EDISON ALCHEMY TWO LTD (Trading As)
THE EDINBURGH DRIVEWAY COMPANY/TEDCO CONTRACTS – TERMS AND CONDITIONS
These Terms and Conditions were last updated in August 2023.
These are the Terms and Conditions of Edison Alchemy Two Ltd T/A The Edinburgh Driveway Company/TEDCO Contracts, a company registered in Scotland under company number SC750624with its registered office at65 High Street Irvine KA12 0AL (“we” or “us”). We are VAT registered with a VAT registration number of 434526305.
These Terms and Conditions govern the sale of Services by us and will form the basis of the Contract between you and us. Before making their Order, you must ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
Definitions: In these Terms and Conditions, the following definitions shall apply:
“Completion” means physical completion of the Services. “Complete” and “Completed” shall be construed accordingly.
“Completion Timescale” means the time period between issue of the Work Confirmation and Completion. “Contract” means the contract for the purchase and sale of Services, as explained in clause 2.
“Deposit” means the 5% deposit payable by you when submitting your Work Order, as a pre-requisite to our issue of the Work Confirmation and ensures we are able to diarise the start time of the Services.
“Premises” means the premises at which we are to provide our Services to you, as detailed in the Specification.
“Price” means the price paid or payable for our Services, as specified in the specification or may be varied by us as permitted by these Terms and Conditions.
“Services” means the services provided by us to you in the delivery of the Work.
“Specification” means the specification outlining the proposal for the Services.
“Work” means the final output of the Services.
“Work Confirmation “means our written acceptance of the Work Order.
“Work Order” means your order for the provision of Services by us.
“you “means the purchaser of the Services, a party to these Terms and Conditions.
2. Specification and Contract
2.1 Following the initial consultation with you, we shall prepare a Specification, setting out all details surrounding the Services. Your submission of a Work Request is an indication that you have accepted the Specification in its entirety and our issue of the Work Confirmation is an indication that we will proceed to provide you with our Services. At this stage, a legally binding contract is formed between you and us.
2.2 For us to be able to issue the Work Confirmation, you must pay the Deposit. The remaining 95% will be payable as per the stages stated in the Specification.
3 Price and Payment Terms
3.1 When quoting you the Price, as stated in the Specification, we will assume that the excavation will be of normal sub-soil, without any hidden obstacles. That being said, we reserve the right to increase the Price to represent any additional work where unforeseen issues are encountered in provision of the Services. These unforeseen issues may include, but not be limited to:
3.1.1 the presence of rock in the excavation site;
3.1.2 running sand;
3.1.3 excess groundwater;
3.1.4 any undisclosed pipes, cables or conduits;
3.1.5 ground instability; and
3.1.6 improper foundations or any other similar weaknesses resulting in the collapse of, or damage to, party walls and other similar structures, excess water.
3.2 Where the Price cannot be reasonably calculated in advance, we will estimate the Price based on the cost of material per square metre. Where you have provided us with measurements which transpire to be incorrectly taken, we reserve the right to amend the Price accordingly.
3.3 We will advise you of the additional charges at the time we become aware of and have been able to assess the impact the unforeseen issues shall have on the Services, the Work and the Price.
3.4 In the event that the additional charges represent more than 50% of the Price, you may cancel the Contract, provided that you pay us for the proportion of Services rendered, the cost of reinstating the site to its pre-contract position, and any third-party costs expenses we incur on your behalf.
3.5 It is possible that you may, in the course of the Services, request that we provide services beyond those quoted for in the Specification. If we are able to accept such changes, we will notify you of the impact this will have on the Price and Completion Timescale, and it will be for you to decide if you would like to proceed. If you accept the additional costs, the Specification and Price will be amended accordingly.
3.6 In the event that any sums due to us under the Contract fall overdue, we reserve the right to
3.6.1 suspend the Services;
3.6.2 charge interest on the overdue sum at the rate of 5% per annum above the Bank of Scotland base rate of from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum; and
3.6.3 refer your matter to a third-party debt collection agency and pursue you for our reasonable legal costs.
4. Our responsibilities
4.1 In the provision of the Services, we:
A. will use materials of good quality;
B. will supply materials in line with the Specification;
C. will use reasonable endeavours to undertake the Services within the Completion Timescales specified;
D. will use reasonable endeavours to provide the Services in such a way as to minimise any inconvenience or disturbance to you, or your neighbours, but you must accept that some degree of inconvenience or disturbance will be unavoidable. We recommend you notify your neighbours of the work to be undertaken in advance;
E. will use reasonable endeavours to provide the Services in accordance with your reasonable instruction, as long as this is consistent with accepted practice and the Specification; and
F. may need to amend the Specification if required to do so due to changes in legal, safety or regulatory standards or requirements.
4.2 Please note that it is possible that the materials provided may vary slightly in colour, shade, texture and consistency, which might arise, for instance, due to manufacture, storage or usage of concrete product. It is also possible that natural aggregates, paving stones, natural stone and stone may contain small amounts of metal which can produce rust staining when exposed to air and water but cannot be identified. Neither we nor the supplier are liable to you for the temporary phenomenon of efflorescence which can be seen in all products with high cement or resin content.
4.3 As the Services may involve the laying or installation of natural products by hand, it is possible that small marks to these products may be made during the installation process for which we cannot be held responsible.
4.4 You understand that any Completion Timescales are estimations only and time shall not be the essence with regards to dates for Completion. We are not liable to you for any delays to the commencement of the Services or any delays caused by a Force Majeure Event, as described in clause 9.1. We will keep you updated on the Completion Timescales and dates on which we will be providing the Services to you.
5 Your responsibilities
By entering into these Terms and Conditions, you agree that you will:
1. pay our invoices, together with any VAT at the prevailing rate, in full and on time;
2. obtain all permissions or consents needed for completion of the Services and Work, including but not limited to planning permission and landlord/management company consent;
3. provide us continued access to the Premises as needed to provide the Services;
4. take responsibility for the aftercare of the works undertaken after Completion, including curing times for material used;
5. sand sweep the Premises if we are unable to do so, and we will provide you with instructions for this;
6. allow us to display a sign advertising our company outside the Premises and
7. allow us to take photographs of the Premises after Completion for promotional purposes, which we may publish online or offline.
6. Warranty
6.1 We offer a 10-yearwarranty of our Work, whereby we will guarantee the Work for a period of 10 years from Completion and will repair or replace, as we see fit, the materials and installation which are deemed by us in our absolute discretion defective (“Warranty”). The conditions of the warranty are that:
A. you cannot claim for any defect does not result from the circumstances set out in clause 3.1 or other provision of the Contract for which we disclaim any liability for; and
B. you have fully complied with all responsibilities set out in clause 5; and
C. you notify us of any defects that you wish us to consider under this Warranty:
i. in writing.
ii. within 7 days of becoming aware of the defect that you wish us to consider under this Warranty; and
6.2 by setting out as much detail of the defect as possible, including the date on which the defect was noted, photographs of the defect and description of the defect.
6.3 We do not guarantee that any repair or replacement of materials to which this Warranty applies will be the same colour, pattern, and finish to those originally supplied. Where the same colour, pattern and finish cannot reasonably be obtained we will not replace parts of the Work that have not been damaged. We do not take responsibility for variations in colour in any cases where cracks in resin are repaired.
6.4 Our Warranty is limited to the Price paid by you for the Services. If the cost to repair or replace the Work exceeds the Price that you paid, you must pay us the difference before we will commence any repair or replacement.
6.5 This Warranty is only available to you and is not transferable to any successors in title of the property where the Premises are located.
7 This Warranty does not affect your rights under the law.
7. Title
Title to any materials, products or goods delivered to your Premises in the course of providing the Services shall be retained by us until we have received payment of the fees in full. Where payments are not paid, you grant us the right to enter without force those parts of the Premises that are accessible to us to remove any materials, products or goods belonging to us or any third parties we have engaged on your behalf.
8. Our liability
8.1 We will be responsible for any foreseeable loss or damage that you may suffer because of our breach of these Terms and Conditions or as a result of its negligence (including that of its employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of said breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
8.2 We will not be liable to you for any failure to carry out the Services or your losses arising from this failure if the delay or non-performance is caused by a breach of your obligations.
8.3 We will not be liable for any damage to materials where that damage is naturally occurring, caused by you, or where such damage was unforeseen. These include, but are not limited to:
8.3.1 plants, weeds or algae, or any weed and moss growth that can occur between paving blocks as, for example, airborne seeds settle into the sand, and we are not responsible for such growth;
8.3.2 your use of chemicals, bleaches or contaminants;
8.3.3 damage, neglect, negligence, misuse, alteration or staining;
8.3.4 the movement, expansion or contraction of subsoil;
8.3.5 deterioration caused by temperature, weather, water, water content, tree roots or another natural occurrence;
8.3.6 repair or rectification of any alleged defect by anyone without our authorisation;
8.3.7 your failure to follow instructions given to you by us or the manufacturer regarding aftercare;
8.3.8 any use that is unreasonable or inconsistent with usual use of the Premises or site, such as allowing a heavy goods to park on a driveway; or
8.3.9 wear and tear.
8.4 In addition, we shall not be liable to you for any damage caused to any existing utility services, pipes and cables that have not been installed correctly and to the compliant building regulation depths.
8.5 We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity, nor for any special, indirect, incidental or consequential damages arising from the Goods or from a breach of these Terms and Conditions.
8.6 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by its negligence (including that of its employees, agents or sub-contractors), or for fraud or fraudulent misrepresentation. Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
8.7 Any financial liability owed to you by us under these Terms and Conditions shall be limited to directly foreseeable loss.
9 Force Majeure
9.1 We will not be liable for any failure or delay in performing its obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to adverse weather conditions, unreasonable site conditions, breakdown of plant or machinery, power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic, or other natural disaster, the default of, or late delivery by, suppliers or contractors, or any other event that is beyond our reasonable control.
9.2 If any Force Majeure Event described under clause 9.1occurs that is likely to adversely affect our performance of any of its obligations under these Terms and Conditions:
9.2.1 we will inform you as soon as is reasonably possible;
9.2.2 our obligations under these Terms and Conditions will be suspended and any time limits that it is bound by will be extended accordingly;
9.2.3 we will inform you when the event outside of its control is over and provide details of any new dates and timescales, as necessary; and
9.2.4 if the event outside of our control continues for more than 60 days, we will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible.
10.Termination
10.1 You have 5 working days from the issue of the Work Confirmation (“Cooling Off Period”) to cancel the Services by serving a notice on us in accordance with clause 13.2. We will acknowledge receipt of your cancellation and shall refund your Deposit, or any sums paid to us under the Contract to you with 14 days.
10.2 Please note that the Services will not commence, nor will we incur any third party expenses on your behalf, during the Cooling Off Period. You may wish to waive the Cooling Off Period by serving written notice on us in accordance with clause 13.2 and the Cooling Off Period will be deemed waived when we respond in writing.
10.3 By waiving the Cooling Off Period, then in the event that you later choose to cancel the Contract within the Cooling Off Period after the Services have commenced, you understand that you will be liable to pay us for all costs and expenses incurred by us and any third party engaged by us on your behalf prior to your cancellation.
10.4 In the event that you cancel this Contract after expiry of the Cooling Off Period, you will be liable to pay us the Price, less the cost of any materials, products or goods not yet purchased by us or any third party on your behalf.
10.5 In the event that our surveyor declares that the Services cannot be satisfactorily undertaken, we reserve the right to cancel the Contract and we will provide you the survey report within a reasonable time of receipt from our surveyor. In addition, we may cancel the Contract any time before 7 days of the scheduled start date of the Services and we will advise you in writing of the reasons. Any sums paid to us by you will be refunded within 14 days of our cancellation.
10.6 Clients must provide a minimum of 30 days’ notice for cancellation of services to receive a full refund. If cancellation occurs within the 30 days’ notice period, we reserve the right to charge a cancellation fee of 20% of the total project quoted. This cancelation fee is necessary to compensate for costs incurred and resources allocated towards the project.
11 Data Protection
We take protection of your personal data seriously. For information on how we handles your personal data, please refer to its privacy policy and cookies policy.
12.Satisfaction Form
Your feedback is important to us, and so after Completion we will provide you with a satisfaction form for you to complete and return to us. Please note that we may use your feedback for testimonials which we may publish in our online or offline marketing material. Please let us know if you would like the feedback to be anonymous.
13.General
13.1 We may transfer its rights and obligations under these Terms and Conditions to another organisation.
13.2 All notices under these terms shall be in writing and be deemed duly given if sent by email and shall be addressed to the most recent email address of the other. For us, the email is info@edinburghdriveway.co.uk. A notice is deemed delivered at the time of transmission, provided you obtain a successful delivery receipt. This shall not apply to the service of legal proceedings.
13.3 These Terms and Conditions are between us and you. Unless stated otherwise, no other person shall have any rights to enforce any of its terms. Accordingly, the Contract (Third Party Rights) (Scotland) Act 2017 shall not apply to these Terms and Conditions.
13.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
13.5 No failure or delay by us in exercising any of its rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
13.6 No variation of these Terms and Conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
13.7 These Terms and Conditions, and any document issued under these Terms and Conditions, constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter.
13.8 These Terms and Conditions, the Contract, and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with Scots law. Any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, the Contract, or the relationship between you and us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Scotland.
14 Contact Details
Should you need to contact us, the contact details are as follows:
Phone: 08005931505
Email: info@edinburghdriveway.co.uk
Post: Edison House 65 High Street, Irvine, KA12 0AL