Payment Terms and Conditions (UK)

1. Acceptance of Terms

By accepting our quotation, whether verbally, in writing, or by instructing us to proceed with the works, you confirm that you have read, understood, and agree to be bound by these Payment Terms and Conditions. These terms form part of the contract between you and the Company.
2. Payment Due Date

Unless expressly agreed otherwise in writing: - Payment in full is due by the end of business hours on the day the works are completed. - Completion is deemed to occur when the contracted works have been substantially carried out and made available for use, regardless of any minor outstanding items.
3. Late Payment

Any invoice not paid in full by the due date shall be deemed overdue. We reserve the right, without prejudice to any other rights or remedies, to take one or more of the following actions in respect of overdue payments: - Charge interest on the outstanding balance; - Recover reasonable costs incurred in pursuing the debt; - Suspend further works or services until payment is received in full.
4. Interest on Overdue Amounts

In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, we reserve the right to charge statutory interest on overdue sums. Interest shall: - Accrue on a daily basis from the day following the due date until payment is received in full; - Be charged at a rate of 8% per annum above the Bank of England base rate, as applicable at the time the debt becomes overdue. Interest may be charged and invoiced at our discretion and does not need to be formally demanded before it becomes payable.
5. Debt Recovery and Compensation

Where payment becomes overdue, we reserve the right to recover: - Statutory fixed compensation for late payment, as permitted under the Late Payment of Commercial Debts (Interest) Act 1998; - Any reasonable additional costs incurred in recovering the debt, including but not limited to administrative costs, legal fees, and debt collection agency fees, to the extent permitted by law. 6. No Waiver

Failure or delay by the Company to exercise any right or remedy under these terms shall not constitute a waiver of that or any other right. 7. Governing Law

These Payment Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the English courts.

GENERAL TERMS AND CONDITIONS

These terms and conditions (the "Terms and Conditions") govern the use
of https://esc-surfacing.co.uk (the "Site"). This Site is owned and
operated by ESC Surfacing Contractors. This Site is a surfacing contractors.

By using this Site, you indicate that you have read and understand these
Terms and Conditions and agree to abide by them at all times.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT
IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT
CAREFULLY.

Intellectual Property
All content published and made available on our Site is the property of
ESC Surfacing Contractors and the Site's creators. This includes, but is
not limited to images, text, logos, documents, downloadable files and
anything that contributes to the composition of our Site.

Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our
Site for illegal purposes, and not to:

  * Violate the intellectual property rights of the Site owners or any
    third party to the Site; or
  * Act in any way that could be considered fraudulent.

If we believe you are using our Site illegally or in a manner that
violates these Terms and Conditions, we reserve the right to limit,
suspend or terminate your access to our Site. We also reserve the right
to take any legal steps necessary to prevent you from accessing our Site.

Limitation of Liability
ESC Surfacing Contractors and our directors, officers, agents,
employees, subsidiaries, and affiliates will not be liable for any
actions, claims, losses, damages, liabilities and expenses including
legal fees from your use of the Site.

Indemnity
Except where prohibited by law, by using this Site you indemnify and
hold harmless ESC Surfacing Contractors and our directors, officers,
agents, employees, subsidiaries, and affiliates from any actions,
claims, losses, damages, liabilities and expenses including legal fees
arising out of your use of our Site or your violation of these Terms and
Conditions.

Applicable Law
These Terms and Conditions are governed by the laws of the Country of
England.

Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if
you and ESC Surfacing Contractors are unable to resolve any dispute
through informal discussion, then you and ESC Surfacing Contractors
agree to submit the issue first before a non-binding mediator and to an
arbitrator in the event that mediation fails. The decision of the
arbitrator will be final and binding. Any mediator or arbitrator must be
a neutral party acceptable to both you and ESC Surfacing Contractors.
The costs of any mediation or arbitration will be paid by the
unsuccessful party.

Notwithstanding any other provision in these Terms and Conditions, you
and ESC Surfacing Contractors agree that you both retain the right to
bring an action in small claims court and to bring an action for
injunctive relief or intellectual property infringement.

Severability
If at any time any of the provisions set forth in these Terms and
Conditions are found to be inconsistent or invalid under applicable
laws, those provisions will be deemed void and will be removed from
these Terms and Conditions. All other provisions will not be affected by
the removal and the rest of these Terms and Conditions will still be
considered valid.

Changes
These Terms and Conditions may be amended from time to time in order to
maintain compliance with the law and to reflect any changes to the way
we operate our Site and the way we expect users to behave on our Site.
We will notify users by email of changes to these Terms and Conditions
or post a notice on our Site.

Contact Details
Please contact us if you have any questions or concerns. Our contact
details are as follows:

08008 402112
info@esc-surfacing.co.uk
Sequoia Field Farm, Crowthorne, Berkshire RG45 6AD

You can also contact us through the feedback form available on our Site.

Effective Date: 10th day of January, 2025