In the absence of any specially agreed, written conditions, the following terms and conditions shall apply to all contracts entered into and undertaken with the company. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and thus, in the event of a dispute, the parties may only seek remedy via an arbitrator appointed by the parties, and where in default of the agreement, by the president for the time being R.I.B.A whose decision shall be both final and binding. Such reference shall be a submission to the Arbitration Act 1950 and/or statutory modification or re-enactment thereof. If said dispute procedure proves to be ineffective, the matter must be brought to the exclusive jurisdiction of the English Courts for review. If any provision of this agreement is or becomes invalid or unenforceable the remaining provisions shall not be affected.
The seller refers to the company, Advanced Resin Solutions Ltd (Company Number: 9936938) and any of its third party subsidiaries at any given time. A buyer will refer to an individual in the ordinary sense as an individual who buys goods in the usual manner from a person/company in the business of selling such goods.
The seller reserves the right to amend and alter the Terms and Conditions at any time as they see fit but this shall not operate with a retrospective effect on any pre-existing contracts. It is the responsibility of the buyer to ensure that they have read and understood the terms and conditions and that by undertaking to use the services of the seller, it is implied that they are bound by and agree to the terms.
1.1
The provision of quotations is done so on a no-commitment basis. No contractual obligation will be formed between the company and the buyer during the proposal stage. The prices specified in the quotation are based on the cost of wages; materials, plant hire and taxes prevailing at the rate of quotation. The price quoted will exclude VAT (unless otherwise stated) and VAT will be charged at the applicable rate at the point of purchase. All quotations will lapse after a 30 day period and at any time prior to receipt of a deposit, the company reserves the right to adjust the price to reflect any increase in our costs of supplying our services.
The quotation is based on the assumption that excavation will be in normal sub-soil, and that no hidden obstacles will be encountered during any part of the works. If rock, running sand, unstable ground, excess water or any other unforeseen circumstances and/or any services such as; water, gas, electricity, telephone, drainage etc. not previously advised, the company reserves the right to charge for the additional work involved. The cost of any work by the company or others, entailing in the dealing with the same shall be additional to the figure quoted.
The quotation assumes that, and is subject to the ground conditions being suitable for the carrying out of and such work. Any additional cost incurred by local body requirements, engineers requirements, or which the company reasonably determines is necessary to properly prepare the ground, shall constitute as an extra and be paid by the purchaser upon completion of works.
1.2
A deposit payment will be required prior to booking work in. The Company shall be entitled to payment as required – (a) 25% deposit as noted. (b) 25% on completion of preparatory work. (c) The remaining balance (50%/75% respectively, dependent on whether preparatory works are necessary) shall payable on the day of completed works and will be taken via your method of deposit payment if required by the company. In the absence of prior agreement, formalised in writing, payment for completed works will be due immediately upon completion of the quoted scheme and, in any event, no longer than 7 days following the same.
If cancelled, the deposit amount whilst refundable, will be subject to a deduction of a £150.00 administration fee. If the deposit amount is less than £150.00 this will render the whole amount to be non-refundable.
In the event that the cancellation occurs once materials or plant/specialist equipment have been ordered/arranged, this may incur additional charges.
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 payments specified in the quotation and/or in these conditions. The contract shall not be made until a satisfactory survey has been carried out by the company and the purchaser has accepted the terms of the quote in writing by expressing their wish to proceed with the works – this may be done via electronic communication – following which, paying a deposit in accordance with the above.
If you wish to cancel the contract you must do so in writing within 7 days of the contract being signed. Such notice must be written received within this time. Notification by electronic mail is accepted.
In the event of the purchaser failing to make payment as required by these conditions, the company shall be entitled to charge interest on a daily basis until payment has been received at the rate of 3% above the Bank of England minimum lending rate prevailing during the period of such default.
1.3
Upon entering into a contract with Advanced Resin Solutions Ltd, the buyer undertakes the following risks and responsibilities:-
Any planning permission or building terms permits where required shall be obtained by the purchaser and charges related thereto be paid directly to the relevant authority.
The purchaser is responsible for providing complete free and easy access to the working area of the site for materials, machinery and the provision of all necessary electrical, water and any other services. Any additional cost incurred through the purchaser not providing such shall be chargeable to, and payable by, the purchaser, unless such terms have been agreed by the company and purchaser.
Concrete and stone products require a curing period after laying operations have been completed. The length of this period is usually governed by the weather and type of volume and weight of traffic to be encountered. At the time of handing over the completed facility, the company will advise the purchaser on this and any other precautions to be taken. The company cannot be held responsible for any damage that may result from failure to follow these instructions, and such failure may invalidate the warranty given by the company under this contract.
The company shall not be liable for any delays for any reasons whatsoever beyond the reasonable control of the company including, without prejudice to the foregoing inclement weather or unreasonable site conditions, proceeding taken or threatened by other disputes with third parties. Delay by other contractors, workmen or tradesmen engaged or nominated by the purchaser not referred to in the quotation shall be charged at £800 per each day the company is held up. Authorised extra or additional items being added to the contract, any combinations of the workmen, strike or lock-out, difficulty in obtaining suitable materials, then the company shall not be held liable to the purchaser for the delay in the completion of work and the purchaser, at least for the period of delay, shall allow a fair and reasonable extension of such completion.
Subject to provision of the Unfair Contract Terms Act 1977 (or any statutory modification thereof) the company shall not be liable for any damage, loss or personal injury whatsoever, arising consequential upon or incidental to the use of works referred to in the quotation either during the period of construction or at any time thereafter. Buyers should be aware of the potential hazards to health and safety represented in the types of goods supplied by the Seller, stored in the Seller’s premises, in transit or stored on site. It shall be the Buyers responsibility to comply with any and all Regulations pertaining to the works.
Where part of the work is being carried out by the purchaser, our price submitted is based upon this work being carried out in a workman like manner and strictly to the agreed time schedule with regard to proper preparations so our work is not jeopardised in any way. This particularly applies to excavation work. Additional costs in our work due to bad workmanship or hindrance on the part of the purchaser’s workmen will constitute an extra charge to the purchaser.
In the event of any dispute arising during the course of, or subsequent to, completion of work, the purchaser shall not be entitled to withhold any payment whatsoever, the company will rectify or replace the work, which is subject to the said dispute.
1.4
Upon entering into a contract with the buyer, Advanced Resin Solutions Ltd undertakes the following risks and responsibilities:-
The Company undertakes that in accordance with the Sale of Goods and Services Act 1982 that the goods will comply with their description and will be free of any material defect at the time of installation.
In carrying out preparatory work on site, implementing the contract and clearing the site on completion, every possible care will be taken by the company to minimise disturbance caused by vehicles, plant and equipment using the access route(s) to reach the working area and the area immediately around the site.
We endeavour to provide a seamless finish to the surface; however this is not always possible. In such circumstances a joining or expansion strip may be required.
Without prejudice to any remedies that the company might have in the cancellation of an order by the purchaser, the company reserves the right to recover such costs that have occurred, however incurred.
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, email or text message. Unless within 7 days the order is rescinded the same will be treated as confirmed. Where ever possible, quotations will be submitted for additional work and variations as the contract proceeds but otherwise will be charged at a fair price, based on such variations.
The company shall not be held responsible for the minor departures from the contract specifications or drawings made necessary by site conditions or unforeseen circumstances.
The company will endeavour to make the new surface as level as practically possible. An average tolerance of 20mm per m² is allowed. Due to the nature of the materials used, in that they are naturally sourced, this can mean that there is the potential for slight colour differences in the finished installation. Furthermore, in certain lights it may be possible for trowel and machinery marks to be visible due to naturally occurring variations in the aggregate.
In the event that adverse weather conditions prevent the installation from going ahead on the specified date, we will endeavour to reschedule at the earliest possible convenience. If the new date proposed is not accepted by the customer then Advanced Resin Solutions reserves the right to delay the works until a time most suitable to the company.
1.5
In addition to its statutory obligations, Advanced Resin Solutions, warrants a 10 year period on completion of the contract, the company will make good, free of charge, any defects which are due to faulty workmanship, 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 warranty period.
Advanced Resin Solutions Ltd cannot be held responsible for the on-going structural or matrix condition of existing surfaces, or new surfaces laid by others, onto which its resin bound coating is applied.
It is the responsibility of the buyer to inform the company of any existing and unwanted pooling prior to the application of the specialist resin coating. Whilst every effort will be taken to remove any reported pooling, the company can accept no responsibility for standing water or other drainage issues on existing surfaces or new surfaces laid by others.
The above warranty does not cover sub-surface issues unless the underlying substrate was constructed and installed by Advanced Resin Solutions Ltd.
It is important to note that the resin bound system is only suitable for use where the maximum weight of a vehicle using the surface does not exceed 2.5 tonnes and as such, the warranty will not extend to such circumstances.
Advanced Resin Solutions Ltd is dedicated to supplying the best possible service with the utmost quality products. We are confident that all our installations are brilliant examples of our exemplary quality standards and the finished product will be a hard wearing, durable surface that will deliver exceptional performance for a range of uses from light domestic to heavy commercial. Because of this, we are proud to offer a 10 year warranty on all our resin bound stone installations.
Our warranty is conditional upon:
- A suitable base (e.g. asphalt or concrete), or other approved substrate being provided i.e. firm, intact, clean, well-drained and strong enough for the intended use.
- The surface only being used for its specified application.
- Our advice for after care and maintenance being followed.
Our 10 year warranty does not cover:
- Damage caused by forceful impact, excessive point loads, other mechanical damage and excessive usage.
- Damage caused by sinkage, deformation, reflective cracking, tree roots, stress point cracking, frost heave or any other failure of the underlying layers.
- Damage or staining caused by chemicals, fuels, solvents or any other external agent.
- Damage caused by repairs made to, or adjacent to, the surface or to the underlying base.
- A decrease in permeability caused by ingress of dirt, fine materials or other causes.
- Mineralogical variations (including rust spotting) in the stone which have an effect on its physical, mechanical or aesthetic properties.
- Any consequential and indirect losses.
- Surface changes due to natural weathering.
- Hairline Fractures.
- Any base/substrate work as this is covered by a separate 3 year warranty• Any failures relating to the products used during installation as this is covered in line with the warranty offered by the supplier.
N.B. If the sub-base is already in place and not installed by Advanced Resin Solutions, we undertake only to repair the work completed by ourselves i.e. in circumstances where the resin fails. If cracks occur as a result of the sub-base, this cannot be remedied via the warranty provided.
A quality and warrantied installation of resin bound stone is dependent on a number of factors. These include, temperature, humidity, rainfall and dew point. As experienced installers we always advise people of when we believe the conditions to be reasonable to work with resin bound stone. If we are instructed to install outside of these parameters we cannot be liable or responsible for any failures in the materials or installation whatsoever. Furthermore, in these instances we do not offer any warranty on the finished surface. If the surface needs additional work in the future, this will also be charged at full cost. We will, however, use all of our knowledge and skills to try our best to ensure the surface is finished to as high a standard as possible.
1.6
Advanced Resin Solutions Ltd will endeavour to resolve all disputes within 28 days and will do so in accordance with the Terms and Conditions provided on this site. Advanced Resin Solutions Ltd at all material times will seek to provide a customer with an acknowledgment of their correspondence within 7 days. In the event that Advanced Resin Solutions Ltd fall outside of these time frames, it is noted that no liability will be accepted on this basis alone.
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage.
1.7
Advanced Resin Solutions Ltd will retain and maintain the personal information of individuals seeking quotes and entering into contracts with the company as part of the company records. This information assists the company in maintaining and improving its administration and management of the business. An individual is welcome to see all information held about them at any time in accordance with the Data Protection Act 1998 and recent GDPR legislation and is able to make any necessary amendments to keep the information up to date. If you wish to opt out and thus remove your consent for your data to be held and shared, you need only notify the company either via telephone on 01458 252 381 or via email at info@advancedresinsolutions.co.uk. You can see additional information as to how data is used and processed in our privacy policy which is available on our website.
