1. DEFINITIONS
1.1 In these conditions:
the “Contract” means the contract for the sale and purchase of Goods and Works.
the “Customer” means the party contracting with SICL;
the “Goods” means any tools, equipment, materials or products supplied or sold by SICL;
the “Order” means the order placed by the Customer with SICL;
the “Substrate” means any surface that our materials are applied onto:
“SICL” means one of the following companies: Specialist Industrial Coatings Limited or it’s subsidiary trading names, Specialist Resin Floorings and Designer Resin Floors, depending on which company or trading name is identified on our quotation or documentation relating to the project, of PO Box 148, Ninfield, Battle, TN33 3BS, England; and the “Works” means the provision of the materials, equipment and labour and/or executing the works to be performed.
1.2 Headings in these conditions are for convenience only and shall not affect their interpretation

2. BASIS OF CONTRACT
2.1 SICL shall provide the Works in accordance with an Order of the Customer which is accepted in writing by SICL.
2.2 These conditions shall govern the Contract to the exclusion of any other terms and conditions.
2.3 No variation to these conditions shall be binding unless agreed in writing by an authorised representatives of SICL.
2.4 The Customer confirms that it does not rely on any representations of SICL, its employees or representatives which have not been confirmed in writing by an authorised representative of SICL.
2.5 These Conditions shall apply to all Customers who do not fall within the definition of a “consumer” contained in the Unfair Terms in Consumer Contracts Regulations 1999. Where the Customer falls within this definition, SICL’s Domestic Terms shall apply, a copy of which will be provided upon request.

3. ORDERS & SPECIFICATIONS
3.1.1 No Order shall be deemed to be accepted by SICL until confirmed in writing by SICL’s authorised representative.
3.1.2 Each individual job listed and detailed in any Order will be treated as a separate Contract. The final acceptance by SICL of any item of work contained within the Order is subject to the proviso that SICL has suitably skilled manpower available at the time to perform the work to an acceptable standard and within a mutually acceptable timeframe. SICL reserves the right to rescind the Contract or re-schedule the performance of the Contract at any time. SICL also retain the right not to start work or travel to a job site until all documentation as required by SICL has been received by SICL office or SICL representative and the Customer hereby waives its entitlement to any claim whatsoever for compensation in the case of such rescission or re-scheduling. The Customer will pay to SICL any additional costs incurred as a result of delays in the arrival of the said documentation.

4. CONDITIONS OF PAYMENT
4.1 The Customer shall pay SICL within 20 days from the date of invoice. International or overseas purchases of equipment or materials will be paid for in advance, FOB, COD or letter of credit. Other terms and conditions of payment may be applied on an individual basis agreed in writing by SICL.

5. PRICES QUOTED
5.1 The prices quoted shall apply only to the specified areas only at the time of issuing the original quotation and will not necessarily hold good for other areas or subsequent work. The prices specified in the quotation are based on the cost of wages and materials, plant hire and taxes prevailing at the date of quotation, and are valid for 28 days from the date shown in the quotation. Where Provisional Costs are shown adjustments are to be made to the quotation on completion of work. Provisional costs are estimates of costs only as no accurate cost can be given at the time of quoting, and SICL shall not be bound by such provisional costs quotations.
5.2 All Works performed will be subject to measurement and the final surface area will be calculated upon completion. Any increase in the surface area greater than the area stated on the estimate or quotation will be added to the final invoice and paid by the Customer as additional work performed at a square metre rate. The rate per square metre will be calculated by dividing the price stated on the estimate or quotation by the number of square metres stated on that estimate or quotation.
5.3 Unless stated otherwise, all prices stated in any offers, estimates, quotations and other documentation from us are based on being in British Pounds Sterling and are plus VAT at the current UK rate and being the amount required to be received by us as cleared funds. Each party will cover their own bank charges and fees in their own country.
5.4 Quotations or estimates are submitted based on what could be clearly seen at the time of our site inspection or on information received by us. If after the work has started should it be discovered that conditions have either changed since our site visit or defects found and additional work being required in areas that were not clearly visible at the time of the site inspection and it is necessary by the purchase of additional or different materials, additional labour, work or equipment to be able complete the work to the correct standard then any additional work or materials being required will be at an additional cost. Any additional work, labour, materials or equipment usage would be by mutual agreement and charged for accordingly. In certain cases and in order not to delay the job we may only be able give a general indication of the additional costs involved. Verbal acceptance of the additional work may be accepted, however written confirmation would be preferred. Any additional job costs will be shown separately on the invoice on completion of the job.
5.5 The price/s stated in an estimate or quotation by SICL are based on having a smooth ready to treat surface, other than any surface preparation works stated in the estimate or quotation. This means that the substrate should be free from all extraneous matter, machinery and dust and to be in a clean, dry condition ready for our works. In all cases it should be noted that the re-surfacing systems that we use are not rebuilding the existing surface, but a surface dressing or coating system, and that the substrate is to be of a suitable strength and consistency for the normal expected traffic usage and load bearing.
5.6 The Customer to supply us free from charge. The area to be treated to be supplied to us at a temperature between 15 and 20 degrees centigrade, in a clean and dry condition ready to start our works and work permits issued, as required. All equipment and machinery to be removed from the treatment areas, where possible. Disposal of site waste generated during the project which will include spoil removed from the surfaces being treated, spent materials, left over materials, empty resin and solvent containers etc. Free issue supply of the following: electrical supply for our equipment, (mixers, grinders, heaters and ventilators etc.) heating and/or ventilation as required to ensure correct conditions during and after the works. Use of toilet and welfare facilities for our site personnel. Space adjacent to the works sites for the secure temporary storage of our tools and equipment for the duration of the project.
5.6 It is the responsibility of the Customer to provide heating and/or ventilation as required for works being carried out and especially during cold weather periods or when working in cold areas. Ideally it is required that a constant temperature of between 15 to 20 degrees Centigrade and/or good ventilation is maintained throughout the whole treatment process, including surface preparation, material application and post application curing or hardening.
5.6.1 Should it not be possible to achieve this temperature and/or ventilation, then there can be a delay in the hardening of resin based systems.
5.6.2 The cost of additional heating and/or ventilation, should it be required, will be on the cost of the Customer, unless stated in the original quote or estimate submitted by SICL that it is included in the price. Any heating and/or ventilation supplied by SICL will be limited the surface preparation and application stages only. Post application heating and/or ventilation should it be required, will be on the cost of the Customer.
5.6.3 SICL is not responsible for any loss of Customer earnings or production or product taint as result due to delays in the setting of resin based materials on work carried out in cold temperature conditions or poorly ventilated areas. Post application curing temperatures vary between different products. Guidelines for application and post application heating and/or ventilation will be given on site by SICL and can be given in writing if requested.
5.7 The systems we use for resin based flooring systems will follow the general contours of the existing surface or the surface following the removal of detectable substandard substrate. They will generally smooth out and lessen any existing deformities and inconsistencies. However, they are not designed to make a completely flat surface. This would have to involve another process which can be carried out as a special undertaking and at an extra cost.

6. VARIATION OF PRICE
6.1 SICL may alter prices at any time without notice in the event of market variation in the costs of materials incurred after acceptance of the Customer's order.
6.2 Price is also subject to adjustment if any changes are made by the Customer in the specification or quantities or delivery requirements.

7. PLANNING PERMISSION AND OTHER APPROVALS/CONSENTS
7.1 Any planning permission, building permits, health authority approvals and other consents where required shall be obtained and paid by the Customer directly to the relevant authority.
7.2 Unless otherwise agreed in writing by SICL’s authorised representative the responsibility for obtaining any necessary planning permission or other consents or approvals that may be required will remain the sole responsibility of the Customer and/or the owner of the property or facility where the work is being undertaken.
7.3 In the event of the Customer failing to obtain the relevant permission or other consents for work or services being carried out by SICL on the Customer’s property or facility the Customer accepts full responsibility for claims arising from any such infringement. All work is carried out by SICL on the assumption that all and any necessary permissions and consents have been obtained, and the Customer shall be responsible for any additional costs incurred by SICL as a result of failure to obtain such permissions and consents.
7.4 SICL retains the right to charge downtime at the rate of £35.00 per man-hour based on a 10 hour working day and six-day week, the pro-rata hourly rate at cost charge for any plant on site for the duration of any delays during work.
7.5 Downtime will be payable in the event of delays caused to SICL work whilst any disputes caused by or relating to permissions or consents are settled. In the event of work being completely stopped as the result a dispute regarding permissions or consents the Customer will pay to SICL all monies that are due to date for Works so far performed together with any materials and administration costs that SICL has incurred. Downtime in respect of permissions and consents will be counted as additional work and the value of which will be added to the final invoice and paid for by the Customer.
7.6 Downtime will be payable in the event of delays caused to SICL work by action/s by the Customer or the Customer’s agents or representatives or other contractors working on site including but not limited to the following: power cuts, industrial action, lock out, interruption of SICL work by other contractors, presence of toxic gasses, lack of oxygen, ingress of water or other incongruous mediums into the area where SICL is working, or any other delay that was the responsibility of the Customer or the Customer’s agent to ensure the supply of or absence of.
7.7 Downtime will be run from the time of the interruption to the time when SICL personnel are able to continue their work.
7.8 A record of any downtime will be kept by SICL and the amount of downtime will be agreed and countersigned by the Customer or the Customer’s representative.
7.9 The cost of downtime incurred will be counted as additional work and the value of which will be added to the final invoice and paid for by the Customer.
7.10 In the event of having to repeat the same work again or the necessity to make further works and/or to bring in additional materials or equipment to complete the work because of downtime this will be counted as additional work and the value of which will be added to the final invoice and paid for by the Customer.
7.11 In the event of the work being stopped completely, the Customer will pay SICL for the work completed and costs incurred to date, plus the value of the downtime and other costs incurred by SICL up to the point when the Customer confirms to SICL in writing that work should not continue. The Customer will make this payment to SICL within 14 days of an invoice being issued in this respect.
7.12 We often take photographs of various projects that we work on and occasionally use the more interesting ones on our website or in our general marketing activities as examples of works that we have been involved with. Only general information is ever used to identify the project and location. No personal details are ever used. If you do not agree to us doing this please notify us to the effect in writing which we must receive and acknoledge prior to the start of the works.

8. ACCESS
8.1 The Customer is responsible for providing: a) complete free and easy access to the working area of the site; and b) all necessary electrical, water and other services. Any additional costs incurred due to the Customer failing to comply with this condition shall be payable by the Customer.

9. WORK CARRIED OUT BY CUSTOMER
9.1 Where the Works depend on any work being carried out by the Customer the price submitted is based on this work being carried out in a workmanlike manner and strictly to the agreed time schedule.
9.2 Additional costs incurred due to bad workmanship or hindrance on the part of the Customer or its workmen will be payable in addition by the Customer.

10. SUBSTRATE SUITABILITY
10.1 Concrete products require a curing period after laying operations have been completed. The length of this period is usually governed by the weather and the type, volume and weight of traffic to be encountered. At the time of handing over the completed facility, SICL will advise the Customer on this and other precautions that are to be taken. SICL cannot be held responsible for any damage that may result from the failure to follow these instructions, and such a failure may invalidate any warranty given by SICL under these conditions.

11. SITE PROTECTION
11.1 During and following the carrying out of the Works the Customer will be required to take care to protect the site and its surroundings and in particular to prevent any animal or unauthorised person from trespassing in the working area or interfering with machinery, equipment or other materials stored there. SICL accepts no responsibility for any additional costs incurred as a result of any breach of this condition. Any damage must be notified to SICL in writing within seven days of the trespass or interference.

12. UNEXPECTED ADDITIONAL WORK
12.1 Prices quoted for excavation are based on the assumption that excavation will be in the normal substrate or sub-soils and that no hidden obstacles will be encountered during any part of the Works. If rock or running sand, unstable ground, excess water or any other unforeseen circumstances or services such as water, gas, electricity, telephone, drainage, etc. are encountered which have not previously advised to SICL to exist and noted on the quotation or a separate document signed by both parties as being acknowledged or known about at the time of the quotation, SICL reserves the right to charge the Customer for any additional work involved. The cost of any additional work, whether by SICL or others, shall be additional to the figure quoted.

13. ADDITIONAL COSTS
13.1 The prices quoted are subject to the conditions being suitable for the carrying out of the Works. Any additional cost incurred by local authority, health and safety, engineer or other requirements, or which SICL reasonably determines to be necessary to properly prepare the ground or to provide a better finish, shall constitute an extra and be paid by the Customer upon completion of the Works.

14. ADDITIONAL WORK
14.1 Where extra Works are ordered by the Customer either in writing or verbally, this order will be noted by SICL in the daily log/record and the acceptance of the change of order will be confirmed by SICL to the Customer either verbally or in writing and unless within 7 days the order is rescinded it shall be treated as confirmed. Where possible, quotations will be submitted for additional works and variations as the Works proceed but otherwise will be charged at a fair price. All additional work will form a separate contract or contracts.

15. VARIATIONS OF COLOUR AND TEXTURE
15.1 The nature of materials and processes used make it unavoidable that apparent variation in texture and colour of the surface material may occur. Whilst every possible care will be exercised SICL cannot guarantee colour and texture matching to closer tolerances than those inherent in the material and processes used. While every effort is made to match colours as closely as possible to the colour required it is not always possible to make a 100% identical colour match and once the material has been applied to the substrate, the substrate base colour could have an effect on the final appearance of the new coating. Unless otherwise stated in writing by SICL, colours are not guaranteed as being UV resistant or light stable and may fade or yellow over a period of time.

16. MATERIALS AND EQUIPMENT
16.1 All materials and equipment on site shall remain the property and shall be in the exclusive possession of the SICL until payment in full for the Works has been made by the Customer. Any surplus materials at the end of the work remain the property of the SICL and will be removed from site by SICL upon completion of the Works.

17. WARRANTIES AND LIABILITY
17.1 Subject to the conditions set out below SICL warrants that:
17.1.1 Services and goods supplied will be free from defects in workmanship for a maximum period of  warranty for all our coating systems is 12 months, unless otherwise stated in writing
17.1.2 No warranties shall be given in relation to any other aspect of the Works except as specifically agreed in writing by SICL.
17.2 The above warranty is given by SICL subject to the following conditions:
17.2.1 SICL shall be under no liability in respect of any defect in the Works arising from any drawing, design or specification supplied by the Customer.
17.2.2 SICL shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, mechanical damage, change of use, substrate failure, abnormal working conditions, failure to follow SICL or the manufacturer’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods.
17.2.3 SICL shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods or Works has not been paid by the due date for payment. In the event of stage payments having been agreed and a warranty claim being made before all payments being received the payments will still be due as scheduled. In the event of any delay in payments being made due to a warranty claim, any arrears in payments are to be made within 5 working days of the work being corrected.
17.2.4 The above warranty does not extend to parts, materials or equipment not manufactured by SICL in respect of which the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to SICL.
17.2.5 Warranties for any Works are given subject to SICL being satisfied that there are defects in goods or materials workmanship by way of a site survey being carried out by SICL. If such survey does not disclose any defects in material or workmanship, SICL’s costs incurred in carrying out the survey will be payable by the Customer.
17.2.6 SICL’s liability under clause 17.1.2 is limited to repairing or furnishing materials and labour to replace only the immediate area or patch of resin which have been deemed to have failed within the warranty period from the time of completion of the works being the subject of this Contract, unless by separate and individual agreement and confirmed by SICL in writing, the defect is due to defective workmanship or material provided or furnished by SICL.
17.2.7 In the event of a claim and a subsequent repair being made by SICL, SICL is not liable for colour or texture variation in the repaired surface in comparison with the overall surface. In the event of a claim SICL liability is limited to the replacement of the defective coating and is not responsible for any consequential losses that the Customer may incur as a result of a coating failure.
17.2.8 In the event of such a claim all site conditions and services appertaining to the original contract will apply and will be made available to SICL without charge or further claim. If the client wishes to indemnify themselves against this clause then an additional charge of 25% of the quoted/estimated project value as detailed in the documentation relating to the project will be added to the invoice value of the work and will be paid by the client together with the main invoice for the work undertaken. If this indemnity is to be applied and the charge has been included it will be clearly stated as such on all relevant documentation.
17.2.9 In the event of SICL having to return to site for inspection purposes and/or to make repairs not covered within the terms of the warranty as stated above or on the completion protocol then the customer will pay SICL for the time that he has spent travelling, making the inspection/s and for the work carried out together with the cost of any additional materials, labour and equipment required to effect the repair/s.
17.2.10 The period of warranty is only applicable to the original Contract and in the event of a claim being made and subsequent repairs or replacement being made by SICL, SICL is under no obligation to extend the period of warranty for the repair work except where the repair work has been paid for in full as an additional cost subsequent to the main Contract.
17.2.11 Any references given to the life expectancy of any product has been based on having theoretical optimum working and operating conditions during the life of the product and having remedial repairs carried as required during the working life of the product. The overall practical life expectancy therefore could differ from the theoretical life expectancy and any shortfall would not be considered as a valid warranty claim.
17.2.12 Resin bonded natural stone is a re-surfacing system and not a re-building of the Buyer’s drive, path, patio or other surface and although every effort is made to generally smooth out unevenness of the original surface the system is a top dressing and will follow the contours of the original substrate. Should it be decided to have the bitumen based adhesive system as a surface dressing for a driveway, footpath or other surface. It is part of the normal system that there is a layer of loose stone left on the surface upon completion of the work and that and that the life expectancy and wearing qualities if the bitumen system are not as great as the resin bonded system. The products are not guaranteed against subsidence, movement, cracking or heave of the concrete, asphalt or other base structure. The Bitumen based system takes considerably longer than the resin based system to harden and in warm weather could soften. All of the above points have been explained to the Customer and have been accepted as part of the Contract.
17.2.13 In all cases it is the Customer’s responsibility to ensure that the substrate is of a suitable strength and consistency for the normal expected traffic usage and load bearing of which it will be used. As a condition hereof, any defects must be brought to the attention of SICL for verification when first discovered in the material or parts alleged to be defective and a representative sample returned to SICL if requested.
17.2.14 SICL shall not be liable for transportation charges in either direction or any installation charges, for expenses of the Customer for repairs or replacements or for damages from delay or loss of use or other indirect, incidental or consequential losses or damages of any kind.
17.2.15 SICL reserves the right to use improved designs of the parts to be replaced under the terms of this clause.
17.2.16 The warranty does not apply to any areas or items which have been repaired or altered by any persons other than employees or agents of SICL in any way so as in the judgement of SICL to affect its performance or reliability, or any failure of any materials or parts due to misuse, negligence or by mechanical, chemical or fire damage, damage caused by substrate failure or movement including but not limited to delamination, erosion or corrosion of substrate or substrate layers, general or localised breakdown of the substrate or cement based and other screeds applied to the substrate to which our resins have been applied, formation or opening of cracks, movement of expansion joints within the substrate, water, water vapour,  moisture or other contamination within or coming through the substrate, thermal shock, change of use or by climatic conditions including but not limited to damage or deterioration or colour change or fade or breakdown of the bonding resin caused directly or indirectly by subzero temperatures or temperatures in excess of 30 degrees centigrade, UV light, other than normal indirect light and reasonable use nor shall it apply beyond their normal span of life to any materials whose normal span of life is shorter than the applicable period stated herein.
17.2.17 The following shall be considered as mechanical damage to the resin surface and shall not be considered as a warranty or quality claim:
17.2.17(i) All resin based flooring systems are prone to some degree of scratching and mechanical damage, especially those with a gloss finish.
17.2.17(ii) Heavy objects are to be lifted and placed into position rather than dragged across coated surface.
17.2.17(iii) Footwear contaminated with abrasive particles and/or rough soles may scratch the surface of resin floor coats, especially those with a gloss finish.
17.2.17(iv) Movement of motorised or similar vehicles (i.e. fork lift and pallet trucks) may scratch or mark the surface, especially those with a gloss finish.
17.2.17(v) Prolonged cleaning with abrasive cleaning agents an/or use of floor scrubbers may dull the gloss of a resin floor.
17.2.18 SICL shall be under no liability under the above warranty (or any other warranty, condition or guarantee) for claims or damages for slips or injuries for surface treatments either without anti-slip treatment or with a light anti-slip finish. Surface treatments either without anti-slip treatment or with a light anti-slip finish treatment are liable to be slippery when wet and additional care must be taken when the surface when using the surface. The surface will become increasing slippery if contaminated with liquids, lubricants, powders, and/or granular substances. In all cases, whether an anti-slip finish has been applied or not, all spills and contaminations must be cleaned up immediately. SICL strongly advise against the use of resin based coating systems with little or no anti-slip additives or treatments in areas likely to become wet, areas including, but limited to: washrooms, toilets, kitchens, canteens, entrance ways etc. The installation of smooth or near smooth resin surfaces are entirely at the purchasers risk and the company does not accept responsibility for any losses or injuries due to slips and falls on these surfaces. If a smooth or near smooth resin surfaces has been installed we can at a later date apply an anti-slip treatment to the effected area at an additional cost.
17.2.19 For the most part the materials that SICL use are solvent free epoxy resins which are designed for technical applications and lengthily of service rather than decorative purposes. The materials are manually applied and during the process it is possible that marks may be left by the equipment used during the application, i.e trowel marks, spike roller marks or paint roller marks. It is also possibly that roller marks or surface tension marks such as dimples etc may be apparent after the application of surface sealer coats. Roller applied coating systems are the most prevalent in leaving marks after application and being a relatively thin coating system the profile of the substrate will often show through the coating. Marks on the surface whether made during material application or by the surface tension of the materials themselves will not be accepted a warranty or quality claim. If aesthetic appearances are an issue then there are alternative materials and systems available at an additional cost.
17.3 Any claim by the Customer which is based on any defect in the quality or condition of the Goods or the Works or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified in writing sent by recorded delivery to SICL within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. Any such notification must be received prior to the expiry of the warranty period.
17.4 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or the Works or their failure to meet specification is notified to SICL in accordance with these Conditions, SICL shall be entitled to replace the Goods or carry out rectification work, as the case may be, (or the part in question) free of charge or, at the SICL’s sole discretion, refund to the Customer the price of the Goods or the Works (or a proportionate part of the price), but SICL shall have no further liability to the Customer.
17.5 Except in respect of death or personal injury caused by SICL’s negligence, SICL shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of SICL, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or the Works or their use or resale by the Customer, and the entire liability of SICL under or in connection with the Contract shall not exceed the price of the Goods or Works, except as expressly provided in these Conditions.
17.6.1 SICL shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of SICL’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond SICL’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond SICL’s reasonable control:
17.6.1 Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition;
17.6.2 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of the governmental, parliamentary or local authority;
17.6.3 import or export regulations or embargoes;
17.6.4 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of SICL or of a third party);
17.6.5 difficulties in obtaining raw materials, labour, fuel, parts or machinery;
17.6.6 power failure or breakdown in machinery.

18. CANCELLATION BY THE CUSTOMER
18.1 In the event of the Customer cancelling Works whether prior to the start date of the project or at any time during the project SICL reserves the right to charge the Customer for the lost profit that SICL suffers as a result of such cancellation. Any deposits already paid by the Customer to SICL will be retained by SICL to pay administration and other costs incurred by SICL. The Customer shall pay to SICL any amounts due under this clause within 7 days of an invoice being issued by SICL for such claim.

19. DEVIATIONS
20.1 SICL shall not be held responsible for minor deviations or departures from the order or drawings made necessary by site conditions or unforeseen circumstances.

20. LATE PAYMENT
20.1 Failure to make payment at the due date shall entitle SICL to suspend deliveries or services until payment is made or to terminate the contract in writing, or to treat the contract as repudiated by the Customer without prejudice to any rights to damages for breach of contract.
20.2 Where a discount has been offered by SICL if the whole amount of the discounted amount due has not been received as cleared funds within the time limit specified on the invoice or agreement then SICL retains the right withdraw the discount offered and the Customer will pay to SICL the whole amount that was due to SICL before the discount was offered.
20.3 If a payment in cleared funds does not reach SICL or its bank on or before the due date, SICL shall be entitled to charge interest on a daily basis from the date following the date the payment was due until full payment has been received as cleared funds at a rate of 0.115% per calendar day during the period of such default. The Customer will additionally pay to SICL any additional costs that SICL incurs in recovering the outstanding debt, including, but not limited to, solicitors charges, court costs, debt recovery fees and time spent by SICL on additional administration in recovering the late payment at the rate of £50 per hour. These costs will be added to the outstanding capital amount due and will be payable at the same time as the payment of the outstanding capital balance. Late payment of the costs will immediately incur the same interest rate charges as stated above.

21. SALE OF MATERIALS, TOOLS AND EQUIPMENT
21.1 Paint or resin products or materials, tools and equipment sold by SICL are sold subject to these Terms and Conditions of trading. Overseas purchases will be paid for in advance, F.O.B., C.O.D. or letter of credit. Warranties for tools and equipment given by SICL will not exceed that given by the original manufacturer of the equipment or product. SICL accepts no liability, directly or indirectly, arising from application or use of the materials. Any advice, recommendation or information given by SICL is based on practical experience and is believed to be accurate at the time of publication, but no liability or responsibility of any kind (including liability for negligence) is accepted in this respect by the Company, its Servants, or Agents. No warranty is implied as to the use of any product once it is outside the control of SICL. Users should determine the suitability of the product for their own particular purposes. In the case of a warranty claim for any item of equipment the faulty item/s should be returned to SICL for checking and testing. The purchaser is liable for postage and delivery in both directions

22. SUB-CONTRACTORS
22.1 Occasionally SICL uses sub-contractors to perform certain elements of the Works. In the event of sub-contractors being used they are to be treated by the Customer as direct employees of SICL. Any variation to the works being performed or additional works to be performed are to be negotiated through SICL only and not directly to the sub-contractor. The Customer shall be liable for any loss of profit incurred as a result of any variation of works negotiated directly with the sub-contractor by the Customer. The Customer shall pay to SICL any amounts due under this clause within 7 days of an invoice being issued by SICL for such claim.
22.2 All employees and sub-contractors work on behalf of SICL and are not permitted to accept private work. The Customer shall not negotiate directly with any such employee or sub-contractor for further works to be carried out without consulting SICL.

23 SUITABILITY OF THE PRODUCT FOR INTENDED PURPOSE
23.1 It is the Customer’s responsibly to satisfy itself as to the suitability of the services or goods ordered.

24. PUBLICITY
24.1 SICL shall be entitled to erect a site board close to the job or work site. The site board will normally have dimensions less than 0.75m x 0.5m and be erected on a wooden stake or on a convenient fence or wall. The site board will be erected discretely and where possible adjacent to the work site. The site board will display the company name, the nature of the work being performed and contact details. The site board will be erected for the duration of the work and possibly longer with the Customer’s consent.
24.2 From time to time SICL may wish to take photographs before, during and after the work that is being undertaken by SICL or its agents. Photographs may be used by SICL for general record keeping, marketing and publicity purposes. In addition to the actual main subject matter photographs may also include other incidental items that act as surrounding, scene, scale, place or location settings and other incidental human, animal or inanimate objects. Any such subject matter included in photographs will be allowed as being part of the general subject matter. The copyright of any such photographs at all times belongs to SICL. The Customer shall make no claim against SICL either now or in the future in any respect in relation to the photographs or their future use.

25. INSOLVENCY OF CUSTOMER
25.1 This clause applies if:
25.1.1 the Customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
25.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or
25.1.3 the Customer ceases, or threatens to cease, to carry on business; or
25.1.4 SICL reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
25.2 If this clause applies then, without prejudice to any other right or remedy available to SICL, SICL shall be entitled to cancel the Contract or suspend any further deliveries or Works under the Contract without any liability to the Customer, and if the Goods have been delivered but not paid for or the Works commenced the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

26. ERRORS AND OMISSIONS
26.1 SICL accepts no liability for any errors and omissions relating to the accuracy of the information or technical specifications given. SICL is not liable or responsible for any claims or statements made by it’s agents, servants or representatives in matters of warranty, suitability for purpose, life expectancy or references other than those stated within these Conditions or issued by SICL in writing on official SICL letterhead paper and signed by a director of SICL.

27. WAIVER
27.1 The rights of SICL shall not be affected or restricted by any indulgence or forbearance granted to the Customer. No waiver by SICL of any breach shall operate as a waiver of any later breach.

28. LIEN
28.1 In addition to any right of lien to which SICL may by law be entitled SICL shall have a general lien on all goods of the Customer in the possession of SICL (although such goods or some of them may have been paid for) for the unpaid price of any other Goods or Works sold and delivered to the Customer by SICL under the same or any other contracts.

29. JURISDICTION
29.1 These Conditions shall be subject to the jurisdiction of the English Courts and construed according to English Law, but SICL may enforce the contract in any Court of competent jurisdiction.