Conditions of Contract
In addition to its statuatory obligations, the Company warrants that within a period 5 years of completion of the Contract the Company will makegood, free of charge, any defects which are due to faulty workmanship or materials, provided the facility is treated with reasonable care and any maintenance instructions have been adhered to. Written notice of any claim against this warranty must be received within 14 days of the expiry of
the warranty period.
The Company agrees to provide the equipment and/or execute the works set out on this quotation at the price and in the manner of payment specified in the Quotation and/or in these Conditions. On acceptance of our quotation you are deemed to have agreed to our terms and conditions of purchase.
The Company shall be entitled to payment as stated in the quotation.
In the event of the Purchaser failing to make payment as required by these Conditions, the Company shall be entitled to cancel any discount given and full amounts shall become due.
Provisional costs (PC) are estiamtes of costs only as no accurate cost can be given at the time of quoting.
The price specified in the quotation is based on the cost of wages and materials, plant hire and taxes prevailing at the date of quotation, and is valid for 3 months from the date shown in the Quotation Except that where PC sums are shown adjustments are to be made to the quotation on completionof work.
Any planning permission building permits where required shall be obtained by and any changes related therto be paid by the Purchaser directly to the relevant authority.
The company will work in accordance to the Guidelines laid down by “The Concrete Society 2004”, any circumstantial deviation to the guidelines will be at the company’s discretion.
In carrying out preparatory work on site, implementing the Contract and clearing the site on completion, every possible care will be exercised by the Company to minimise the disturbance caused by vehicles, plant and all equipment using the access routes to reach the working area and the area immediately around the Contract site which is required for the working space and the Company will clear the working area on completion.
During this period the Purchaser will be required to take care to protect the site and its surroundings and in particular to prevent any person or animal not authorised by the Company from trespassing in the working area or interfering with machinery, equipment or other materials stored there. Beyond such reasonable care being taken, the Company does not take responsibility for the cost of reinstatement. Any damage must be notified to the Company in writing within seven days of the occurence.The Company shall not be liable for any delays for any reason whatsoever beyond the reasonable control of the Company including, without prejudice to the generality of the foregoing: inclement weather or unreasonable site conditions, proceedings taken or threatened by other disputes with third parties, delay by other Contractor or workmen or tradesmen engaged or nominated by the Purchaser not referred to in the Quotation, authorised extra or additional items being added to the Contract, any local combination of workmen, strike or lock-out difficulty in obtaining suitable materials, then the Company shall not be liable to the Purchaser for the delay in the completion of the work and a fair and reasonable extension of time for such completion, at least of the period of the delay, shall be allowed by the Purchaser.
In the event of any dispute arising during the course of or subsequent to completion of work, the Purchaser shall not be entitled to withhold payment in excess of an amount representing a reasonable valuation of the work required to rectify or replace the work which is specifically subject to the said dispute.
The Quotation is based on the assumption that excavation will be in normal sub-soils and that no hidden obstacles will be encountered during any part of the work. If rock or running sand, unstable ground, excess water or any other unforeseen circumstances and/or any sevice such as water, gas, electricity, telephone, drainage etc. not previously advised to the Cor pany to exist is met with, the Company reserves the right to charge for any additional work involved. The cost of any work, by the Compnay or others entailed in dealing with same shall be additional to the figure as quoted.
The Quotation assumes that, and is subject to ground conditions being suitable for the carrying put of any such work. Any additional cost incurred by local body requirements, Engineers requirements, or which the Company reasonably determines is necessary to properly prepare the ground, shall constitute an extra and be paid by the Purchaser upon completion of work.
The Company will exercise all reasonable care to place pattern aligned expansion and contraction joints at his discretion to minimise the chance of cracking, but no guarantee is given against cracking. Sealer coats cannot be guaranteed (see Users’ Guide).
The nature of the process causes variations in the depth of imprint. Every effort will be made, however, to achieve consistency of depth to the Purchasers requirements.
The process tends to imitate the traditional finish of bricks and cobblestones and all surfaces blemishes are part of the finished product and left at the Company’s discretion.
The nature of materials and processes used make it unavoidable that apparent variation in texture and colour of the surfacing material may occur. Whilst every possible care will be exercised the Company cannot guarantee colour and texture matching to closer tolerances than those inherent in the materilas and processes used.
The Purchaser is responsible for providing complete free and easy access to the working area of the site for materials, machinery and the provision of all necessary electrical, water and other services any additional costs incurred through the Purchaser not providing such shall be chargeable to and payable by the Purchaser.
Concrete products require a curing period after laying operations have been completed. The length of this period is usually governed by the weather and the type, volume and weight of traffic to be encountered. At the time of handing over the completed facility, the Company will advise the Purchaser on this and other precautions that are required to be taken. The Company cannot be held responsible for any damage that may result from the failure to follow these instructions, and such a failure may invalidate the warranty given by the Company under this Contract.
Subject to the provision of the ‘Unfair Contract Term Act 1977′ (or any statuatory modification thereof) the Company shall not be liable for any damage, loss or personal injury whatsoever arising consequential upon or incidental to the use of the works referred to in the Quotation either during the period of construction or at any time thereafter.
This Contract is not subject to cancellation and any deposits paid are non refundable.
The Contract is accepted subject to a satisfactory survey being carried out by the Company, in the event of an unsatisfactory survey the Company reserve the right to cancel the Contract, the customer would be notified within 28 days.
Where part of the work is being carried out by the purchaser our price submitted is based on this work being carried out in a workmanlike manner and strictly to the agreed time schedule with regards to proper preparations so our work is not jeopardised in any way. This particularly applies to the excavation work, Additional costs involved in our work due to bad workmanship or hindrance on the part of the Purchasers workmen will constitute an extra charge to the Purchaser.
Where extra work is ordered by the Purchaser, either in writing or verbally, this order will be confirmed by the Company to the Purchaser in writingand unless within seven days the order is rescinded the same shall be treated as confirmed. Where possible, Quotations will be submitted foradditional works and variations as the Contract proceeds but otherwise will be charged at a fair price, based on the cost of such variations.
The Company shall not be held responsible for minor departures from the Contract specification or drawings made necessary by site conditions or unforseen circumstances.
All materials and equipment on site which form an integral part of the Contract shall remain on the property and shall be in the exclusive possession of the Company until payment in full for the Contract has been made.
This Contract shall be subject to the jurisdiction of the English Courts and construed according to English law. Any dispute arising under it shall be referred to an Arbitrator to be appointed by the parties and in default of the agreement by the President for the time being of the RIBA and whose decision shall be final and binding. Such a reference shall be a submission to arbitration under the Arbitration Act 1950 or any statuatory modification or re-enactment therof.
Any variation in these Conditions must be agreed by the Contractor and Purchaser before commencement of the work and to be valid, shall be signed by all parties concerned.
No responsibility can be taken for clients spreading salts over the finished surface area.
SOMCRETE Guarantee
SOMCRETE offers a materials and workmanship guarantee to all our customers. All workmanship and materials will follow the guidelines specified by the “The Concrete Society – Imprinted Concrete Model Installation Clauses and Guidance 2004”
It is intended to assure our customers that we will carry out all work in accordance with standard construction practices, using the highest quality materials available to us.
The standard specification is designed for a load bearing of up to a maximum of six tonne, and is intended for domestic drives in the UK. The customer must ensure the specification laid out is to their specific requirements and usage. The specification can be altered upon request by the customer at the time of quotation.
Our Guarantee reads-
FIVE YEAR WORKMANSHIP GUARANTEE
THE COMPANY GUARANTEES INDIPENDANTLY THAT THEY WILL MAKE GOOD FREE OF CHARGE ANY FAULTS WHICH ARE A RESULT FAULTY WORKMANSHIPAS ESTABLISHED BY THE COMPANY TO A PERIOD OF FIVE YEARS FROM THE DATE OF COMPLETION AND/OR RECIPT OF FULL PAYMENT.
It’s important to appreciate however that like most guarantees it is subject to certain terms and conditions. To give you a better understanding of these we have taken this opportunity to detail these here.
One of the most important factors when placing your business will be your guarantee.
Our guarantee are subject to certain conditions :-
Subject to adhering to the curing times for our mixes
Not allowed to spread additional compounds on the installation. E.g. Salt
Must be used with reasonable care
Any Maintenance required in the form of sealant must be carried out in order to protect the surface.
Exclusions to our guarantees-
A regular exclusion to most guarantees is consumables. (See the seal warrantee)
The most misunderstood guarantee is fracture. (See the concrete warrantee)
Concrete warranty-
Dear Customer,
We at SOMCRETE DRIVEWAYS try very hard to ensure that for many years to come, that you will have excellent and long lasting concrete Driveway. We will do everything we can to satisfy you as a customer.
Every Installer and assistants at SOMCRETE has been trained to Construct, Place, Print and Finnish our concrete to the highest of industry standards.
We work Hand in Hand with our suppliers (LaFarge Concrete/Tarmac Group) and (PICS UK) to provide you with the highest quality materials available.
What To Expect
Cracks – We take measures to minimise cracking (see “Measures to Minimise Cracking”) by Dividing large area’s into “Separate Concrete Pours” or placing Crack Control Joints in our slabs/Driveways.
Concrete Cracks can appear soon after it is placed. This is largely due to shrinkage hence the reason for the control joints. We do everything we can to control cracking, but there is no guarantee that concrete will not crack in other places.
Cracks three eights of an inch or less (Height difference or gap) is normal.
Fracture of the concrete (Cracking) is subject to many factors out of our control. There are Physical, Chemical, Thermal, and Structural factors which we have no control over, (See “Cracking – Factors out side of our control” To be read in conjunction with “Measures to Minimise Cracking”) therefore we do “the best” to what we do have control over, to minimise the chance of Fracture.
Should the worst happen and the installation fracture, these are normally deemed as hairline, ie. 1-3mm in width and will not cause the concrete any long-term measurable harm. A regular application of our sealant should keep out rainwater. Any growths within the cracks are like cress clover, that are simply plucked out. In time the fractures will “disappear” into the pattern or fill with natural dust and debris and become virtually invisible.
Surface Blemishes –
A common misconception is that your driveway will last and wear the same as internal concrete floors. Unfortunately this is not true. Exterior concrete is subject to inclement weather/temperatures (in the UK Particularly) and heavier loads e.g. Vehicle Traffic.
While concrete is a very durable product it’s not without its flaws. Sometimes the top of the concrete my appear to be popping of flaking off. It quite possible that a stone(s) close to the surface has popped out. This is especially true when printing.
This is nothing to worry about, Popping and Flaking is most common at the end of our drives. This is because the end of the drive is exposed to the most wear, due to vehicle and pedestrian entering and leaving.
In Winter road salts will be dragged onto the drive which can add to the wear of the surface. (Wash off asap) We recommend that any snow is first removed, followed by a scattering of sand. Use salt at your own risk. It will damage the concrete.
Extremes in temperature can affect the surface. Extreme heat can in the summer pop the surface. This can leave the concrete slightly pitted and is only noticeable on close inspection.
The other extreme, the freeze thaw cycles also affect the concrete. Depending on the severity of the frost, this is a lot more destructive than the pitting that, excessive heat can cause.
Shifting –
Most Driveways will have some settlement over time. This is usually minimal and barely noticeable. If you notice your driveway has moved it is nothing to be concerned about. Prolonged temperature change can induce temporary shifting due to expansion and contraction.
This is not something we warranty. We do compact the sub-base under your drive. But there is no guarantee it will not settle. We can not warranty against settling because the sub grade under the 8” of our excavation is something beyond our control.
Texture –
It is possible that your neighbour’s concrete may appear to have a different texture or finish on it. This is very common and is no cause for concern. Variables such as time of year, temperature, weather conditions can affect the texture. These are largely out of our control; we have to work with changing conditions to manipulate the concrete.
Discoloration
Another common misconception is colour. It is not possible for us to match the exact colour of existing concrete. (Raw Concrete) Some if not most drives need two or more loads of concrete. While the Amount of the raw materials remain the same to make the concrete, the makeup of content of the raw materials may vary slightly.
This is especially true if areas have been added to over time. Most of these colour variations are minor and most will fade over time, but they can and do occur.
Concrete cures fastest in the first seven days, after that it continues at a much slower rate for several years or so. This also can affect the colour as the slab matures. It a good thing to keep in mind when planning a project, since this could be more noticeable than the texture or surface blemishes.
Variations in Print
As any drive or patio is printed, there will always be a start point and finish point. As soon as our first matt is printed there will be a lapse of time before the last matt will be printed. The concrete will continue to sett getting firmer and firmer as time goes on hence the can be variations in print depth and texture.
It is rare that the depth in print is noticeable and we will do all that is possible the ensure our customers get the depth of print they require. Shaded areas can take longer to set than those areas of a slab which are in direct sun light this can lead to slight variations in the print.
Variations in Colour (Primary/Secondary Colours)
The primary colour is known as the “Surface Colour Hardener”. It is a mixture of pigment, cement and sand. This is the base colour of the installation. The process requires us to apply it by hand over the whole of the job. This is not an exact science therefore there can be slight variations in the depth of colour.
The secondary colour is known as a release powder. This serves two purposes. Firstly it prevents our mats from sticking to the concrete. (It forms a barrier) Secondly, it adds colour to the joints of the stone sets, cobble or Patten of your choice.
Like the depth of the print is affected by how firm the concrete is at the time of printing. The release also takes differently. A soft print will usually produce an area with an high amount of the secondary colour. Where as a tighter print can produce a lighter amount of secondary colouring.
This is what makes imprinted concrete an art. It doesn’t come out of a mould. It is formed and crafted and ultimately produced on site, under varying conditions. Each job is unique.
What We Warranty
Cracked concrete
We warranty cracks that are 3/8” or greater in separation or height difference. (Industry Standard Before repair or replacement is 3/8”)
Popped Or Chipped Concrete
(Industry Standard before repair or replacement is a minimum of 20%)
We will only repair or replace the section(s) that fall into the category of what we warranty.
We will repair or replace if a minimum of 20% or more of any given section of work we did is popped- pitted, or if small pieces located on the edges happen to break off.
Warranty issues will be addressed during the months of May through to September. This is when the ambient conditions are most likely. It will enable us to complete any remedial work efficiently in order to cause the least inconvenience.
Customer Care Of Concrete
To Maintain You’re Concrete
We ask that no salt ever be used on your concrete. It is crucial that you do not use salt for the first full year. We can not emphasize this point enough. Sand is very safe to use on your concrete and is recommended, especially for the first year.
Popping of concrete on drives where their vehicles are parked is common. During the winter months the salt on the vehicle(s) will drip off onto the concrete. Salt being highly corrosive will eat into the surface of the new concrete. Salt over spray from the road can also affect the entrance of your drive.
Another highly corrosive material is fertilizer. Be careful if you use any fertiliser and wash off immediately any spillage or over spray.
Seal warranty-
Dear Customer,
We at SOMCRETE try very hard to ensure that for many years to come, that you will have excellent and long lasting concrete Driveway. We will do everything we can to satisfy you as a customer.
We work Hand in Hand with our suppliers to provide you with the highest quality materials available.
What To Expect
All our driveways are sealed with an acrylic seal. The seal Provides a number of functions. It provides us with an aesthetically appealing drive. It helps Protects the surface from the elements, and is oil resistant. (Any spillages must be cleaned up at the earliest opportunity)
Under normal weathering conditions the seal is expected to last five years. Taking wear and tear into consideration the seal will need resealing within this time depending on usage.
You can expect the seal to wear between 3 months for heavily used drives up to three years for patios. The approach to any drive is the first place to expect any wear. There is no guarantee on sealer coats.
Once the drive is sealed the crack control joints will be sealed up with mastic/ clear silicone. This is done once again to enhance the aesthetics and prevent silt from collecting in the joints, which in turn weeds will grow. This requires redoing periodically, usually seasonal.
As with most guarantees any consumables are exempt. Since both Seal and Silicone are items of regular wear and tear we can not offer any Guarantee.
What We Warranty
Blooming
All newly placed concrete retains an amount of moisture once it has been placed and left to cure. We endeavour to seal your installation at the earliest opportunity once it has cured, in order for you to use your drive. Concrete takes a lot longer to cure during the winter season retaining moisture which has not been used to hydrate the cement.
Blooming occurs on slabs of newly sealed concrete which has not fully cured. Blooming takes the form of white patches appearing on the installation over a period of time. It is progressive and continues until an acceptable amount of moisture has been released from the drive.
A bloomed drive remains protected and my be used as normal, until we are able to return and de-bloom your installation. There are no adverse affects by using a drive that has bloomed.
There are methods of measuring moisture content in concrete, but these are complex, time consuming and it does not prevent it from blooming. The company will seal the drive when it see fit. The aim being to cause the least inconvenience caused to both parties. If you think your drive has bloomed then please read maintenance section on blooming in our website. There is a standard remedial form for you to fill in. (follow the link above.)
Blooming related Warranty issues will be addressed during the months of April through to September. This is when the ambient conditions are most likely and essential for de-blooming. It will enable us to complete any remedial work efficiently in order to cause the least inconvenience. Resealing is less likely be undertaken during the winter months. Any installation missing the seasonal deadline will be carried forward into the following year. As long as it has been reported within the required time limit.
Customer Care For Seal And Silicone
Any installation must be used with reasonable care and attend any maintenance required. This must be carried out in order to protect the installation. You will notice a slight colour change when the seal wears away because the raw coloured concrete will now be visible, this colour will return once it is resealed. It is the customer’s responsibility to ensure any worn areas are protected.