IN THESE CONDITIONS OF CONTRACT ALL THE SEASONS SHALL BE REFERRED TO AS THE COMPANY
AND THE CLIENT WHOSE NAME, ADDRESS AND SIGNATURE APPEARS OVERLEAF SHALL BE REFERRED TO AS THE PURCHASER
Conditions of Contract
- In addition to its statutory obligation, the Company warrants that within a period of 5 years from the date of completion of the contract the Company will make good, free of charge, any defects which are due to faulty workmanship. The materials are covered by the usual manufacturer’s guarantee, on driveways, paths, lawns, artificial grass, and patios 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.
- 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.
- The Company shall be entitled to payment as follows:
- Deposit as noted.
- The Company shall require stage payments, terms as shown on our written quotation.
- 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 the full amounts shall become due with immediate effect.
- Any planning permission, building permits where required shall be obtained by and charges related there to be paid by the Purchaser directly to the relevant authority.
- In carrying out preparatory work onsite, implementing the Contract and clearing the site on completion, plant and all equipment, every possible care will be exercised by the Company to minimise the disturbance caused by vehicles using the access routes to reach the working area and the area immediately around the Contract site which is required for the 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 animals 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.
- 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 from ‘THE DATE OF ORDER’ (not from the proposed start date). Proceedings taken or threatened by other disputes with third parties, delay by the Purchaser 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 lockout difficulty in obtaining suitable materials, then the Company shall not be liable to the Purchaser for the delay in 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.
- In the event of a dispute arising during the course of, or subsequent to, completion of the 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.
- 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, running sand, untenable ground, excess water, or any other unforeseen circumstances and/or any service such as water, gas, electricity, telephones, cable, drainage, etc., not previously advised to the Company to exist is met with, the Company reserves the right to charge for any additional work, materials, machinery, and skips involved. The cost of any work by the Company or others, entailed in dealing with the same shall be additional to the figure as quoted.
- The quotation assumes that and is subject to ground conditions being suitable for 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 and/or complete the project, shall constitute an extra and be paid for by the Purchaser upon completion of the work.
- Any purchaser contacting or being contacted by any of our operatives to work on a direct basis for themselves, family, or friends within 12 months of the Contract completion date, shall render this warranty null & void.
- The Company will exercise all reasonable care to place pattern aligned expansion and contraction joints at their discretion to minimise the chance of cracking but no warranty is given against cracking. Pointing colour (pigmentation) can vary this can be due to the suppliers using different aggregates and fines, this is acceptable as a standard and will often remedy itself over a short duration of time (weathering). Pointing can develop crazed pattern cracking this is totally acceptable, because one of the benefits of the pointing is to afford the main area an acceptable tolerance (flexibility) to allow for the expansion and contraction that occurs due to the variation in the temperature’s often experienced during the British weather cycle. In the case of severe frost and cold conditions (below freezing) mortar pointing and brick faces may blow, this is not covered by your warranty.
- The nature of the process in creating the range of products 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 in the manufacturing process. Block pavers, bricks & slabs sometimes have blemishes & colour variations again this is deemed to be totally acceptable.
- Every effort will be made to ensure that the finished surface levels remain free of puddling. However due to the varying level surface design in riven paving this is not always totally achievable. This is deemed to be acceptable.
- The products tend to imitate the appearance of the traditional finish of bricks, slate and cobblestones, all surface blemishes are part of the finished product and left at the Company’s discretion.
- The Purchaser is responsible for providing complete free and easy access to the working area of the site for skips, 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.
- Concrete products require a curing period after laying operations have been completed. The length of this period is usually governed by the weather and type, volume and weight of traffic be it pedestrian or vehicular to be encountered. At the time of handing over the completed facility, the Company will advise the Purchaser of this and other precautions that are required to be taken. The Company cannot be held responsible for any damage that may result from the failure to follow these instructions. The Purchaser must ensure that nobody should check for loose and rocking slabs/paving by standing on the two corners and rocking, the nature of this movement does indeed create rocking slabs (rockers). You must refrain from this common occurrence for the minimum of seven days after completion of the project. Failing to comply with this request will invalidate the warranty given by the Company under this Contract.
- Subject to the provision of the ‘Unfair Contract Term’ act 1977 (or any statutory modification thereof) the Company shall not be liable to, or 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.
- The Purchaser is entitled to cancel the Contract PROVIDED THAT the notice of right to cancel form printed below is completed in full It can be e-mailed to firstname.lastname@example.org or posted by registered post to the Company at its registered office and must be received within seven days of the date of this contract.
- Notwithstanding the provisions of condition 19 above, should the notice of cancellation be accepted, the Company reserves the right to claim for work done both physically and clerically and also for any materials placed on special order, or supplied (if appropriate) during the said seven-day period.
- The contract is accepted subject to a satisfactory survey being carried out by the Company.
- Where part of the work is being carried out by the Purchaser the price submitted is based on this work being carried out in a workmanlike manner and strictly to the agreed time schedule with regard for the proper preparations, so the work is not jeopardised in any way. This particularly applies to the excavation work. Additional costs involved in the work due to bad workmanship or hindrance on the part of the Purchasers workmen will constitute an extra charge to the Purchaser.
- 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 the additional works and variations as the Contract proceeds but otherwise will be charged at a fair price, based on the cost of such variations.
- The Company shall not be held responsible for minor departures from the Contract specifications or drawings made necessary by site conditions or unforeseen circumstances.
- Should it be necessary for the Company and its workers or servants to enter upon into or across any part of the customers land or dwelling house including out buildings, sheds, summer houses, garages, conservatories, out houses, porches, verandas, driveways, lawns, paths, patios, gardens, plant borders, lean-to’s, doors, door thresholds, doorframes, patio doors and frames, windows and any other construction for the purpose of carrying out the work specified in the body of the contract overleaf then it shall be at the purchaser/s sole risk and responsibility and should any damage to any property as set out above occur from the necessary access for the purpose of carrying out the work as set out above the company or any of its workers or agents are not liable in any way.
- 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.
- 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.
- Any variations 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.
- No responsibility can be taken for clients spreading salt over the finished surface or jet washing as this may affect the surface, pointing, texture, colour and cause any sealants to break down and erode.
- If animals are present then their urine can cause the pointing and paving to green up and break down, this is not covered by our warranty.
- Turf or grass seed lawns that are prepared and laid by the company are subject to the maintenance schedule as advised on completion by the Company and shall carry a one-month guarantee. The presence of animals will reduce the warranty period to 1 week. Should the Purchaser not water the new lawn as directed by the Company then the warranty will be declared void:
- Artificial turf carries the manufacturers guarantee and any recourse shall be taken up directly with the manufacturer. The company shall not be liable in any way for the performance or use of this artificial grass product.
- Plants, trees, and shrubs that are supplied and planted carry 30 days warranty. Subject to the maintenance instructions being carried out. If through de-hydration (lack of water) or pets soiling the plants causes them to die, then the Purchaser shall replace them at their own cost.
- Water features, ponds, and pools, due to the “natural water evaporation cycle of the weather” a marked decrease in water levels can occur. It is the Purchasers responsibility to ensure that the water levels are replenished as and when necessary. Due to the nature of the various products used a nominal 7-day warranty is offered. Pumps that are installed carry the usual manufacturers guarantee, should a pump fail then it is the purchaser’s responsibility to disconnect it & return it to the supplier. If the Purchaser alters, moves, or tampers with the water feature, pond, or cascade then the warranty is null and void.
- Pursuant to condition 4 above, any amounts that are due under the terms of this Contract that remain outstanding for a period of more than 24 hours. The Company shall be entitled to:
- Cease to do any further work upon the property or land the subject matter of the Contract.
- Remove all equipment and materials forthwith from the Purchaser’s property at the expense of the Purchaser.
- Keep all payments already made under the terms of this Contract and in addition, to claim from the Purchaser the total outstanding cost of the remainder of the work to be done and the cost of any work already done and not paid for such to be within 14 days of notification by the Company to the Purchaser of such sums.
- To charge interest upon any sums under the provisions of this condition at a rate not less than 5% above the Bank of England’s minimum lending rate at the time of invocation of this condition
- The guarantee is not valid until the full contract price plus the cost of any requested or necessary additional works have been paid in full.
- The testimonial letter along with the final balance of payment as in the official contract terms is due on the completion of work. If the contract has been halted by purchaser for whatever reason this payment is still payable forthwith.
- If the final payment is not received when due, this renders the warranty null and void.
- If the Company specifies that an estimate of costs only has been given, then until a Contract specifying the actual cost of the work to be undertaken is entered into by both the Company and the Purchaser such estimate of costs shall NOT be binding upon the Company.
(Complete this form ONLY IF YOU WISH TO CANCEL THE AGREEMENT)
EMAIL TO: INFO@ALLTHESEASONS.CO.UK
l/We hereby give notice that l/We wish to cancel agreement