TERMS AND CONDITIONS
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Event Outside Our Control: is defined in clause 12.2;
(b) Goods: block paving, printed concrete, tarmac and/or landscaping materials;
(c) Initial Payment: being 40% of the contract price;
(d) Installation Guidelines: the written information sheet entitled "About your Installation" that We provide to you;
(e) Order: your order for the Services as set out on the order form;
(f) Services: the installation of the Goods that We are carrying out for you as set out in the Order;
(g) Stage One / Stage Two: as set out in the Installation Guidelines;
(h) Terms: the terms and conditions set out in this document; and
(i) We/Our/Us: Aztec Paving Ltd of Karinya, Quarry Lane, Kingsweston, Bristol BS 11 OQJ.
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2. Our contract with you
2.1 These are the Terms on which We carry out the Services for you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you sign the Order. If you think that there is a mistake, please contact Us to discuss, and please make sure that you ask Us to confirm any changes in writing to avoid any confusion between you and Us.
2.3 We consider that these Terms (and any documents specifically incorporated herein) and the Order constitute the whole agreement between you and Us.
2.4 Please quote your full name and address in all correspondence with Us.
2.5 Our website, catalogue and brochure are solely for the promotion of Our Services in the UK. Unfortunately, We do not accept orders from addresses outside the UK.
2.6 The images of the Goods on Our website and in Our catalogue and brochure are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer's display of the colours or the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.
3. Changes to Order or Terms
3.1 We may revise these Terms from time to time, for example to reflect changes in how We accept payment from you or changes in relevant laws and regulatory requirements.
3.2 If We have to revise these Terms, We will give you at least one month's written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 13.1 (a)
3.3 If you wish to make a change to the Order, including a change to the colour or design, please contact Us as soon as possible. Any change to the Order will only take effect once it is agreed by Us and the contract is amended in writing. Where this means a change in the contract price, We will notify you of the amended price in writing as soon as possible. A change to the Order could also result in a change of anticipated installation date and/or anticipated time frame. Your rights to cancel the Order in accordance with clause 13 are unaffected.
4. Your responsibilities to Us
4.1 You need to ensure that water and electricity is freely and easily available to us free of charge at all times.
4.2 You need to ensure that there is free and easy access to the site for Us and our machinery and materials at all times.
4.3 During the installation, and any subsequent sealing period, access to your property will be restricted. You will need to make suitable alterations to your daily routine.
4.4 During the period of Our working on site, and any subsequent sealing period, it is your responsibility to ensure that the site is kept safe and protected from any outside interference. This includes ensuring that no one interferes in any way with the partly completed or completed works, machinery, plant and equipment. Should anyone interfere in any way, it is your responsibility to obtain their details so that you can make a claim against them for the cost of rectifying any damage caused.
4.5 You need to comply with the Installation Guidelines provided with these Terms. The Installation Guidelines form part of the contract between us.
4.6 It is your responsibility to inform Us of any tanks, sewers, drains, pipes, wires, ducts or conduits in the immediate vicinity of the site.
4.7 If you require the preparation of the site for installation of the Goods to involve the removal of existing surfacing (including, but not limited to, cobbles and block paving) in a re-saleable or reusable condition then you must inform Us of this in writing before the Order is placed. Whilst We shall use all reasonable endeavours to comply with such a requirement We shall not be liable to you for any accidental or unavoidable loss or damage caused to such surfacing during the course of its removal.
5. Imperfections and faults in the goods
5.1 The patterns for printed concrete are created by specialists to the best of their abilities, slight imperfections may occur. These do not amount to a fault.
5.2 Slight colour variations to the Goods may occur, these do not amount to a fault.
5.3 Whilst We will take all reasonable care to ensure that cracking does not occur, no guarantee can be given. Cracking does not amount to a fault.
5.4 The finished Goods are intended to emulate a traditional product, surface blemishes are a part of the finished product. Surface blemishes do not amount to a fault.
5.5 As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. Third-party manufacturer's guarantee of Goods
6.1 The Goods may come with a manufacturer's guarantee. Where applicable please refer to the manufacturer's guarantee provided for details.
6.2 This guarantee is in addition lo your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7. Seller's guarantee of Goods
7.1 We guarantee that on installation and for a period of three years from installation, the Goods shall be free from material defects However this guarantee does not apply in the circumstances described in clause 7.2.
7.2 This guarantee does not apply to any defect in the Goods arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal conditions, accident, negligence by you or by any third party;
(c) if you fail to maintain the Goods in accordance with Our instructions;
(d) any alteration or repair by you or by a third party who is not one of Our authorised repairers; and
(e) any specification provided by you.
7.3 This guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8. Providing Services
8.1 We will provide you with an anticipated installation date and anticipated time scale for the installation when We accept your Order. However, We reserve the right to change the anticipated installation date and the anticipated time scale. We will contact you to let you know when work will commence at least 24 hours prior to commencement of the installation. We will let you know the time scale once work has commenced.
8.2 Unless otherwise agreed in writing, you are responsible for obtaining any
necessary planning permission or building regulations consent, and will do so at your own expense.
8.3 We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 12 for Our responsibilities when an Event Outside Our Control happens.
8.4 We will need certain information from you that is necessary for Us to provide the Services, for example, the colour and design of the Goods. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or We may suspend the Services by giving you notice. We will not be liable for any delay or non-performance where you have not provided this infonnation to Us after We have asked. If We suspend the Services under this clause 8.4, this does not affect your obligation to pay Us any monies already outstanding.
8.5 Once work on site commences, it sometimes becomes clear that alterations to the design contained within the Order are necessary. We shall not be liable for any minor departures from the design contained in the Order form. We reserve the right to install gravel borders if necessary. If a major alteration is necessary We will discuss the matter with you before proceeding.
8.6 We may have to suspend the Services if We have to deal with technical problems, or to make improvements (agreed between you and Us in writing) to the Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. If We suspended the Services under this clause 8.6 this does not affect your obligation to pay Us any monies already outstanding.
8.7 If you do not pay Us for the Services when you are supposed to as set out in clause I0.4, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts. We will contact you to tell you this. This does not affect Our right to charge you interest under clause I0.5.
8.8 If We design the installation for you, We will own the copyright, design right and all other intellectual property rights in the design and any drafts, drawings or illustrations We make in connection with it for you.
9. If there is a problem with the services
9.1 In the unlikely event that there is any defect with the Services or Goods:
(a) please contact Us and tell Us as soon as reasonably possible;
(b) please give Us a reasonable opportunity to repair or fix any defect; and
(c) We will use every effort to repair or fix the defect as soon as reasonably practicable. You will not have to pay for Us to repair or fix a defect under this clause 9.1.
9.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
10. Price and payment
10.1 The price of the Services will be set out on the Order form We confirm your Order. Our prices may change at any time, but price changes will not affect any Order that We have confirmed with you.
10.2 The price of the Services is given on the assumption that the preparation of the ground will not uncover any unforeseen obstacles such as, but not limited to service routes. If additional work is required to prepare the ground then additional charges may be incurred.
10.3 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of performance, We will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
10.4 You need to make the Initial Payment of 40% of the contract price when we begin work. If your contract is for the installation of printed concrete, you will need to make an additional payment of 40% of the contract price when the printing of the concrete commences. The balance of the contract price is due on completion of the Services. Your rights to a refund on cancellation are set out in clause 13 ..
10.5 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
10.6 Title to the Goods will not pass to you until We have received payment in full. If payment is not made in full We may have the right to enter onto your premises and recover the Goods.
11. Our liability to you
11.1 Save as set out in clause 4.7 above, if We fail to comply with these Terms, then, subject to clause 11.2, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into this contract.
11.2 We also have no liability to you for any loss of profit, loss of business or business interruption caused where you run a business from the location where the installation takes place.
11.3 You accept that in order to carry out the installation We may need access over your garden. You accept that We are not responsible for any loss or damage to your garden, grass, plants or trees caused whilst carrying out the damage to your garden, grass, plants or trees caused whilst carrying out the installation. You acknowledge that you are responsible for protecting any valuable (including those of sentimental value) or vulnerable plants.
11.4 We only supply the Goods in connection with an installation by Us. You agree not to use the Goods for any re-sale purpose.
11.5 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
12. Events Outside Our Control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
12.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation adverse weather storm flood earthquake, subsidence, epidemic or other natural disaster, strikes, lock-out; or other industrial action by third parties, civil commotion, riot, im as ion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion or failure of public or private telecommunications networks.
12.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms (including the timing of or time scale for an installation):
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
12.4 We and you may cancel the contract if an Event Outside Our Control takes place and continues for longer than 26 weeks. Please see clauses 13 and 14.
13. Your cancellation rights
13.1 Before We begin to provide the Services, you have the following rights to cancel an Order, including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 3.1 to your material disadvantage:
(a) You may cancel an Order for the Services within 7 calendar days of placing an Order by contacting Us. We will confirm your cancellation in writing to you.
(b) If you cancel an Order under clause I 3. I (a) and you have paid the Initial Payment and We have not started work on your Order We will refund this amount to you.
(c) However, if you cancel an Order after 7 days or under clause 13.1 (a) but by prior agreement We have already started work on your Order by that time, you will pay Us any costs that We have reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us. However, where you have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you may not have to make any payment to Us.
13.2 Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice. In this case you will be liable to Us for such proportion of the contract price as represents the work carried out plus the cost of any Goods ordered where such order cannot reasonably be cancelled.
14. Our cancellation rights
14.1 If We have to cancel an Order before performance of the Order has started:
(a) We may have to cancel an Order before the start date, due to an Event Outside Our Control or the unavailability of stock or key personnel or key materials without which We cannot fulfil the Order. We will promptly contact you if this happens.
(b) If We have to cancel an Order under clause 14.l(a) and you have made any payment in advance, We will refund these amounts to you in full.
(c) Where We have already started work on your Order by the time We have to cancel under clause 14.1 (a), We will not charge you anything and you will not have to make any payment to Us.
14.2 We may cancel the contract at any time with immediate effect by giving you written notice if:
(a) you do not pay Us when you are supposed to as set out in clause 10.4. This does not affect Our right to charge you interest under clause 10.5; or
(b) you break the contract in any other material way and you do not correct or fix the situation within 7 days of Us asking you to in writing; or
(c) it becomes clear to Us that We cannot reasonably proceed to complete the Order. If We cancel the contract under this clause 14.2 we reserve the right to charge for the work carried out up until cancellation together with the cost of any Goods ordered where such order cannot reasonably be cancelled.
15. Information about us and how to contact us
15.1 We are a company registered in England and Wales. Our company registration number is 07378165 and Our registered office is at Karinya, Quarry Lane, Kingsweston, Bristol, BS11 OQJ. Our registered VAT number is 101850359.
15.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Us on 0117 9382208 or by e-mailing Us at [email protected]
15.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to the addresses given in clauses 15.1 or 15.2. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
16. How we may use your personal information
16.1 We will use the personal information you provide to Us to:
(a) provide the Services;
(b) process your payment for such Services; and
(c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
16.2 We will not give your personal data to any third party.
17. Other important terms
17.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
17.2 You may not transfer the benefit of the guarantee in clause 6.1 to any purchaser of your property.
17.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
17.6 These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts.
Terms and Conditions for website usage of Aztec Paving Ltd
The term ‘Aztec Paving Ltd’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Karinya, Quarry Lane, Kingsweston, Bristol, BS11 0QJ. Our company registration number is 07370165. Our VAT number is 101 8503 59. The term ‘you’ refers to the user or viewer of our website.
Other applicable terms
Terms and Conditions of Sale - If you purchase goods from our website then our terms and conditions of sale apply to all sales.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your account and/or your Personal Information.
Intellectual Property and Rights of Use
Content published on this website (including but not limited to digital downloads, images, texts, music, graphics, logos) is the property of Aztec Paving Ltd and/or its content creators and protected by international copyright laws. All such rights are reserved.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, images, appearance and text. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
You may not use any of our trademarks or trade names without our prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Whilst using our website you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
By visiting this website, you agree that the laws of the United Kingdom, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Aztec Paving Ltd and you, or its business partners and associates.
Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaign, and commercial solicitation. The views expressed by users on our site are their own and do no represent our views or values.
We reserve all rights (but not the obligation) to remove and/or edit such content.
License and Site Access
We grant you a limited license to access and make personal use of this website. You are not allowed to download or modify it. This may be done only with written consent from us.
We reserve the right to remove this website and its contents at any time. We do not guarantee that our site, or its content will be free from errors or omissions and you accept that such changes may result in your being unable to access our site whilst we are carrying out works. We will not be liable is for any reason our site is unavailable at any time or for any period.
If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.
We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion. We reserve the right to suspend any accounts that in our reasonable opinion have failed to comply with any of our terms and conditions.
Links to other websites
To improve your experience on this website we may have included links to third party website. Links to third party sites are not under our control and we are not responsible for the content of these linked sites. We will not be held liable for any loss or damage that may arise from your use of them. Any concerns about third party links on our website should be reported immediately to [email protected]
Limitations of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
For any queries regarding our terms and conditions please contact us via email [email protected]o.uk or phone 01179382208