Standard Terms and Conditions

Conditions of Sale

Interpretation
In this agreement, which consists of the agreed Options as set out in our Sales Proposal and any subsequent or overriding Options as set out in our Sales Invoice “we”, “us” or “our” means Graveltech Driveway Solutions Ltd whose administration office is at the address on the front page of these Terms & Conditions; “you” or “your” means the customer named on the Sales Proposal and/or Sales Invoice relating to this agreement; “the Goods” means the goods described on the relevant Options as set out in our Sales Proposal and /or Sales Invoice relating to this agreement and “the Services” shall mean the installation/fitting of the Goods at your “address” stated on the Sales Proposal and/or Sales Invoice relating to this agreement.
Application of terms
This agreement shall be on these conditions to the exclusion of all other terms and conditions. Any variation to these conditions shall have no effect unless expressly agreed in writing and signed by both parties. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in this agreement (save that this condition shall not exclude or limit our liability for fraudulent misrepresentation).
Description
The quantity and description of the Goods shall be as per the agreed Option(s) as set out in our Sales Proposal and any subsequent or overriding Option(s) as set out in our Sales Invoice. The Customer should satisfy themselves that the description of the Goods as set out in the agreed Option(s) of our Sales Proposal and any subsequent or overriding Option(s) as set out in our Sales Invoice(s) is complete and accurate.
Notice of the Right to Cancel
If you change your mind about your order for the Goods and Services prior to works commencing, you may cancel this agreement by emailing us at admin@graveltech.co.uk within a minimum of 7 days of work commencing.   This will avoid any doubt and prevent any misunderstanding over whether your right of cancellation has been properly exercised. Notice of cancellation will be deemed to be served as soon as you email it to us. If you cancel this agreement less than 7 days of work commencing, you may be liable for the cost of any used materials or services provided to you with your consent prior to your cancellation of this agreement which cannot be returned to us in a useable condition.
Timing
We shall use reasonable endeavours to meet any performance dates agreed for the provision of the Goods and Services but any such dates shall be estimates only and time shall not be of the essence and shall not be made of the essence by notice. We shall not be liable for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay caused beyond our control in the delivery of the Goods and/or the provision of Services, nor shall any delay entitle you to terminate or rescind this agreement unless such delay exceeds [180] days.
Complaints
A copy of our Complaints Procedure is available upon request; please email admin@graveltech.co.uk. Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted Trader we use Dispute Resolution Ombudsman for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact Which? Trusted traders in the first instance on 0117 456 6031.
Your obligations
You shall co-operate with us in all matters relating to the Services, including providing us, our agents, sub-agreementors, consultants and employees, with access to your premises at the address as reasonably required by us; obtain and maintain all necessary licences and consents and comply with all relevant legislation in relation to the Services. The Customer should not touch, move or use equipment or goods stored by the Company. The Company shall be responsible for the maintenance and storage of equipment and goods whilst on site.
Risk/title
The Goods are at your risk from the time of delivery. Ownership of the Goods shall not pass to you until we have received in full (in cleared funds) all sums due to us and, until such time, you shall hold the Goods on a fiduciary basis as our Bailee, and shall keep them insured on our behalf. We shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed to you. The Company will seek to recover any losses. Our rights under the condition shall survive termination of this agreement.
Payment
In consideration of the provision of the Goods and Services by us, you shall pay the charges as set out in our Sales Invoice(s). You shall pay each Sales Invoice submitted to you by us, in full and in cleared funds. On satisfactory completion of the works you agree to pay the balance due (whether by way of set-off, counterclaim, discount, abatement or otherwise) within the terms as stated on the Sales Invoice(s). Time for payment shall be of the essence. All payments payable to us under this agreement shall become due immediately on its termination despite any other provision. Without prejudice to any other right or remedy we may have, if you fail to pay us on the due date, we may claim interest to a maximum amount of 3% above the bank base rate on late payments; and suspend all Services until payment has been made in full; or terminate this agreement upon 7 days’ notice (unless the default in payment is rectified by you within the 7-day notice period). Any deposit payment paid by you by credit card for a contract of less than £30,000 will be protected under Section 75 of the Consumer Credit Act. If you choose not to pay any such deposit by credit card then the deposit payment will not be protected.
Quality
Where we are not the manufacturer of the Goods, we shall endeavour to transfer to you the benefit of any warranty or guarantee given to us by the manufacturer. Please note that some aggregates may contain concentrates of iron minerals which occur naturally within the deposits; when exposed to air and water, staining or rust spots may occur. Graveltech Driveway Solutions Ltd cannot be held responsible or liable for any loss or damage suffered as a result of staining or rust spots. Graveltech Driveway Solutions Ltd cannot be held responsible for natural occurrences such as: cracking caused by ground movement, subsidence, tree roots, deep seated bulbs or seeds that embed and take root. Natural disasters such as: infestation, disease, extreme temperatures, falling trees, flooding; natural staining caused by leaves, lichen, moss, bird excrement or any other naturally occurring elements and other acts of God. Misuse of the surfaces such as: excessively heavy loads, weight and traffic – our installations are built to residential driveway specifications unless otherwise stated, application of unsuitable chemicals or solvents.  Please be aware that resin bound surfacing is a hand applied product that is trowelled and therefore you can expect that there may be some trowel marks which may show up in certain lighting conditions, we do our best to minimise this but we cannot eradicate this completely.  They should fade with use over time and it is part of the charm of the hand laid product.
Liability
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from this agreement. Nothing in these conditions excludes or limits our liability: for death or personal injury caused by the Company’s negligence; or under section 2(3), Consumer Protection Act 1987; or for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or for fraud or fraudulent misrepresentation.
Force majeure
We reserve the right to defer the performance date of agreement or to cancel this agreement if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 180 days, you shall be entitled to give notice in writing to us to terminate this agreement.
General
If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this agreement, and the validity and enforceability of the other provisions of this agreement shall not be affected. Failure or delay by us in enforcing or partially enforcing any provision of this agreement shall not be construed as a waiver of any of our rights under this agreement. The parties to this agreement do not intend that any term of this agreement shall be enforceable by virtue of this agreements (Rights of Third Parties) Act 1999 by any person that is not a party to it. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the English courts.