Terms & Conditions

Terms & Conditions

PCC T&C's

Your PCC

This page together with the documents expressly referred to on it tells you information about Build Warranty Technical Services Ltd (“we” or “us”) and the legal terms and conditions (Terms) on which we provide the services we offer (Services).

These Terms will apply to any contract between us and you about the Services (Contract). Please read these Terms carefully and make sure that you understand them before ordering any Services. Please note that by ordering any of our Services, you agree to be bound by these Terms and the other documents expressly referred to in these Terms.

Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Services from our website.

You should print a copy of these Terms or save them to your computer for future reference.

1 Interpretation

1.1 In these terms and conditions, the following definitions apply:

Charges mean the sum payable by you for the Services

Deliverables mean the deliverables (including any reports or certificates) to be provided by us to you as part of the Services

Insolvency Event means an event where a party is unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986) or becomes insolvent or an order is made or a resolution passed for the administration, winding-up, or dissolution of the other (otherwise than for a solvent amalgamation or reconstruction) or an administrative or another receiver, manager, liquidator, administrator, trustee or similar officer is appointed over all or any substantial part of the assets of the other or the other enters into or proposes any composition or arrangement with its creditors generally or any analogous event occurs in any applicable jurisdiction

Intellectual Property Rights means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

Order means your order or requests for the Services

Specification means the description or specification of the Services provided in writing by us to you

2 Information About Us

2.1 www.buildwarranty.co.uk is a site operated by Build Warranty Technical Services Ltd (“we” or “us”). We are a limited company registered in England and Wales under company number 11613886. We have our registered office at 7-8 Delta Bank Road, Metro Riverside Park, Gateshead, Tyne & Wear, NE1 8SG and this is also our main trading address.

3 Use of our website

3.1 Your use of our website is governed by our terms of website use. Please take the time to read these, as they include important terms.

4 How we use your personal information

4.1 We only use your personal information through our Privacy Policy, a copy of which can be viewed on our website. Please take the time to read this, as it includes important terms which apply to you.

5 If you are a Consumer

5.1 If you are a consumer, you may only purchase Services from our website if you are at least 18 years old.

5.2 We intend to rely upon these Terms and any document expressly referred to in them about the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorized agents, please make sure you ask for any variations from these Terms to be confirmed in writing.

5.3 As a consumer, you have legal rights about Services that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

6 If you are a business customer

6.1 If you are a business customer, you confirm that you have the authority to bind any business on whose behalf you use our website to purchase Services.

6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise, or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.

7 Basis of contract

7.1 The Order constitutes an offer by you to purchase Services by these Terms.

7.2 The Order shall only be deemed to be accepted when we issue written acceptance of the Order at which point and on which date the Contract shall come into existence (Commencement Date).

7.3 Any samples, drawings, descriptive matter, or advertising issued by us, and any descriptions or illustrations contained in our catalogs or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.

7.4 These Terms apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.

7.5 Any quotation given by us shall not constitute an offer and is only valid for 20 Business Days from its date of issue.

7.6 If, following our acceptance of your Order we decide that we are unable to perform the Services, we will let you know as soon as possible and refund any Charges you have paid.

8 Supply of services

8.1 We shall supply the Services to you by the Specification in all material respects.

8.2 We shall use all reasonable endeavors to meet any performance dates agreed in writing between the parties, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.

8.3 We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and we shall notify you in any such event.

8.4 We warrant to you that the Services will be provided using reasonable care and skill.

9 Your obligations

9.1 You shall:

9.1.1 ensure that the terms of the Order and any information you provides in the Specification are complete and accurate;

9.1.2 co-operate with us in all matters relating to the Services;

9.1.3 give all decisions, approvals, and instructions reasonably requested by us;

9.1.4 provide us, our employees, agents, consultants, and subcontractors, with access to your premises and facilities as reasonably required by us;

9.1.5 provide us with such information and materials as we may reasonably require to supply the Services, and ensure that such information is accurate in all material respects; and

9.1.6 obtain and maintain all necessary licenses, permissions, and consents which may be required before the date on which the Services are to start.

9.2 If our performance of any of our obligations under the Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Customer Default):

9.2.1 we shall, without limiting our other rights or remedies, have the right to suspend the performance of the Services until you remedy the Customer Default, and to rely on the Customer Default to relieve us from the performance of any of our obligations to the extent that the Customer Default prevents or delays our performance of any of its obligations;

9.2.2 we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this clause 9.2; and

9.2.3 you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default.

10 Charges and payment

10.1 The Charges for the Services shall be advertised by us or, if different, as agreed between us. We change our Charges from time to time but this will not affect any Order which we have accepted.

10.2 We will require payment for the Services either at the time of your Order, in advance of the performance of the Services, or on completion of the Services, at our

discretion.

10.3 If we do not require payment for the Services at the time of your Order, we will submit an invoice to you which you must pay within 14 days of the date of the invoice. Time for payment shall be of the essence of the Contract.

10.4 We shall be entitled to charge you for any expenses we reasonably incur in connection with the Services including, but not limited to, traveling expenses,

hotel costs, subsistence, and any associated expenses. Such expenses shall be charged to you at the rates advertised by us or, if different, as agreed between us.

10.5 All amounts payable by you under the Contract are exclusive of amounts in respect of value-added tax chargeable for the time being (VAT). Where any taxable supply for VAT purposes is made under the Contract by us to you, you shall, on receipt of a valid VAT invoice from us, pay to us such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.

10.6 Without limiting any other right or remedy of ours, if you fail to make any payment due to us under the Contract by the due date for payment (Due Date), we shall have the right to charge interest on the overdue amount at the rate of 8% percent per annum above the then current Bank of England’s base rate accruing daily from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment and compounding quarterly.

10.7 If you are a business customer, you must pay all amounts due under the Contract in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off, or counterclaim against us to justify withholding payment of any such amount in whole or in part. We may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.

11 Intellectual property rights

11.1 All Intellectual Property Rights in or arising out of or in connection with the Services (including Intellectual Property Rights in any Deliverables) shall be owned

by us.

11.2 Subject to your payment of the Charges, we grant you a nonexclusive, non-sublicensable license to use the Deliverables to the extent necessary for you to receive the intended benefit of the Services.

12 Confidentiality

A party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes, or initiatives which are confidential and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents, or subcontractors as need to know it to discharge the

Receiving Party’s obligations under the Contract, and shall ensure that such employees, agents, or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause 12 shall survive termination of the Contract.

13 Our right to vary these terms

We may revise these Terms from time to time and every time you order Services from us, the terms in force at that time will apply to the Contract between us. You are advised to check our current Terms before you purchase Services.

14 Cancellation rights of consumers

14.1 This clause 14 applies only if you are a consumer and you place an Order via our

website.

14.2 You have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause

14.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to receive the Services 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.

14.3 You have a period of 7 (seven) working days starting on the Commencement Date in which you may cancel (the Cancellation Period). Working days mean that Saturdays, Sundays, or public holidays are not included in this period. However, if you agree that we can begin the performance of the Services before the end of the Cancellation Period, your right to cancel the contract ends when we commence the performance of the Services.

14.4 To cancel a Contract, you must contact us in writing by sending an e-mail to info@buildwarranty.co.uk or by writing to us at our registered office address. You may wish to keep a copy of your cancellation notification for your records.

14.5 If you cancel the Contract, you will receive a full refund of the price you paid for the Services. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 14.3.

14.6 As a consumer, you will always have legal rights about Services that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 14 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

15 Other cancellation rights

15.1 Either of us may cancel the Contract at any time with immediate effect by giving the other written notice if the other breaks the contract in any material way and does not correct or fix the situation within 14 days of being asked in writing to do so.

15.2 We may cancel the Contract at any time with immediate effect by giving you written notice if:

15.2.1 you do not pay us when you are supposed to (and this will not affect our right to

interest);

15.2.2 being a business, you cease trading; or

15.2.3 you are subject to an Insolvency Event.

15.3 If we cancel the Contract, you must pay us all outstanding Charges immediately and return to us any Deliverables which have not been paid for in full.

16 Our liability to businesses

16.1 Nothing in these Terms limit or exclude our liability for:

16.1.1 death or personal injury caused by our negligence;

16.1.2 fraud or fraudulent misrepresentation;

16.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

16.1.4 defective products under the Consumer Protection Act 1987.

16.2 Subject to clause 16.1, 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:

16.2.1 any loss of profits, sales, business, or revenue;

16.2.2 loss or corruption of data, information, or software;

16.2.3 loss of business opportunity;

16.2.4 loss of anticipated savings;

16.2.5 loss of Goodwill; or

16.2.6 any indirect or consequential loss.

16.3 Subject to clause 16.1 and clause 16.2, our liability to you 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 the sum of £250,000 for each occurrence giving rise to our liability.

16.4 Except as expressly stated in these Terms, we do not give any representation, warranties, or undertakings about the Services. 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 Services are suitable for your purposes.

17 Our liability to consumers

17.1 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.

17.2 We only supply the Services to you for domestic and private use. You agree not to use the product 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.

17.3 We do not in any way exclude or limit our liability for:

17.3.1 death or personal injury caused by our negligence;

17.3.2 fraud or fraudulent misrepresentation;

17.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

17.3.4 any breach of the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

17.3.5 defective products under the Consumer Protection Act 1987.

17.4 Subject to clause 17.3, our liability to you 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 the sum of £250,000 for each occurrence giving rise to our liability.

18 Events outside our control

18.1 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. An Event Outside Our Control is defined below in clause 18.2.

18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs, or other industrial action by third parties, 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 another natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

18.3.1 we will contact you as soon as reasonably possible to notify you;

18.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control and

18.3.3 if the Event Outside Our Control persists for more than 2 months, either of us may cancel the Contract by giving written notice to the other, and, in those circumstances, we will refund the Charges paid by you.

19 Defects in your building or premises

19.1 If, during 12 months from completion of the Services, you discover any defect or deficiency building or premises in respect of which we have provided Services then:

19.1.1 you should contact the builder or other contractor about whose work the defect or deficiency relates and require it to remedy the position; and

19.2 we will not be liable to you for any such defect or deficiency or any failure by us to identify it as part of the Services unless you first use all reasonable endeavors to obtain a satisfactory remedy from the builder or other contractor about whose work the defect or deficiency relates.

20 Claim Handling

20.1 During the first year the builder is responsible for putting right any defects or damage caused by their failure to build to a suitable standard. Following this period, any claim for a defect arising from a result of negligence on the part of Build Warranty Technical Services Ltd should be submitted to Build Warranty Technical Services Ltd by email to claims@buildwarranty.co.uk or by calling Tel. 0203 9665409.

20.2 Excess – £1,000 for each and every claim.

20.2 Certain exclusions and limitations apply to Build Warranty Technical Services Ltd’s insurance liability, and other standard exclusions and limitations apply to the liability of both Build Warranty Technical Services Ltd and the Builder in connection with war and terrorism. Further exclusions following the construction inspection may be applied to the liability, which accompanies the Certificates when issued.

21 Communications between us

21.1 When we refer, in these Terms, to “in writing”, this will include e-mail.

21.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail to

info@buildwarranty.co.uk. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 14 please see that clause 14 for how to tell us this.

21.3 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.

21.4 If you are a business, please note that any notice given by you to us, or by us to you, 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.

22 Other important terms

22.1 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.

22.2 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.

22.3 If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.

22.4 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Services through our website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.

22.5 If you are a business, these Terms are governed by English law. This means that a 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), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.

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