BOUNDTEX

TERMS AND CONDITIONS

Devine Resin UK Limited​

1. GENERAL

In these conditions of sale:

The company means Devine Resin UK Limited, 9 Hayfield, Leybourne, Kent, ME19 4HE.

Tel: 07834 784512

Email: info@devineresin.com 

Company Number: 14462467

The following Terms and Conditions shall apply exclusively to all sales, supplies and instalation. Any deviating agreement or amendments are only valid if approved expressively by us in writing and shall in any case be only valid for the specific order for which they are agreed upon; for later orders, only our Terms and Conditions of Sale and Supply shall be valid.

 

2. DEFINITIONS

"The Seller" refers to Devine Resin UK Limited, having its address at Devine Resin UK Limited, 9 Hayfield, Leybourne, Kent, ME19 4HE (company number: 14462467). 

"The Buyer" refers to the person, firm, or company purchasing or agreeing to purchase the Goods from the Seller. 

"The Goods" signifies the goods or materials that are the subject of the contract between the Seller and the Buyer. 

"The Contract" denotes the legally binding agreement between the Seller and the Buyer for the purchase and sale of Goods, as per these Conditions of Sale. 

"The Conditions" encapsulate the clauses and provisions herein, constituting an integral part of this Contract. 

"The VAT" represents the Value Added Tax or any similar charge, tax, or levy applicable to the purchase of the Goods. 

"The Price" indicates the specified price communicated by the Seller and agreed upon by the Buyer, as stated in the Seller’s acknowledgment or through other means. 

“The Service” means the installation service we provide to install the Goods onto the Buyer’s site or any other Services that we may provide from time to time.

“Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.

The Seller retains the right to modify these terms and conditions at any point by presenting revised terms and conditions on its website. (www.devineresin.com)

Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.

 

3. CONDITIONS

Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

These Terms and Conditions shall apply to all contracts for the sale of Goods and Services by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. Any complaints should be addressed to the Seller's address at Devine Resin UK Limited, 9 Hayfield, Leybourne, Kent, ME19 4HE.

Any specific notes on our quotation or acknowledgement of order, when duly authorised, will take precedence over any conflicting statements in these Terms and Conditions.

Our quotations do not allow for any retentions being held against Devine Resin UK Limited.

Interest may be charged on late payments in accordance with the Late Payments of Commercial Debts (Interest) Act and amendments. The rate of interest charged will be 5% above the standard Bank of England base rate and will be calculated on a daily basis.

If persistent non-payment results in the Seller using the services of a Debt Collection Agency the buyer will be entirely responsible for the full settlement of the Debt Collection Agency’s fee.

 

 

 

QUOTATIONS, ESTIMATES AND PROPOSALS

Quotations and proposals are provided without commitment and no contract between the Devine Resin UK Limited and the customer shall arise unless and until the Buyer places a written order by means of a completed Devine Resin UK Limited Order form and a 10% to 25% booking deposit of entire order has been made in full. This becomes nonrefundable after 7 days.

Costs contained in a quotation or proposal are those ruling at the date therefore of guidance only. The contract price shall be the current price agreed at the time of the order placed by the buyer. Unless otherwise stated, prices do not include VAT, which will be chargeable once invoiced.

To improve slip resistance, we can sprinkle 1mm clear crushed glass on the wet resin. This is optional as some people prefer it with glass and some without glass. If you require glass, we will require written confirmation by text or email no less than 5 working days before the scheduled installation date.

All orders for Goods or Goods and Services shall be deemed to be an offer by the Buyer to purchase Goods or Goods and Services pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.

Any credit terms offered by the Seller to the Buyer will be subject to the Buyer satisfying the Sellers credit worthiness criteria.

Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or offered an alternative.

 

QUOTATIONS, ESTIMATES AND PROPOSALS ADJUSTMENTS

In cases where a written estimate has been provided to the customer, the total charge outlined in the estimate is subject to possible revision under the following circumstances:

(i) Should the Customer instruct the Company, whether verbally or in writing, to execute additional works that were not initially included in the provided estimate.

(ii) In the event of a subsequent increase in material prices after the estimate has been submitted.

(iii) Should unforeseen circumstances or additional necessary works be identified after the estimate was prepared, which were not reasonably anticipated at the time of estimating.

(iv) In the event of a manifest error discovered in the preparation of the estimate that significantly impacts the quoted cost.

The Company commits to communicate and seek approval from the buyer for any necessary revisions to the estimate due to the aforementioned circumstances before proceeding with additional works or cost adjustments.

 

PRICE AND PAYMENT

The price of the Goods or Goods and Services shall be that which is stipulated on the relevant quotation. The price is inclusive or exclusive of VAT. Where stated, the price includes delivery charges.

Devine Resin UK Ltd will not be responsible for liquidated damages, fines or penalties from a contractor.

The total purchase price, including VAT and delivery charges, if any, will be displayed on the quotation, or the supply only order form.

After the order is received the Seller shall confirm the details, description and the price for the Goods or Goods and Services.

Payment of the price plus VAT, at the current rate, and any other associated charges must be made within 28 days of the goods being received or Goods having been installed by us unless otherwise agreed when placing order.

The payment terms will be agreed subject to our credit checking procedure.

Our quotations do not allow for any main contractors discount.

Our quotations do not allow for any retentions being held against us.

In the event that any remedial works need to be made because of events that have happened beyond Devine Resin UK Limited control or after leaving the premises, full payment of the final invoice must be made before any repairs or remedial work can take place and will be quoted separately.

 

PAYMENT TERMS for COMMERCIAL and DOMESTIC PROJECTS

The Construction Act requires every "construction contract" to comply with specific payment provisions our conditions of payment are laid out in accordance with and comply to this act.

Upon instruction to commence work we will require a deposit payment of 10% - 25% to confirm your booking. This becomes nonrefundable after 7 days.

A further materials payment of 60% will be required not less than 5 working days before work can commence.

Your invoice may not exceed £5,000 before a payment is made without express written permission.

Written permission, if gained will include the acceptance by the client that the work completed and awaiting payment has been carried out to a satisfactory standard and will not be contested for payment at a later date.

Interim payment amounts will be calculated based on the number of square meters that have been installed.

Large projects requiring more than one day to complete. Work carried out on any day prior to completion will be deemed to be of satisfactory quality without exception and that the client has viewed and accepted the installation to that point.

Devine Resin UK Limited will install an area of up to 2.5% of the total area to be used as a benchmark if requested in writing or by email prior to completing the full installation. If a client does not require a bench mark all standards measuring the quality of Devine Resin UK Limited work will be measured against previously installed projects.

Due dates and dates by which payments must be made will be clearly notified on all invoices.

If a client is in anyway not satisfied with the work carried out this MUST be reported to us not more than 7 days after Devine Resin UK Limited completes the area in dispute.

Defect claims made after 7 days will be treated as warranty claims and subject to the warranty claims terms and conditions.

Installations will be deemed to be of an acceptable standard unless we are otherwise notified by the client in writing up to seven days after the installation is complete.

Interim payments not paid will result in work being suspended and The Company will charge a standing rate of £250 ex VAT per person, per day until payment is made.

Should the standing time run in to our next scheduled project The Company reserves the right to postpone the project without penalty until payments are up to date.

Payments are due on completion of works unless a prior written agreements has been made and confirmed by the Managing Director of Devine Resin UK Limited.

In the event payment is not received after 28 days a 7-day reminder will be sent, if payment is not received after that a final reminder will be sent. The warranty does not come into effect until suck times that any outstanding funds are received in full. If legal proceedings commence, the outstanding funds include any legal fees or costs incurred by Devine Resin UK Limited.

In the event that legal proceedings are required and if Devine Resin UK Limited is sub-contracting, The Company may notify the main contractors client that the warranty has been cancelled.

In the event that the contract runs for a period greater than 45 days we will require phased payments every 28 days or every £5,000 whichever is accrued first.

The "Final" date by which payments must be received is 7 days after the 28-day completed works invoice is due.

Should the client wish to give notice that the amount due is incorrect this must be received in writing, detailing the reasons. This must reach The Company no later than 5 days before the invoice due date. This will not extend the payment period.

In the event that a client wishes to withhold or offset any part of any invoice the client will be required to notify The Company in writing including the reasons not less than 14 days before the "final" due date.

Invoices going past the "Final" due date without any form of written notice or permission will incur a £500 ex VAT penalty and interest charged at 5% above the standard Bank of England base rate that will be calculated and added for each day that payment is not received.

The Company reserves the right to extend or reduce payment terms periods without prior notice. All works warranties or guarantees are subject to Devine Resin UK Limited payment terms being adhered to and no other terms may supersede these.

Interest may be charged on late payments in accordance with the Late Payments of Commercial Debts (Interest) Act and amendments. The rate of interest charged will be 5% above the standard Bank of England base rate and will be calculated on a daily basis.

If persistent non-payment results in the Seller using the services of a Debt Collection Agency the buyer will be entirely responsible for the full settlement of the Debt Collection Agency’s fee.

Our price is valid for orders placed within 3 months and for Goods installed by us to be completed within 6 months, after which it may be subject to raw material price increases.

Our price assumes that the work can be completed in one visit and that no additional shaping or levelling is required unless otherwise agreed when placing order.

Our quotation is conditional on a suitable base (being provided by others) such as AC10 asphalt (the preferred option) or if necessary, concrete.

The resin bound system is suitable for use where the maximum weight of a vehicle using the surface does not exceed 2.5 tonnes.

Tolerances for a bound base must not exceed 3mm under a 1 metre straight edge.

Maximum tolerance for an unbound base is 5mm under a 1 metre straight edge.

Any base in excess of the above requirements will require regulating prior to the commencement of our works.

Our quotation is on the basis of suitable edge restraints being provided by others.

Our quotation is on the basis that all traffic management before, during and after installation of the Goods and protection of the uncured surface is provided by others.

Our quotation is based on the assumption that any cracks in the base will be repaired by others and provision made for any movement joints to be extended up.

All quotations are based on normal weekday rates; Monday to Friday 8am -4pm evening/night, weekend and bank holiday work will incur extra costs.

Our quotation assumes that ready access and suitable parking will be provided for lorries, vans and plant.

Areas installed more than the minimum stated on our price will be invoiced.

The final invoice may be less or more than the minimum stated and is subject to material consumption and final measurement and are subject to a revised rate. The final invoice is based on material consumption. Measurements do not take account of any depth regulation required to ensure the quality of the finish. Prices stated on our quotation will apply for up to 1 visit (this may consist of many consecutive days).

The price is conditional on the total area being made available at the commencement of installation.  Any subsequent visits to site not exceeding 250m² will incur a re-visit charge of £800.00 ex VAT. This covers the travelling costs and the costs of our Installation team.

A charge will be made for any delays preventing us commencing work after 1 hour of our agreed start time due to the Buyer not having fulfilled their obligations under the contract. The additional charge will be based upon a flat rate of £110.00 ex VAT per hour or part hour. Where the delay means that we will have to return an extra day to complete work a revisit charge of £800 ex VAT will be charged.

All areas must be clear of debris and jet washed prior to installation. Any delay on site will incur a charge. The additional charge will be based upon a flat rate of £110.00 ex VAT per hour or part hour. Where the delay means that we will have to return an extra day to complete work a revisit charge of £800 ex VAT will be charged.

If we are carrying out more than one project for one company, and there are outstanding debts or disputes, we reserve the right to postpone the project until the account is brought up to date or disputes are resolved.

 

6. CREDIT CONTROL

The Company reserves the right to offer or refuse credit. Should you require a credit account you will be required to apply in writing or by email not less than 14 days before the credit is required.

An application for credit will only be considered after we have completed 3 projects for a client all of which have been paid in full and on time.

If any of the payment terms of those three projects are not adhered to we will not offer credit until three consecutive projects have been completed in accordance with our payment terms.

Any credit offered will be subject to new terms and conditions which will be notified in the "credit agreement"

The Company reserves the right to withdraw any credit offered with 7 days’ notice.

If you would like any further information, please email Accounts. 

7. DELIVERY AND SERVICE

Once any goods including but not limited to resin and aggregates required for any part of an installation have been delivered to the buyers chosen delivery address.  The buyer becomes liable for any losses, costs, damages or expenses incurred to the goods. The buyer agrees to ensure that the goods are kept in a dry and secure area that will prevent them from damage or theft and is covered by the buyer’s insurance. Should goods become damaged, the buyer agrees to pay for all losses or damages at the purchased rate from Devine Resin UK Limited supplier plus a 20% restocking and any collection and redelivery fees incurred to Devine Resin UK Limited. If the purchaser refuses or obstructs delivery Devine Resin UK Ltd will charge for any onward costs including but not exclusive to restocking, handling or delivery costs.

Title in any goods sold by the Seller or Goods installed by us shall not pass to the Buyer until payment has been received in full of all sums due to the Seller but the risk in the Goods shall pass to the Buyer upon delivery or installation of the Goods.

Goods supplied for installation within the UK will normally be delivered 1 day prior to installation unless otherwise agreed by the seller in advance in writing.

Where specific delivery dates or commencement dates for installation of goods by us have been agreed, and where this date cannot be met, the Buyer will be notified and given the opportunity to agree a new date.

The Seller along with the designated haulier shall use its reasonable endeavours to meet any date agreed for delivery or commencement date. In any event time of delivery or commencement date shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery or commencement date.

The Company will not be responsible for liquidated damages, fines or penalties from a contractor.

Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

As part of our quality assurance plan, final approval samples will be normally sent to the Buyer prior to commencement of the work. The Buyer agrees that there might be colour differences in the stone / aggregate and any stone / aggregate blends may have darker or lighter areas throughout.  The buyer accepts that aggregate is a natural product and that there can be natural variations in the aggregate colour due to but not limited to quarrying and batching. Devine Resin UK Limited is not liable for the variations of the product colour.  The buyer accepts that stone / aggregate colour / natural colour variations and blend variation is not a defect of the product or installation and the buyer agrees to not withhold any due payments under these conditions.

We may need to include occasional joints in the final surface depending on the area laid and other factors. Joints are not a measure of nonpayment.

9. Light fittings, or any other fittings which will have resin installed around, need to be installed at the correct depth. Devine Resin UK Limited will not be responsible for any depth differences if fittings are uninstalled correctly.

10. Where the seller provides Services the person(s) performing the Services are servants of the Customer and once the Customer instructs such person(s) they are under the direction and control of the customer. The customer shall be solely responsible for the consequences of any instruction, guidance and/or advice given by the person(s) performing the Services except to the extent that such person(s) performing the Services are negligent.

 

8. RIGHTS OF SELLER

The Seller reserves the right to periodically update prices in accordance with any raw material increases, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

The Seller reserves the right to withdraw any goods from the product range at any time.

The Seller shall not be liable to anyone for withdrawing any Goods from the Product range or for refusing to process an order.

 

9. 10 YEAR WARRANTY

The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller.

All other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods or Goods and Services, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.

Standard Product Guarantee.

Only valid if the full guidance from Devine Resin UK Ltd Care and Maintenance instructions are followed.

Does not cover damage caused by forceful impact, point loading (inc. high heels), other mechanical damage and excessive usage.

Does not cover damage caused by reflective cracking or subsequent damage caused by reflective damage from the underlying base.

Does not cover wear caused by stones in tyres, including revelling.

Does not cover damage or staining caused by chemicals, solvents (general external agents)

Does not cover damage caused by repairs made to, or adjacent to, the surface or underlying structural layers.

Does not cover damage caused by heat being applied directly or indirectly to the surface above 99 degrees Celsius (210 degrees Fahrenheit).

Does not cover a decrease in permeability caused by ingress of dirt, fine materials or other causes.

Does not cover mineralogical variations (this includes rust spotting) in the aggregate, which have an effect on its aesthetical, physical or mechanical properties.

Does not cover surface changes due to natural weathering.

Does not cover damage caused by sinkage, tree roots and deformation or wheel tracking of any underlying structural layers.

Does not cover AC10, AC14 or AC20 open graded asphalt or tarmac supply and installation,  AC10, AC14 or AC20 open graded asphalt or tarmac supply and installation is limited to a 2 Year Warranty and upon a successful claim Devine Resin UK Ltd has the right to repair or replace or issue a refund the failing AC10, AC14 or AC20 open graded asphalt or tarmac supply and installation at a 50% diminishing in value rate per annum based on the original value of the accepted quote until the 2 year guarantee of the AC10, AC14 or AC20 open graded asphalt or tarmac supply and installation is expired.

Does not cover AC10, AC14 or AC20 close graded asphalt or tarmac supply and installation,  AC10, AC14 or AC20 close graded asphalt or tarmac supply and installation is limited to a 2 Year Warranty and upon a successful claim Devine Resin UK Ltd has the right to repair or replace or issue a refund the failing AC10, AC14 or AC20 close graded asphalt or tarmac supply and installation at a 50% diminishing in value rate per annum based on the original value of the accepted quote until the 2 year guarantee of the AC10, AC14 or AC20 close graded asphalt or tarmac supply and installation is expired.

Does not cover SMA asphalt or tarmac supply and installation, SMA asphalt or tarmac supply and installation is limited to a 2 Year Warranty and upon a successful claim Devine Resin UK Ltd has the right to repair or replace or issue a refund the failing SMA asphalt or tarmac supply and installation at a 50% diminishing in value rate per annum based on the original value of the accepted quote until the 2 year guarantee of the SMA asphalt or tarmac supply and installation is expired.

Does not cover Paving supply and installation, Paving supply and installation is limited to a 6 Year Warranty and upon a successful claim Devine Resin UK Ltd has the right to repair or replace or issue a refund the failing Paving supply and installation at a 16.7% diminishing in value rate per annum based on the original value of the accepted quote until the 6 year guarantee of the Paving supply and installation is expired.

The Replacement Products supplied further to the Guarantee shall not exceed either the quality of or price paid for the Products originally supplied.

Any Replacement products or goods supplied shall not exceed the original standard product guarantee.

Devine Resin UK Ltd shall not be liable for any loss incurred by any third party or any consequential loss.

The guarantee and warranty is only valid once the final invoice is paid in full within agreed payment terms, if the final invoice is not paid in full or has been discounted due to a dispute or the quoted works has not been fully completed all guarantees and warranties are voided unless otherwise reinstated by Devine Resin UK Limited.

Is conditional on suitable surface course asphalt (wearing course macadam) or other approved substrate being provided by others. Approval having been confirmed in writing by the Seller.

Devine Resin UK Ltd does not guarantee, warranty or accept any liability for any surfaces or structures the company has not installed.

Devine Resin UK Ltd does not guarantee, warranty or accept any liability for any surfaces or structures the company has repaired or reinstated including but not limited to tarmac, concrete, block work, edgings or resin bound.

In the event there is a change in ownership of the property, the warranty is nontransferable. Should the new owner of the property wish to purchase the balance of the warranty this can be transferred in exchange for a 20% fee on the original project cost, subject to an inspection from Devine Resin UK Limited.

​

10. CANCELLATION AND RETURN

The Buyer shall inspect the Goods immediately upon receipt or completion of installation and shall notify the Seller within 2 working days confirming in writing if the Goods or installation are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.

Where a claim of defect or damage is made within the 2 working days, the Goods shall be returned by the Buyer to the Seller by a method agreed beforehand by the Seller. If the Goods are found to be defective the Buyer shall be offered the option of a replacement or a full refund (including delivery costs) plus any return charges.

Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return charges within 30 days of return. If the Buyer fails to return the Goods following agreement that the goods can be returned, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.

The Buyer will be under a duty to take care of the Goods until they have been recovered. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) within 30 days of return.

Goods to be returned must clearly show the order number obtained from the Seller on the package.

All deposit payment become nonrefundable after 7 days.

Should a project be postponed by the buyer for more than 60 days, the buyer accepts that a requote of the outstanding works must take place and the new estimate will need to be approved by the buyer in writing. In addition, the buyer accepts all payments must be up to date for any prior works before any further and future works can be continued.

​

11. HEALTH AND SAFETY

Buyers should be aware of the potential hazards to health and safety represented in the types of goods supplied by the Seller, stored in the Seller’s premises, in transit or stored on site. The seller can accept no responsibility for damage or injury resulting from the activities of a Buyer. It shall be the Buyers responsibility to comply with any and all regulations concerning the loading, transport and signing of any vehicle used for carrying goods or substances covered by the requirements to comply with COSHH and other Regulations. Product information literature can be supplied by the seller as requested.

The buyer agrees and accepts they are aware that surfaces installed by Devine Resin UK Limited, including but not limited to resin bound, resin bonded, tarmac, asphalt, type 1, type 3, pavers, edgings, wood and stone surfaces can be or become slippery, especially when wet. Users of Devine Resin UK Limited surfaces should take appropriate precautions, such as using anti-slip footwear or applying traction aids, to prevent slips or falls. The buyer accepts Devine Resin UK Limited shall not be held responsible for any accidents, injuries, or damages resulting from the slippery nature of resin bound surfaces.

Devine Resin UK Limited shall not be held liable for but not limited to any slips, falls, accidents, or injuries resulting from the activities, handling, or misuse of purchased items by the Buyer. The Buyer agrees, accepts and assumes all responsibility for proper use, handling, and any associated risks with the purchased products and hereby releases the seller from any claims, damages, or liabilities related to accidents, injuries, or damages incurred during or after the use of the purchased items.

The buyer acknowledges and agrees that following the installation of the goods, it is crucial to refrain from using the installed surface for a period of at least 48 hours. This period allows for adequate curing and setting of the materials used in the installation process. The buyer accepts responsibility for ensuring the security of the installed goods and compliance with this requirement and acknowledges that the seller shall not be held liable for any damage, defects, or issues arising from the buyer's failure to adhere to this stipulated period. Should damage be caused to the surface by these factors, the buyer agrees to not withhold any due payments under these conditions. Devine Resin UK Limited will be happy to repair these areas at the cost of the buyer.

The buyer acknowledges and agrees that following the installation of the goods and the team have left, Devine Resin UK Limited are not liable for any damages which require repairs caused beyond our control. Some examples are but not limited to buyer damage, third party damage, wildlife and weather.  Should damage be caused to the surface by any factors, Devine Resin UK Limited will be happy to repair these areas at the cost of the buyer. The buyer acknowledges that in the event of repairs or alterations made to the purchased goods, including but not limited to surfaces or installations, the repairs may result in visible differences or alterations to the appearance or texture. The buyer accepts and understands that despite the seller's best efforts, repaired areas may not perfectly match the original surface and may be visible. The seller shall not be held responsible for any such visible differences resulting from repairs or alterations performed on the purchased goods. The buyer agrees to not withhold any due payments under these conditions.

The buyer acknowledges and agrees that following the installation of the goods, Devine Resin UK Limited shall not be held liable for but not limited to any slips, falls, accidents, or injuries resulting from the activities, handling, or misuse of purchased items by the Buyer. The Buyer agrees, accepts and assumes all responsibility for proper use, handling, and any associated risks with the purchased products and hereby releases the seller from any claims, damages, or liabilities related to accidents, injuries, or damages incurred during or after the use of the purchased items.

 

12. INSTALLATION PREPARATION

The buyer acknowledges that external factors such as weather conditions, material availability, and difficult access may impact the agreed-upon schedule for services or delivery. While every effort will be made to adhere to estimated timelines, circumstances beyond the Company's control might necessitate adjustments to the schedule. The buyer acknowledges and accepts Devine Resin UK Ltd will not be responsible for liquidated damages, fines or penalties from a contractor.

The buyer acknowledges and accepts that resin bound surfaces are hand trowelled during the installation process. Due to the nature of hand trowelling, variations in texture, undulations and appearance, including trowel marks and slight shadowing, may be visible under certain lighting conditions. The buyer understands that these characteristics are inherent to the handcrafted nature of the product and do not signify a defect in the material or workmanship. The seller shall not be held liable for any visible trowel marks or shadowing inherent in the resin bound surface. The buyer agrees to not withhold any due payments under these conditions.

The buyer agrees that there might be colour differences in the stone / aggregate and any stone / aggregate blends may have darker or lighter areas throughout.  The buyer accepts that aggregate is a natural product and that there can be natural variations in the aggregate colour due to but not limited to quarrying and batching. Devine Resin UK Limited is not liable for the variations of the product colour.  The buyer accepts that stone / aggregate colour / natural colour variations and blend variation is not a defect of the product or installation, and the buyer agrees to not withhold any due payments under these conditions.

Devine Resin UK Ltd aggregate products that are sourced from naturally occurring deposits. As with all natural products, variations in colour and finish may occur.  Devine Resin UK Ltd makes every effort to ensure consistency with product colour, yet variations between product batches, and even within the same product batch can occur. Devine Resin UK Ltd cannot guarantee your order has been picked from the same batch. Devine Resin UK Ltd will accept no liability for shading differences when laid. The colour of new aggregate products will inevitably differ compared to products that have been laid for a length of time.

We may need to include occasional joints in the final surface depending on the area laid and other factors. Joints are not a measure of nonpayment. The buyer agrees to not withhold any due payments under these conditions.

The buyer acknowledges and agrees that following the installation of the goods, it is crucial to refrain from using the installed surface for a period of at least 48 hours. This period allows for adequate curing and setting of the materials used in the installation process. The buyer accepts responsibility for ensuring the security of the installed goods and compliance with this requirement and acknowledges that the seller shall not be held liable for any damage, defects, or issues arising from the buyer's failure to adhere to this stipulated period. Should damage be caused to the surface by these factors, the buyer agrees to not withhold any due payments under these conditions. Devine Resin UK Limited will be happy to repair these areas at the cost of the buyer.

The buyer acknowledges and agrees that following the installation of the goods and the team have left, Devine Resin UK Limited are not liable for any damages which require repairs caused beyond our control. Some examples are but not limited to buyer damage, third party damage, wildlife and weather.  Should damage be caused to the surface by any factors, Devine Resin UK Limited will be happy to repair these areas at the cost of the buyer. The buyer acknowledges that in the event of repairs or alterations made to the purchased goods, including but not limited to surfaces or installations, the repairs may result in visible differences or alterations to the appearance or texture. The buyer accepts and understands that despite the seller's best efforts, repaired areas may not perfectly match the original surface and may be visible. The seller shall not be held responsible for any such visible differences resulting from repairs or alterations performed on the purchased goods. The buyer agrees to not withhold any due payments under these conditions.

All areas must be clear of debris prior to installation. Any delay on site will incur a charge. The additional charge will be based upon a flat rate of £110.00 ex VAT per hour or part hour. Where the delay means that we will have to return an extra day to complete work a revisit charge of £800 ex VAT will be charged.

The buyer acknowledges and agrees that for the duration of the services or installation process, temporary access to power and water supply must be provided by the buyer at the designated location. The buyer understands that the availability and adequacy of temporary power and water supply are essential for the timely completion of the services or installation.

The buyer assumes responsibility for ensuring the provision of suitable and accessible power and water sources at the designated site. Any delays or hindrances caused by the unavailability, inadequacy, or inaccessibility of temporary power and water supplied by the buyer may impact the scheduled timeline for services or installation. Any delay on site will incur a charge. The additional charge will be based upon a flat rate of £110.00 ex VAT per hour or part hour. Where the delay means that we will have to return an extra day to complete work a revisit charge of £800 ex VAT will be charged. Should plant have to be provided to support the need for temporary access to power and water supply the buyer agrees to be liable for all costs incurred to Devine Resin UK Limited.

The Company shall not be held liable for delays or complications arising from the buyer's failure to provide adequate temporary power and water supply as required for the completion of the services or installation.

Substrate and Bases

Bituminous - Depending on surface usage these specifications alter. If you are installing a new asphalt surface in preparation to receive a bonded finish we recommend using top coat HRA ( Hot Rolled Asphalt ) Base coarse asphalt will require pour filling / surface regulating or both. Asphalt should be non-porous. Please contact us for more information. The responsibility for testing to ensure the surface is water permeable and suitable for use is soley the responsibility of the client/property owner.

Application to Concrete

Newly installed concrete should be finished to a wooden float or brushes finish and allowed a minimum of 28 days to cure or have a moisture level below 75% RH. Light scabbling or diamond grinding of the surface is recommended if float finished to ensure a good key prior to application. Brushed finishes usually require no scabbling.

Existing concrete surfaces should be scabbled or diamond ground to provide a key unless already suitable. Prepared surfaces should then be primed with primer if required. If the concrete surface is contaminated with oil, water, or other liquid contamination it should be heat blasted. Primer should then be applied to the warm surface. Any unevenness or cracks should be repaired prior to application of the resin.

Application to Timber

Timber surfaces must be clean, dry and sanded prior to application of the primer if required. The primer should be allowed to soak in to the timber and cure before the chosen resin and aggregate are applied.

Very dense timber may prevent the resin adhering, if in doubt a small test area should be carried out to confirm suitability.

Application to Steel

Steel surfaces should be shot blasted to SA2.5 and the primed with primer.

Application to Stone Mastic Asphalt (SMA)

The surface draining properties of SMA will lead to excessive absorption of resin and may result in

insufficient material remaining on the surface to adequately anchor the applied aggregate. It is therefore

advised to fill the surface voids with sharp grit in order to minimise resin demand.

e) Application to Steel and Aluminium

1. Pre-treatment of steel and aluminium substrates is confined to those techniques that provide mechanical abrasion. The most commonly employed method is to shot blast the surface to the recognized, whereby most of the steel has been made bright and the surface is pitted. Alternatively, on flat areas, a good bond can be achieved from coarse grinding with an angle grinder. Wire brushing is not considered adequate since this will not abrade the surface sufficiently well enough to obtain the required key.

2. No priming is necessary, and in all other respects, the resin is applied as aforementioned. The work should be programmed to ensure that newly prepared steel is over-laid as soon as is possible, since any traces of moisture will cause flash rusting which may ultimately impair adhesion. Similarly, any aluminium substrates should be over-coated immediately to reduce the effects of atmospheric oxidation.

f) Application to Wood

1. Resin demonstrates excellent adhesion to wood and on new timber. No preparation is required other than a light sanding.

2. However, untreated exposed wood that has turned grey has been denatured by the action of UV light, resulting in weakness at the surface. These areas should be sanded back to reveal fresh wood prior to over coating with resin. Alternatively, if the area concerned is too large the surface should be stabilized by first applying a primer.

3. If both priming and application of resin cannot be completed on the same day, it will be necessary to abrade the primer prior to application of resin.

4. Tools and equipment should be cleaned immediately after use, tested and prepared for next use.

NOTE: A suitable steel, wood, brick, stone, or aluminium edging should be provided to ensure a neat edge detail. Any advice, recommendation or information given by Devine Resin UK Limited is based on practical experience and is believed to be accurate at the time of publication, no liability or responsibility of any kind (including liability for negligence) is accepted in this respect by the company, its Servants, or Agents. The figures quoted do not constitute specification; they represent typical values obtained for this product.

 

13. AFTERCARE

The buyer acknowledges and agrees that following the installation of the goods, it is crucial to refrain from using the installed surface for a period of at least 48 hours. This period allows for adequate curing and setting of the materials used in the installation process. The buyer accepts responsibility for ensuring the security of the installed goods and compliance with this requirement and acknowledges that the seller shall not be held liable for any damage, defects, or issues arising from the buyer's failure to adhere to this stipulated period. Should damage be caused to the surface by these factors, Devine Resin UK Limited will be happy to repair these areas at the cost of the buyer.

The buyer acknowledges and agrees that following the installation of the goods, Devine Resin UK Limited are not liable for any damages which require repairs caused beyond our control. Some examples are but not limited to buyer damage, third party damage, wildlife and weather.  Should damage be caused to the surface by any factors, Devine Resin UK Limited will be happy to repair these areas at the cost of the buyer. The buyer acknowledges that in the event of repairs or alterations made to the purchased goods, including but not limited to surfaces or installations, the repairs may result in visible differences or alterations to the appearance or texture. The buyer accepts and understands that despite the seller's best efforts, repaired areas may not perfectly match the original surface and may be visible. The seller shall not be held responsible for any such visible differences resulting from repairs or alterations performed on the purchased goods.

The finished surface should be swept clear of lose aggregate once a month for the first 12 months this is not included in the estimate price. Oil or contaminant spills should be cleaned off immediately by a suitably qualified contractor.

The finished surface should be swept clear of lose aggregate once a month for the first 12 months this is not included in the estimate price. Oil or contaminant spills should be cleaned off immediately by a suitably qualified contractor.

A small amount of stone will remain.

As part of routine maintenance, we recommend clients sweep the surface once a month for the first 12-18 months to remove any excess stone. In some instances, once the surface has been installed, tyre marks may be visible. This is caused by dirt and debris on tyres. As the surface weathers, these will no longer be visible. Tyre marks can also be jet washed off, jet wash must be no higher than 110BAR / 1600 PSI and held a minimum of 500mm away from the surface.

Once the resin bound system has been installed and the team have left, Devine Resin are not liable for any damages which require repairs to the resin bound surface caused beyond our control. Some examples are but not limited to client damage, third party damage, wildlife and weather.  Should damage be caused to the surface by these factors, we will be happy to repair these areas at the cost of the client. Should this happen clients should be aware that these repairs may be visible.

The average surface depth is 3-5mm dependant on the porosity of the base to which it is being applied. On porous surfaces this can drop to 2mm.

Clients should be aware that due to how the system is applied by screeding the resin then dressing with stone making the resin invisible there is the possibility that there may be small areas of “bleeding through” this means that the stone sinks through the resin leaving the resin showing. Should this happen The Company is happy to repair these areas. Clients should be aware that these repairs may be visible.

Oil, dirt or other common stains can be removed from resin bonded surfaces by applying a suitable household detergent or similar degreaser.

Resin bonded driveways, paths or paved areas should be swept occasionally to remove loose stones.

They can also be cleaned using pressure washers to remove dirt and detritus.

Newly treated resin bonded gravel must be swept to remove excess aggregate, as soon as possible using a mechanical road sweeper* or by hand. A further sweep should be carried out after 1–3 months to remove remaining loose stones.

A visual examination should be carried out to check that no aggregate is left as this could result in the bonded aggregate splitting and working out of the resin. This could negate any warranties agreed with Devine Resin UK Limited.

*Mechanical sweepers using metal bristles must not be used

Maintenance guidelines must be adhered to. Failure to comply with the guidelines at  will negate the warranty.

 

14. LIMITATION OF LIABILITY

Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage.

Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

​

15. MAKING A CLAIM

15.1 Any claim that occurs during the Guarantee Period (the “Claim”) must be brought to the attention of the Company by way of written notice sent by registered post (not email) prior to the expiration of the Guarantee Period and within 7 working days of any defect(s) being identified.

15.2 The Claim must be accompanied by the original invoice for the “Products” and confirmation of Project Completion”.

15.3 In the event that the terms 15.1 and 15.2 are not complied with then the Claim under the Guarantee will be automatically rejected.

15.4 The Company reserves the right to be afforded both full and prompt access to an affected area which relates to the Claim.

15.5 Upon a successful claim Devine Resin UK Ltd has the right to repair or replace or issue a refund the failing part of the system at a 10% diminishing in value rate per annum based on the original value of the accepted quote until the 10 year guarantee is expired.

 

 

 

 

 

EXCLUSIONS

Devine Resin UK Ltd does not guarantee, warranty or accept any liability for any surfaces or structures the company has not installed.

Devine Resin UK Ltd does not guarantee, warranty or accept any liability for any surfaces or structures the company has repaired or reinstated including but not limited to tarmac, concrete, block work, edgings or resin bound.

Without prejudice to the remainder of the Guarantee, the Guarantee does not apply if ‘Product Failure’ occurs as a result of:

i) Forceful impact; or

ii) Unprotected vehicle stabilisers; or

iii) Vehicles continually dry steering in one location, loosing traction and wheel spinning; or

iv) Loading equipment such as a Moffett / Forklift have driven on the surface, commercial vehicles over 2.5 Ton; or

v) If there is either deformation or failure of the subbase, this includes but is not limited to sinkage, reflective cracking, tree roots, frost heave, stress cracking, act of god; or

vi) Repairs or any other works carried out to the property where the Products have been applied either on or below the surface or surrounding areas where the Products have been installed; or

vii) Staining caused by water, chemicals, fuels, oils or other materials; or

viii) Trafficking by any tracked vehicles such as but not limited to snow ploughs; or

ix) Natural weathering; or

x) Natural wear and tear; or

xi) Movement or vibrations caused by the use of any heavy equipment or machinery; or

xii) A natural disaster including, but not limited to, fire, floods, lightning, hurricane, or other acts of God; or

xiii) Any act of negligence, accident, or misuse including, but not limited to, vandalism, falling objects, third parties, agents including plant or animal life, civil disobedience, or act of war;

 

16. WAIVER

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

17. FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

 

18. SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed, and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

 

19. CHANGES TO TERMS AND CONDITIONS

The Seller shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

​

20. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the England courts.

o be cleaned using pressure washers to remove dirt and detritus.

Newly treated resin bonded gravel must be swept to remove excess aggregate, as soon as possible using a mechanical road sweeper* or by hand. A further sweep should be carried out after 1–3 months to remove remaining loose stones.

A visual examination should be carried out to check that no aggregate is left as this could result in the bonded aggregate splitting and working out of the resin. This could negate any warranties agreed with Devine Resin UK Limited.

*Mechanical sweepers using metal bristles must not be used

Maintenance guidelines must be adhered to. Failure to comply with the guidelines at http://www.resinbondedsurfaces.co.uk/company/care-maintenance.htm will negate the warranty.

 

21. LIMITATION OF LIABILITY

Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage.

Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

​

22. WAIVER

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

​

23. FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

​

24. SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed, and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

​

25. CHANGES TO TERMS AND CONDITIONS

The Seller shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

​

26. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the England courts.