Diamond Services South East Limited Terms & Conditions
1. Diamond Services South East Limited of 19 – 20 Bourne Court, Southend Road, Woodford Green, Essex, IG8 8HD (“we”, “us”, “our”) will carry out the works specified in this agreement or online proposal (the “Work” or “Works”) for you at the Premises (set out on the agreement front page, online proposal or otherwise agreed) in accordance with the terms set out in this agreement or online proposal (these terms and conditions and any specification of works signed by you and us).
2. We will:
a. use good quality materials;
b. supply materials in accordance with the descriptions set out on the agreement front page or online proposal. Please note, however, that slight variations in colour, shade, texture and consistency may occur and we do not accept responsibility for such variations which may be caused, for example, in the manufacture or storage of concrete products. Nor can we accept responsibility for the temporary phenomenon of efflorescence which can be seen in all products with high cement content (but this phenomenon is not present in clay products);
c. use every possible care to minimise the disturbance caused by our employees, contractors, vehicles, plant and equipment when preparing the Premises for the Work, when carrying out the Work and when vacating the Premises after completion of the Work. You accept, however, that there will be some disturbance to the Premises, the areas surrounding the Premises and the access routes to the Premises;
c. carry out the Work in accordance with your reasonable instructions, as long as these are consistent with the terms of this agreement or online proposal and, in particular, the specification;
e. continually improve our products, materials and methods and may vary the specification from time to time to reflect such improvements or to meet any changes in legal, safety or regulatory standards or requirements provided that such variations do not significantly affect the performance or appearance of the work specified;
f. provide a Total Price as set out on the front of this agreement or online proposal or in accordance with clause 5 below.
g. to the extent that it is reasonable, ensure that you are satisfied with the Works. You will therefore need to bring to our attention as quickly as possible any aspect of the Work that you are not reasonably satisfied with and we will explore with you available options.
3. You will:
a. Pay us the deposit and balance on time as well as any charges that may apply under paragraph 4. Our representatives can accept payment by cheque or cash. Cheques should be made payable to Diamond Drives Services South East Limited;
b. If a payment is late, we will be entitled to charge daily interest on any sum owed by you to us at the rate of 3% above the base rate for Bank of England from time to time. In addition, we may also charge you our reasonable administration costs (such as solicitor or debt collection agency fees) as compensation for breaking the terms of this agreement;
c. Pay us any applicable VAT, charged at the rate applicable on the date of our invoice;
d. Obtain any permission that is necessary for the Works, for example, from a landlord, lessor, local authority (by way of planning permission) or any other governmental department or agency;
e. Provide us with access to the Premises as reasonably required to carry out the Work;
f. Take responsibility for the aftercare of the Works carried out at the Premises once installation is complete, for example watering the lawn; and
g. Whilst we will attempt to carry out a sand sweep at the Premises, if we are unable to do so for any reason it is your responsibility to carry out a sand sweep of the Premises. We will notify you if this is the case and where applicable we will provide you with instructions.
4. The cost of the Works is set out in this agreement and is based on the presumption that excavation will be in normal sub-soil and that no hidden obstacles will be encountered during any part of the Works. We reserve the right to make additional charges that are reasonable for any additional work resulting from unforeseen circumstances including, but not limited to, rock, running sand, unstable ground, insufficient foundation or other weaknesses resulting in the collapse of, or damage to, party walls and other similar structures, excess water, any pipes or conduits (not previously advised to us) used for the carrying of water, gas, electricity, communication, telephone, internet, drainage or other similar services. We will advise you of the nature of the obstacle requiring additional work, if these are discovered, as well as the likely charge in respect of such additional work. If additional charges are more than 40% of the sum agreed between us for the Works, you will have the right to cancel the contract provided that you pay us for: (a) Works performed up to that point; (b) reinstatement of any Works; and, (c) any third-party costs for which we are liable. If you ask us to carry out additional work, for example, additional square meterage, steps, walls or other additional works we will agree a price with you for that additional work. You accept that it will not always be possible to change the agreement to reflect this additional work, and confirm to us that if we carry out the additional work you will pay us the additional amount agreed between us on the terms and conditions set out in this agreement.
5. We will set out the Total Cost of services on the front page of this agreement, but where price cannot be reasonably calculated in advance the price will be calculated by reference to the cost of material per square metre (for example, sawn sand stone £95 per square metre x estimated area). Where measurements provided by you, or on your behalf are inaccurate, we reserve the right to charge the full price for the correct measurements. You accept that measurements for Works which include walls, are taken from the footing of the wall and not from the bottom of the wall.
6. We will reasonably endeavour to commence Work on the Installation Date or within 5 working days of the Installation Date specified in this agreement and time shall not be of the essence. We will not be responsible for any delays in the commencement of Works or for any failure to carry out the Work caused by circumstances beyond our control as set out at clause 8. We will contact you by telephone to let you know the day on which we intend to start the Work. Where possible, we will delay the start of Works on your reasonable request but provided that such delay is for no longer than 14 days.
7. We will reasonably endeavour to carry out the Work within the timescales specified in this agreement but any such timescales shall be estimates only.
8. Circumstances beyond our control include, without limitation, strikes or other industrial disputes, adverse weather conditions, inclement, failure of utilities or transport networks, acts of God, civil commotion, accidents, breakdown of plant or machinery, additional requests by you, unreasonable site conditions, or default of, or late delivery by, suppliers or sub-contractors.
9. We will not be liable for any failure to carry out the Works or losses arising from this failure if the delay or non-performance is caused by a breach of your obligations. Title to any goods supplied as part of these terms and conditions will not pass until we have received full payment in cash or cleared funds for the goods. We have the right to remove those goods if we are not paid, and we have your permission to enter without force, those parts of the Premises that are accessible to remove our goods.
10. NOTICE OF THE RIGHT TO CANCEL
a. You have the right to cancel this agreement within 14-days of the date set out on the agreement front page or online proposal, as this is the date on which you received a copy of this agreement. You can cancel the agreement by sending a clear written notice of cancellation addressed to Ms. C. Edwards – Diamond Services, The Seedbed Centre, Langston Road, Essex, IG10 3TQ or by e-mail on email@example.com. You may use the cancellation notice set out below for this notice, but it is not obligatory. We will identify the contract from your name and address, so we do not need any other reference number or code. Your notice is deemed to be served as soon as it is posted or in the case of emails on the day it is sent. Sometimes, however, written notices may be lost or delayed in the postal system and you may therefore need to prove that the notice was properly addressed, stamped and placed in the post. We therefore recommend that you send the notice by recorded delivery or other similar delivery so that, if we reasonably request, you may easily prove that the notice was properly addressed, stamped and placed in the post. Similarly, emails may not reach their destination and you may therefore need to prove that the email was properly addressed and sent. We therefore recommend that you select options for delivery and read receipts before sending.
b. If you exercise your right to cancel this agreement within the 14-day cooling off period we will reimburse to you all payments received from you.
c. If you requested for Works to begin during the 14-day cancellation period, you shall pay to us an amount which is in proportion to the Works carried out up until the date on which you communicated to us your cancellation of this agreement.
d. If you cancel this agreement after the 14-day cancellation period, you must note that we contractually commit to the supply of materials and sub-contractors soon after we enter into this agreement. You will therefore need to pay to us our reasonable losses and expenses less any deposit paid.
e. If cancellation notice is received after the 14-day cooling but two weeks or less before the Installation date set out on this agreement or online proposal we will charge 100% of the Total Cost set out on the front page of this agreement or online proposal or the price calculated in accordance with clause 5 above. Where relevant, we will mitigate our losses and any expenses that can reasonably be avoided by us will be deducted from the full amount set out in this agreement.
11. We have the right to cancel this agreement if, in the opinion of our surveyor, the Work cannot be satisfactorily carried out. We will arrange for any relevant surveys to be carried out without delay, and notify you of the results as soon as possible after we receive the report. We may also cancel this agreement on giving notice to you at least 7 days before the Works are due to start. If the Work has to be cancelled for such reasons, we will refund to you the deposit paid by you. No interest will be payable on any refunds.
12. If we fail to comply with any provisions of this agreement:
a. we will only be responsible for any losses suffered by you which were a foreseeable consequence of our failure to comply with the relevant provisions of this agreement or online proposal;
b. we will not be responsible for any:
i. loss of income;
ii. loss of anticipated savings;
iii. any waste of time; or
ix. any increase in loss or damage resulting from a breach by you of any of the provisions of the agreement.
c. we are not, in this paragraph 12, limiting in any way our liability for:
i. death or injury caused by our negligence or the negligence of any contractor or sub-contractor;
ii. fraud or fraudulent misrepresentation;
iii. any breach of any obligations implied by relevant statutes and law.
13. If you wish to make a complaint concerning any aspect of our service, please contact us in the first instance by writing to us, sending an e-mail to firstname.lastname@example.org or using our website contact form. We will acknowledge your communication within two working days of receipt. We will investigate your complaint and endeavour to respond within five working days (subject to availability of the support team).
14. If any court or competent authority decides that any of the provisions in this agreement are invalid, unlawful or unenforceable to any extent, that provision will to that extent only, be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.
15. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
16. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
17. If we fail, at any time whilst this agreement is in force, to insist that you perform any of your obligations under this agreement, of if we do not exercise any of our rights or remedies under this agreement, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of the provisions of this agreement shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
18. A person who is not a party to this agreement will not have any rights under or in connection with this agreement under the Contracts (Rights of Third Parties) Act 1999.
19. This agreement will be governed by English law and we both agree to the exclusive jurisdiction of the English courts.
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