Conditions of Contract

1. In addition to its statutory obligations, the Company warrants that within a period of 3 years of the date of completion of the Contract the Company will make good, free of charge, any defects which are due to faulty workmanship or materials, provided the facility is treated with reasonable care and any maintenance instructions have been adhered to. Written notice of any claim against this warranty must be received within 14 days of the expiry of the warranty period.
2. The Company agrees to provide the equipment and/or execute the works set out on this quotation at the price and in the manner of payment specified in the Quotation and/or in these Conditions. This contract shall not be deemed to be made until one copy of the quotation has been signed by the Purchaser and returned and received by the Company.
3. The Company shall be entitled to payment as stated overleaf, unless stated different payment terms are £300 holding deposit, 30% off the total price on the day we start, 45% on the morning off concrete and the final installment due on completion of seal.
4. In the event of the Purchaser failing to make payment as required by these Conditions, the Company shall be entitled to cancel any discount given and full amounts shall become due.
5. Provisional Costs (P.C.) are estimates of costs only as no accurate cost can be given at the time of quoting. The price specified in the quotation is based on the cost of wages and materials, plant hire and taxes prevailing at the date of quotation, provided the commencement is within this 3 month period. Except that where P.C. sums are shown adjustments are to be made to the quotation on completion of work.
6. Any planning permission building permits where required shall be obtained by and any charges related thereto be paid by the Purchaser directly to the relevant authority.
7. In carrying out preparatory work on site, implementing the Contract and clearing the site on completion, every possible care will be exercised by the Company to minimise the disturbance caused by vehicles, plant and all equipment using the access routes to reach the working area and the area immediately around the Contract site which is required for working space and the Company will clear the working area on completion. During this period the Purchaser will be required to take care to protect the site and its surroundings and in particular to prevent any person or animal not authorised by the company from trespassing in the working area or interfering with machinery, equipment or other materials stored there. Beyond such reasonable care being taken, the Company does not take responsibility for the cost of reinstatement. Any damage must be notified to the Company in writing within seven days of the occurrence.
8. The Company shall not be liable for any delays for any reason Whatsoever beyond the reasonable control of the Company including, without prejudice to the generality of the foregoing, inclement weather or unreasonable site conditions, proceedings taken or threatened by other disputes with third parties, delay by other Contractor or workmen or tradesmen engaged or nominated by the Purchaser not referred to in the Quotation, authorised extra or additional items being added to the Contract, any local combination of workmen, strike or lock-out difficulty in obtaining suitable materials, then the Company shall not be liable to the Purchaser for the delay in the completion of the work and a fair and reasonable extension of time for such completion, at least of the period of the delay, shall be allowed by the Purchaser.
9. In the event of any dispute arising during the course of, or subsequent to, completion of work, the Purchaser shall not be entitled to withhold payment in excess of an amount representing a reasonable valuation of the work required to rectify or replace the work which is specifically subject to the said dispute.
10. The Quotation is based on the assumption that excavation will be in normal sub-soils and that no hidden obstacles will be encountered during any part of the work. If rock or running sand, unstable ground, excess water or any other unforeseen circumstances and/or any service such as water, gas, electricity, telephone, drainage, etc. not previously advised to the Company to exist is met with, the Company reserves the right to charge for any additional work involved. The cost of any work, by the Company or others, entailed in dealing with same shall be additional to the figure as quoted.
11. The Quotation assumes that, and is subject to, ground conditions being suitable for the carrying out of any such work. Any additional cost incurred by local body requirements, Engineers requirements, or which the Company reasonably determines is necessary to properly prepare the ground, shall constitute an extra and be paid by the Purchaser upon completion of the work.
12. The Company shall not be liable for repairs to any damage caused to the concrete by another party during or after the installation. Protecting the surface from any person, animal contamination or damage is the direct responsibility of the Purchaser during the installation procedure and thereafter. The Purchaser must adhere to the guidelines and instructions given during the installation process with respect to usage and treatment of the area (details on request).
13. The Company will exercise all reasonable care to place expansion and contraction joints at its discretion to minimise the chance of cracking but no guarantee is given against cracking.
14. The nature of the process causes variations in the depth of imprint. Every effort will be made, however, to achieve consistency of depth to the Purchaser’s requirements.
15. The process tends to imitate the traditional finish of bricks and cobblestones, and all surface blemishes are part of the finished product and left at the Company’s discretion.
16. The nature of materials and processes used make it unavoidable that apparent variation in texture and colour of the surfacing material may occur. Whilst every possible care will be exercised the Company cannot guarantee colour and texture matching to closer tolerances than those inherent in the materials and processes used.
17. The Purchaser is responsible for providing complete free and easy access to the working area of the site for materials, machinery and the provision of all necessary electrical, water and other services. Any additional costs incurred through the Purchaser not providing such shall be chargeable to and payable by the Purchaser.
18. Subject to the provision of the Unfair Contract Term Act 1977 (or any statutory modification thereof) the Company shall not be liable for any damage, loss or personal injury whatsoever arising consequential upon or incidental to the use of the works referred to in the Quotation either during the period of construction or at any time thereafter.
19. No responsibility can be taken for clients spreading salts or chemicals of any kind (except those recommended by our Company).
20. This contract is not subject to cancellation and any deposits paid are non-refundable.
21. The contract is accepted subject to a satisfactory survey being carried out by the Company prior to excavation. In the event of an unsatisfactory survey, the Company reserve the right to cancel the contract, the Customer would be notified within 28 days.
22. Where part of the work is being carried out by the Purchaser our price submitted is based on this work being carried out in a workmanlike manner and strictly to the agreed time schedule with regard to proper preparations so our work is not jeopardised in any way. This particularly applies to the excavation work. Additional costs involved in our work, due to bad workmanship or hindrance on the part of the Purchasers workmen will constitute an extra charge to the Purchaser.
23. The Company shall not be liable for any faults or delays which is due to the concrete company used to supply the concrete.
24. Where extra work is ordered by the Purchaser, either in writing or verbally, this order will be confirmed by the Company to the Purchaser in writing and unless within seven days the order is rescinded the same shall be treated as confirmed. Where possible Quotations will be submitted for additional works and variations as the Contract proceeds but otherwise will be charged at a fair price, based on the cost of such variations.
25. The Company shall not be held responsible for minor departures from the Contract specification or drawings made necessary by site conditions or unforeseen circumstances.
26. All materials and equipment on site which form an integral part of the Contract shall remain on the property and shall be in the exclusive possession of the Company until payment in full for the Contract has been made.
27. This Contract shall be subject to the jurisdiction of the English Courts and construed according to English Law. Any dispute arising under it shall be referred to an Arbitrator to be appointed by the parties and, in default of the agreement, by the President for the time being of the R.I. B.A. and whose decision shall be final and binding. Such a reference shall be a submission to arbitration under the Arbitration Act 1950 or any statutory modification or re-enactment thereof.
28. Any variation in these Conditions must be agreed by the Contractor and Purchaser before commencement of the work and to be valid, shall be signed by all parties concerned.
29. The Company will reserve its right to imprint its company logo by name stamping every job. In accordance with the Data Protection Act the Company will also reserve its right to take photographs of the installation before, during and after completion to use for the sole purpose of our portfolio and marketing. Specific requests to refrain from photographic use must be made in writing and at the earliest opportunity.