Terms & Conditions 

Please read through our Terms and Conditions and feel free to voice any issues that may arise. It is also important to let us know of any Terms and Conditions, or expectations, of your own that you would wish to be included before work begins.

General Terms and Conditions.

1. Our quotations are produced with as much detail as possible to avoid any misunderstandings. If something is missing that you would like included, please let us know and we will revise the quotation accordingly. Any additional works found necessary are to be agreed with the client and a separate revised quotation provided

2. Definitions

2.1 Contractor: The ‘contractor’ is Daines-Lowe Ltd.

2.2 Client: The ‘client’ is a person or entity seeking goods and/or services from the contractor.

2.3 Quotation: A quotation is a formal offer made by the contractor to the client within a hard copy or electronic document, headed with the title ‘Quote’, no other document is intended to be an offer and is not recognised or may be relied upon as such. A quotation price may alter if unforeseen circumstances arise which lead to greater costs being incurred by the contractor.

2.4 Estimate: An ‘estimate’ is a formal offer made by the contractor to the client within a hard copy or electronic document, headed with the title ‘Estimate’ or ‘Estimation’’, no other document is intended to be an offer and is not recognised or may be relied upon as such. An estimate is an estimation of cost, not a definitive quotation and may be subject to variation or change.

2.5 Contract: A contract with Daines-Lowe Ltd constitutes an offer by the client, to purchase goods and/or services in accordance with these terms and conditions. The customer is deemed to have read and satisfied themselves of the accuracy and content of the contract offer in terms of specification, charges, price and meaning of terms and descriptions as outlined in a ‘Quotation’ document headed and conspicuously identified as a ‘Quotation’, ‘Estimate’ or ‘Estimation’ provided by Daines-Lowe Ltd. The client acknowledges that they have not relied on any statement, promise, representation, assurance warranty or offer which is not set out in a document supplied by the contractor titled ‘Quotation’, ‘Estimate’ or ‘Estimation’. Any verbal estimate given to the client by Daines-Lowe Ltd will always be supported by a written quotation or estimate.

3. Working Arrangements: All prices quoted are calculated on the basis of free access and unimpeded working during our normal working hours (7am – 6 pm Mon – Fri, Sat 8 am – 5 pm), unless otherwise agreed.

4. Both Contractor and client to agree practical arrangements on working methods that provide minimum disruption to the client and allow work to be carried out efficiently by the contractor.

5. Free access is required for delivery of building materials, plant, machinery and skips etc.

6. All building and other materials provided by the main contractor or their sub-contractors remain the property of Daines-Lowe Ltd until full and final payment is received via Bank Transfer, cleared cheque or cash. Unless otherwise agreed in a quotation (or other document), surplus building materials, waste materials and off cuts etc remain the property of Daines-Lowe Ltd or our subcontractors or our suppliers. After final payment the client takes ownership of the; materials used to carry out the work only.

7. Access to and collection of used or unused building materials, equipment and plant etc remains in place until full and cleared final payment is received.

8. Accepting a written quotation, estimate or estimation from Daines-Lowe Ltd and agreeing to the commencement of works will allow these terms and conditions to come into affect. By way of a verbal or written or emailed purchase order from the client for products, goods and or services [with or without an accompanying deposit payment], the client enters into a contract with Daines-Lowe Ltd [separate and distinct from any associated contract entered into between the client and Daines-Lowe Ltd] comprising of an offer to the client, due consideration of the offer by both or all associated parties and acceptance of the offer by the client. To this extent this contractual agreement, and acceptance of the agreement by the client, cannot be superseded by any other agreement or contract either written or verbal, signed or unsigned, as this instrument contains the entire agreement of the parties with respect to the subject matter hereof and there is no other promise, representation, warranty, usage or course of dealing affecting it. To this end any ‘previous agreements clause’ of any subsequent contractual document, whether signed as part of a later written contract with the client or not, will not be accepted as a variation in or to this original contractual agreement. The client or Daines-Lowe Ltd may withdraw from the quotation offer prior to commencement of works without sanction or penalty however any deposits recieved are non-refundable to cover material, time and admin costs, including loss of earnings from work not able to be completed. Any document produced by Daines-Lowe Ltd without the heading 'Quote' will not be recognised or accepted as a valid offer of quotation and will not form a contract.

9. The main contractor, being Daines-Lowe Ltd, may employ both direct and sub-contract labour to work on site. Each individual contractor takes full responsibility for their own third party liability. The main contractor will oversee all works to completion and takes full general and operational responsibility in the running of any contract agreed with the client.

 

10. Payment: Payment can be made via Bank Transfer, by cheque or in cash and a receipt for payment will be given. Please make all payments by cheque payable to ‘Daines-Lowe Ltd’. Bank Transfer details can be found at the bottom of your invoice. On confirmation of works, a 50% non -refundable deposit is due to enable Daines-Lowe Ltd to secure materials at the quoted prices and confirm dates for completion. Payment in full is due upon completion of the contract and presentation of the associated invoice. Part payments or interim payments will be agreed prior to commencement of works or during the contract duration. If a payment is not paid in full according to an agreed payment schedule Daines-Lowe Ltd reserves the right to terminate the contract and will recover all monies and costs owed by the client.

11. Insurance - Public Liability and Employer's Liability: Public Liability Insurance is provided up to the sum of £5,000,000 and Employer's Liability up to the sum of £10,000,000 by Zurich – Policy number PC230415. All of our standard practices are covered within our insurance policy.

12. All client information is retained in accordance with the General Data Protection Regulations and all personal and other client details will remain confidential.

13. In the event of unforeseen difficulties arising, or any other circumstantial changes, the quotation price or estimated cost may be revised to reflect the situation at hand before or after commencement of work.

14. The client, the client's architect, designer or agent is responsible for any architectural design, product design, or any other design or associated scheme.

15. Further to the request for a quotation or estimate from a client, we will in turn make a request for the customer’s design requirements i.e. landscaping or other design, product requirements, style, proportions, measurements, required materials [whether they match an existing design or otherwise] and any other requirements of design such as; finishes, colours, styles and all other aspects of design. The client shall be entirely responsible for their own design requirements and design specification in terms of performance, workability and fitness for purpose. Daines-Lowe Ltd can assist in the process of design, by sharing of experience and the like, on the understanding that our company will bear no responsibility for the workability, fitness for purpose or any other outcome or eventuality concerning the end design.

16. Replication of existing design: If a client makes a request for a new product to match an existing or original design specification, we will endeavour to match the specifications of the requested design (like for like) at the sole risk of the client. When matching the design of another product [existing, original or otherwise] it should be understood that the source or original design may have unknown design flaws that could render the product and any duplication of the original product, unfit for purpose in some way. An unproven design can be reproduced by us but it should be understood that this will always be at the sole risk of the client and Daines-Lowe Ltd will bear no responsibility for the product’s functionality or fitness for purpose.

17. Guarantees: All customers will benefit from a full guarantee on our workmanship for a period of 12 months, the guarantee covers new work only and does not apply to repair work and alterations carried out unless agreed in writing before the start of any contract. Guarantees on materials run in accordance with manufacturer's warranty periods where applicable. Our guarantee covers all new work and new materials used in the delivery of our works but does not guarantee the integrity of any existing structures, materials or finishes. In the event of a failure beyond the guarantee period we will be happy to investigate the cause and negotiate a solution to the problem without delay (if it is found that our company is wholly responsible for the failure) and carry out any agreed repairs as soon as possible. Charges may apply for remedial work carried out beyond guarantee dates or to items not covered by our guarantee. Decorations are signed off on completion and not covered by guarantee.

18. No responsibility is taken by the contractor for the presence of perished, infested or rotten timber (or any other perished, rusty, infested or rotten materials) in existing structures.

19. Extras will only be undertaken further to both full discussion with the client, and, verbal or written agreement, and charged at the agreed rate.

20. Protection of existing surfaces. Whilst we endeavour to protect existing surfaces with the use of boards, dust sheets and loose plastic sheeting etc along with care in our working practice, responsibility for protection from damage of any existing surfaces is the responsibility of the client. Arrangement can be made to put in place protection of existing surfaces, over and above our basic cover, at a negotiated additional cost.

21. Planning Department and/or Building Control. It is the sole responsibility to ensure any works quoted and delivered meet local, regional and national planning regulations and building control where necessary. Any delays, changes or amendments that arise from issues with planning or building control may affect the cost of works due to additional time, labour, materials or other chargeable elements. These situations will be dealt with openly with the client and the client commits to keeping Daines-Lowe Ltd fully abreast of all communications and notices.

22. Contract duration: An approximate duration time for work can be provided if required. The 'Contract duration' is to be used as a guide only and will not affect the agreed contract price i.e. if a contract takes longer than expected no extra charges will be levied unless previously agreed and conversely if good progress is made and a contract takes less time to complete than expected, the client should not expect to receive a discount.

23. Discounts: No Main Contractor or Sub Contractor discounts are given unless agreed and confirmed in writing.

24. Contractor's waste is deemed to be waste generated by the contractor whilst carrying out works and includes materials taken down or demolished by the contractor, this material can be used by the contractor or client for hardcore or masonry infill etc if suitable for the purpose. All on site or roadside skip/grab contents remain the property of Daines-Lowe Ltd until collection by the skip/grab company or contractor.

25. Daines-Lowe Ltd reserves the right to terminate an agreed contract if the client is in breach of these terms and conditions.

26. We will endeavour to employ a helpful attitude at all times and will always attempt to bring the works to a satisfactory conclusion as soon as possible taking into account weather conditions and availability of specialist materials and unforeseen circumstances etc.

27. The Contractor will photograph and video work before, during & after. These photographs/videos may be used on our website/Facebook business page/ Instagram account. Photographs and videos are used to advertise our business and our work. All photographs are the property of the Contractor.

28. The Contractor reserves the right to publish photographs/videos of our work on our business website www.daines-lowe.co.uk, our Facebook business page, Instagram and other social media.

29. All photographs sent to Daines-Lowe Ltd will become the property of The Contractor and may be used on our website or social media platforms.

Grab Terms and Conditions

1. Daines-Lowe Ltd will not be held liable for late arrival or collections and the late arrival/collection of materials does not entitle the customer to compensation if lateness was due to circumstances outside of our control.

2. Unless due to proven negligence, we are not liable for any damage caused by our lorries to manhole covers, pathways, highways, or drains. Any remedies can be discussed and may be agreed upon with management discretion.

3. We do not accept responsibility for any damage or subsidence caused by factors that we cannot control. This includes, but is not limited to, natural processes, natural disasters and human activity.

4. We do not take hazardous material waste, including but not limited to, asbestos, liquids, pyrotechnics, paints, solvents, and plasterboard. We charge on an hourly basis for works that do not meet our criteria and trips that cost the business unnecessary time. Our hourly charge is £60 + VAT.

5. No liability can be taken by Daines-Lowe Ltd for poorly placed loads on collection. The loads should be segregated and in an open space for easy and non-destructive collection or delivery.

6. If works are cancelled with less than 24 hours’ notice given, we reserve the right to charge for the cancellation and all associated costs incurred by Daines-Lowe Ltd.

7. As the hirer may not be present upon arrival of the grab lorry a customer’s signature is not required on documentation for proof of service. All terms and conditions still apply.

8. All prices are based on the information supplied the customer at the time on enquiry. Daines-Lowe Ltd reserves the right to change the price of the information supplied is incorrect.

9. Unless otherwise stated, our quotation is based upon safe and good access for our driver. In the event of such access not being available, any extra costs we incur will be included as a variation to the quoted price including recovery of our vehicle if required.

10.Aborted works due to access issues will be charged in full as if works have been carried out. Suitability of access will be at the sole discretion of the driver. 

11. All our quotes are based upon our lorries tipping off. If you need our drivers to grab off the loads, you will be charged an additional hours hire.

12. Our payment terms are strictly 7 days from date of invoice. Date of invoice will be the date that the works were completed.

13. We reserve the right to request payment upfront from customers who we have no trading history with.

14. Daines-Lowe Ltd endeavour to grab as much as possible (within lawful weight limits), any remnants following a grab remains the responsibility of the customer.

15. As a professional and compliant operator, Daines-Lowe Ltd will not run over legal weight limits.