In these Terms and Conditions:
“Company” means Designer Decking Limited.
“Customer” means the person, company or organisation entering into the Contract with the Company.
“Contract” means the quotation, sales agreement, specification, these Terms and Conditions, the Company Warranty and any written variation agreed by the parties.
“Goods” means all products, materials, components and equipment supplied by the Company.
“Works” means all installation, fitting, construction and associated services carried out by the Company.
“Practical Completion” means the point at which the installation is substantially complete and capable of normal intended use.
The Contract constitutes the entire agreement between the Company and the Customer.
The Customer acknowledges that they have not relied upon any verbal statement, representation or assurance not expressly confirmed in writing by an authorised representative of the Company.
No oral discussions, estimates, sales representations or informal statements shall form part of the Contract unless expressly incorporated in writing.
Acceptance of the Company quotation, payment of any deposit, signing of any sales agreement or permitting commencement of works shall constitute acceptance of these Terms and Conditions and the Company Warranty.
The Customer confirms they have been given a reasonable opportunity to review these documents before entering into the Contract.
All quotations remain valid for thirty (30) days unless otherwise stated.
Quotations are based on information available at the time of survey and may be revised where unforeseen site conditions, specification changes or additional works arise.
The Company reserves the right to revise quotations where:
Hidden structural defects are discovered
Ground conditions differ materially from expectations
Access difficulties arise
Additional support works are required
Customer variations are requested
Supplier costs materially increase
All Contracts remain subject to final site survey approval.
The Company reserves the right to cancel or amend the proposed works where:
Ground conditions are unsuitable
Existing structures are inadequate
Structural concerns arise
Installation cannot safely proceed
Customer expectations cannot reasonably be achieved
Any installation, fitting or delivery date is an estimate only.
The Company shall not be liable for delay caused by:
Adverse weather
Supplier or manufacturer delays
Material shortages
Illness
Labour shortages
Transport disruption
Site access issues
Customer-requested changes
Force majeure events
Any circumstances beyond the Company’s reasonable control
Time shall not be of the essence unless expressly agreed in writing.
The Customer shall ensure safe, unrestricted and adequate access to the property and installation area.
Failure to provide access may result in:
Wasted labour charges
Rescheduling charges
Storage costs
Additional transport charges
Delayed completion
The Customer must notify the Company at least 48 hours before the installation date if access will not be available.
The Customer is responsible for:
Obtaining planning permission
Building regulation approval
Site licence approvals
Holiday park permissions
Landlord/freeholder consent
Any other statutory approvals unless expressly agreed otherwise in writing
The Company shall not be liable for any enforcement action, delays, removal costs or losses arising from failure to obtain permissions.
The Customer shall also:
Remove furniture, valuables, vehicles and obstructions
Ensure safe access
Keep children and pets away from work areas
Disclose any known underground services or hazards
The Customer must disclose the location of any known underground pipes, drainage, septic systems, cables, utilities or concealed hazards.
The Company shall not be liable for damage to undisclosed, inaccurately identified or unknown underground services.
Deposits secure labour scheduling, administration and material procurement.
Deposits may therefore be non-refundable except where statutory cancellation rights apply.
Unless otherwise agreed in writing:
Deposit payments are payable upon acceptance
Final balances are due immediately upon Practical Completion
Supply-only balances are due on delivery
The Company reserves the right to charge interest on overdue amounts at 5% per annum above the Bank of England base rate, accruing daily.
The Customer shall also be liable for:
Debt recovery costs
Legal fees
Collection charges
Administrative recovery costs
All Goods remain the property of the Company until paid for in full.
The Company reserves the right, where lawful, to recover unpaid Goods.
Where the Customer requests installation of customer-supplied products or third-party sourced materials:
No product warranty shall apply
Workmanship warranty may be limited
Compatibility risks remain the Customer’s responsibility
The Company shall not be liable for defects, incompatibility or premature failure of customer-supplied materials.
The Company shall not be responsible for:
Ground movement
Subsidence
Settlement
Holiday park movement
Structural movement of existing buildings
Hidden defects
Drainage deficiencies
Inadequate pre-existing structures
Moisture-related movement outside the Company’s control
Timber is a natural product and may naturally:
Shrink
Expand
Twist
Warp
Crack
Split
Move with moisture and temperature
Such natural characteristics shall not constitute defective workmanship.
Composite decking, balustrades, pergolas, verandas, glazing systems and external products are exposed to weather and environmental conditions.
The following shall not constitute defects:
Natural expansion/contraction
Minor flex or movement
Surface water retention
Temporary water marking
Cosmetic weathering
Minor level variation
Manufacturing tolerances
Colour variation
Batch variation
Surface temperature changes
Slight dimensional tolerance differences
The Company does not manufacture third-party products supplied as part of the Contract.
This includes but is not limited to:
Composite decking boards
Glass clamps
Glass panels
Balustrade systems
Pergolas
Verandas
Aluminium products
Powder-coated products
Stainless steel products
Hardware
Lighting
Gates
Hinges
Fixings
Such products are supplied subject solely to manufacturer warranties and tolerances.
The Company does not independently warrant:
Product lifespan
Manufacturing defects
Corrosion resistance
Colour retention
Fade resistance
Coating performance
Material integrity beyond installation workmanship
Where appropriate, the Company may assist Customers in pursuing manufacturer claims.
Unless required by law, the Company shall not be liable for:
Removal costs
Labour costs
Reinstallation costs
Scaffold costs
Access costs
Delivery costs
Consequential losses arising from manufacturer defects
Installations near coastal or marine environments are exposed to accelerated deterioration.
Airborne salt, moisture and environmental contaminants may accelerate:
Corrosion
Tea staining
Oxidisation
Powder coating degradation
Surface deterioration
This shall not constitute defective workmanship.
Warranty validity depends upon reasonable maintenance.
Customers must follow all aftercare guidance supplied by the Company and relevant manufacturers.
Failure to maintain products appropriately may invalidate warranty protection.
Where electrical accessories or lighting are supplied, the Company shall not be responsible for connection to electrical supplies unless expressly agreed in writing.
Electrical works must be carried out by appropriately qualified persons.
Customer-requested changes may result in:
Revised pricing
Additional surveys
Delays
Additional labour charges
Revised completion dates
No variation shall be binding unless confirmed in writing.
Visible defects, shortages or snagging issues must be reported in writing within seven (7) days of Practical Completion.
The Company shall be given reasonable opportunity to inspect and remedy valid issues.
The Customer must not instruct third parties without prior written consent.
The Company reserves the right to photograph installations before, during and after works for quality control, warranty evidence, training and dispute resolution purposes.
Identifiable customer details will not be used for marketing without separate consent.
The Company’s structural installation warranty is separate and forms part of the Contract.
Warranty coverage applies only in accordance with its written terms.
Nothing in these Terms excludes liability for:
Death or personal injury caused by negligence
Fraud or fraudulent misrepresentation
Breach of statutory consumer rights
Subject to this:
The Company’s liability shall be limited to the value of the installation works directly carried out by the Company.
The Company shall not be liable for:
Indirect losses
Consequential losses
Loss of enjoyment
Alternative accommodation
Third-party contractor costs
Delay losses
Manufacturer defects
Environmental deterioration
Customer maintenance failures
Colour mismatch in replacement materials
Where applicable, Customers retain statutory cancellation rights under UK consumer law.
Where cancellation occurs after:
Materials have been ordered
Labour allocated
Survey costs incurred
Works commenced with consent
The Company reserves the right to recover reasonable costs incurred, as permitted by law.
The Company shall not be liable for failure or delay caused by circumstances beyond reasonable control including:
Weather
Flooding
Fire
Epidemic/pandemic
Transport disruption
Supplier failure
Material shortages
Labour shortages
Utility outages
Civil disturbance
These Terms shall be governed by the laws of England and Wales.
Nothing in these Terms affects the Customer’s statutory rights.