Terms & Conditions

1. About Us

These terms and conditions govern the supply of goods and services by Envirosmart Limited (Company No. SC657609), registered in Scotland (“Envirosmart”, “we”, “us” or “our”) to any customer (“you” or “the Customer”).

You can contact us by phone on 0800 861 1394 (Freephone) or 0141 465 5500, by email at [email protected], or via www.envirosmartlimited.co.uk.

2. Acceptance of These Terms

These terms and conditions form part of every contract between Envirosmart and the Customer. By instructing Envirosmart to carry out any works — whether by signed quotation, written acceptance (including email or text message), payment of a deposit, verbal instruction over the telephone or in person to any Envirosmart representative, or by allowing works to commence on site — the Customer confirms that they have read, understood and accepted these terms and conditions in full, and that these terms apply to the works from the moment that instruction is given.

Where a verbal instruction is given, Envirosmart will treat that instruction as full acceptance of these terms and of the quotation figure most recently discussed with the Customer. A copy of these terms is available at all times at envirosmartlimited.co.uk/pages/terms-conditions.html and will be provided in writing on request.

No amendment, waiver or side agreement shall bind Envirosmart unless confirmed in writing by a director or authorised representative of Envirosmart. Verbal comments made on site by crew members do not amend these terms.

3. Quotations, Pricing & VAT

All quotations are issued in writing following a site survey and are valid for 30 days from the date of issue unless stated otherwise. Quotations are based on the information available at the time of survey and on the scope, materials and specification set out in the written quotation. The written specification — including system type, materials, thicknesses, coverage and area — forms the agreed scope of works. Any variation requested after acceptance must be agreed in writing and may be subject to additional charges.

Unless expressly stated otherwise, quoted prices are inclusive of standard materials, labour and site set-up but exclude VAT (where applicable), building warrant or planning fees, structural engineer’s reports, DNO fees for EV connections, and any works or materials outside the written scope. Where global or UK supply-chain conditions cause a material price increase of more than 10% between quotation and installation, Envirosmart reserves the right to pass on the increase on a like-for-like basis, having first notified the Customer in writing.

4. Deposits, Payment & Retention of Title

Unless otherwise agreed in writing, a deposit is payable on acceptance of the quotation to cover materials procurement and scheduling. The remaining balance is payable on completion of the works, prior to sign-off, by bank transfer, card or cash. Stage payments may apply on larger jobs and will be set out in the written quotation.

Materials supplied by Envirosmart remain our property until payment in full has been received in cleared funds. Risk in the materials passes to the Customer once installed. Late payment may attract interest and reasonable recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998 where applicable, and Envirosmart reserves the right to suspend further works and any warranty entitlement while the account is in arrears.

5. Site Access, Preparation & Customer Responsibilities

The Customer is responsible for providing safe and reasonable access to the site for the full duration of the works and any curing or post-installation period, including access for delivery vehicles, plant, and installation crews. Where the property is a shared access, private road, private lane, private driveway, tenement close, farm track, unadopted road, or the works require crossing land not owned by the Customer, the Customer is responsible for obtaining any necessary permissions from third parties and for confirming to Envirosmart in writing (including email or WhatsApp) the specific access route to be used. Any private road, private lane, private driveway, shared access or unadopted road that the Customer has directed us to use, or that is the only reasonable means of access to the working area, shall be treated as an agreed access route for the purposes of these Terms.

The Customer must, at their own cost and prior to commencement, ensure that vehicles, garden furniture, pets, children, wheelie bins, planters and other movable items are cleared from the working area for the duration of the works and any curing period. We are not responsible for damage to items left within the working area.

The Customer shall, unless otherwise agreed in writing, provide reasonable free access to mains water, a 13-amp electrical supply and a WC or welfare facility where the site permits. Where these are not available, we may bring our own welfare provision and any additional cost may be reflected in the quotation.

6. Resin, Epoxy & Surfacing Works — Nature of the Job & Ancillary Damage

Please read this section carefully. It applies to all resin bound driveways, resin patios, epoxy flooring, composite decking bases and similar surfacing works.

The installation of a resin driveway, patio, epoxy floor or similar surface is a major construction project. It typically involves the delivery of heavy aggregates, resin, tools, mixing equipment and plant to site, the removal of existing surfaces, and the use of wheelbarrows, mixers and, in some cases, tracked or wheeled machinery over the approach to the working area.

Although we take reasonable care at all times, the Customer acknowledges and agrees that:

• Minor incidental damage and cosmetic marks can occur during the course of a construction job of this nature and scale. Examples include, but are not limited to: hairline cracks, scuffs, scoring, indentations, staining, tyre marks, minor kerb chips, or superficial marking to tarmac and asphalt roads, pavements, kerbs, block paving, slabbing, driveways, shared accesses, private roads, private lanes, private driveways, unadopted roads and any other agreed access route — whether publicly maintained (adopted highway, footpath or pavement) or privately owned (including a private road, private lane, private driveway, unadopted road or shared access that the Customer has agreed we may use to reach the working area) — that are used to access the working area.
• Tarmac, asphalt and similar bituminous surfaces are inherently soft, particularly in warm weather, and are susceptible to marking or minor deformation from the weight of loaded vehicles, wheelbarrows, skips, aggregate deliveries and mixing equipment. This is a normal consequence of construction traffic and is treated as fair wear and tear.
• Envirosmart is not responsible for such incidental wear and tear, marking or minor damage to public or private roads, private lanes, private driveways, unadopted roads, pavements, kerbs, driveways, shared surfaces or any other agreed access route arising from lawful and reasonable use of construction traffic and equipment during the works. This includes surfaces owned by the local authority, neighbouring properties, private landowners, factors, residents' associations, or the Customer, where such surfaces form part of the agreed access route to the working area.
• The same principle applies to the Customer’s own property surrounding the working area. Minor incidental marks, scuffs, scrapes, indentations, dust, splashes, plant impressions, footprints, or superficial marking can occur to items and surfaces including (but not limited to) garden lawns, borders and planting, paving slabs, block paving, patios, decking, gravel areas, kerbstones, driveway edges, garage floors, garage door frames, gate posts, boundary walls, fences, outbuildings, render, cladding, downpipes, guttering, air-bricks and cills, and any lawn or landscaping traversed by wheelbarrows, mixers, aggregate deliveries or crew foot traffic. This is a normal and unavoidable consequence of carrying out a major construction job on a domestic or commercial site and is treated as fair wear and tear. Envirosmart is not responsible for such incidental marks or small damage to the Customer’s property arising from lawful and reasonable use of construction traffic, tools and equipment during the works.
• Where the Customer is aware of pre-existing fragile surfaces, buried services (including but not limited to soakaways, drainage runs, private cabling, garden lighting circuits, sprinkler systems or unmarked utilities), overhanging structures, or restricted access, they must notify us in writing prior to the commencement of works. In the absence of such notification, we cannot accept responsibility for damage to items or services that were not reasonably identifiable during the site survey.
• Any concerns about incidental marks or damage caused directly by our crew acting negligently must be raised with us in writing within 7 days of completion so that we may inspect and, where appropriate, agree a remedy.

Nothing in this clause limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for any other liability which cannot be limited or excluded under English or Scots law.

7. Ground Conditions, Drainage & Substrate

Our quotations are based on the ground and substrate conditions visible at the time of the site survey. If, on excavation or preparation, latent defects are discovered — including but not limited to unstable sub-base, unsuitable existing tarmac or concrete, drainage failures, buried obstructions, contaminated ground, Japanese knotweed or asbestos-containing materials — we will notify the Customer, halt works if necessary, and issue a written variation for any additional works required. The Customer is responsible for the cost of such additional works.

The Customer accepts that resin bound surfacing requires adequate falls and drainage. Where the Customer instructs us to install over an existing substrate against our written recommendation, we cannot warrant the long-term performance of the finished surface. Envirosmart is not a SUDS or drainage design consultancy; where a scheme requires local-authority drainage approval, this is the Customer’s responsibility unless expressly quoted for.

8. Setting Out, Marking Out & Customer Sign-Off

Prior to laying resin, epoxy, concrete or installing fencing lines, our foreman will mark out the working area, edging line, drainage falls and any decorative pattern, and will invite the Customer (or their nominated representative) to inspect and approve the set-out. Once approved (verbally on site or in writing), the Customer is deemed to have accepted the position, dimensions and layout. Any change requested after resin has been mixed, epoxy activated, concrete poured or posts set will be treated as a chargeable variation and may not be technically possible without full removal at additional cost.

9. Weather & Scheduling

Resin, epoxy, adhesives and cementitious products are temperature and moisture sensitive. Works may be delayed, paused or rescheduled due to adverse weather (including rain, low temperatures, high humidity, high wind or frost) or dew-point conditions that would compromise product performance. Start dates given at quotation stage are indicative only; we will make reasonable efforts to keep the Customer informed of any rescheduling. Delays caused by weather, materials shortages or other events outside our reasonable control do not give rise to any liability on our part.

10. Colour, Aggregate & Cosmetic Variation

Resin bound aggregates, decorative epoxy flakes, composite timber, render and paint are supplied in natural or manufactured batches that can vary slightly in tone, texture, grading and finish between batches, samples and installed jobs. Photographs, showroom samples, online galleries and previous installations are illustrative only and are not a guarantee of an exact match. Minor variation in shade, sparkle, blooming (on epoxy) or weathering pattern over time is a normal characteristic of these products and is not a defect.

Where an exact colour or batch match to an existing surface is critical, the Customer must state this in writing before acceptance so that we can order a controlled batch. Even then, a perfect match cannot be guaranteed.

11. Curing & Aftercare

Installed surfaces require a minimum curing period before foot and vehicle traffic. Typical guidance (subject to product and site conditions):

• Foot traffic: 12–24 hours after completion.
• Vehicle traffic: 48–72 hours after completion.
• Full chemical cure and load capacity: up to 7 days.

Written aftercare instructions are provided on handover. Damage caused by early loading, chemical spills, harsh cleaning products, de-icing salts, power-washing at excessive pressure or point-loading (e.g. car jacks, motorbike stands, skips, stiletto heels, ladders without protection) is not covered under our warranty.

12. Intended Use & Suitability

All installations are quoted for the intended use disclosed by the Customer (e.g. domestic driveway, residential garage floor, commercial forecourt, warehouse, workshop). The Customer is responsible for accurately disclosing the intended use, expected traffic type and load. Where the actual use materially exceeds the specified duty (for example, using a domestic-spec driveway for regular HGV, plant or commercial vehicle traffic), the warranty is voided and Envirosmart accepts no liability for premature wear or failure.

13. EV Charging Installations (Pavesmart)

Where the works include the supply and installation of an EV charge point, the following additional terms apply:

• The electrical installation will be carried out by, or under the supervision of, a competent electrician holding relevant certification (NICEIC, NAPIT or SELECT). An Electrical Installation Certificate will be issued on completion.
• Distribution Network Operator (DNO) notification or approval, where required, is the Customer’s responsibility unless expressly included in the quotation. Delays or refusals by the DNO are not our liability.
• The Customer confirms that the incoming supply, consumer unit, earthing arrangement (TN-S, TN-C-S or TT) and available capacity are, so far as they are aware, suitable. Where upgrades or additional earthing (earth rod) are required, these will be quoted as a variation.
• The Customer is responsible for confirming eligibility and applying for any OZEV, Energy Saving Trust or local grant funding. Envirosmart will provide the documentation reasonably required.
• Cable routing damage (small holes drilled through walls, minor cosmetic marks to render, plaster or brickwork at cable entry/exit points, and lifting of paving or turf to run underground cabling) is a normal consequence of the installation and is not compensable damage. We will make good to a reasonable standard but cannot guarantee an invisible finish.

14. Insulation Installations

Where the works include loft, cavity, underfloor, sheep’s wool, PIR or other insulation, the following additional terms apply:

• Insulation is installed to the depth, product and specification stated in the written quotation. Actual energy savings depend on many factors outside our control (building fabric, occupancy, heating patterns, weather); we do not guarantee any specific reduction in fuel bills, SAP score, EPC rating or heating cost.
• The Customer confirms the loft, cavity or underfloor void is dry and free from active leaks, condensation, rodents or mould at the time of instruction. Where such conditions are discovered on inspection, we may pause works and issue a written variation.
• Spray foam removal, sheep’s wool laying and blown-fibre installation generate dust, fibres and debris. We will use reasonable dust-suppression and clean down on completion, but the Customer accepts that some settling dust may reach adjoining rooms.
• We do not warrant the acceptability of any insulation product to a mortgage lender, surveyor, EPC assessor or third-party warranty scheme. Where a specific certification (e.g. TrustMark, PAS 2035, CIGA, BBA) is required, this must be stated at quotation stage.

15. Composite Fencing & Decking

Where the works include composite fencing, gates or decking, the following additional terms apply:

• Composite boards expand and contract with temperature; expansion gaps and fixings are engineered for this movement and are not a defect.
• Composite colour naturally lightens or weathers slightly in the first months after installation and this is a characteristic of the product, not a defect.
• Wind loading: composite fencing panels are designed for typical residential wind exposure. Extreme weather (storms, gales exceeding Beaufort 8) may cause movement, fixings to loosen or panels to fail; such events fall under clause 21 (Force Majeure) and are not covered by warranty.
• The Customer is responsible for confirming boundary lines in writing prior to post installation. Envirosmart will install to the line marked by the Customer and accepts no liability for boundary disputes with neighbouring owners.

16. Sub-Contractors & Specialists

Envirosmart may engage sub-contractors or specialists (including certified electricians, spray foam extraction specialists, groundworkers, plant operators and certified installers) to carry out parts of the works. Envirosmart remains the Customer’s point of contact and warrants the completed works as if performed by us directly.

17. Waste, Skips & Site Welfare

Removal of excavated spoil, existing surface waste and packaging is included in the quotation unless expressly excluded. Where a skip is required and no off-street location is available, the Customer is responsible for obtaining any local-authority skip permit and, if the permit is refused, for accepting an alternative disposal method priced as a variation. Envirosmart holds current Waste Carrier registration and materials are removed to a licensed facility.

18. Neighbours, Boundaries & Third-Party Property

The Customer warrants that the works are wholly within land they own or have the legal right to alter, and that any works affecting a shared boundary, party wall, common close or neighbouring drainage have been agreed with the neighbouring owner in advance. Envirosmart accepts no liability for disputes between the Customer and any neighbour, factor, landlord or local authority arising from the works, and the Customer indemnifies Envirosmart against any claim brought by such third parties in relation to the boundary or scope agreed with the Customer.

19. Photography & Marketing

Envirosmart may take photographs, drone footage or short video of the completed works for use in our portfolio, website, social media, printed materials and paid advertising, without identifying the Customer’s address. The Customer may opt out of this by notifying us in writing before completion, in which case no imagery of their property will be used.

20. Health & Safety

Envirosmart operates in accordance with the Construction (Design and Management) Regulations 2015 and current HSE guidance. On notifiable domestic projects, the Customer is deemed to be the client under CDM 2015 and we will act as principal contractor unless otherwise agreed in writing. The Customer, their family, pets and any other visitor must remain outside cordoned or barriered working areas at all times. We reserve the right to pause works if site conditions become unsafe.

21. Force Majeure

Envirosmart shall not be liable for any delay in, or failure of, performance caused by events outside our reasonable control, including but not limited to: acts of God, adverse weather, storm, flood, fire, pandemic, epidemic, national or local emergency, war, terrorism, civil unrest, strike or industrial action, materials or fuel shortage, supplier failure, or any change in law or government policy. Where such an event continues for more than 60 days, either party may terminate the affected works by written notice; the Customer will pay for works and materials supplied to the date of termination.

22. Warranty

Subject to correct aftercare and payment in full, we provide the warranty period stated in your written specification against defects in materials and workmanship. The warranty covers structural failure of the resin bound, epoxy, insulation, EV, fencing or composite system arising from our installation. It does not cover:

• Natural weathering, UV colour drift or minor aggregate loss consistent with the age and use of the surface.
• Damage caused by third parties, subsequent works, ground movement outside our control, tree root heave, subsidence, flooding or acts of God.
• Damage arising from misuse, chemical staining, oil spills, hot tyre pick-up, point loading, de-icing salts, or use exceeding the intended duty (see clause 12).
• Ancillary or incidental damage to adjacent surfaces or the Customer’s property as described in clause 6.
• Any works altered, added to or repaired by a third party after our completion.

The warranty is offered to the original Customer at the installation address and is not automatically transferable. Warranty claims are void where the account is in arrears.

23. Insurance

Envirosmart maintains Public Liability insurance and Employer’s Liability insurance to industry-standard limits. A copy of our current certificates is available on written request. Our insurance does not cover items belonging to the Customer that are left in the working area (see clause 5) or the ancillary/incidental matters described in clause 6; the Customer is advised to maintain their own household or business insurance covering their contents and property.

24. Cancellation & Consumer Rights

Where the contract is entered into off-premises or at a distance and the Customer is a consumer, they have a right to cancel within 14 days under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. If the Customer requests that works commence within the 14-day cancellation period and subsequently cancels, they may be required to pay for the value of the works and materials supplied up to the point of cancellation. Nothing in these terms affects the Customer’s statutory rights under the Consumer Rights Act 2015.

Where Envirosmart cancels due to non-payment, breach of these terms, or site conditions rendering the works unsafe or uneconomic, we will refund monies received less any works and materials supplied to date.

25. Non-Solicitation of Crew

The Customer agrees not to engage, offer employment to, or contract privately with any Envirosmart employee, sub-contractor or crew member introduced through the works, either during the works or for a period of 12 months after completion, without our prior written consent.

26. Complaints

If you are unhappy with any aspect of our service, please raise it with us as soon as possible by email to [email protected] or by phone on 0800 861 1394. We will acknowledge your complaint within 5 working days and aim to resolve it within 28 days. The Customer must allow Envirosmart a reasonable opportunity to inspect and remedy any alleged defect before instructing a third party; failure to do so voids any related warranty claim.

27. Limitation of Liability

Subject to clause 6 (which preserves our liability for negligence causing death or personal injury, fraud, and non-excludable statutory rights), our total aggregate liability under or in connection with the contract shall not exceed the total price paid by the Customer for the works giving rise to the claim. We shall not be liable for any indirect, special or consequential loss, including loss of use, loss of profit, loss of business opportunity, loss of enjoyment, or loss of amenity.

28. Data Protection

Personal data provided during enquiry and contract is processed in accordance with our Privacy Policy.

29. Notices & Communications

Any notice given under the contract shall be in writing and sent by email or by first-class post to the parties’ last known addresses. Email notices are deemed served on the working day after transmission. The Customer consents to service of all documents (including quotations, variations, invoices and warranty documents) by email.

30. Third-Party Rights, Assignment & Severance

No person other than Envirosmart and the Customer has any right to enforce any term of the contract under the Contracts (Rights of Third Parties) Act 1999. The Customer may not assign the contract without our written consent. If any provision of these terms is held to be invalid or unenforceable, the remaining provisions shall continue in force.

31. Entire Agreement

The written quotation, its specification, these terms and any variation confirmed in writing constitute the entire agreement between the parties in relation to the works and supersede any prior representation or understanding, whether written or oral.

32. Governing Law & Jurisdiction

These terms and any contract between us are governed by the laws of Scotland, and the parties submit to the exclusive jurisdiction of the Scottish courts.

33. Applicable Version

The version of these terms applicable to your contract is the version in force at the date your quotation was accepted, a copy of which will be issued with the quotation on request.