Standard Terms & Conditions for business consumer contract
1.0 Definitions
1.1 “Client” means the individual or organisation who buys or agrees to buy goods or services from the contractor and who will be responsible for all payments to the contractor unless otherwise notified in writing prior to commencement.
1.2 “Contractor” means Eezeegrip (UK) Limited.
1.3 “Contract” means the contract between the Contractor and the client for the purchase of goods and services incorporating these Terms and Conditions. By allowing Eezeegrip (UK) Ltd to undergo any works, the client accepts all Terms and Conditions and enters into said contract.
1.4 “Goods” means the articles that the client agrees to buy from the contractor
1.5 “Services” means the provision of wet pour rubber installation services by the contractor
1.6 “Terms and Conditions” means the terms and conditions of sale set out in this document.
2.0 Conditions
2.0 Nothing in these Terms and Conditions shall affect the client’s statutory rights
2.2 Any issues with the service or goods must be reported at the earliest opportunity in writing to the contractor. If necessary, The contractor will need to carry out a full site inspection and report which will be arranged at a date convenient to the contractor. If our findings are the fault of the contractor, the contractor will conduct extra work as deemed sufficient to remedy the fault at no charge to the client but at a date convenient to the contractor and only if full payment is received prior to additional works or
rectifications.
2.3 The Contractor reserves the right to final judgment on any issues raised. Clients are free to obtain a second opinion at their own cost.
2.4 Warranty Terms. Any repair works covered under warranty will be carried out by the contractor on a mutually convenient date. A usage cost percentage is applied to warranty repairs. 0-2yrs a 100% of the repair is covered. 3-5yrs a 70% of the repair is covered. 6yrs and above a 30% of the repair is covered. Warranty does not cover wear and tear, damage or vandalism as a result of misuse.
2.5 Full payment for chargeable repairs is due prior to commencing and is not covered by any warranty
2.6 All timber play furniture, bespoke or otherwise is subject to a 5yr Guarantee against rot and fungal decay. All necessary steps are taking
during installation to help prevent rot or fungal decay and only quality assured external timber is used and is fit for purpose. Damaged and
vandalised components as a result of misuse is not guaranteed. Any components replaced under the guarantee will be free of charge under said guarantee and is subject to installation labour charge only.
3.0 Price and Payment
3.1 The client agrees to pay the contractor the contract sum together with any vat properly chargeable upon the contract sum
3.2 Payment of the total sum less any deposit paid shall be made to the contractor on completion of works. The client shall not be entitled by any reason of any alleged minor defect to withhold any proportion of the contract sum.
3.3 The client will pay the contractor interest of the rate 8% above the banks base rate per month for all outstanding sums from the due date until payment.
3.4 Prices will remain fixed for 90 days after the date of the quotation. Acceptance prior to that date will ensure no increase in the cost of works specified. If the cost to the contractor of carrying out the contract is subsequently increased by increases in the cost of materials, labour, and any other factor outside the contractors control, then the contractor shall notify the client before undertaking any work to which the increase will apply and the client may require the contractor to discontinue the work and shall pay the contractor only for the work carried out.
3.5 Title and ownership of materials and equipment will not pass to the client until payment has been received in full. Legal proceedings may be taken to recover the financial equivalent of materials and services unpaid for.
3.6 The client can cancel the contract with reasonable notice. Any deposits paid are non-refundable. The client agrees to pay any losses and
costs the contractor suffers because of the cancellation.
3.7 The client will pay a deposit of 50% of the quotation on booking, to cover materials etc and secure the booking. Deposits are non-refundable if the client cancels the works. Unless other agreements are made in writing
and signed.
4.0 General Conditions
4.1 The contractor agrees to use materials that are suitable for the intended purpose. Some materials used are a recycled rubber granules.
4.2 The contractor will carry out work in accordance with health & safety regulations and will take reasonable steps to minimise environmental
disturbance, nuisance and pollution.
4.3 The contractor will not accept responsibility for damage to the client’s premises arising from third parties employed directly by the client. The client will be liable for any damages to works and or delay caused by third parties employed directly by the client.
4.4 The contractor will carry out a site risk assessment and will ensure all health and safety regulations are met.
4.5 The client confirms that the site is free from known hazards or obstructions, which are not discoverable on visual inspection of the site.
The contractor cannot be held responsible for any unforeseeable or unknown obstructions and any reasonable additional costs that may incur by the contractor as a result. Any obstructions or hazards will be agreed with the client in advance. If the client is aware of unseen obstructions or hazards they must notify the contractor in writing prior to commencing. If the contractor discovers any hazards or obstructions, which was not reasonable foreseeable, this will be deemed to be a factor outside the contractors control. Should the client not agree to any reasonable variations or additional costs caused by unforeseen hazards or obstructions, the contractor will be entitled to discontinue works with immediate effect and the client will pay the contractor only for work carried out.
4.6 Polyurethane binder used is uv sensitive and may undergo minor colour changes in direct sunlight. Different batch resins may drain at different rates. Fumed Silica used to apply the rubber to any vertical can alter the colour blend permanently. Batch number changes
may differ in colour slightly.
4.7 Be aware that, although small level inconsistencies can be removed, all flooring products installed, will follow the contours of the existing sub base or surface and is a porous product. Because the material is laid by hand, there is a tolerance of 3mm either side of any level surface.
The appearance of Rona Deck Resin Bound Surfacing samples and materials are dependent on the colour, shade and grading of individual aggregates supplied to Ronacrete Ltd by its suppliers. Being largely natural aggregates, the appearance may be variable within batches and from batch to batch and uniformity of appearance should not be expected. Darker aggregate blends are less likely to show tyre marks. RonaDeck Resin Bound Surfacing is hand finished with a steel float and some variation in finished levels is to be expected. Levels variation may be accentuated in certain natural and artificial light conditions, such as at sunrise or sunset or when lighting is set into the surfacing or vehicle headlights at night.
Any issues regarding the existing sub base or surface, must be brought to the attention of the ‘contractor’ prior to work commencement. Artificial Grass and Wet Pour Rubber installations may require seams to be present within the layer. These seams will be made as subtle and non visible as possible, but will be present. Artificial Grass is laid in the direction of least wastage, to keep the costs to the 'client' as keen as possible.
Any Wet Pour Rubber and Resin Bound Stone patch repairs may alter in colour slightly as it will be a fresh mix and requires weathering in.
5.1 The client must provide reasonable access to mains electricity and water on site. The cost of providing electricity and water will be borne by the client.
5.2 The client will allow the contractor access as near to the working site as possible and within the agreed working hours and throughout the stated time period.
5.3 The client must provide necessary parking permits, parking spaces or parking tickets for the vehicles of the contractor for the duration of the contract. If the contractor receives any parking tickets due to the failure of the client to supply such permits, the client will reimburse the contractor for these charges.
6.0 Consents
6.1 The client is responsible for obtaining any necessary consent for the implementation of works as described in the contract or specification of works from the local authorities and for ensuring that the implementation of works is in accordance with the provisions of any by-laws. Planning regulations shall not be responsibility of the contractor. The client is also responsible for confirming ownership of the land to be worked upon.
7.0 Delays
7.1 The contractor will give the client an estimate of the duration of the contract but shall not be liable for any delays for any reason whatsoever that are beyond the contractors reasonable control, such as adverse weather or adverse or difficult site conditions not reasonably foreseen by the contractor.
7.2 If the client wishes to delay the contract they must notify the contractor within seven days prior to the commencement date. If the client
does not give reasonable notice, the client will pay the labour costs for the amount of days delayed.
8.0 Copyright
8.1 All original designs, drawings, specifications, photographs and any written material will remain the property of the contractor. The contractor reserve the right to use any such material for promotional purposes or for
any other purpose.
9.0 Force Majeure
9.1 The contractor shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or
circumstances out of reasonable control, including but not limited to acts of God, strikes, accidents, war, fire, breakdown of machinery or shortage or unavailability of materials from a natural source of supply and the contractor shall be entitled to a reasonable extension to its obligations.
10.0 Acceptance
10.1 It is important that the client reads and understands the Terms and Conditions and any documents that will apply to the contract before
proceeding.