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 companys 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
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 owners
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 VAT. Currently our turnover has not reached the level where
VAT has to be applied to our invoices. If by the time your work
is completed our companys turnover has reached the level
where VAT is applicable, you will be notified and VAT will then
be added to your final invoice and will be payable by you.
5.3 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.
5.4 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.
5.5 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.
5.6 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.
5.7 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.
5.8 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.
5.9 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 SICL 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 SICL.
6.2 The above warranty is given by SICL subject to the following conditions:
6.2.1 SICL 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 SICL 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 SICL or the manufacturer’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods.
6.2.3 SICL 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 SICL 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 SICL.
6.2.5 Warranties for any Works are given subject to SICL being satisfied that there are defects in goods or materials workmanship by way of a site survey being carried out by SICL. If such survey does not disclose any defects in material or workmanship, SICL’s costs incurred in carrying out the survey will be payable by the Customer.
6.2.6 SICL’s 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 SICL in writing, the defect is due to defective workmanship or material provided or furnished by SICL.
6.2.7 In the event of a claim and a subsequent repair being made by SICL, SICL is not liable for colour or texture variation in the repaired surface in comparison with the overall surface. In the event of a claim SICL 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 SICL 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 SICL 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 SICL 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 SICL, SICL 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 SICL for verification when first discovered in the material or parts alleged to be defective and a representative sample returned to SICL if requested.
6.2.14 SICL 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 SICL 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 SICL in any way so as in the judgement of SICL 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 SICL 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. SICL 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 SICL 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 SICL 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 SICL in accordance with these Conditions, SICL 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 SICL’s sole discretion, refund to the Customer the price of the Goods or the Works (or a proportionate part of the price), but SICL shall have no further liability to the Customer.
6.5 Except in respect of death or personal injury caused by SICL’s negligence, SICL 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 SICL, 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 SICL 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 SICL 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 SICL’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond SICL’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond SICL’s 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 SICL 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 manufacturers 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 Specialist Industrial Coatings Limited 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, Ninfield, Battle, TN33 3BS, England.