Terms & Conditions of Sale
(Covering Goods, Supply and Installation Services)
Definitions
The ‘Seller’ means Styleseal Surfacing Ltd, registered office 3 Weekly Wood Close, Kettering NN14 1UQ, company number 07098770, VAT registration number 794960569.
The ‘Buyer’ means the person, company or organisation who buys or agrees to purchase goods or services from the seller.
The ‘Goods’ is the goods or materials which shall be subject of the contract between the Seller and the Buyer.
The ‘Contract’ means the legally binding contract between the Seller and the Buyer for the sale and purchase of goods and services incorporating these terms and conditions.
The ‘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.
The ‘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.
VAT means Value Added Tax or any similar levy charge for the goods or service.
The ‘Price’ means the price specified in the buyers acknowledgement, quotation or otherwise communicated to the buyer by the seller and agreed.
The seller reserves the right to update these terms and conditions at any time by displaying amended terms and conditions on their website.
1. Conditions
1. 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.
2. Acceptance of delivery, deposit payment or installation of the Goods and services shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
3. 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 at sales@styleseal.co.uk.
4. 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.
5. For commercial contracts our quotations do not allow for any retentions being held against us, (unless specifically stated at the pre -contract stage).
6. Interest may be charged on late payments in accordance with the Late Payments of
Commercial Debts (Interest) Act and amendments. This is applicable to commercial contracts only. The rate of interest charged will be 8% above the standard Bank of England base rate and will be calculated on a daily basis.
7. 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.
2. Ordering
1. Any credit terms offered by the Seller to the Buyer will be subject to the Buyer satisfying
the Sellers credit worthiness criteria.
2. 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 or offered an alternative.
3. Price, Quotation and Payment
1. The total purchase price, including VAT and delivery charges, if any, will be displayed on
the quotation.
2. Payment of the price plus VAT, at the current rate, and any other associated charges must
be made within credit terms agreed or within 7 days of the installation unless otherwise agreed.
3. The payment terms will be agreed subject to our credit checking procedure and a deposit may be requested. No delivery of goods or installation will commence without this payment.
4. Our quotations do not allow for any main contractors’ discount (unless stated at the pre
contract stage).
5. Our price is valid for orders placed within 3 months and for Goods installed by us to be
completed within 6 months, after which it may be subject to raw material price increases.
6. Our price assumes that the work can be completed in one visit or quoted work days and that no additional shaping or levelling is required.
7. Our quotation is subject to a site visit to agree area and levels and depths after the base
has been completed.
8. Our quotation is conditional on a suitable base (if being provided by others) such as asphalt
(the preferred option) or if necessary, concrete.
9. Suitable base tolerances for a bound base must not exceed 3mm under a 1 metre straight edge with a maximum tolerance for an unbound base is 5mm under a 1 metre straight edge.
10. Any base in excess of the above requirements will require regulating prior to the
commencement of our works at an agreed price.
11. Our quotation is on the basis of suitable edge restraints being provided by others unless otherwise stated.
12. 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.
13. Our quotation assumes that any cracks in the base will be repaired by
others and provision made for any movement joints to be extended up through the Paving
layer.
14. All quotations are based on normal weekday rates; evening/night, weekend and bank
holiday work may incur extra costs.
15. Our quotation assumes that ready access and suitable parking will be
provided for lorries, vans and plant.
16. Areas in excess of the minimum stated on our quotation are subject to re-measure after
installation.
17. Areas less than the minimum stated on our quotation are subject to a revised rate.
18.The price is conditional on the total area being made available at the commencement of
installation.
19. Any subsequent visits to site not exceeding 50msq may incur a re-visit charge. This
covers the travelling costs and the costs of our Installation team and will be pre-agreed.
20. 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.
(except where unsuitable weather conditions prevail)
21.The quotation is based on assumption that excavation will be in normal sub-soil and that no hidden obstacles will be encountered. The company reserves the right to charge for additional work involved if encountering rock, obstacles, running sand, unstable ground, water, gas, electric, telephone etc. Any additional costs will be agreed prior to the extra work commencing.
4. Delivery and Service
1. Goods supplied will be within the timeframe quoted for the project with any amendments communicated.
2. 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.
3. Our work is weather dependent and the Seller cannot be held responsible due to delays impacted by poor weather conditions.
4. 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.
5. 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.
6. 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.
7. All concrete surfaces should be firm, clean and dry with all laitance and oil and grease
contamination removed. We recommend that all concrete surfaces are a minimum of 28 days
old and have been primed with a suitable sealer, 24 hours before the installation of Resin
Bound Paving.
8. As part of our quality assurance plan, final approval samples will be normally sent to the
Buyer prior to commencement of the work.
9. We may need to include occasional joints in the final surface depending on the area laid
and other factors.
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.
11. The natural aggregates used are a quarried product and as such there may be colour variations within an installation which may differ from samples provided. The Seller cannot accept responsibility for colour variation.
12. Rust staining – Natural aggregates may contain small amounts of iron which can produce rust staining when exposed to air and water. The seller cannot accept responsibility for this.
5. Rights of seller
1. 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.
2. The Seller reserves the right to withdraw any goods from the product range at any time.
3. The Seller shall not be liable to anyone for withdrawing any Goods from the Product range
or for refusing to process an order.
6. Warranty
1. The Seller warrants that the Goods will at the time of install correspond to the
description given by the Seller.
2. Standard Product Guarantee only valid if the advice of the Seller Care and Maintenance guidance has been followed.
3.Does not cover damage caused by forceful impact.
4.Does not cover damage caused by reflective cracking from an underlying concrete or macadam base, excessive point loads, other mechanical damage and excessive usage.
5.Does not cover damage caused by shrinkage, expansion, frost heave, tree roots and deformation or wheel tracking, hairline fractures, any underlying structural layers, rust spotting or weathering, variations in stone having an effect on physical, mechanical or aesthetic properties.
6. For overlay projects / sub-contract works where the seller has not installed the sub-base the warranty Is conditional upon a suitable surface course asphalt (wearing course macadam) or other
approved substrate being provided by others. Styleseal will assess suitability of existing surface for resin bound/bonded surface but cannot be held culpable for any unexpected issues post installation.
7. Payment is made within the terms of the quotation and invoice.
8. Resin repair to be a patch repair or similar, to localised area.
9. The Seller cannot be held responsible for animal tracks/footprints within surface
7. Cancellation and return
1. The Buyer shall inspect the Goods immediately upon receipt or completion of installation
and shall notify the Seller within 30 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.
2. Where a claim of defect or damage is made within the 30 days, the Goods shall be
Inspected by the Seller. If the Goods
are found to be defective the Buyer shall be offered a reasonable solution.
3. The Buyer will be under a duty to take care of the Goods that are delivered prior to installation.
4. Cancellation after receiving the Buyer’s confirmation will incur a charge for the cost of all
materials and preparation, visits to the Buyer’s site (if applicable), labour (where booked),
delivery to the Buyer (where booked) and administration.
8. Health & Safety
1. 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. Unless negligent, 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.
9. Limitation of liability
1. 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.
2. 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.
10. Waiver
1. 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.
11. Force Majeure
1. 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, weather or 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.
12. Severance
1. 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.
13. Changes to terms and conditions
1. 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.