Terms & Conditions
The terms on which you purchase resin bound driveway, patio and pathway installation from Cherry Home Improvements Ltd.
Our Resin Driveway, Patio & Pathway product is a resin bound stone mix designed for regular residential and occasional commercial vehicle use and foot traffic only, unless otherwise stated.
This document is intended to contain all the terms upon which the purchaser agrees to purchase the installation described overleaf from the company. Any additional term, condition or verbal agreement should be written down for the purpose of clarity and signed by the purchaser and the company's representative. The variation should be noted on the front of the document.
The purchaser shall grant the company's representatives unrestricted access to the premises at all reasonable times for the purpose of taking measurements, of carrying out the works forming the subject of the contract and for any subsequent remedial work if required. In some cases the company may need to site skips or vehicles on the premises in order to complete its contractual obligations. In the event of access being required to neighbouring land it is the purchaser's responsibility to ensure access is granted and the company shall not be held liable for any delays arising out of the purchaser's inability to gain such access.
The purchaser has the right to cancel the agreement and is referred to the notice of cancellation rights below.
As soon as practicable and in any event within 14 days of the date of this agreement the company may (at our discretion and if necessary) arrange an appointment for further detailed measurements of the proposed works to be taken by a representative of the company ("the survey") so that the company may satisfy itself of:
- the technical viability of the works
- compliance with the current laws and regulations
- the appropriateness and viability of the price specified (overleaf) in the light of (a) and (b) above
The survey will be carried out at the earliest opportunity and not later than 21 days after the date of this agreement. The time limits provided in this clause are subject to access being provided by the customer in accordance with clause 2 of the agreement.
The company agrees to supply the products at the price specified in the agreement subject to the surveyor's (if undertaken) approval of the feasibility of the works, the site conditions and correctness of the price. As a result of the findings of the survey (if undertaken), the company may need to carry out additional enquiries and further site investigations to determine the viability of the contract. In those circumstances the company shall send notification to the purchaser within 14 days of the survey advising that the contract is suspended for a period of 28 days from the date of that letter ("the suspension period"). In the event of any modification to the works being required due to the survey, within the suspension period the company shall either cancel the contract or send written notification to the purchaser of any modification required to the works and the price. In the event of any modification to the price being required due to the survey that does not require additional enquiries as set out above, within 14 days of the survey the company shall either cancel the contract or send the purchaser a written notice explaining the reason for any modification required to the works such as either reduced or increased areas, legal requirements or the discovery of gas, electric or other service related issues within the vicinity which were not identified at the time of the original viewing of the property. If the purchaser does not accept the proposed modifications within 14 days of their notification, the contract will be cancelled. Whilst the company shall advise the purchaser of the applicability of the Party Wall Act where appropriate, the purchaser is responsible for ensuring that the necessary consents are obtained and for any costs incurred in complying with the Act. If the purchaser is unable or unwilling to obtain those consents then the contract shall be cancelled. Thereafter, the company reserves the right to cancel the contract only in the event of being unable to reach a mutually agreeable resolution to the issue raised, or in accordance with clause 8.
If the contract is cancelled in accordance with clause 3 or 5 of the agreement any deposit paid shall be returned to the purchaser in full, on the assumption that no works have at this point been undertaken.
If the deposit is not repaid in accordance with clause 6, it shall be held against any charges arising under clauses 9 or 10 where they apply, or in partial settlement against the balance payable on completion of the contract under clause 17.
- The company will not, unless otherwise agreed in writing, make any application for planning permission, water board approval or building regulation consent on behalf of the purchaser.
- If any approval is not forthcoming the company will cancel the contract.
If the contract is cancelled in accordance with clause 8, the company will retain a maximum of 10% of the contract value from the deposit to cover work done and services rendered, including the costs of applying for any relevant approvals.
If the purchaser cancels the contract other than in accordance with these terms and conditions, the company reserves the right to charge the following, which represents the losses and expenses incurred by the company prior to cancellation:
- 0% of the total contract price where the purchaser cancels prior to commencement of a survey (if undertaken) or, if no survey is undertaken, 0% where the purchaser cancels prior to the scheduling and ordering of materials.
- a maximum of 10% of the total contract price where the purchaser cancels after commencement of the survey but prior to ordering of the materials and completion of works;
- a maximum of 80% of the total contract price after labour has been scheduled and materials purchased.
Representatives' and showroom samples and photographs are used to demonstrate a typical installation, its colour and composition. No guarantee is given that the installation will conform precisely with samples due to the natural nature of the product. Diagrams and measurements are used only for the purposes of calculating the price specified overleaf.
All materials used are the best available, but the company accepts no liability in respect of damage to the materials that are due to the fault or neglect of the customer or third party. Concrete block manufacturers will not guarantee against minor imperfections or shade imperfections. Natural stone product colours may vary, including rust spotting. Minor imperfections, chips and size variations within 10% are considered acceptable by suppliers. Final finish dimensions have a tolerance of 30cm. Consequently the company will not be liable for any such imperfections or variations.
Unless otherwise agreed in writing the company will not undertake the resettling of any meters, gas, drainage, waterworks, plumbing or other cabling or channels or the removal of tree stumps/roots. Suitable arrangements should be made by the purchaser for any such work to be carried out prior to commencement of the works required under this contract. Should any such works be discovered during excavation an additional charge will be quoted.
If the specified works are not commenced within the period quoted to the purchaser, the purchaser may serve a written notice on the company requiring that works be completed within a reasonable period, being in any event not less than 6 weeks, as the purchaser may specify. If the work is not completed within that extended period, the purchaser may cancel the contract by serving written notice of cancellation on the company, notwithstanding the foregoing:
- The company shall not be liable for any delay in the completion of the work which arises from causes beyond reasonable control of the company and in particular the company's inability to complete the contract due to adverse weather conditions or product availability and in the event that time has been made of the essence time shall not run during any period when delay on that account is operating; and
- The purchaser shall remain liable to pay such part of the work as has been completed in cases where the purchaser cancels the contract part completed.
Workmanship Guarantee
A Product Failure shall only be deemed to have occurred in the event that, subject to the terms of this Guarantee, there has been an incident of:
- Cracking in the Product; or
- Loose aggregate in the Products; or
- Frost damage to the Products
Whilst care is taken in order to provide the Products in the colours chosen by the end user, some variations in colour may occur as natural aggregates are subject to colour shade changes and may contain minor concentrations of iron minerals which, upon weathering, may result in areas of either rust or spot staining. The Guarantee does not apply to matters of a discrepancy in the colour shades of the Products.
The Guarantee will only apply if payment in respect of the Products has been paid both in full, in cleared funds and within agreed payment terms.
The Company shall not be liable for any loss incurred by any third party or any consequential loss.
Subject to the following exclusions the company undertakes to repair or replace free of charge any installation which proves defective as a result of a faulty product or workmanship within 5 years for driveway and patio products (on straight lay/cover) and for 10 years if there was a dig out (new sub-base) from the date of installation, and for repair or replacement work carried out within the guarantee period. The company accepts no liability in respect of the following:
- damage or deterioration resulting from accident, misuse, natural weathering, storm, earthquake or flood, insects, animals, normal wear and tear, lack of maintenance (including pointing where necessary), impact damage, commercial use or staining caused by any substance whatsoever.
- Any soil or turf, decorative aggregates, loose stone finishes or tarmacing not carried out by the company. This does not affect the company's obligation to exercise reasonable care and skill when performing the contract and to use products that are of satisfactory quality and fit for normal purpose.
- Key bonding, kiln dried sand and any damage to either the installation or any adjoining building caused by the fact that, contrary to the company's advice, the installation has been constructed within 150 millimetres of the damp proof course level in such a way that it obstructs any air bricks.
- Damage arising from the application of any sealant or other coating on installation by the purchaser or any third party.
- Every reasonable effort will be made to ensure that the colour, pattern and finish of any remedial work is completed to the specification of the original contract. The company cannot guarantee that an exact match will be possible due to the product evolution, natural nature of the product and natural weathering.
- Damage caused by movement, expansion or contraction of sub-soil or sub-base due to climate changes, water content, tree root activity, underground or mine workings.
- Subsidence or sinkage of a driveway that is within the tolerance permitted by BS7533. BS7533 permits subsidence of up to 10 millimetres when measured under any 3 metre straight edge or 2 millimetres when measured between adjacent block pavers.
- Any loss of intensity in the colour of the product or the appearance of a temporary white stain, which can appear early in the life of the product. This is the temporary natural phenomenon of efflorescence, which is in no way detrimental to the performance of the product.
- Appearance of any plant growth, such as moss and weeds, which have self-seeded, mould fungus stains. The collection of dirt or debris in the pits of pitted products. Chips, flakes or scuffs on natural stone or landscaping product.
- Installations which are not located on the UK mainland (except Isle of Wight).
- Our inability to provide parts or furniture that match that supplied where items in question have become obsolete, in which case the company shall provide an alternative of at least equivalent quality.
- Any business losses that the purchaser has suffered in relation to the property where installation was carried out, such as (but not limited to) loss of profits, fees, rental or other income.
Further exclusions
The Guarantee also does not cover damage or failure arising from:
- Forceful impact; or
- Unprotected vehicle stabilisers; or
- Vehicles continually dry steering in one location; or
- If there is either deformation or failure of the subbase, this includes but is not limited to sinkage, reflective cracking, tree roots, frost heave and stress cracking; or
- Repairs or any other works carried out to the property where the Products have been applied either on or below the surface or surrounding areas where the Products have been installed; or
- Staining caused by water, chemicals, fuels or other materials; or
- Trafficking by any tracked vehicles such as but not limited to snow ploughs; or
- Natural weathering; or
- Natural wear and tear; or
- Movement or vibrations caused by the use of any heavy equipment or machinery; or
- A natural disaster including, but not limited to, fire, floods, lightning, hurricane, or other acts of God; or
- Any act of negligence, accident, or misuse including, but not limited to, vandalism, falling objects, third parties, agents including plant or animal life, civil disobedience, or act of war.
The company will make good any damage caused by us during installation to lawns, rendering, tarmacing or brick work immediately adjacent to any driveway installed. The company does not undertake to provide matching ceramic or other tiles or specialised finishes such as K-Render, Tyrolean or pebble-dash. Where the company makes good lawns, it cannot guarantee that the turf supplied will match the existing turf. The company accepts no responsibility for any damage we may cause that is a result of structural or other pre-existing defects in the property at which the installation is carried out. Any complaint or claim by the purchaser for compensation for damage by us must be made in writing to the company.
The balance is payable on completion of the installation or on delivery where the contract is for supply only. Payment shall be by BACS made payable to Cherry Home Improvements Ltd.
By signing this agreement, the purchaser confirms that he/she is the owner of the property at which the installation is to take place and that he/she has complete authority to enter into this agreement. The company is only prepared to contract with the purchaser on this basis. The company reserves the right to carry out checks to verify ownership of the property at its absolute discretion if in doubt and may cancel the contract if the purchaser is not the owner or does not have the permission of the owner to undertake the work.
The contract price set out overleaf is inclusive of VAT at the prevailing rate as at the date of contract, unless the contract is noted as being VAT exempt on the front of this document. Any variation in the applicable rate of VAT (for new builds or for disabled persons) must be genuine and clearly stated and documented. If there is any imposition of VAT after the installation date of the contract overleaf this will be passed on to the purchaser.
I give permission for photographic images of works undertaken to be used for promotional purposes only. Every effort will be made to keep the property as unidentifiable as possible.
No guarantees for existing drainage and changes to existing substrate can be given and may be subject to additional costs if extra works are required to ensure improved drainage.
Remedial / damage. The Company will take responsibility for any remedial work required due to failures in the resin bound surface for a period of 10 years from the installation date. The end user will be expected to follow basic instructions to maintain the resin bound surface to ensure its longevity. Failure of, or cracks that may appear in the resin due to failure of the sub base or related ground works will be chargeable to you where we have not undertaken the works.
Customer Requirements - Upkeep
Poor maintenance and not following the aftercare instructions will invalidate any warranty. The care and maintenance guidelines for Resin Bound Surfaces are as follows.
Maintaining Resin Bound Stone (Standard Care)
Your resin bound surface should be regularly swept clean, removing leaves and detritus material in order to prevent moss growth. If the surface has been contaminated with grease, oil or gum etc it should be removed immediately with the appropriate removal products. In order to keep your surface looking its best and to prevent staining, any moss or weed growth should be treated using an appropriate herbicide or weed killer. Any ingrained algal growth can be removed using an appropriate paving cleaner. The colour of the original resin bound surface can be restored by applying a strong bleach solution. The bleach solution should be applied in accordance with the manufacturer's guidelines and local environmental constraints. After application with bleach, the surface must be rinsed well with clean water or lightly jetted. Please note that staining may occur from tannin if surfaces are not kept clean from leaf debris, twigs, conkers etc.
Maintaining Resin Bound Stone (Ice and Frost)
Salt can be used on the surface to help eliminate ice and frost. Once weather conditions return to normal, the salt needs to be washed off thoroughly with a light jet washer lance to remove all traces. Otherwise this can leave white staining on the surface. Periodic general cleaning of the surface can be carried out by cold pressure washing up to a maximum 150 bar rating to remove dirt and grime. The water should be applied using a fan type lance which should be kept 200mm above the installed resin bound surface. Care should be taken however to prevent damage to the surface with excessive water pressure. If the surface is contaminated with any cement or concrete marks these can be removed using a dilute hydrochloric acid solution or a proprietary cement remover. In all cases, we recommend that a small area is carried out first to confirm suitability. Oil stains should be removed as soon as possible; use a mild detergent as required to prevent possible staining and degradation of the surface.
Abnormal usage
Our resin bound system has been designed for normal pedestrian and vehicular traffic use, therefore protection should be provided wherever possible against Abnormal usage. Abnormal usage would be classed as heavy objects such as skips, waste containers etc being stored or moved on your installed resin bound area - these should never be dragged across the surface. The resin bound surface must be protected in any instance of this kind to avoid any impact damage or staining, etc. It is also recommended that point load from heavy objects such as motorbike stands and blunt force items are avoided. Light coloured Resin Bound Surface Blends may show tyre marks - removal by pressure washing as detailed above may be required. Should the surface become damaged, we recommend that repairs are carried out as soon as possible.
Animals
It is the end user's responsibility to keep animals (both wild and domestic) off the resin until it has set. The Company will only repair animal prints when we are fitting the same colour resin within a 30 minute drive under normal conditions. This is due to the time in which the resin is still 'workable', and these repairs will incur a £50 charge to the end user.
Notice of the Right to Cancel
The purchaser has the right to cancel this agreement with The Company if he/she wishes and that right can be exercised by delivering or sending (including by email) a cancellation notice to The Company at any time within the period of 14 days, starting with the day of receipt of this notice in writing of the right to cancel the agreement. Notice of Cancellation is deemed to be served as soon as it is posted or sent or, in the case of email, on the day it is sent. If this agreement is cancelled, any related credit agreement will be automatically cancelled.
The purchaser may be required to pay for goods and services supplied if performance of the contract has begun with the purchaser's written agreement before the end of the cancellation period. If the purchaser wishes to cancel this agreement HE/SHE MUST DO SO IN WRITING and deliver personally or send (including by email) to the address set out on the agreement. If cancelling, please include your name and full address with postcode.
I give permission for commencement of works within the 14 days cancellation period and accept payment of reasonable costs if the work is cancelled within this period.