Installation T & C's

Installation Terms & Conditions

Resin Bound Surfaces Group Installations Ltd TERMS AND CONDITIONS OF INSTALLATION

1. GENERAL
In these conditions of sale:

The company means Resin Bound Surfaces Group Installations Ltd, Unit 2, Brook House, Larkfield Trading Estate, New Hythe Lane, Larkfield Kent ME20 6SW.

Tel: 01732 845007 Email: mail@resinbondedsurfaces.co.uk
 
The following Terms and Conditions shall apply exclusively to all sales and supplies. Any deviating agreement or amendments are only valid if approved expressively by us in writing and shall in any case be only valid for the specific order for which they are agreed upon; for later orders, only our Terms and Conditions of Sale and Supply shall be valid.
2. DEFINITIONS
Buyer means the individual or organisation that buys or agrees to buy the Goods or Goods and Services from the Seller.
Seller means Resin Bound Surfaces Group Installations Ltd
Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
d ) Contract means the contract between the Seller and the Buyer for the sale and purchase of Goods or Goods and Services incorporating these Terms and Conditions.
Goods means the Bondtex, Boundtex, Stonetex or AquaPave or other products or items that the Buyer agrees to buy from the Seller.
Services means the installation service we provide to install the Goods onto the Buyer’s site or any other Services that we may provide from time to time.
Terms and Conditions means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.
3. CONDITIONS
Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
These Terms and Conditions shall apply to all contracts for the sale of Goods and Services by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. Any complaints should be addressed to the Seller's address at Unit 2, Brook House, Larkfield Trading Estate, New Hythe Lane, Larkfield Kent ME20 6SW.
Any specific notes on our quotation or acknowledgement of order, when duly authorised, will take precedence over any conflicting statements in these Terms and Conditions.
Our quotations do not allow for any retentions being held against Resin Bound Surfaces Group Installations Ltd.
Interest may be charged on late payments in accordance with the Late Payments of Commercial Debts (Interest) Act and amendments. The rate of interest charged will be 5% above the standard Bank of England base rate and will be calculated on a daily basis.
If persistent non-payment results in the Seller using the services of a Debt Collection Agency the buyer will be entirely responsible for the full settlement of the Debt Collection Agency’s fee.
 
QUOTATIONS AND PROPOSALS
 
Quotations and proposals are provided without commitment and no contract between the Resin Bound Surfaces Group Installations Ltd and the customer shall arise unless and until the Buyer places a written order by means of a completed Resin Bound Surfaces Group Installations Ltd Order form and a 10% booking deposit of entire order has been made in full.
Costs contained in a quotation or proposal are those ruling at the date therefore of guidance only. The contract price shall be the current price agreed at the time of the order placed by the buyer. Unless otherwise stated, prices do not include VAT, which will be chargeable once invoiced.
All orders for Goods or Goods and Services shall be deemed to be an offer by the Buyer to purchase Goods or Goods and Services pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
Any credit terms offered by the Seller to the Buyer will be subject to the Buyer satisfying the Sellers credit worthiness criteria.
Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or offered an alternative.
5. PRICE AND PAYMENT
The price of the Goods or Goods and Services shall be that which is stipulated on the relevant quotation. The price is inclusive or exclusive of VAT. Where stated, the price includes delivery charges.
The total purchase price, including VAT and delivery charges, if any, will be displayed on the quotation, or the supply only order form.
After the order is received the Seller shall confirm the details, description and the price for the Goods or Goods and Services.
Payment of the price plus VAT, at the current rate, and any other associated charges must be made within 28 days of the goods being received or Goods having been installed by us unless otherwise agreed when placing order.
The payment terms will be agreed subject to our credit checking procedure.
Our quotations do not allow for any main contractors discount.
Our quotations do not allow for any retentions being held against us.
PAYMENT TERMS COMMERCIAL PROJECTS
The Construction Act requires every "construction contract" to comply with specific payment provisions our conditions of payment are laid out in accordance with and comply to this act.
Upon instruction to commence work we will require a deposit payment of 10% to confirm your booking. This becomes non refundable after 7 days.
A further materials payment of 60% will be required not less than 5 working days before work can commence.
Your invoice may not exceed £5,000 before a payment is made without express written permission.
Written permission, if gained will include the acceptance by the client that the work completed and awaiting payment has been carried out to a satisfactory standard and will not be contested for payment at a later date.
Interim payment amounts will be calculated based on the number of square meters that have been installed.
Large projects requiring more than one day to complete. Work carried out on any day prior to completion will be deemed to be of satisfactory quality without exception and that the client has viewed and accepted the installation to that point.
Resin Bound Surfaces Group Installations Ltd will install an area of upto 2.5% of the total area to be used as a bench mark if requested in writing or by email prior to completing the full installation. If a client does not require a bench mark all standards measuring the quality of Resin Bound Surfaces Group Ltd work will be measured against previously installed projects.
Due dates and dates by which payments must be made will be clearly notified on all invoices.
If a client is in anyway not satisfied with the work carried out this MUST be reported to us not more than 7 days after Resin Bound Surfaces Group Installations Ltd completes the area in dispute.
Defect claims made after 7 days will be treated as warranty claims and subject to the warranty claims terms and conditions.
Installations will be deemed to be of an acceptable standard unless we are otherwise notified by the client in writing up to seven days after the installation is complete.
Interim payments not paid will result in work being suspended and The Company will charge a standing rate of £200 per person, per day until payment is made.
Should the standing time run in to our next scheduled project The Company reserves the right to postpone the project without penalty until payments are up to date.
Payments are due on completion of works unless a prior written agreements has been made and confirmed by the Managing Director of RBSG Installations Ltd.
In the event payment is not received after 28 days a 7 day reminder will be sent, if payment is not received after that a final reminder will be sent. The warranty does not come into effect until suck times that any outstanding funds are recieved in full. If legal proceedings commence, the outstanding funds include any legal feeds or costs incurred by RBSG Materials Ltd.
In the event that legal proceedings are required and if Resin Bound Surfaces Group Installations Ltd is sub-contracting, The Company may notify the main contractors client that the warranty has been cancelled.
In the event that the contract runs for a period greater than 45 days we will require phased payments every 28 days or every £5,000 whichever is accrued first.
The "Final" date by which payments must be received is 7 days after the 28 day completed works invoice is due.
Should the client wish to give notice that the amount due is incorrect this must be received in writing, detailing the reasons. This must reach The Company no later than 5 days before the invoice due date. This will not extend the payment period.
In the event that a client wishes to withhold or offset any part of any invoice the client will be required to notify The Company in writing including the reasons not less than 14 days before the "final" due date.
Invoices going past the "Final" due date without any form of written notice or permission will incur a 10% penalty and interest at 5% over NatWest's base rate will be added for each day that payment is not received.
The Company reserves the right to extend or reduce payment terms periods without prior notice. All works warranties or guarantees are subject to Resin Bound Surfaces Group Installations Ltd payment terms being adhered to and no other terms may supersede these.
Interest may be charged on late payments in accordance with the Late Payments of Commercial Debts (Interest) Act and amendments. The rate of interest charged will be 5% above the standard Bank of England base rate and will be calculated on a daily basis.
If persistent non-payment results in the Seller using the services of a Debt Collection Agency the buyer will be entirely responsible for the full settlement of the Debt Collection Agency’s fee.
Our price is valid for orders placed within 6 months and for Goods installed by us to be completed within 6 months, after which it may be subject to raw material price increases.
Our price assumes that the work can be completed in one visit and that no additional shaping or levelling is required.
Our quotation is conditional on a suitable base (being provided by others) such as asphalt (the preferred option) or if necessary, concrete.
The resin bound system is suitable for use where the maximum weight of a vehicle using the surface does not exceed 2.5 tonnes.
Tolerances for a bound base must not exceed 3mm under a 1 metre straight edge.
Maximum tolerance for an unbound base is 5mm under a 1 metre straight edge.
Any base in excess of the above requirements will require regulating prior to the commencement of our works.
Our quotation is on the basis of suitable edge restraints being provided by others.
Our quotation is on the basis that all traffic management before, during and after installation of the Goods and protection of the uncured surface is provided by others.
Our quotation is based on the assumption that any cracks in the base will be repaired by others and provision made for any movement joints to be extended up..
All quotations are based on normal weekday rates; Monday to Friday 8am -4pm evening/night, weekend and bank holiday work will incur extra costs.
Our quotation is based on the assumption that ready access and suitable parking will be provided for lorries, vans and plant.
Areas installed in excess of the minimum stated on our price will be invoiced.
The final invoice may be less or more than than the minimum stated and is subject to material consumption and final measurement, and are are subject to a revised rate. The final invoice is based on material consumption. Measurements do not take inot account any depth regulation required to ensure the quality of the finish. Prices stated on our quotation will apply for up to 1 visit (this may consist of many consecutive days).
The price is conditional on the total area being made available at the commencement of installation.Any subsequent visits to site not exceeding 250m² will incur a re-visit charge of £800.00. This covers the travelling costs and the costs of our Installation team.
A charge will be made for any delays preventing us commencing work after 1 hour of our agreed start time due to the Buyer not having fulfilled their obligations under the contract. The additional charge will be based upon a flat rate of £110.00 per hour or part hour. Where the delay means that we will have to return an extra day to complete work a revisit charge of £800 will be charged
All areas must be clear of debris and jet washed prior to installation. Any delay on site will incur a charge of £100.
39. If we are carrying out more than one project for one company, and there are outstanding debts or disputes, we reserve the right to postpone the project until the account is brought up to date or disputes are resolved.
PAYMENT TERMS DOMESTIC PROJECTS
Upon instruction to commence work we will require a deposit payment of 10% to confirm your booking. This becomes non refundable after 7 days.
A further materials payment of 60% will be required not less than 5 working days before work can commence.
Your invoice may not exceed £5,000 before a payment is made without express written permission.
Written permission, if gained will include the acceptance by the client that the work completed and awaiting payment has been carried out to a satisfactory standard and will not be contested for payment at a later date.
If a client is in anyway not satisfied with the work carried out this MUST be reported to us not more than 7 days after Resin Bound Surfaces Group Installations Ltd completes the area in dispute.
Installations will be deemed to be of an acceptable standard unless we are otherwise notified by the client in writing up to seven days after the installation is complete.
Interim payment amounts will be calculated based on the number of square meters that have been installed.
Due dates and dates by which payments must be made will be clearly notified on all invoices.
Payments on completed works that are not part of an interim payment plan become due on completion of any works carried out.
In the event that the contract runs for a period greater than 45 days we will require phased payments every 28 days or every £5,000 which ever is accrued first.
The "Final" date by which payments must be received is 7 days after work is completed.
Should the client wish to give notice that the amount due is incorrect this must be received in writing, detailing the reasonsBound Surfaces Group Installations Ltd in writing including the reasons not less than 5 days before the "Final" due date.
In the event that The Company's payment terms are not adhered to we reserve the right to give the client notice to suspend works due to non payment. The notice period in this case will be not less than 7 days.
Invoices going past the "Final" due date without any form of written notice or permission will incur a 10% penalty and interest at 2% over NatWest's base rate will be added for each day that payment is not received.
 
6. CREDIT CONTROL
 
The Company reserves the right to offer or refuse credit. Should you require a credit account you will be required to apply in writing or by email not less than 14 days before the credit is required.
An application for credit will only be considered after we have completed 3 projects for a client all of which have been paid in full and on time.
If any of the payment terms of those three projects are not adhered to we will not offer credit until three consecutive projects have been completed in accordance with our payment terms.
Any credit offered will be subject to new terms and conditions which will be notified in the "credit agreement"
The Company reserves the right to withdraw any credit offered with 7 days notice.
If you would like any further information please email Wendy Radford in Credit Control / Accounts. accounts@resinbondedsurfaces.co.uk
7. DELIVERY AND SERVICE
Goods supplied for installation within the UK will normally be delivered 1 day prior to installation unless otherwise agreed by the seller in advance in writing
Where specific delivery dates or commencement dates for installation of goods by us have been agreed, and where this date cannot be met, the Buyer will be notified and given the opportunity to agree a new date.
The Seller along with the designated haulier shall use its reasonable endeavours to meet any date agreed for delivery or commencement date. In any event time of delivery or commencement date shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery or commencement date.
The Companywill not be responsible for liquidated damages, fines or penalties from a contractor.
Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
Title in any goods sold by the Seller or Goods installed by us shall not pass to the Buyer until payment has been received in full of all sums due to the Seller but the risk in the Goods shall pass to the Buyer upon delivery or installation of the Goods..
As part of our quality assurance plan, final approval samples will be normally sent to the Buyer prior to commencement of the work.
We may need to include occasional joints in the final surface depending on the area laid and other factors. Joints are not a measure of non payment.
9. Light fittings, or any other fittings which will have resin installed around, need to be installed at the correct depth. RBSG Installations Ltd will not be responsible for any depth differences if fittings are uninstalled correctly.
10. Where the seller provides Services the person(s) performing the Services are servants of the Customer and once the Customer instructs such person(s) they are under the direction and control of the customer. The customer shall be solely responsible for the consequences of any instruction, guidance and/or advice given by the person(s) performing the Services except to the extent that such person(s) performing the Services are negligent.
8. RIGHTS OF SELLER
The Seller reserves the right to periodically update prices in accordance with any raw material increases, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
The Seller reserves the right to withdraw any goods from the product range at any time.
The Seller shall not be liable to anyone for withdrawing any Goods from the Product range or for refusing to process an order.
9. WARRANTY
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller.
All other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods or Goods and Services, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
Standard Product Guarantee.
Only valid if the full guidance from Resin Bound Surfaces Group Care and Maintenance instructions are followed
Does not cover damage caused by forceful impact, point loading (inc. high heels), other mechanical damage and excessive usage.
Does not cover damage caused by reflective cracking or subsequent damage caused by reflective damage from the underlying base.
Does not cover wear caused by stones in tyres, including revelling.
Does not cover damage or staining caused by chemicals, solvents (general external agents)
Does not cover damaged caused by repairs made to, or adjacent to, the surface or underlying structural layers.
Does not cover a decrease in permeability caused by ingress of dirt, fine materials or other causes.
Does not cover mineralogical variations (this includes rust spotting) in the aggregate, which have an effect on its aesthetical or , physical or mechanical properties.
Does not cover surface changes due to natural weathering.
Does not cover damage caused by sinkage, tree roots and deformation or wheel tracking of any underlying structural layers.
Is conditional on suitable surface course asphalt (wearing course macadam) or other approved substrate being provided by others. Approval having been confirmed in writing by the Seller.
10. CANCELLATION AND RETURN
The Buyer shall inspect the Goods immediately upon receipt or completion of installation and shall notify the Seller within 2 working days confirming in writing if the Goods or installation are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
Where a claim of defect or damage is made within the 2 working days, the Goods shall be returned by the Buyer to the Seller by a method agreed beforehand by the Seller. If the Goods are found to be defective the Buyer shall be offered the option of a replacement or a full refund (including delivery costs) plus any return charges.
Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return charges within 30 days of return. If the Buyer fails to return the Goods following agreement that the goods can be returned, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
The Buyer will be under a duty to take care of the Goods until they have been recovered. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) within 30 days of return.
Goods to be returned must clearly show the order number obtained from the Seller on the package.
11. HEALTH AND SAFETY
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. The seller can accept no responsibility for damage or injury resulting from the activities of a Buyer. It shall be the Buyers responsibility to comply with any and all Regulations concerning the loading, transport and signing of any vehicle used for carrying goods or substances covered by the requirements to comply with COSHH and other Regulations. Product information literature can be supplied by the seller as requested.
12. INSTALLATION PREPARATION
Substrate and Bases
Bituminous - Depending on surface usage these specifications alter. If you are installing a new asphalt surface in preparation to receive a bonded finish we recommend using top coat HRA ( Hot Rolled Asphalt ) Base coarse asphalt will require pour filling / surface regulating or both. Asphalt should be non porous. Please contact us for more information. The responsibility for testing to ensure the surface is water permeable and suitable for use is soley the responsibility of the client/property owner.
Application to Concrete
Newly installed concrete should be finished to a wooden float or brushes finish and allowed a minimum of 28 days to cure or have a moisture level below 75% RH. Light scabbling or diamond grinding of the surface is recommended if float finished to ensure a good key prior to application. Brushed finishes usually require no scabbling.
Existing concrete surfaces should be scabbled or diamond ground to provide a key unless already suitable. Prepared surfaces should then be primed with primer if required. If the concrete surface is contaminated with oil, water or other liquid contamination it should be heat blasted. Primer should then be applied to the warm surface. Any unevenness or cracks should be repaired prior to application of the resin.
Application to Timber
Timber surfaces must be clean, dry and sanded prior to application of the primer if required. The primer should be allowed to soak in to the timber and cure before the chosen resin and aggregate are applied.
Very dense timber may prevent the resin adhering, if in doubt a small test area should be carried out to confirm suitability.
Application to Steel
Steel surfaces should be shot blasted to SA2.5 and the primed with primer.
Application to Stone Mastic Asphalt (SMA)
The surface draining properties of SMA will lead to excessive absorption of resin and may result in
insufficient material remaining on the surface to adequately anchor the applied aggregate. It is therefore
advised to fill the surface voids with sharp grit in order to minimise resin demand.
e) Application to Steel and Aluminium
1. Pre-treatment of steel and aluminium substrates is confined to those techniques that provide mechanical abrasion. The most commonly employed method is to shot-blast the surface to the recognized, whereby most of the steel has been made bright and the surface is pitted. Alternatively, on flat areas, a good bond can be achieved from coarse grinding with an angle grinder. Wire brushing is not considered adequate since this will not abrade the surface sufficiently well enough to obtain the required key.
2. No priming is necessary, and in all other respects, the resin is applied as aforementioned. The work should be programmed to ensure that newly prepared steel is over-laid as soon as is possible, since any traces of moisture will cause flash rusting which may ultimately impair adhesion. Similarly, any aluminum substrates should be over-coated immediately to reduce the effects of atmospheric oxidation.
f) Application to Wood
1. Resin demonstrates excellent adhesion to wood and on new timber. No preparation is required other than a light sanding.
2. However, untreated exposed wood that has turned grey has been denatured by the action of UV light, resulting in weakness at the surface. These areas should be sanded back to reveal fresh wood prior to over coating with resin. Alternatively if the area concerned is too large the surface should be stabilized by first applying a primer.
3. If both priming and application of resin cannot be completed on the same day, it will be necessary to abrade the primer prior to application of resin.
4. Tools and equipment should be cleaned immediately after use, tested and prepared for next use.
 
NOTE: A suitable steel, wood, brick, stone or aluminium edging should be provided to ensure a neat edge detail. Any advice, recommendation or information given by RBSG Installations Ltd is based on practical experience and is believed to be accurate at the time of publication, no liability or responsibility of any kind (including liability for negligence) is accepted in this respect by the company, its Servants, or Agents. The figures quoted do not constitute specification; they represent typical values obtained for this product
 
13. AFTERCARE
The finished surface should be swept clear of lose aggregate once a month for the first 12 months this is not included in the estimate price. Oil or contaminant spills should be cleaned off immediately by a suitably qualified contractor.
The finished surface should be swept clear of lose aggregate once a month for the first 12 months this is not included in the estimate price. Oil or contaminant spills should be cleaned off immediately by a suitably qualified contractor.
A small amount of stone will remain.
As part of routine maintenance we recommend clients sweep the surface once a month for the first 12-18 months to remove any excess stone. In some instances, once the surface has been installed, tyre marks may be visible. This is caused by dirts and debris on tyres. As the surface weathers, these will no longer be visible. Tyre marks can also be jet washed off.
The average surface depth is 3-5mm dependant on the porosity of the base to which it is being applied. On porous surfaces this can drop to 2mm.
Clients should be aware that due to how the system is applied by screeding the resin then dressing with stone making the resin invisible there is the possibility that there may be small areas of “bleeding through” this means that the stone sinks through the resin leaving the resin showing. Should this happen The Company is happy to repair these areas. Clients should be aware that these repairs may be visible.
Oil, dirt or other common stains can be removed from resin bonded surfaces by applying a suitable household detergent or similar degreaser.
Resin bonded driveways, paths or paved areas should be swept occasionally to remove loose stones.
They can also be cleaned using pressure washers to remove dirt and detritus.
Newly treated resin bonded gravel must be swept to remove excess aggregate, as soon as possible using a mechanical road sweeper* or by hand. A further sweep should be carried out after 1–3 months to remove remaining loose stones.
A visual examination should be carried out to check that no aggregate is left as this could result in the bonded aggregate splitting and working out of the resin. This could negate any warranties agreed with Resin Bonded Surfaces Ltd.
*Mechanical sweepers using metal bristles must not be used
Maintenance guidelines must be adhered to. Failure to comply with the guidelines at http://www.resinbondedsurfaces.co.uk/company/care-maintenance.htm will negate the warranty.
 
14. LIMITATION OF LIABILITY
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.
Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
15. WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
16. FORCE MAJEURE
The Seller 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 outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
17. SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
18. CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
19. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the England courts.
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