Devine Works Limited Terms and Conditions

TERMS AND CONDITIONS FOR DEVINE RESIN WORKS LIMITED

These Terms and Conditions ("Agreement") are entered into by and between Devine Resin UK Ltd (also known as "Devine Works Ltd") ("Seller," "we," or "us") and the customer ("Customer" or "you") for the supply and installation of resin bound surfaces, tarmac driveways, block paving, rubber surfaces, and related groundworks services. By engaging our services, you agree to these Terms and Conditions.

DEFINITIONS

• “Contract”: The agreement between the customer and Devine Works Ltd.

• “Services”: The supply and installation of resin bound surfaces, tarmac, block paving, rubber surfaces, and any related works as agreed between the customer and Devine Works Ltd.

• “Subbase”: The underlying layer of material upon which the surface is applied.

• "The Seller" refers to Devine Resin UK Limited, having its address at Devine Works 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. 

• “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.

 

1. General Terms and Conditions Overview

1.1 These terms and conditions govern the services and installation of resin-bound, tarmac, block paving, rubber surfaces, and other groundworks provided by Devine Works Limited.
1.2 By paying a deposit or agreeing to the quotation, the client confirms acceptance of these terms and conditions.

2. Exclusions

2.1 Devine Works Limited does not guarantee, provide warranty for, or accept liability for any surfaces or structures that we have not installed.

2.2 Third-Party Activities

We are not responsible for any damage to our work or the substrate caused by third-party activities. This includes, but is not limited to, reinstatement works, fence installations, landscaping, building works, or any other construction or alterations carried out after our installation. This also applies to third-party works affecting tarmac, concrete, blockwork, edgings, or resin-bound surfaces.

2.3 Warranty exclusions include, but are not limited to, the following:

i) Forceful impacts or point loading;
ii) Unprotected vehicle stabilisers;
iii) Dry steering or wheel spinning by vehicles;
iv) Use of loading equipment such as Moffetts, forklifts, or commercial vehicles exceeding 2.5 tons;
v) Cracking caused by tree roots, animals, frost heave, or other external stresses;
vi) Staining from water, chemicals, fuels, oils, or other substances;
vii) Trafficking by tracked vehicles (e.g., snowploughs);
viii) Natural weathering and general wear and tear;
ix) Damage caused by direct or indirect heat exceeding 99°C (210°F);
x) Damage resulting from works completed by third parties;
xi) Reduced permeability due to ingress of dirt, debris, or other materials;
xii) Damage caused by vibrations, use of heavy equipment, or natural disasters;
xiii) Acts of God, vandalism, or accidents;
xiv) Mineralogical variations in the aggregate, including rust spotting, which may affect the aesthetic, physical, or mechanical properties of the surface.

2.4 Surface Slip Reduction
Slip reduction features (e.g., 1mm glass overlay) are not included unless specifically requested by the client. If the client wishes to include this feature, an additional cost will apply should it after the initial resin bound installation.

2.5 Resin Bound Overlay Disclaimer
Devine Works Limited does not provide a warranty for the subbase when applying a surface overlay. This includes but not limited to resin-bound, tarmac, block paving, rubber surfaces and other groundworks provided by Devine Works Limited. The client acknowledges and accepts this limitation before proceeding with the installation.

2.6 Image Render Disclaimer
The rendered images provided are for illustrative purposes only. Actual colours, textures and finishes may vary due to lighting conditions, screen settings and material variations.

 

 

3. Booking Deposit and Non-Refundable Clause

3.1 Deposit
A non-refundable deposit is required to secure the booking. The deposit is due upon the client’s acceptance of the quotation and is necessary to reserve a place for the scheduled work.

3.2 Cooling-Off Period
The cooling-off period for cancelling the contract is 14 days from the date of deposit payment. After this period, the deposit becomes non-refundable under all circumstances as materials may have been purchased by this point and are non-refundable to Devine Works Limited.

 

4. Surface Slip Reduction Disclaimer

4.1 Slip reduction features (e.g., 1mm glass overlay) are not included unless specifically requested by the client. If the client wishes to include this feature, an additional cost will apply should it be after the initial resin bound installation.
4.2 The client understands that the surface will feel rougher with the slip reduction addition.

 

5. Resin Bound Overlay Disclaimer

5.1 The warranty does not cover the subbase when installing a resin-bound overlay.
5.2 The client acknowledges that they accept this limitation upon proceeding with the installation.

 

6. Image Render Disclaimer

6.1 Rendered images provided in the quotation are for illustrative purposes only.
6.2 Actual colours, textures, and finishes may vary due to lighting conditions, screen settings, and material variations. These renders do not constitute a guarantee of the final product.

 

7. Liability for Plant and Machinery

7.1 Plant and machinery may be left on-site overnight, the client should ensure that their home insurance covers any potential theft or damage to the plant and equipment.
7.2 The client is responsible for any theft or damage to materials and plant left on-site.

 

8. Liquidated Damages, Fines or Penalties

8.1 Devine Works Limited is not liable for any liquidated damages, fines or penalties imposed by a contractor or arising from delays beyond our control. The client agrees not to hold the Company responsible for any such costs.

 

9. Payment Terms & Legal Actions

9.1 Payment Structure
The total project cost will be outlined in the estimate and divided into staged payments.

The total project cost will be outlined in the estimate provided to the Client and divided into agreed staged payments. These stages may vary depending on the scope, size, and nature of the works. A typical example may include:

• 25% Booking Deposit – Payable upon project booking and acceptance of the quotation (subject to a 14-day cooling-off period as per Clause 3.1).
• Interim payments – Payable upon completion of key project stages, such as Excavation, Infill Layering, Additional Preparations, Binder Course or Surface Course.
• Final payment – Payable upon completion of all contracted works, including Surface Course, Waste Removal, and any Additional Preparations, where applicable.

Unless otherwise agreed in writing, the specific payment breakdown will be confirmed in the formal estimate and shall form part of the contract between the Client and Devine Works Limited

Example as follows:

• 25% Booking Deposit – Payable upon project booking and estimate acceptance. (14-day cooling-off period applies, after which this becomes a non-refundable deposit – see 3.1)

• 25% Payment – Due upon completion of Excavation and Infill Layering.

• 25% Payment – Due upon completion of the Binder Course (or equivalent stage).

• 25% Final Payment – Due upon completion of the Surface Course and Waste Removal.

The final invoice will include delivery of any agreed documentation, such as the 10-Year Warranty PDF and Carbon Offset Certification (if applicable). No warranty or documentation will be issued until the full project balance is paid in full.

 

9.2 Variations and Additional Works
Any variations, additional works, or materials not included in the original estimate will be invoiced separately and are payable upon receipt.

9.3 Out-of-Hours Work
The Company reserves the right to charge additional fees for any work carried out outside of normal working hours, including evenings, weekends or bank holidays, unless otherwise agreed in writing.

9.4 Interim Payment Enforcement & Work Suspension
Failure to make interim payments as scheduled will result in the immediate suspension of works. A standing charge of £250 per day, per person will be applied until payment is received. Any delays resulting from non-payment may lead to rescheduling and additional charges.

9.5 Late Payments
If payment is not received within 28 days from the invoice date:

• A 7-day written reminder will be issued.

• If payment is still not received, a final 7-day notice will be sent.

• The Company reserves the right to pursue legal action thereafter.

• The warranty shall not come into effect until full payment is received.

9.6 Legal Action & Recovery Costs
If legal proceedings are required to recover outstanding payments, all legal and administrative costs incurred by Devine Works Limited will be added to the outstanding balance. Legal proceedings will commence following the expiry of the final 7-day notice period.

9.7 Dispute Resolution
Any disputes must first be raised in writing with the Company. Both parties will make reasonable efforts to resolve disputes amicably. If a resolution cannot be reached, the Company reserves the right to:

• Engage in mediation or arbitration, or

• Terminate the contract without further liability, if the dispute materially affects the delivery or completion of the works.

 

10. Remedial Works and Payment Before Repairs

10.1 Any remedial works required due to factors outside of our control or after the Company has left the premises will only be carried out once the final invoice has been paid.
10.2 These works will be quoted separately.

 

11. Satisfaction Claims

11.1 The client must report dissatisfaction with the work carried out within 7 days after completion. Claims reported after this period will be treated as warranty claims.
11.2 The client must notify us in writing of any defects or issues within this period.

 

12. Client Obligations for Site Readiness

12.1 The work site and area must be cleared of all debris, vehicles and should it be instructed prior to installation jet-washed and swept.

12.2 If the site is not ready for works or installation, additional charges will apply for delays caused by the client’s failure to meet their obligations.
12.3 Delays will incur a charge of £110.00 ex VAT per hour or part hour.
12.4 If a revisit is required, an £800 ex VAT charge will apply.

12.5 If delays are caused by the client’s failure to meet obligations, the Company reserves the right to charge additional fees for downtime or to postpone the work until payment is made or the site is prepared.

 

13. Goods Delivery and Risk

13.1 The buyer assumes responsibility for the goods once they are delivered to the designated address.
13.2 The buyer is responsible for ensuring the goods are stored securely and are covered by their insurance.

13.3 Any damages or losses to goods, once delivered, are the responsibility of the buyer.

13.4 If goods are refused or obstructed upon delivery, the buyer agrees to cover the costs of restocking, handling, and any redelivery fees.

13.5 Title to any goods remains with the Company until full payment has been made.

 

14. Site Preparation and Access

1. The Client must ensure that the site is ready for work before the scheduled start date. All working areas should be clear of debris and vehicles.

2. Suitable parking must be provided for all vehicles, including vans and plant machinery.

3. If the site is not prepared or if access is restricted, additional charges may apply.

 

15. Natural Variations in Materials

15.1 Devine Works Limited makes no guarantee regarding the uniformity of natural materials, such as stone or aggregate due to but not limited to quarrying and batching. The client accepts that variations in colour, texture and blend are natural occurrences and do not constitute defects in the product or installation.

15.2 The client agrees that such variations will not be grounds for withholding payment.

 

16. Curing and Setting Times

16.1 Resin Bound Surfaces
After installation, resin-bound surfaces require a curing period of 24-72 hours. The curing time depends on the temperature and humidity levels at the time of installation.

16.2 Impact of Weather Conditions
Weather conditions may affect curing times. The surface should be protected until fully set and cured.

16.3 Tarmac Surfaces
Tarmac surfaces require a curing period of 24 hours before traffic can be allowed. However, heavy loads or traffic should be avoided for up to 72 hours to allow the tarmac to set properly.

16.4 Block Paving and Paving Stones
Block paving and paving stones generally require 24-48 hours to set and fully cure. It is important that these surfaces are not subjected to heavy weight or movement until the curing process is complete.

16.5 Concrete Surfaces
Concrete surfaces require at least 48-72 hours to fully cure. This curing process is essential for achieving maximum strength and durability, and the surface should be kept undisturbed during this period.

16.6 Rubber Safety Surfaces (Wet Pour or Rubber Mulch)
Rubber surfaces typically require a curing period of 12-24 hours, depending on weather conditions. The surface should remain undisturbed during this time to ensure the material bonds properly.

16.7 Client’s Responsibility Post-Installation
The client is responsible for ensuring that the surface remains undisturbed during the curing period. This includes avoiding heavy foot or vehicle traffic, preventing the surface from being washed or exposed to harmful chemicals, and ensuring no construction work or other activities are performed that could damage the setting surface.

16.8 Post-Installation Use and Curing Period
Following installation, the Buyer agrees that the installed surface must not be walked on, driven on, or otherwise used for a minimum of 48 hours to allow proper curing. The Buyer assumes full responsibility for protecting the surface during this curing period. Devine Works Limited shall not be liable for any damage, defects, or performance issues resulting from failure to comply with this requirement. Should damage occur during this period, the Seller may offer to carry out repairs at the Buyer’s expense. Payment for the installation may not be withheld on the grounds of such damage.

16.9 Damage Beyond Seller’s Control
Once installation is complete and Devine Works Limited’s team has vacated the site, the Seller shall not be liable for any damage caused by external factors beyond its control. This includes but is not limited to damage caused by the Buyer, third parties, animals, wildlife, or adverse weather conditions. Any repair work required due to such damage will be quoted and charged separately. The Buyer understands and accepts that repaired areas may differ in appearance or texture from the original installation, and the Seller does not guarantee an exact match.

 

 

17. Damages and Liability After Installation

17.1 The buyer acknowledges and agrees that following the installation of the goods and after the installation team has left the premises, Devine Works Limited is not liable for any damages that require repairs caused by factors beyond our control. This includes but is not limited to:
i) Buyer-caused damage;
ii) Third-party damage;
iii) Wildlife or weather-related damage.
17.2 If damage occurs to the surface, Devine Works Limited will repair the area at the client’s cost.
17.3 The buyer acknowledges that any repairs or alterations made to the goods, including but not limited to surfaces or installations, may result in visible differences in the appearance or texture of the surface. The client accepts that repaired areas may not match the original surface and will not hold Devine Works Limited responsible for such differences.
17.4 The buyer agrees to not withhold any payments due under these conditions.

 

18. Liability for Accidents, Injuries or Misuse

18.1 Following installation, Devine Works Limited shall not be held liable for any slips, falls, accidents, or injuries resulting from the misuse, handling, or activities of the buyer.
18.2 The buyer accepts full responsibility for the proper use and handling of the purchased goods and agrees to release Devine Works Limited from any claims, damages, or liabilities associated with accidents, injuries, or damages incurred during or after the use of the purchased items.

18.3 Surface Slip Risk and User Responsibility
The Buyer acknowledges and accepts that surfaces installed by Devine Works Limited—such as resin bound, resin bonded, tarmac, asphalt, Type 1 and Type 3 aggregates, paving, edging, wood, and stone—may be, or become, slippery, particularly when wet. Users are responsible for taking appropriate precautions, including the use of anti-slip footwear or traction aids. Devine Works Limited shall not be held liable for any slips, falls, injuries, or damages resulting from the inherent nature of the installed surfaces.

18.4 Assumption of Risk and Liability Waiver
The Buyer accepts and assumes full responsibility for the proper use, maintenance, and ongoing condition of all goods and installed surfaces. Devine Works Limited shall not be liable for any injuries, accidents, or damages occurring during or after use of the goods due to misuse, negligence, lack of maintenance, or other external factors. The Buyer hereby releases Devine Works Limited from any claims or liabilities arising in such circumstances.

 

 

19. Force Majeure

The Company will not be liable for any delay or failure to perform its obligations due to circumstances beyond its control, including but not limited to acts of God, strikes, accidents, or natural disasters.

20. Health and Safety

20.1 Compliance
Devine Works Limited is dedicated to maintaining the highest health and safety standards across all worksites. We fully comply with all applicable UK health and safety laws, including the Health and Safety at Work etc. Act 1974 and its associated regulations.

20.2 Client Responsibilities

• The Client must ensure the worksite is safe and accessible for the installation team. This includes removing debris, obstacles, and ensuring pets and children are kept clear of the work area.

• The Client must inform Devine Works Limited of any site-specific hazards, underground services, or other conditions that could affect safety during the works.

• Where the work requires extended time on site, the Client must provide adequate welfare facilities, such as access to drinking water, rest areas, and sanitary arrangements.

20.3 Contractor Safety

• Devine Works Limited guarantees that all personnel are properly trained and equipped with suitable personal protective equipment (PPE).

• Risk assessments are carried out before work begins and are continually reviewed throughout the project to manage and mitigate any hazards.

• All machinery and equipment used on site comply with relevant safety standards and will be operated only by qualified personnel.

20.4 Accident Reporting

• Any accidents or incidents involving Devine Works Limited personnel on site will be promptly reported to the Client and, where required, to the appropriate authorities.

• The Client must also inform Devine Works Limited immediately of any accidents involving their own personnel or third parties occurring on or near the worksite.

20.5 Liability and Indemnity

• Devine Works Limited accepts no liability for injuries or damages caused by unsafe site conditions that were not communicated or rectified before work commenced.

• The Client agrees to indemnify Devine Works Limited against any claims from third parties arising due to unsafe site conditions, negligence in supervision, or failure to comply with reasonable safety requests.

20.6 Work Suspension

• Devine Works Limited reserves the right to suspend all work immediately if unsafe conditions are identified that endanger personnel or the public. Work will only recommence once these hazards have been satisfactorily addressed.

• Suspensions caused by the Client’s failure to meet health and safety obligations may incur additional charges and project delays.

20.7 Buyer’s Responsibility for Goods

• The Buyer acknowledges the potential hazards associated with the goods supplied by Devine Works Limited, whether stored at the Seller’s premises, in transit, or on-site. Devine Works Limited accepts no liability for any damage or injury resulting from actions by the Buyer or their representatives. The Buyer is responsible for ensuring compliance with all relevant regulations, including but not limited to COSHH (Control of Substances Hazardous to Health) and any transport or vehicle labelling requirements. Product Safety Data Sheets (SDS) and technical literature are available on request.

 

21. Power and Water Supply

21.1 The Client agrees to provide access to a suitable water supply and electrical power source, free of charge, for the duration of the installation works.
21.2 Failure to provide power and water may result in delays and additional charges if alternative arrangements are required.

 

22. Light Fittings and Embedded Fixtures

22.1 Light fittings or any other fixtures that require resin installation around them must be installed at the correct height and depth prior to resin works commencing.
22.2 Devine Works Limited will not be liable for any inconsistencies, uneven finishes, or visual imperfections resulting from incorrectly installed or poorly positioned fittings.
22.3 Responsibility for ensuring the correct placement lies solely with the Buyer or their appointed third party.

22.4 Any remedial works required due to such issues will be chargeable.

 

23. General Warranty Periods

Unless expressly stated otherwise in writing, the following warranty periods shall apply from the date of completion of installation. All warranties provided by Devine Works Limited are subject to strict adherence to the company’s Terms and Conditions and associated Maintenance Guidelines. Each warranty shall diminish in value annually, as specified, and applies solely to the originally contracted client.

23.1 Resin Bound Installations

A warranty period of ten (10) years is provided, subject to a diminishing value of 10% per annum. This warranty covers installation workmanship and material integrity but excludes damage from misuse, external impact, or subbase failure.

23.2 Paving Supply and Installation

A warranty period of six (6) years, diminishing by 16.7% per annum, is provided. This covers installation workmanship and surface stability. It excludes wear caused by natural movement, jointing sand loss, and biological growth such as moss or weeds unless otherwise agreed in writing.

23.3 Tarmac/Asphalt (Open or Close Graded – AC10, AC14, AC20, DBM, HRA)

A warranty period of two (2) years, diminishing by 50% per annum, applies. Warranty coverage is limited to material defects and workmanship. It does not extend to damage from traffic overloading, oil or chemical staining, or subbase instability.

23.4 SMA Tarmac Supply and Installation

A warranty period of two (2) years, diminishing by 50% per annum, is provided. This includes coverage for workmanship and material integrity but excludes surface wear from turning vehicles, high temperatures, or environmental conditions.

23.5 Block Paving

A warranty period of five (5) years, diminishing by 20% per annum, is granted. This covers workmanship and surface stability. The warranty does not extend to natural jointing sand erosion, weed growth, or efflorescence.

23.6 Concrete Surfaces (Plain or Patterned)

A warranty period of five (5) years, diminishing by 20% per annum, is applicable. This covers workmanship and material defects. Exclusions include cracks caused by ground movement, shrinkage, or accidental impact.

23.7 Rubber Crumb Safety Surfaces (Wet Pour or Rubber Mulch)

A warranty period of three (3) years, diminishing by 33.3% per annum, is provided. This covers bonding and surface cohesion. The warranty excludes wear due to excessive play activity, UV fading, or subbase failure.

23.8 Edging and Kerbing (Concrete or Stone Edges)

A warranty period of five (5) years, diminishing by 20% per annum, is applicable. This covers fixing integrity and structural stability. Cosmetic chipping, wear from external forces, and environmental effects are not covered.

23.9 Drainage Installations (Basic Surface Water Drainage)

A warranty period of two (2) years, diminishing by 50% per annum, is granted. This applies to installation workmanship and alignment integrity. It excludes blockages, backflow, or flooding due to third-party causes, debris accumulation, or system misuse.

23.10 Artificial Grass (Supplied and Installed)

A warranty period of five (5) years, diminishing by 20% per annum, is provided for the installation workmanship. Product-specific manufacturer warranties may apply separately to the synthetic grass material and shall be governed by their respective terms.

23.11 All warranties are valid only where the surface has been installed by Devine Works Limited and maintained in accordance with our official Care & Maintenance Guidelines.

 

24. Estimates

24.1 All estimates provided by Devine Works Limited are based on the information available at the time of inspection and/or client briefing. They are intended as a guide and do not constitute a fixed or binding quotation.

24.2 Due to the inherent uncertainties of groundwork projects, including but not limited to varying site conditions, hidden obstructions, unforeseen sub-base issues, drainage complications, contamination or adverse weather conditions, actual work requirements and costs may vary from the original estimate.

24.3 In the event that additional work, materials or time are required beyond what was initially estimated, the client will be informed as soon as practicably possible. Any such variations will be subject to a revised quotation and must be agreed upon before additional works proceed.

24.4 Devine Works Limited reserves the right to amend or withdraw an estimate at any time prior to a formal agreement being made in writing.

 

25. Warranty Conditions

1. Warranties only become active once the final invoice is paid in full within the agreed terms.

2. Warranties are valid only for the original purchaser and are non-transferable unless otherwise agreed in writing.

3. In the event of a property ownership change, the warranty may be transferred to the new owner upon payment of 20% of the original project value, subject to an inspection by Devine Works Limited.

4. Any remedial work under warranty will not exceed the value of the original product and may result in visible differences in appearance or texture.

5. Repaired areas are not guaranteed to match the original surface perfectly and shall not be considered a defect.

6. Devine Works Limited reserves the right to deny warranty transfer should the surface show signs of neglect, improper maintenance, or damage that would otherwise void the warranty for the original purchaser.

 

26. Change Orders

1. Any alterations, additions or deviations from the original agreed scope of works must be requested in writing by the client and are subject to approval by Devine Works Limited. No changes will be deemed accepted unless confirmed in writing by us.

2. All approved change orders may result in adjustments to the project timeline, pricing, and/or materials used. Any such adjustments will be communicated to the client and must be agreed upon before the additional work is undertaken.

3. Verbal instructions or requests made on-site will not be actioned unless followed up with written confirmation and formally accepted by Devine Works Limited.

4. Devine Works Limited reserves the right to refuse any change order that, in our professional opinion, compromises the structural integrity, safety, or aesthetic outcome of the works.

5. Any delays caused by change orders, including client indecision or late approval, may result in additional charges and/or rescheduling of the project timeline.

 

27. Acceptance of Terms by Deposit Payment

27.1 The client accepts these terms and conditions by paying the deposit, which acts as formal acceptance of both the terms and the quotation.

27.2 By proceeding with any services provided by Devine Works Limited, the Client acknowledges and agrees to abide by these Terms and Conditions.

 

Governing Law

These Terms and Conditions are governed by English law, and any disputes will be resolved in the courts of England and Wales.

Contact Information

• Devine Works Limited

• Registered Office: 9 Hayfield, Leybourne, West Malling, England, ME19 5PX

• Contact number: 01732 387097

• Email: info@devineresin.com