year, otherwise the warranty can not be validated. All warranty covers that the
materials used in the accepted quotation and the quality of the work performed are professional, excellent and
adequate. The warranty does not apply to possible leaking/soaking problems or any damage caused by these.
10. Your Right as a Consumer
Nothing in this Agreement shall limit the statutory rights of the Customer as a consumer as set out in applicable
consumer protection legislation.
11. Force Majeure
Neither party shall be liable to the other for a delay or a failure to perform its obligations under this Agreement
resulting from war, armed conflict, civil disturbance, act of God, fire, explosion, accident, flood, industrial
dispute, or other cause beyond the reasonable control of the party concerned.
12. Severability
If any term of this Agreement is declared void or illegal, it shall be deleted and the remainder of this Agreement
shall continue in force, with the substitution of legal terms that approximate as closely as is legitimate to the
terms declared void or illegal.
13. Third Party Rights
A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties)
Act 1999 to enforce any of its terms.
14. Amendment
Quality Gutters reserves the right to amend this Agreement and any such amendments will be advised to the
Customer in writing prior to the commencement of the Services.
15. Governing Law
This Agreement and all matters relating to it shall in all respects be governed by and construed in accordance
with the laws of England and the Parties irrevocably agree that the English Courts have exclusive jurisdiction to
settle any dispute or claim arising out of or in connection with this Agreement.