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 RonaDeck 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.