Terms and Conditions

TERMS AND CONDITIONS

 

By accepting any quotation, estimate, or instruction to proceed with works provided by Damp Tech Ltd, whether by signature, email confirmation, message, or verbal agreement, the Client confirms that they have read, understood, and agree to be legally bound by these Terms and Conditions in full.

No works will be undertaken on any other basis, and these Terms and Conditions shall apply to all works carried out unless otherwise agreed in writing by Damp Tech Ltd.

These Terms and Conditions are updated as of December 2024 and are subject to change. The Client is advised to retain a copy at the time of agreement.

1. ROLE OF DAMP TECH LTD
   Damp Tech Ltd shall not, under any circumstances, be deemed or interpreted to be acting as Site Manager, Principal Contractor, Main Contractor, or in any supervisory, coordinating, or controlling role in relation to the project or any other trades or contractors on site.

No assumption, implication, verbal agreement, conduct, or industry practice shall constitute acceptance of such responsibilities.

Damp Tech Ltd may, at its sole discretion, offer informal advice or guidance; however, this is provided on a goodwill basis only. No reliance shall be placed upon such advice, and Damp Tech Ltd accepts no liability whatsoever for any actions taken by the Client or third parties as a result.

Any site management or supervisory role will only be undertaken where expressly agreed in a separate written contract signed by both parties prior to commencement of works and subject to additional agreed costs.

In the absence of such written agreement, the Client remains solely responsible for the management, coordination, supervision, and sequencing of all works and contractors.

1. SURVEYS AND REPORTS
   Damp surveys and reports carried out for mortgage or sales purposes are subject to a fee. Reports will only be released once full payment has been received and cleared. Payment may be made via BACS, cash, or cheque (reports will not be released until cheques have cleared).

2. QUOTATIONS
   Quotations are provided free of charge for homeowners and will detail the scope of works. The Client is responsible for reviewing the quotation in full and raising any discrepancies prior to acceptance. Any changes to the agreed scope may result in additional charges or deductions.

3. VARIATIONS AND ADDITIONAL WORKS
   Any works not included in the original quotation shall be treated as additional works and charged accordingly. All additional works must be agreed prior to commencement and confirmed in writing (email or message). No additional works will be undertaken without Client instruction.

4. PAYMENT TERMS
   Payment is due within 14 days of invoice unless otherwise stated. If payment is not received by the due date, a written reminder will be issued with an extension period.

Failure to pay by the extended date will result in:

• An administration fee of £45 per correspondence

• Interest charged at the statutory rate plus the Bank of England base rate

Damp Tech Ltd reserves the right to suspend or cancel works if payments are not maintained or if the Client indicates inability to pay.

1. MATERIALS
   Damp Tech Ltd reserves the right to request payment for materials in advance, either directly to the Company or to the supplier, particularly where materials are high value or perishable.

2. NON-PAYMENT / SUSPENSION OF WORKS
   Where staged payments are agreed and not met, Damp Tech Ltd reserves the right to suspend works until outstanding balances are cleared in full. This applies to contracts exceeding three weeks and will be agreed prior to commencement.

3. GUARANTEES
   Damp proofing works may be covered by an insurance-backed guarantee (QANW) at additional cost, subject to contract value.

All other works carry a workmanship guarantee of 6 months from completion or invoice date (whichever is earlier), provided written notice is given.

8.a) No liability is accepted for issues arising from:

• Improper maintenance

• Third-party interference

8.b) Damp Tech Ltd accepts no responsibility for:

• Third-party workmanship

• Product failure

• Defects caused by others

Any product failures must be addressed with the product supplier. Any losses caused by third parties remain their responsibility.

8.c) Works are priced on the basis of continuous progression. Any delays or interruptions not caused by Damp Tech Ltd may result in additional costs, which will be chargeable to the Client.

1. GUARANTEE LIMITATIONS
   Damp proofing guarantees are limited to a maximum of 10 years where applicable.

2. GUARANTEE VALIDITY AND APPLICATION (28 DAYS FROM COMPLETION OF WORKS
   Guarantees will only be issued once full payment has been received, including any additional works, interest, or charges.

The Client acknowledges that insurance-backed guarantees must be applied for within 28 days of completion of works. Failure to make full payment within this period may result in the guarantee being unavailable. Damp Tech Ltd accepts no liability for failure to issue guarantees where payment is delayed or incomplete.

Cheque payments must be cleared before guarantees are processed.

1. CLIENT RESPONSIBILITIES
   The Client is responsible for:

• Removing fixtures, fittings, and valuables unless otherwise agreed

• Providing clear and safe access to the work area

• Arranging parking permits where required

• Keeping children and pets away from work areas

1. PROPERTY PROTECTION
   Damp Tech Ltd will take reasonable care to protect fixtures and fittings that cannot be removed.

2. START DATES
   Estimated start dates are provided but not guaranteed due to scheduling variables. The Client will be notified approximately one week prior to commencement of any changes.

3. RETENTION OF TITLE
   All materials supplied by Damp Tech Ltd remain the property of the Company until full payment has been received. The Company reserves the right to remove such materials if payment is not made.

4. SUB-CONTRACTORS
   Any subcontractors engaged are responsible for their own workmanship, insurance, and liabilities.

5. EXISTING CONDITIONS
   Due to the nature of damp and structural work:

• Existing materials (e.g. skirting, plaster, pipework) may be defective or deteriorated

• Additional works (e.g. plumbing repairs) may be required and will be chargeable

Plumbing works carried out by third parties are covered by their own guarantee (typically 14 days).

1. DAMAGE LIMITATION
   All reasonable care will be taken during works. However, due to the nature of the work, minor damage may occur. Damp Tech Ltd shall not be liable for any damage unless directly caused by proven negligence.

2. DISPUTES
   In the event of a dispute, Damp Tech Ltd reserves the right to remove all tools, equipment, and materials from site.

3. CDM REGULATIONS 2015
   The Client accepts their duties under the Construction (Design and Management) Regulations 2015.

Damp Tech Ltd is not the Principal Contractor or Principal Designer unless expressly agreed in writing.

The Client is responsible for appointing duty holders where required.

Damp Tech Ltd accepts no liability for CDM compliance beyond its own works.

1. LIMITATION OF LIABILITY
   To the fullest extent permitted by law, Damp Tech Ltd’s total liability shall be limited to the total contract value.

Damp Tech Ltd shall not be liable for any indirect, consequential, or financial losses, including but not limited to loss of profit, loss of use, or additional accommodation costs.

CONTACT DETAILS
Tel: 01768 868783
Email: damptechlimited@btinternet.com
Address: 21 Friars Rise, Penrith, CA11 8DF

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