Terms & Conditions

1. Definitions

"Customer" means the person, business, organisation or other legal entity named in the Quotation or otherwise instructing the Works.

"Works" means the services, labour and materials Kola agrees to provide in the Quotation, including any related preparation, construction, surfacing, driveway, patio, landscaping, rendering, conservatory, extension, coating, decking, paving or installation work.

"Quotation" means the written proposal, estimate or quote that sets out the proposed Works, price, assumptions and any specific conditions.

"Commencement Date" means the date on which we first attend site to begin the physical Works.

2. Quotations

2.1 Unless a different period is stated in writing, each Quotation may be accepted for 30 days from its issue date.

2.2 Prices and scope are prepared using the details available to us at the time, including any site visit. If the site, measurements or information differ from what we relied on, the price, programme or scope may need to change.

2.3 Planning applications, building control charges, structural engineer fees, professional fees, authority charges and other third-party costs are excluded unless the Quotation clearly includes them.

2.4 Until a Quotation has been accepted and confirmed, the Company may withdraw, update or correct it.

3. Contract Formation

3.1 A contract is made when the Customer accepts the Quotation in writing, including by email or signed acceptance form, and the Company confirms the order.

3.2 These Terms & Conditions are incorporated into every contract for Works supplied by the Company.

3.3 Additional work, design changes or specification changes must be agreed in writing before they are carried out.

4. Payment Terms

4.1 Unless the Quotation states otherwise, payment terms are as follows:

• A deposit of up to 50% of the contract value may be required when the Quotation is accepted.
• The outstanding balance is payable on practical completion, unless the Quotation sets out staged payments or a different payment schedule.

4.2 Payment can be made by bank transfer, debit card or another method agreed by the Company in writing.

4.3 If an amount remains unpaid after its due date, the Company may charge interest and reasonable collection costs where permitted by law. Business customers may also be charged statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998.

4.4 Ownership of unfixed materials supplied by the Company does not pass to the Customer until those materials have been paid for in full.

5. Site Preparation & Customer Responsibilities

5.1 Before the Commencement Date, the Customer must make the site safe, clear and available for the Works, including moving vehicles, garden furniture and other obstructions.

5.2 The Company will carry out the preparation described in the Quotation. If hidden, unsuitable or unexpected site conditions require extra preparation or remedial work, the Customer will be told and additional charges may apply.

5.3 The Customer must provide clear access to water and electricity where either is reasonably needed for the Works.

5.4 The Customer must tell the Company about known underground or hidden services before the Works begin. The Company is not responsible for damage to unmarked or undisclosed pipes, cables, drains, irrigation systems or concealed items unless the damage is caused by the Company's negligence.

6. Workmanship & Materials

6.1 The Company will use materials and systems suitable for the Works and consistent with the specification in the Quotation.

6.2 Samples, brochures, website images and digital visuals are guides only. Natural variation, batch differences, lighting and weather can affect the final colour, texture and appearance.

6.3 Weather, safety or technical conditions may require the Works to be delayed, suspended or rescheduled, including rain, frost, high winds, extreme temperatures or unsuitable curing conditions. The Company is not liable for delay caused by these conditions.

6.4 The Works will be carried out with reasonable care and skill and in a professional manner, using applicable industry standards as a guide.

7. Warranty & Guarantee

7.1 The Company provides a 15-year guarantee for resin bound driveway installations where Daltex materials are supplied and installed by the Company as part of the Works. The guarantee runs from the date of practical completion. For all other Works, the warranty or guarantee period is the period stated in the Quotation. Any warranty or guarantee is subject to the following conditions:

• The Works have been maintained in line with our care guidance or the relevant manufacturer guidance.
• The issue is not caused by subsidence, structural movement, tree root damage, overloading, misuse, neglect or third-party interference.
• The Customer has not used chemicals, solvents, incompatible products or unauthorised alterations on the Works.

7.2 The 15-year Daltex resin bound driveway guarantee applies only to the relevant resin bound driveway installation and does not apply to other Works, surrounding areas, pre-existing base defects or customer-supplied materials unless expressly stated in the Quotation.

7.3 The warranty or guarantee excludes natural weathering, minor colour variation, normal settlement, fair wear and tear, algae, moss, staining, environmental discolouration and damage outside the Company's control.

7.4 Manufacturer warranties for Daltex materials or any other products are controlled by the relevant manufacturer terms. Where a manufacturer warranty is available, the Company will pass it on to the Customer where possible.

7.5 Warranty or guarantee claims must be reported to the Company in writing within 30 days of the Customer discovering the alleged defect.

8. Limitation of Liability

8.1 To the fullest extent permitted by law, the Company's financial liability for any claim connected with the Works is limited to the total contract value paid by the Customer for those Works.

8.2 The Company is not responsible for indirect or consequential losses, including loss of revenue, loss of use, loss of enjoyment or losses caused by delay outside the Company's reasonable control.

8.3 Nothing in these Terms & Conditions limits or excludes liability for death or personal injury caused by negligence, fraud or any liability that cannot legally be limited or excluded.

9. Cancellation

9.1 Cancellation must be sent to the Company in writing.

9.2 If cancellation is received more than 14 days before the Commencement Date, the Company will refund any deposit paid after deducting reasonable costs already incurred, including ordered materials, surveys or design work.

9.3 If cancellation is received less than 14 days before the Commencement Date, the Company may retain the deposit to cover losses, administration and commitments already made.

9.4 If the Works have started, the Customer must pay for labour, materials and work completed up to the cancellation date.

9.5 The Company may cancel a contract if site conditions make the Works impractical, unsafe or unsuitable. In that situation, any deposit will be refunded after deducting any properly incurred costs where applicable.

10. Disputes

10.1 If a dispute arises, both parties should first try to resolve it informally by contacting the Company at contact@kolaconstruction.co.uk or by calling 0800 038 5746.

10.2 If the matter is not resolved informally within 30 days, either party may suggest mediation or an applicable Alternative Dispute Resolution (ADR) process.

11. Governing Law

These Terms & Conditions, each contract for Works and any related claim are governed by the law of England and Wales. The courts of England and Wales will have jurisdiction over any dispute.

12. Contact Us

Questions about these Terms & Conditions should be directed to:

• Company: Kola Construction LTD
• Company No.: 11268867
• Address: 270-272 Ashley Road, Poole, England, BH14 9BZ
• Phone: 0800 038 5746
• Email: contact@kolaconstruction.co.uk