IDL Home Ltd T/A The Ideal Home
Terms & Conditions of Business guarantees and rights to cancel services.
Definitions & terms
- The term “company” refers to “The Ideal Home” which is the trading name of “IDL HOME Ltd”.
- The term “customer or purchaser” means the person or business engaging the services of the “company”. Engaging our services by means of any form of communication, deposit taking, or verbal instruction will be deemed as authorised and shall be known as the customer.
- The term “quote or quotation” means any form of given meterage rate or fixed cost for a given project or service. Quotes can take the form of written or verbal or part written and part verbal.
- The term “contract or contract for services” means the agreement between the customer and company. An agreement could be but not restricted to a fixed value quotation given (written or verbal), pro rata final bill of quantities or similar.
- The term “Deposit” means payment from customer to company to secure the services of the company and their works program. Deposit payments will be used for the sole purpose of purchasing the project materials, securing sub-contractors or similar and is non-refundable after the cooling off period. See rights to cancel below for further clarification.
- The term “interim payment” means payment from the customer to the company following the completion of the ground works (or site preparations). This will be due immediately following completion.
- The term “final payment” refers to the payment from the customer to the company following satisfactory completion of the driveway and accompanying works as agreed and detailed on the quotation (or other similar communication). This will be due following immediate completion.
- The Term “Cancel” refers to the customers rights to cancel during a set period in accordance with UK trading laws/ rights depending on circumstances of sale.
- The term “PC sum” refers to a non-specified amount of money put aside for unforeseen works that cannot be quoted for until works commence.
- The term “quotation” means any form of written communication between the company and customer pertaining to costs, square meterage, materials or labour.
- The term “works program” refers to the next available date in which the agreed works can begin.
The ideal home will provide a quotation based on several factors including but not restricted to size, ground works anticipated, materials chosen by customer, plant hire and waste removal costs.
A quotation is only an estimate for the perceived costs to the company to carry out the works required. Therefore, we reserve the right to requote during the works if any unforeseen circumstances that arise which could not have been known during the survey/ quotation period. This will mainly be restricted to underground conditions being beyond “reasonable” conditions expected or utilities services found below ground that were not previously pointed out to us by the customer. The customer will be advised of any additional costs associated with these new conditions for their approval.
If your quotation refers to a “PC sum” then this will be the company’s best guess of perceived costs for the whole or part works before the contract begins. Once the contract begins and further information can be ascertained then the customer will be advised, or actual costs associated with these whole or part works.
Most works quoted by the company will be subject to a second survey. If the original quotation requires alterations to customers costs for services, then the customer will be informed by writing or verbal for the customers agreement to continue.
Rights to cancel
Your rights to cancel are based on where the original agreed quotation was carried out. If you are unfamiliar with consumer rights for services under a contract state of engagement, we recommend reading articles published by the Citizens Advise Services or similar. A summary of your rights are as follows.
At your home
You will be entitled to a cooling off period of 14 days and a full refund will be made to you if you decide to cancel. This is known as the “cooling off period”. If a start date has been arranged between both parties for a date less than 14 days of the signed schedule of works (i.e. within the cooling off period), then your deposit may be retained to the value of the materials purchased and/ or plant hire secured by the company to carry out the works for that date. If any works have started either on site or off site, then further charges may be applied to the customer over and above the deposit value if losses have been incurred by the company.
After a 14-day period following the date on the schedule of works or similar documentation, your rights revert to “on site” cancellation rights. You will now be in contract with the company. This is like making a contact at the company’s premises (in contract from original date with no cooling off period). Slightly different rights are in force under these circumstances.
At the company’s premises:
If the agreement and contact between both parties were carried out at the company’s premises or after the 14 days cooling off period has expired (at home agreement – see above) and a deposit has been paid over to the company, then you will be in contract with the company and cancelling the contract with be breaking the agreement. In such circumstances the deposit will not be returnable. There are certain circumstances when a deposit will be returned, and these apply if the company has not met its obligations. If you believe that this is the case, then contact the management members of the company to state your case and reasons. The company is required to investigate and reply to you in a reasonable time scale.
How to cancel your contract:
If you wish to cancel the contract within the given time described above, then we recommend that you contact the company by phone to discuss the circumstances of the cancellation. This should be followed up with written correspondence. This written confirmation of a cancellation notice’s must be received within the required period. Notification by electronic mail is accepted. The company can provide a template letter if required.
Your rights – Installing Resin Driveways or similar
- The company will carry out the contracted works to their best ability and ground conditions will allow. At all times the best products and labour force will be used and managed to ensure the final product is handed over in the best possible condition, look and longevity.
- The customer has the right to be provided with the highest level of service, materials supplied, equipment always used and after care service expected on such a project regardless of size or value and be treated in a courteous and professional manner.
- All ground works and final surface will be laid on to a suitable surface which had been cleaned and stabilised. If we cannot do that then you will be informed of such and written confirmation will be sought before proceeding
- The company will keep the customer informed always of any problems encountered during the installation and will give the customer the opportunity to have their say on the way forward should any incidents occur including alterations to the final visual effects, if different from the original agreed contract.
- Your right to cancel the contract at any point during the installation if you do not believe the company is carrying out the works in a proper manner and a satisfactory conclusion cannot be reached between the two parties.
The company’s rights
The company will carry out the agreed works to their best ability and the ground conditions will allow. You will enjoy years of trouble-free use of your driveway if you maintain and care for it. However, there are circumstances beyond our control that could damage your driveway and as such the company needs the customer to be aware of some of theses situations but not restricted to
- Ground slip meaning movement of any sub layers below the groundworks and resin layer causing visible cracks.
- Damage to the driveway by tree roots or similar.
- Corrosive spills outside of the resin materials capabilities to repel or wash away.
- Person or animal (domestic or wild) walking across uncured resin layer damaging surface and compromising durable properties or leaving indentations.
- Unforeseen weather damage during curing stage or other.
- Lack of maintenance by customer during the lifetime of product or not following manufactures recommendations of care.
- Slips or trips during adverse weather conditions. Suitable footwear must be worn, and personal care should be taken.
- Colour differences between samples, computer generated charts and actual laid products due to batch differences or natural products variations.
- Damage to surface or other by other works carried out on top of, or in the immediate areas by others.
- Shrinkage or removal of adjacent existing landscaping including walls, pathways, lawns or similar.
- Oversized motor vehicles or similar causing damage to laid driveway beyond driveway capabilities.
- Damage to below ground services not previously highlighted to the company before any ground works are started.
- Weed growth will occur in most situations and can be controlled with suitable non-restricted spray products and jet washing and the company cannot guarantee a weed free installation.
- Delays to installation due to weather or program of works will be kept to a minimum and the company cannot be responsible for any disruption to the customers circumstances. No compensation payments will be made for any incident involving delays in laying, curing or gaining access or exiting your property.
- The company will not seek or enquire for planning permission or building permits. If required for these works to be carried out, then this shall be obtained by the customer directly to the relevant authority.
Other items or situations worth noting
Although the company will take care during the works the company cannot be responsible for any damage to surrounding surfaces while carrying out our works. These might include but not restricted to – pavements, grass, lawns, small walls or similar. The Company reserves the right to add reasonable charges for extra works connected to any non-contracted works including but not restricted to repairs to surrounding surfaces as mentioned above.
Hairline fractures may occur in very infrequent cases. This does not affect the overall performance of the surface and cannot be regarded as a defect. Any severe cracking forming within the surface will be mass filled by the company.
Water and electrics services – we will need to be notified of any utilities running under the current surface including gas, electrics, telephone cable or similar. We cannot be held responsible or be held to make payments towards repairs for any damaged services.
The customer is responsible for providing complete free and easy access to the working area of the site for materials, machinery and the provision of all necessary electricity, water and any other services. Any additional cost incurred through the purchaser not providing such may be chargeable to, and payable by, the purchaser, unless such terms have been agreed by the company and purchaser.
Concrete and stone products require a curing period after laying operations have been completed. The length of this period is usually governed by the weather and type of volume and weight of traffic to be encountered. At the time of handing over the completed facility, the company will advise the purchaser on this and any other precautions to be taken. The company cannot be held responsible for any damage that may result from failure to follow these instructions, and such failure may invalidate the warranty given by the company under this contract.
Subject to provision of the unfair contract act term 1977 (or any statutory modification thereof) the company shall not be liable for any damage, loss or personal injury whatsoever, arising consequential upon or incidental to the use of works referred to in the quotation either during the period of construction or at any time thereafter.
Without prejudice to any remedies that the company might have in the cancellation of an order by the purchaser, the company reserves the right to recover such costs that have occurred, however incurred. The contract is accepted subject to a satisfactory survey being carried out by the company.
Any variation in these conditions must be agreed by the company and customer before commencement of the work and, to be valid, shall be signed by all parties concerned.
The company agrees to provide the works at the price set out in the quotation. The contract will be in place once the deposit has been taken, meaning that the customer understands all aspects of the contract and associated terms of business.
The company will process the following payment from the customer based on what type of contract is being agreed. This will be either a “dig and lay requiring ground works or “straight lay” not requiring ground works. Dig and lay requires the following payments- 1) 30% deposit (2) 30% interim on completion of preparatory work. (3) 40% balance shall payable on the day of completed works.
Straight lay will require the following payments – 1) 40% deposit and 2) 60% final payment. The deposit payment is used to purchase the materials for the contract and is non-refundable. The final works (resin layer) will not be carried out unless the interim payment has been made following the ground works/ site preparations.
Unless otherwise stated in writing, the company reserves the right to withhold continual works if payment is not received at the agreed appointment times detailed above. Furthermore, the company reserves the right to charge interest rates of 8% above the bank of England interest rate.
If you wish to cancel the contract and the company has not yet purchased the materials for the contact, then the company will return your deposit but please be advised that if the materials have been purchased then the company is not obliged to return the deposit. The company will endeavour to sell the materials on to another contract and, if this is possible, then the company will return the deposit back to the customer.
All our customers are entitled to their statutory rights and the company will honour and abide by all regulations and rights. The Ideal Home, known as the ‘company’ will also guarantee their works for a period of 10 year for a dig and lay project and 5 years for a straight lay (no ground works) on completion of the contract. The company will make good, free of charge, any defects which are due to faulty workmanship or materials, provided the resin driveway is treated with reasonable care and any maintenance instructions have been adhered to. Written notice of any claim against this warranty must be received within 14 days of the warranty period. The company will be entitled to investigate any claims and time must be allowed to involve manufacturers, suppliers, consultants and/ or others during the investigation period before any conclusions or rectification works are carried out.
The guarantee does not cover such damage as tree roots and deformation of any under laying structural layers or ground shrinkage. Whilst resin bound surfacing is porous, it is only as porous as the natural ground strata’s and soils will allow and, in some circumstances, will puddle for a short period until it can disperse.
General Data Protection Act
All data collected by the company will be used for its everyday business dealing. This stored information will be required and used to enable delivery on materials, work sheets for labour, accounting and administration purposes. Your data will be stored using both electronic and paper methods. The company will not use themselves or pass on to any third party your information or contact details. The company will deem the customers order and deposit to be authorisation to use their contact information for the companies own use during the works being carried.