Terms & Conditions
Terms and Conditions
These terms and conditions relate to all work carried out by AM driveways Ltd, or its associated trading names or affiliate services, and do not affect your statutory rights under English law.
1. Materials:
a. AM driveways Ltd will supply materials in accordance with the descriptions set out in the Quotation/Invoice supplied and approved using best quality materials available.
b. Slight variations in colour, shade, texture and consistency may occur and AM Driveways Ltd do not accept responsibility for such variations which may be caused, for example, in the manufacture, storage or usage of concrete products.
c. Natural aggregates, paving stones, natural stone and stone may contain small amounts of metals which can produce rust staining when exposed to air and water. The presence of metals in natural aggregates, paving stones, natural stone and stone cannot be identified before use and neither AM Driveways Ltd or our suppliers accept responsibility for any rust staining.
d. AM driveways Ltd cannot accept responsibility for the temporary phenomenon of efflorescence which can be seen in all products with high cement or resin content.
e. As some of AM driveways Ltd products involve the laying or installation of natural products by hand, on rare occasions, small marks can be made during the installation process, and AM Driveways Ltd cannot accept responsibility for such marks.
d. We do not cover defects in resin surfaces such as rust mark de-colouration caused by metal contamination in the ground
2. Disruption
a. AM driveways Ltd will 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.
b. 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. AM driveways Ltd will carry out the Work in accordance with your reasonable instructions, as long as these are consistent with the terms of this agreement and, in particular, the Quotation/Invoice agreed.
3. Payment
a. The deposit is payable to AM driveways Ltd on acceptance of the Quotation/Invoice, 50% of the balance is payable to us on completion of the groundwork and the balance of 50% is payable to AM driveways Ltd on the day of completion of the Works (unless otherwise specified on the Quotation/Invoice).
b. AM driveways Ltd schedule the Work following receipt of the deposit by us.
c. The cost of the Works is set out in this agreement and is based on the presumption that excavation will be normal sub-soil and that no hidden obstacles will be encountered during any part of the Works. AM driveways Ltd 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. AM driveways Ltd 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.
d. Any additional agreed work made between AM driveways Ltd and you the customer will be added to the Quotation/Invoice and will again become payable on the day of completion of the Works.
4. Miscellaneous
a. It is your responsibility to obtain any permission that is necessary for the Works, for example, from a landlord, lessor, neighbour, local authority or any other governmental department or agency.
b. Provide AM driveways Ltd with access to the Premises as reasonably required to carry out the Work or where required any correction or repair of the Work.
c. Take responsibility for the aftercare of the Works carried out at the Premises once installation is complete, including curing times for material used.
d. Permit AM driveways Ltd to display a sign, notice or advertisement which can be seen from outside the Premises giving our name and contact details
e. Permit AM driveways Ltd to take photographs or moving images of the Works for use in our portfolio of works carried out, for marketing purposes and/ or promotional purposes provided that such images obscure all personal information and/or car registration numbers.
f. AM driveways Ltd will reasonably endeavour to commence Work on the Estimated Installation Date specified, or agreed with, you.
g. AM driveways Ltd 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. AM Driveways Ltd will contact you to let you know the day on which AM Driveways Ltd intend to start the Work.
h. Where possible, AM Driveways Ltd will delay the start of Works on your reasonable request but provided that such delay is for no longer than 14 days and any request to delay Works will be subject to our availability to reschedule at the time of your request.
i. 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 subcontractors.
j. AM driveways Ltd will not be liable for any failure to carry out the Works or losses arising from this failure if the delay or nonperformance is caused by a breach of your obligations.
k. Title to any goods supplied as part of these terms and conditions will not pass until AM Driveways Ltd have received full payment in cleared funds for the goods. AM Driveways Ltd have the right to remove those goods if AM Driveways Ltd are not paid, and AM Driveways Ltd have your permission to enter without force those parts of the Premises that are accessible to remove our goods
l. If any works are to commence in less that 14 days of the Quotation/Invoice date you will be asked to sign a waiver of the right to cancel agreement, as you have a statutory right to
this. This may be signed electronically and emailed back to AM driveways Ltd
m. 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.
n. 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.
o. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance, or warranty that is not set out in this agreement. Each party agrees that it shall
have no claim that a statement in this agreement is a misrepresentation or misstatement.
p. If AM driveways Ltd fail, at any time whilst this agreement is in force, to insist that you perform any of your obligations under this agreement, or if AM Driveways Ltd do not exercise any of our rights or remedies under this agreement, that will not mean that AM Driveways Ltd have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If AM Driveways Ltd waive a default by you, that will not mean that AM Driveways Ltd will automatically waive any subsequent default by you. No waiver by us of any of the provisions of this agreement shall be effective unless AM driveways Ltd expressly say that it is a waiver, and AM Driveways Ltd tell you so in writing.
q. 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.
5. Exclusions
a. AM driveways Ltd will not be liable for any damage to Works or materials where that damage results from
b. Algae
c. The use of chemicals, bleaches, or contaminants by you
d. Damage, neglect, negligence, misuse.
e. Alteration or staining.
f. Movement, expansion, or contraction of subsoil.
g. Deterioration caused by temperature, weather, water, water content, tree roots or other natural occurrence.
h. Repair or rectification of any alleged defect by anyone not authorised by or affiliated with AM driveways Ltd
i. A failure to follow our instructions for the care of the Works and materials.
j. Any use that is not reasonable or consistent with the purpose of the Works.
k. Wear and tear.
l. A failure to follow manufacturers recommendations for the care of the Works and materials.
m. Any use that is not reasonable or consistent with the materials selected for the Specification of Work because of a failure to notify us of unusual usage for the Works or the use of the Premises for commercial purposes or heavy loads.
n. Weed and moss growth that can occur between paving blocks as, for example, airborne seeds settle into the sand, and AM Driveways Ltd are not responsible for such growth.
o. AM driveways Ltd cannot be held responsible for damage caused to any existing utility services, pipes and cables that have not been installed correctly and to the compliant building regulation depths.
p. AM Driveways cannot be held responsible for the incursion of Horsetail/Mares tails (Equisetum arvense) or Japanese Knotweed (Reynoutria japonica syn. Fallopia japonica) from root systems that have spread from adjoining areas or gardens, due to the specialist nature of the treatment required to fully eradicate these weeds. Any evidence of these found will be highlighted to the customer. These weeds have the growing ability to penetrate Tarmac and in some instances Concrete. The Rhizomes of these plants can come from neighbouring gardens, manure or composts, and may be present as deep as 2m. As such these weeds may encroach well after completion of the work, or be present much deeper than AM Driveways needs to go to prepare ground.
6. Guarantee
a. Provided that you comply with your obligations as set out here AM Driveways Ltd warrant that if there is a material defect in materials or Works supplied by us under the terms of our agreement AM Driveways Ltd will repair or replace, at our absolute discretion, materially defective materials
supplied and installed by us where such defect does not result from the circumstances set out in clause 5 or any other provision of this agreement:
b. For a period of 5 years, where those materials are resin bound surfacing, or porcelain where such products are guaranteed by the manufacturers guarantee and to and if the manufacturer accepts such liability under its guarantee.
c. For a period of 3 years, where those materials are resin bound surfacing, block paving, clay pavers, natural stone, tarmac or porcelain where there is a material defect in in the finished product not covered by clause 5 above
d. For a period of 12 months, where those materials are artificial grass, fence panels, walls, fencing, concrete, pointing, masonry, bricks, or similar materials.
e. You must notify us of any defects that you wish us to consider under this Guarantee: (a) in writing; (b) within 7 days of becoming aware of the defect that you wish us to consider under this Guarantee; (c) setting out as much details of the defect as possible including the date on which
the defect was noted, photographs of the defect and description of the defect.
f. AM Driveways Ltd do not guarantee that any repair or replacement of materials to which this Guarantee applies will be the same colour, pattern, and finish to those originally supplied. Where the same colour, pattern and finish cannot reasonably be obtained AM Driveways Ltd will not replace parts of the Work that have not been damaged. AM Driveways Ltd do not take responsibility for variations in colour in any cases where cracks in resin are repaired.
g. Our Guarantee is limited to the price paid by you for the Works. If the price to repair or replace is more than the price that you paid, you will pay the difference to us before AM Driveways Ltd commence any repair or replacement.
h. This Guarantee is only available to you and is not transferable to any third party if you leave or vacate the Premises.
Additional Information
**Extreme Weather Forecasts**
(Advisory precautions during extreme hot temperatures in the care of your tarmac/asphalt driveway).
The UK has had some extreme hot weather in recent years and is scheduled for more to come in the future. We, like any other company, would advise on taking precautions to protect your tarmac/asphalt driveway to ensure it's longevity when the temperatures rise to an extreme heat status.
The Daily Express and other newspapers have also reported that:
"Asphalt is a bit like chocolate - it melts and softens when it's hot and goes hard and brittle when it's cold - it doesn't maintain the same strength all year round".
When the ambient temperature is reported as 25°C the temperature of the Tarmac can be anything up to 50°C. This is because the surface is black and so absorbs heat.
We don't know when the temperatures are going to reach 'extreme' high temperatures but it's better to be aware of the effects of what might occur. The actual Tarmac temperature is impossible to predict but in high sunlight areas it is potentially going to be getting soft.
To mitigate this and look after your driveway we would recommend a few simple precautions you can make:
1. Water the Drive. Unlike grass, and plants which need to be watered early in the morning and late at night, you can water your tarmac driveway at any time of the day, it will cool the surface and keep it hard.
2. If possible, move as many vehicles as you can off the driveway between 11am and 3pm, especially any really heavy vehicles.
3. Power Steering - Driver's friend, driveways enemy. Lock to lock turning without moving the vehicle forwards or backwards will impact the surface of the drive under normal conditions. When the surface is soft and tacky the front wheels will not only dig into the Tarmac surface, but the tyres may also pick up some tarmac into the tread, affecting the tyre performance and life.
Simple measures to keep your drive looking good!