These Terms and Conditions apply to all residential works undertaken by Aurum Day Ltd ("the Company") and form part of every quotation, contract, invoice, specification, finance agreement, variation order and warranty issued by the Company.

By accepting a quotation, signing a contract, paying a deposit, approving a finance agreement, providing an electronic acceptance or instructing the Company to commence works, the Customer agrees to be bound by these Terms and Conditions.

1.      DEFINITIONS

Company means Aurum Day Ltd.

Customer means the person, persons or entity named within the Contract.

Property means the address where the Works are to be carried out.

Contract means the quotation, specification, drawings, approved variations, warranties and these Terms & Conditions.

Works means all labour, services, materials, equipment, machinery and associated operations undertaken by the Company.

Contract Sum means the total amount payable by the Customer.

2.      QUOTATIONS

All quotations are based upon information available at the time of preparation and visible site conditions only.

Quotations remain valid for thirty (30) days unless otherwise stated.

The Company reserves the right to revise, amend or withdraw a quotation before acceptance.

Quotations are prepared based upon reasonable assumptions and may require amendment where:

·        Site conditions differ from those anticipated;

·        Hidden defects are discovered;

·        Access restrictions exist;

·        Utility services affect the Works;

·        Ground conditions differ from those visible during inspection;

·        Material costs increase significantly before acceptance.

Any dimensions, quantities or measurements contained within quotations shall be regarded as approximate unless specifically stated otherwise.

3.      FORMATION OF CONTRACT

A legally binding Contract shall arise upon the earliest occurrence of:

·        Written acceptance of the quotation;

·        Payment of a deposit;

·        Finance approval and acceptance;

·        Electronic acceptance;

·        Instruction to commence Works.

The Contract shall include these Terms & Conditions and all related contractual documents issued by the Company.

4.      DEPOSITS

The Company may require a deposit before scheduling or commencing Works.

Deposits secure:

·        Labour allocation;

·        Machinery allocation;

·        Material procurement;

·        Administrative preparation;

·        Project scheduling.

Where costs have been incurred or materials ordered, deposits may be retained by the Company to cover such costs, subject to applicable consumer legislation.

5.      PAYMENT TERMS

Payment shall be made in accordance with the payment schedule contained within the quotation, contract or invoice.

Unless otherwise agreed:

·        Deposits are payable before commencement.

·        Interim payments become due immediately when invoiced.

·        Final payment becomes due immediately upon Practical Completion.

The Customer shall not withhold payment due to minor snagging items, cosmetic issues, or matters that do not substantially affect the intended use of the Works.

6.      FINANCE AND CREDIT FACILITIES

The Company may offer regulated third-party finance facilities.

Any finance agreement shall be a separate agreement between the Customer and the finance provider.

The Company:

·        Is not a lender;

·        Does not make lending decisions;

·        Does not guarantee approval;

·        Accepts no responsibility for lending criteria;

·        Accepts no responsibility for interest rates, repayments or finance charges.

Where finance is declined, cancelled, withdrawn or otherwise fails to proceed, the Customer shall remain responsible for all costs reasonably incurred by the Company including:

·        Surveys;

·        Design work;

·        Administrative costs;

·        Ordered materials;

·        Labour allocation costs;

·        Permit fees;

·        Third-party supplier costs.

The Company reserves the right not to commence Works until formal finance approval has been received.

7.      LATE PAYMENT

Where payment is overdue, the Company may:

·        Suspend Works;

·        Withhold warranties;

·        Delay completion;

·        Recover debt collection costs;

·        Recover legal costs where permitted;

·        Commence formal legal action.

Interest may be charged on overdue sums at 8% above the Bank of England Base Rate.

8.      CUSTOMER ACCESS OBLIGATIONS

The Customer shall provide safe, unrestricted and continuous access to the Property.

The Customer shall:

·        Remove vehicles from work areas;

·        Keep access routes clear;

·        Secure pets;

·        Supervise children;

·        Ensure utilities remain available where required.

Additional costs arising from restricted access shall be chargeable.

9.      WORKING HOURS

The Company may determine reasonable working hours and reserves the right to vary them where required to accommodate:

·        Weather conditions;

·        Daylight restrictions;

·        Deliveries;

·        Programme requirements;

·        Health and safety obligations.

10.   DELAYS

All commencement and completion dates are estimates only.

The Company shall not be liable for delays arising from:

·        Severe weather;

·        Supplier shortages;

·        Utility company delays;

·        Local authority restrictions;

·        Health and safety concerns;

·        Hidden site conditions;

·        Customer instructions;

·        Events beyond reasonable control.

Completion dates shall be extended where reasonably necessary.

11.   HIDDEN GROUND CONDITIONS

The Customer acknowledges that the full nature of ground conditions cannot be determined until excavation commences.

The Company shall not be responsible for unforeseen conditions including:

·        Buried foundations;

·        Historic concrete;

·        Hidden tarmac;

·        Excessive made ground;

·        Tree roots;

·        Soft ground;

·        Underground obstructions;

·        Buried waste;

·        Groundwater;

·        Voids;

·        Contaminated materials.

Any remedial works required shall constitute a Variation.

12.   CUSTOMER ACCEPTANCE OF EXISTING GROUND CONDITIONS

The Customer acknowledges that underground conditions are largely unknown before excavation.

The Company does not warrant the condition of existing subsoils, historic construction, drainage systems or concealed structures beneath the Property.

Additional works required as a result of unforeseen conditions shall be chargeable.

13.   UNDERGROUND SERVICES

The Customer shall disclose all known underground services.

These may include:

·        Electricity;

·        Gas;

·        Water;

·        Drainage;

·        Fibre optic cables;

·        Telecommunications;

·        Oil supplies;

·        Septic systems.

The Company shall be entitled to rely upon information supplied by the Customer.

14.   UTILITY STRIKES

Whilst reasonable precautions shall be taken, the Company shall not be responsible for damage to:

·        Undocumented services;

·        Incorrectly mapped services;

·        Concealed services;

·        Services installed at abnormal depths.

The Customer accepts that utility records may not always be accurate.

15.   UTILITY DIVERSION COSTS

Where utility services require relocation, redesign, protection or diversion, all related costs shall be borne by the Customer unless expressly included within the Contract Sum.

16.   DRAINAGE ASSUMPTIONS

Unless expressly included, quotations are based upon the assumption that existing drainage systems operate correctly.

The Company accepts no responsibility for:

·        Existing drainage failures;

·        Historical flooding;

·        Drainage blockages;

·        Runoff from neighbouring land;

·        Water table issues.

Any remedial drainage works shall constitute a Variation.

17.   TEMPORARY WATER DURING CONSTRUCTION

The Customer acknowledges that excavation works may temporarily affect drainage and water runoff.

Temporary ponding, mud, standing water or surface water accumulation during construction shall not constitute defective workmanship.

18.   PARKING AND ACCESS RESTRICTIONS

The Customer acknowledges that access to driveways, garages, parking spaces and parts of the Property may be restricted during construction.

Such restrictions shall not constitute a breach of contract.

19.   WASTE REMOVAL

The Company shall remove waste generated by the contracted works only.

The Company shall not be responsible for removal of:

·        Household waste;

·        Hazardous materials;

·        Asbestos;

·        Contaminated soils;

·        Third-party waste.

Additional disposal costs shall remain payable by the Customer.

20.   VARIATIONS

Changes requested by the Customer after acceptance shall constitute Variations.

Variations may result in:

·        Additional costs;

·        Additional materials;

·        Extended completion dates;

·        Specification amendments.

No verbal variation shall be binding unless confirmed by the Company.

21.   EXISTING DEFECTS

The Company shall not be responsible for pre-existing defects including:

·        Cracking;

·        Settlement;

·        Structural movement;

·        Drainage problems;

·        Subsidence;

·        Defective construction.

Photographs may be taken before commencement to record existing conditions.

22.   NEIGHBOURING PROPERTY DISCLAIMER

The Company shall exercise reasonable care during construction activities.

However, the Company shall not be responsible for defects or movement occurring to adjoining properties where such issues arise from:

·        Existing weakness;

·        Historic deterioration;

·        Pre-existing structural defects;

·        Existing movement.

23.   CUSTOMER RESPONSIBILITIES

The Customer shall:

·        Provide accurate information;

·        Confirm boundaries;

·        Obtain necessary permissions;

·        Cooperate with reasonable requests;

·        Protect personal belongings.

Failure to do so may result in delays and additional costs.

24.   PROPERTY BOUNDARIES

The Customer is solely responsible for identifying and confirming all legal boundaries.

The Company shall be entitled to rely upon information provided by the Customer and shall not be liable for boundary disputes.

25.   PLANNING PERMISSION AND CONSENTS

Unless expressly stated otherwise, responsibility for obtaining any required:

·        Planning Permission;

·        Building Regulation Approval;

·        Landlord Consent;

·        Management Company Consent;

·        Easements;

·        Covenants Approval;

shall remain solely with the Customer.

26.   MATERIALS

Natural materials may vary in:

·        Colour;

·        Shade;

·        Texture;

·        Aggregate size;

·        Pattern;

·        Appearance.

Such variations shall not constitute defects.

27.   RIGHT TO SUBSTITUTE MATERIALS

Where products become unavailable or discontinued, the Company reserves the right to supply alternative materials of equivalent quality and performance.

28.   RESIN SURFACING DISCLAIMER

The Customer acknowledges that resin bound surfaces are made using natural aggregates and resin systems.

Minor:

·        Colour variation;

·        Stone loss;

·        Surface texture changes;

·        Tyre marks;

·        Weathering;

·        Natural ageing;

·        Staining;

shall not be considered defects.

29.   FUTURE MOVEMENT DISCLAIMER

The Company does not guarantee that cracking, settlement, heave or movement will never occur.

Driveways and paved surfaces remain subject to:

·        Ground movement;

·        Soil conditions;

·        Tree roots;

·        Utility works;

·        Weather conditions;

·        External influences beyond the Company's control.

30.   PROPERTY DAMAGE

The Company shall not be responsible for unavoidable damage caused by hidden defects, weak structures or pre-existing instability.

Reasonable care shall always be exercised.

31.   RETENTION OF TITLE

All materials supplied shall remain the property of the Company until all sums due have been paid in full.

32.   PHOTOGRAPHY, VIDEO AND MARKETING

The Company may photograph and record Works before, during and after completion.

Images may be used for:

·        Marketing;

·        Social media;

·        Advertising;

·        Websites;

·        Training;

·        Portfolios.

Customers may opt out by written request before commencement.

33.   CCTV AND RECORDING DEVICES

Customers acknowledge that properties may contain CCTV and recording devices.

The Company reserves the right to maintain its own photographic and video records for quality assurance and dispute resolution purposes.

34.   HEALTH & SAFETY

Customers, visitors, children and pets shall remain outside designated work areas unless expressly authorised.

35.   CUSTOMER DELAYS AND ABORTED VISITS

The Company may charge reasonable costs where appointments are missed, access is unavailable, deliveries cannot be completed or work is delayed due to Customer actions.

36.   SUSPENSION OF WORKS

The Company may suspend Works where:

·        Payment is overdue;

·        Conditions are unsafe;

·        Aggressive behaviour occurs;

·        Customer interference prevents progress;

·        Serious weather events occur.

37.   PRACTICAL COMPLETION

Works shall be deemed practically complete when substantially finished and capable of their intended use.

Minor snagging items shall not prevent practical completion.

38.   SNAGGING AND DEFECTS

The Customer shall provide the Company with a reasonable opportunity to inspect and rectify any alleged defect before engaging third parties.

39.   WARRANTIES

Any warranty issued by the Company shall be subject to separate warranty documentation.

No warranty shall be valid until full payment has been received.

40.   COMPLAINTS AND DEFECT NOTIFICATION

Any complaint or alleged defect must be reported in writing within a reasonable time after discovery.

Failure to notify promptly may affect the Company's ability to investigate.

41.   DEBT RECOVERY AND LEGAL COSTS

The Customer shall be responsible, to the extent legally recoverable, for reasonable costs incurred by the Company in recovering unpaid amounts including:

·        Collection agency fees;

·        Court fees;

·        Enforcement costs;

·        Tracing costs;

·        Solicitor fees.

42.   LIMITATION OF LIABILITY

Nothing shall exclude liability for:

·        Death or personal injury caused by negligence;

·        Fraud;

·        Any liability which cannot be excluded by law.

Subject to the above, the Company's total liability shall not exceed the total Contract Sum paid by the Customer.

The Company shall not be liable for:

·        Indirect losses;

·        Consequential losses;

·        Business losses;

·        Alternative accommodation costs;

·        Loss of enjoyment;

·        Vehicle hire costs.

43.   FORCE MAJEURE

The Company shall not be liable for delays or failures arising from circumstances beyond its reasonable control.

44.   CANCELLATION RIGHTS

Where applicable, the Customer may have cancellation rights under consumer legislation.

If Work commences during a cooling-off period at the Customer's request, the Customer shall remain liable for all reasonable costs incurred up to cancellation.

45.   ELECTRONIC SIGNATURES

Electronic signatures, emailed acceptances and digital approvals shall be legally binding.

46.   ENTIRE AGREEMENT

The Contract constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, representations and correspondence.

The Customer acknowledges that they have not relied upon any statement not contained within the Contract.

47.   SEVERABILITY

If any provision of these Terms & Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

48.   NOTICES

Any notice under the Contract may be served by:

·        Email;

·        Recorded delivery;

·        Personal delivery.

Notice shall be deemed received on delivery or transmission.

49.   DISPUTE RESOLUTION

The parties shall attempt to resolve disputes amicably before commencing formal proceedings.

50.   GOVERNING LAW

These Terms & Conditions shall be governed by the laws of England & Wales

The Courts of England & Wales shall have exclusive jurisdiction over any dispute arising from the Contract.