TERMS & CONDITIONS

Brixham Dampproofing is committed to protecting your privacy & security. We do not sell, rent or trade any personal information to any third party. Any information we obtain will always be used in compliance with all data protection. We follow strict security procedures in the storage and disclosure of information that you have given us.

CONDITIONS OF CONTRACT

The Company in offering Quotations or Estimates for various works does so on the understanding that such Quotations are offered and remain binding on the Company for a period of six months only. Offers accepted after such periods may be subject to price increases because of a worsening problem or as a result of increased material and/or labour costs.

On acceptance of this Offer, the Company will inform the Client of the earliest possible date when the work may be put in hand, or agree on a date to suit the client’s convenience subject to condition 1.

Once a starting date has been agreed the Client undertakes to have completed any preparatory work required to be done for the Company in accordance with the Report & Specification. Any losses resulting to the Company from failure by the Client to complete such preparatory work in time may be charged to the Client. The Company also reserves the right to carry out such work or engage another contractor ie plumber/electrician and invoice the Client for any costs incurred to allow the works to proceed.

Provided seven days notice is given to the Company either in writing with proof of delivery or by a telephone call acknowledged in writing by the Company the Client may postpone an agreed starting date and arrange a new date. Extra costs will then not be incurred as long as the works commence as per condition 1. or by agreement with the Company that the prices quoted will be held by us.

Access to the property (including vehicular access where available) is to be provided to our staff during working hours.

Mains electricity and water supplies are required to be made available to the Company during working hours and without charge.

Should any of the conditions in this contract not be complied with the Company reserves the right to withdraw its’ labour until such time as they have been complied with and other commitments permit our return to site. Any costs incurred by us as a result of circumstances outside of our control resulting in our needing to leave site may be charged to the Client.

The Company will take every precaution to prevent the staining of ceilings/decoration etc. In the unlikely event of a stain occurring from the need to give timbers adequate treatment or as a result of cracks in a ceiling, liability cannot be accepted by the Company. With modern chemicals, however, any water marks can be easily painted over.

Only damage or breakage arising from the negligence of any of the Company’s employees will be repaired or replaced at the Company’s cost.The Company can accept no responsibility for breakage or damage resulting from inherent difficulties known or unknown in the structure when such damage is caused by the inevitable disturbance necessary for the successful carrying out of the treatment specified.

The Company is fully insured as to third party and public liability. The clients should satisfy themselves as to their own insurance position.

TERMS OF PAYMENT

The Company’s Accounts are due for payment by the Client on completion of the contract. (Exceptions to this condition are only valid if made by agreement prior to the acceptance of this offer and confirmed in writing by the Company). A credit surcharge of 10% will be payable in respect of accounts which remain outstanding for a period in excess of 10 days from the date of invoice.
The Company does not normally expect or ask for any payments in advance of works commencing and on contracts of less than £1000 + VAT will invoice for all works on completion. The Company reserves the right to submit fair and quantified interim invoices for contracts larger than this and they will be due for payment immediately on receipt by the Client.

TERMS AND CONDITIONS OF THE GUARANTEE

Where treatments are carried out, under guarantee, the Company undertakes, after the settlement of all accounts in full by the Client, within the Terms of Payment conditions, to issue a Certificate of Guarantee.

The guarantee is on the property and should there be a change of ownership during the term of the guarantee it may be transferred to the new owner or owners and will be honoured by the Company as if to the original Client.
The Company must be informed of any change of ownership and it is the responsibility of the Client to pass on to any new owner all correspondence generated by either the Company or the Client since the contract was completed. Instructions for the change of ownership will be accepted from the existing client or the new owner or solicitor/agent acting for either party. In the event that any documentation has been lost or registration of the new owner is required the Company will make a small administration charge and undertake to supply authenticated copies of any documents or correspondence in its’ possession. For the avoidance of doubt all Clients are advised to ensure that they are aware of any past history that might affect any claim under guarantee.

No guarantee claims will be met unless the original Guarantee, Report, Specification and Invoice are produced. In the event that any of the aforementioned is not available the Company will either supply authenticated copies for which a charge will be made or may accept a claim at its’ own discretion without one or more of the above. The client is advised to read the content of the documents before making a claim to ensure that the problem for which the claim is to be made is one covered by the Guarantee ie works were included in the Report and Specification. In the event of the Company receiving a claim in respect of any of the works under guarantee an inspection fee will be made and this is payable in advance. In the event that a claim is deemed to be valid and total liability assumed by the Company under the Terms and Conditions of Guarantee the inspection fee will be refunded. In the event of the claim being deemed invalid the Company will give its’ best advice to enable the problem to be solved. A quotation for any works required will be made available on request. Should the Client instruct us to carry out all of those works the claim fee will be refunded against the final invoice.
The contract covers all and any types of works offered to be carried out by the Company regardless of the term of the guarantee stated within the report. As the guarantee duration and terms vary dependent on the system or type of work ie rising damp, woodworm, rot, wall tie replacement, tanking etc., it is not possible to list the contents of each guarantee within this contract. Specimen copies of guarantees are available on request.

The Client in placing an order with the Company by any means is deemed to have accepted all of the conditions of both the guarantee and the contract.

The guarantee to be issued applies strictly to the work described in the survey report. In the event of any claim proving valid the Company will undertake to service free of charge only those works that were originally carried out by us ie the timbers treated for woodworm and rot, wall ties themselves, the damp proof course, tanking and membranes. Plaster, rendering and skirtings etc. will only fall within the guarantee if included in the works carried out by the Company originally. Claims for damage to decorations, furnishings, floor coverings, personal effects or consequential loss and the removal and reinstatement of radiators/plumbing, fixtures, fittings, furnishings and floor coverings will not be covered by the guarantee. The Client should ensure that they have private insurance cover in place. If the system being offered includes the installation of electrical equipment ie a water pump, battery transformer etc., it is the responsibility of the Client to ensure that it is receiving a full electric supply. Any electrical equipment installed by the Company will carry a manufacturer’s 1 year warranty after which maintenance and servicing of the equipment becomes the responsibility of the Client.