General Trading Terms and Conditions - Domestic

1. Our responsibility
1.1 We will ensure that any works carried out are in accordance with your instructions and our quotation is made only on this basis.
1.2 If any further work becomes necessary because of alterations in design, engineers’ requirements, alterations which we deem to be necessary or otherwise to complete the work quoted for, or you change the specification of the work, and this causes an increase in costs you will need to sign for the variation of order before we carry out the additional work, where possible we will send or give you details of the extra costs involved in the and will carry out the further work once your written or verbal acceptance has been received.
1.3 Subject to paragraphs 1.1 and 1.2 above we will carry out the work in accordance with our quotation.
1.4. We will make every effort to complete the work on time, but you will appreciate that we cannot be held responsible for delays due to weather or other circumstances beyond our control. In this case we will complete the work as soon as reasonably possible.

2. Your responsibility
2.1 You will permit us during normal working hours access to the site to carry out the works according to the programme set out in the quotation.
2.2 You will obtain all permission and consents (including if necessary planning and other necessary permissions and licences from landlords, local authorities and so on) which are required before the works can be carried out.
2.3 Where work has been carried out on your instruction without previously obtaining the necessary permissions or consents (where applicable) this is done so at your risk and we accept no responsibility or liability for this. All work is carried out by us assuming that any necessary permissions and consents have been obtained by yourself.
2.4 You will also be liable for any other additional costs incurred as a result of failure to obtain any such consents and we reserve the right to charge £20 per man hour based on a 10 hour working day and 6 day week during any delay period.
2.5 You will provide at no cost to us a water and electricity and/or gas supply.
2.6 You will permit us to take photographs before, during and after the work and erect a site display board for marketing purposes.
2.7 You will be responsible for insuring the goods, tools and equipment that we supply from the time that they are delivered to you as well as making sure that the site is kept safe from trespassers and animals.
2.8 You will be responsible for making sure that the substrate is of suitable strength and consistency for the normal expected traffic usage and load bearing for which it will be used.
2.9 It is your responsibility to satisfy yourself as to the suitability of the services or goods ordered and we accept no responsibility for your choice.
Loose Stone Removal: All treated surfaces must be swept to remove excess stone within 7 days of surface installation. Sweeping should be by mechanical sweeper or by hand. A further mechanical sweep should also be carried out after 1-3 months to all vehicular and pedestrian areas. Sweeping should be carried out by the main contractor (at an additional charge, unless otherwise agreed) or by the end user.
A visual examination should also be carried out to check that no or very little aggregate is left on the surface at this time. It is important that little or no loose aggregate remains on the surface as this could result in the bound aggregate splitting and working out of the resin, resulting in degeneration of the surface. This could negate on any guarantees agreed with the Addastone installer.
General cleaning: Oil, dirt or other common stains should be removed by applying a household detergent or similar degreaser. Apply neat to the contaminated surface using a stiff brush and allow to penetrate for 10 - 15 minutes, all areas should then be pressure washed or hosed down with clean water as required.
2.10 It is your responsibility to satisfy yourself as to the suitability of the services or goods ordered and we accept no responsibility for your choice.

3 Acceptance of order
3.1 We will not start the work on any job until we have your written or verbal authority to do so.
3.2 In the event of the work starting upon your verbal acceptance of our quote or estimate and written acceptance not being received prior to the job start following your verbal instruction to start then it will be assumed that both parties have agreed that the estimate, quotation, contract or variation of order has been accepted in full together with the company’s terms and conditions of trading and both parties will be bound by them.
3.3 We often take photographs of various projects that we work on and occasionally use the more interesting ones on our website or in our general marketing activities as examples of works that we have been involved with. Only general information is ever used to identify the project and location. No personal details are ever used. If you do not agree to us doing this please notify us to the effect in writing which we must receive and acknoledge prior to the start of the works.

4 Things you should know
4.1 Our quotation or estimate is valid for a period of 60 days only, unless stated otherwise, and after that time we reserve the right to alter our quoted prices if the costs likely to be incurred by us for materials and labour increase. All prices quoted are plus VAT at the standard rate unless stated otherwise.
4.2 We do not undertake structural or other types of building surveys and therefore if the work cannot be completed, or any damage is caused through structural or other defects in your property, we cannot be responsible for this.
4.3 If you provide us with incorrect measurements or any other incorrect information including details of ground conditions, gas, electricity and water services in the area, we rely on this in preparing our quotation, we reserve the right to increase our price to cover the cost of making good any errors or doing any additional work required because of them.
4.4 All works performed will be subject to measurement and the final surface area will be calculated upon completion. Any increase in the surface area greater than the area stated on the estimate or quotation will be added to the final invoice and paid for by you as additional work performed at a square metre rate. The rate per square meter will be calculated by dividing the price stated on the estimate or quotation by the number of square meters stated on that estimate or quotation.
4.5 Additionally, with certain products, special types of maintenance may be required. We will provide you with the necessary instructions for this but we can take no responsibility for damage caused by failure to maintain in accordance with them.
4.6 We reserve the right to use sub-contractors from time to time. You should not at any time instruct them to carry out any additional work but should at all times negotiate direct with us. You will be liable for any loss incurred by us as a result of any negotiations for alteration of the works made direct with the sub-contractor, and shall pay for such losses within 7 days of receipt of our invoice.
4.7 All employees and sub-contractors work on our behalf and are not permitted to accept private work and you should not negotiate directly with them for further work to be carried out without consulting us.
4.8 Moving and replacing of furniture and other objects. In the event of our being required to move and/or replace or relocate furniture and/or other objects in order to carry out our work. The company will ensure that every care will be taken when moving such objects. However this is entirely at the property owner’s risk and the company will not be held liable for any damages however caused and the owner of the property indemnifies the company from liability.
4.9 Resin bonded natural stone is a re-surfacing system and not a re-building of your drive, path, patio or other surface and although every effort is made to generally smooth out unevenness of the original surface the system is a top dressing and will follow the contours of the original substrate and it may be possible that in wet weather some puddles of water may form.
4.10 Any references given to the life expectancy of any product has been based on having theoretical optimum working and operating conditions during the life of the product and having remedial repairs being carried as required during the working life of the product. The overall practical life expectancy therefore could differ from the theoretical life expectancy and any shortfall would not be considered as a valid warranty claim.
4.11 Should you decide to have the bitumen based adhesive system as a surface dressing for a driveway, footpath or other surface it is part of the normal system that there is a layer of loose stone left on the surface upon completion of the work and that and that the life expectancy and wearing qualities if the bitumen system are not as great as the resin bonded system.
4.12 These Terms and Conditions only apply if you are acting for purposes which are outside your trade, business or profession. In all other cases, our Commercial Terms and Conditions will apply, a copy of which will be supplied to you on request.

5 Your deposit and payment.
5.1 At the time the contract, quotation or estimate is accepted by yourself, a deposit of 30% of the quotation or estimate price must be paid. A further 25% of the quotation or estimate price must be paid upon completion of the ground works Unless otherwise stated on the individual quotation or estimate. The balance of the amount due in the quotation or estimate, together with any other amounts due, must be paid upon completion of the work.
5.2 Should you later cancel your order your deposit will not be repaid, and you will pay to us the cost of all labour and materials carried out before cancellation.
5.3 In the event of the work not being completed satisfactorily and snagging being required you will not retain more than 15% in monetary terms more than the actual percentage of work not satisfactorily completed. Both figures relate to the overall project value and size and will not exceed the project value.
5.4 In the event any work carried out on your instruction which is not paid for by an insurance company acting on your behalf you will be liable for the payment of the outstanding balance.
5.5 No retention of payment will be made in respect of work carried out free from charge or not clearly identified within our original documentation for the job or in variations of orders for the job signed by both parties.
5.6 The items which we supply to you will remain our property until you have paid us in full. If you fail to pay us we shall be entitled to recover them and to enter the property where they are to dismantle and remove them. If you fail to pay any sum in full on the date when it becomes due we may charge interest at a rate of 0.115% per day on any outstanding amounts.
5.7 Quotations or estimates are submitted based on what could be clearly seen at the time of our site inspection or on information received by us. If after the work has started should it be discovered that conditions have either changed since our site visit or defects found and additional work being required in areas that were not clearly visible at the time of the site inspection and it is necessary by the purchase of additional or different materials, additional labour, work or equipment to be able complete the work to the correct standard then any additional work or materials being required will be at an additional cost. Any additional work, labour, materials or equipment usage would be by mutual agreement and charged for accordingly. In certain cases and in order not to delay the job we may only be able give a general indication of the additional costs involved. Verbal acceptance of the additional work may be accepted, however written confirmation would be preferred. Any additional job costs will be shown separately on the invoice on completion of the job.
5.8 LIEN. In addition to any right of lien to which the company may by law be entitled the company shall have a general lien on all goods of the Customer in the possession of the company (although such goods or some of them may have been paid for) for the unpaid price of any other Goods or Works sold and delivered to the Customer by the company under the same or any other contracts.

6 Warranty

6. WARRANTIES AND LIABILITY
6.1 Subject to the conditions set out below we warrants that:
6.1.1 Services and goods supplied will be free from defects in workmanship for a maximum period of  warranty for all our coating systems is 12 months, unless otherwise stated in writing;
6.1.2 No warranties shall be given in relation to any other aspect of the Works except as specifically agreed in writing by we.
6.2 The above warranty is given by we subject to the following conditions:
6.2.1 We shall be under no liability in respect of any defect in the Works arising from any drawing, design or specification supplied by the Customer.
6.2.2 We shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, mechanical damage, change of use, substrate failure, abnormal working conditions, failure to follow we or the manufacturer’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods.
6.2.3 We shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods or Works has not been paid by the due date for payment. In the event of stage payments having been agreed and a warranty claim being made before all payments being received the payments will still be due as scheduled. In the event of any delay in payments being made due to a warranty claim, any arrears in payments are to be made within 5 working days of the work being corrected.
6.2.4 The above warranty does not extend to parts, materials or equipment not manufactured by we in respect of which the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to we.
6.2.5 Warranties for any Works are given subject to we being satisfied that there are defects in goods or materials workmanship by way of a site survey being carried out by we. If such survey does not disclose any defects in material or workmanship, we costs incurred in carrying out the survey will be payable by the Customer.
6.2.6 We liability under clause 6.1.2 is limited to repairing or furnishing materials and labour to replace only the immediate area or patch of resin which have been deemed to have failed within the warranty period from the time of completion of the works being the subject of this Contract, unless by separate and individual agreement and confirmed by we in writing, the defect is due to defective workmanship or material provided or furnished by we.
6.2.7 In the event of a claim and a subsequent repair being made by weis not liable for colour or texture variation in the repaired surface in comparison with the overall surface. In the event of a claim we liability is limited to the replacement of the defective coating and is not responsible for any consequential losses that the Customer may incur as a result of a coating failure.
6.2.8 In the event of such a claim all site conditions and services appertaining to the original contract will apply and will be made available to we without charge or further claim. If the client wishes to indemnify themselves against this clause then an additional charge of 25% of the quoted/estimated project value as detailed in the documentation relating to the project will be added to the invoice value of the work and will be paid by the client together with the main invoice for the work undertaken. If this indemnity is to be applied and the charge has been included it will be clearly stated as such on all relevant documentation.
6.2.9 In the event of we having to return to site for inspection purposes and/or to make repairs not covered within the terms of the warranty as stated above or on the completion protocol then the customer will pay we for the time that he has spent travelling, making the inspection/s and for the work carried out together with the cost of any additional materials, labour and equipment required to effect the repair/s.
6.2.10 The period of warranty is only applicable to the original Contract and in the event of a claim being made and subsequent repairs or replacement being made by we is under no obligation to extend the period of warranty for the repair work except where the repair work has been paid for in full as an additional cost subsequent to the main Contract.
6.2.11 Any references given to the life expectancy of any product has been based on having theoretical optimum working and operating conditions during the life of the product and having remedial repairs carried as required during the working life of the product. The overall practical life expectancy therefore could differ from the theoretical life expectancy and any shortfall would not be considered as a valid warranty claim.
6.2.12 Resin bonded natural stone is a re-surfacing system and not a re-building of the Buyer's drive, path, patio or other surface and although every effort is made to generally smooth out unevenness of the original surface the system is a top dressing and will follow the contours of the original substrate. Should it be decided to have the bitumen based adhesive system as a surface dressing for a driveway, footpath or other surface. It is part of the normal system that there is a layer of loose stone left on the surface upon completion of the work and that and that the life expectancy and wearing qualities if the bitumen system are not as great as the resin bonded system. The products are not guaranteed against subsidence, movement, cracking or heave of the concrete, asphalt or other base structure. The Bitumen based system takes considerably longer than the resin based system to harden and in warm weather could soften. All of the above points have been explained to the Customer and have been accepted as part of the Contract.
6.2.13 In all cases it is the Customer's responsibility to ensure that the substrate is of a suitable strength and consistency for the normal expected traffic usage and load bearing of which it will be used. As a condition hereof, any defects must be brought to the attention of we for verification when first discovered in the material or parts alleged to be defective and a representative sample returned to we if requested.
6.2.14 We shall not be liable for transportation charges in either direction or any installation charges, for expenses of the Customer for repairs or replacements or for damages from delay or loss of use or other indirect, incidental or consequential losses or damages of any kind.
6.2.15 We reserves the right to use improved designs of the parts to be replaced under the terms of this clause.
6.2.16 The warranty does not apply to any areas or items which have been repaired or altered by any persons other than employees or agents of we in any way so as in the judgement of We to affect its performance or reliability, or any failure of any materials or parts due to misuse, negligence or by mechanical, chemical or fire damage, damage caused by substrate failure or movement including but not limited to delamination, erosion or corrosion of substrate or substrate layers, general or localised breakdown of the substrate or cement based and other screeds applied to the substrate to which our resins have been applied, formation or opening of cracks, movement of expansion joints within the substrate, water, water vapour,  moisture or other contamination within or coming through the substrate, thermal shock, change of use or by climatic conditions including but not limited to damage or deterioration or colour change or fade or breakdown of the bonding resin caused directly or indirectly by subzero temperatures or temperatures in excess of 30 degrees centigrade, UV light, other than normal indirect light and reasonable use nor shall it apply beyond their normal span of life to any materials whose normal span of life is shorter than the applicable period stated herein.
6.2.17 The following shall be considered as mechanical damage to the resin surface and shall not be considered as a warranty or quality claim:
6.2.17(i) All resin based flooring systems are prone to some degree of scratching and mechanical damage, especially those with a gloss finish.
6.2.17(ii) Heavy objects are to be lifted and placed into position rather than dragged across coated surface.
6.2.17(iii) Footwear contaminated with abrasive particles and/or rough soles may scratch the surface of resin floor coats, especially those with a gloss finish.
6.2.17(iv) Movement of motorised or similar vehicles (i.e. fork lift and pallet trucks) may scratch or mark the surface, especially those with a gloss finish.
6.2.17(v) Prolonged cleaning with abrasive cleaning agents an/or use of floor scrubbers may dull the gloss of a resin floor.
6.2.18 We shall be under no liability under the above warranty (or any other warranty, condition or guarantee) for claims or damages for slips or injuries for surface treatments either without anti-slip treatment or with a light anti-slip finish. Surface treatments either without anti-slip treatment or with a light anti-slip finish treatment are liable to be slippery when wet and additional care must be taken when the surface when using the surface. The surface will become increasing slippery if contaminated with liquids, lubricants, powders, and/or granular substances. In all cases, whether an anti-slip finish has been applied or not, all spills and contaminations must be cleaned up immediately. We strongly advise against the use of resin based coating systems with little or no anti-slip additives or treatments in areas likely to become wet, areas including, but limited to: washrooms, toilets, kitchens, canteens, entrance ways etc. The installation of smooth or near smooth resin surfaces are entirely at the purchasers risk and the company does not accept responsibility for any losses or injuries due to slips and falls on these surfaces. If a smooth or near smooth resin surfaces has been installed we can at a later date apply an anti-slip treatment to the effected area at an additional cost.
6.2.19 For the most part the materials that we use are solvent free epoxy resins which are designed for technical applications and lengthily of service rather than decorative purposes. The materials are manually applied and during the process it is possible that marks may be left by the equipment used during the application, i.e trowel marks, spike roller marks or paint roller marks. It is also possibly that roller marks or surface tension marks such as dimples etc may be apparent after the application of surface sealer coats. Roller applied coating systems are the most prevalent in leaving marks after application and being a relatively thin coating system the profile of the substrate will often show through the coating. Marks on the surface whether made during material application or by the surface tension of the materials themselves will not be accepted a warranty or quality claim. If aesthetic appearances are an issue then there are alternative materials and systems available at an additional cost.
6.3 Any claim by the Customer which is based on any defect in the quality or condition of the Goods or the Works or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified in writing sent by recorded delivery to we within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. Any such notification must be received prior to the expiry of the warranty period.
6.4 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or the Works or their failure to meet specification is notified to we in accordance with these Conditions, we shall be entitled to replace the Goods or carry out rectification work, as the case may be, (or the part in question) free of charge or, at the we sole discretion, refund to the Customer the price of the Goods or the Works (or a proportionate part of the price), but we shall have no further liability to the Customer.
6.5 Except in respect of death or personal injury caused by we negligence, we shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of we, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or the Works or their use or resale by the Customer, and the entire liability of we under or in connection with the Contract shall not exceed the price of the Goods or Works, except as expressly provided in these Conditions.
6.6.1 We shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of we obligations in relation to the Goods, if the delay or failure was due to any cause beyond we reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond we reasonable control:
6.6.1 Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition;
6.6.2 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of the governmental, parliamentary or local authority;
6.6.3 import or export regulations or embargoes;
6.6.4 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of we or of a third party);
6.6.5 difficulties in obtaining raw materials, labour, fuel, parts or machinery;
6.6.6 power failure or breakdown in machinery.

7 Our right to cancel
7.1 Our quotation is given on the basis that we have suitably skilled manpower available to complete the work to a standard we consider to be acceptable and within a mutually acceptable timeframe. If it becomes apparent that the work as shown in our quotation cannot be carried out as agreed, we reserve the right to cancel and shall not be liable to you in any way for such cancellation.

8 Sale of products
8.1 If materials, tools and equipment are sold to you these will be paid for by placing a 30% deposit when placing the order and the remainder to be paid on delivery unless otherwise agreed in writing.
8.2 Any warranty given by us in relation to materials, tools and equipment shall not exceed the original manufacturer’s warranty.
8.3 Mixing and application of materials must be carried out in accordance with the instructions for application and we accept no liability for this.

9 Party to the Contract
9.1 Your contract is with we or it's subsidiary trading names Specialist Resin Floorings and Designer Resin Floors, depending on which company or trading name is identified on our quotation or documentation relating to the project, of PO Box 148, , Battle, TN33 3BS, England.