Terms & Conditions.

Terms & Conditions

Registered Office

DM Decking Ltd
Unit 5a
Bandeath Industrial Estate
Throsk
FK7 7NP

Company Registration No: SCO555283

General Email: enquiries@dmdecking.co.uk

Telephone: 01786 450936

DM Decking Sales & Installations Terms & Conditions

1. Definitions

1.1 “DM Decking” refers to the supplier and installer.
1.2 “Customer” refers to the party purchasing the goods and/or services.
1.3 “Goods” refers to all decking, handrails, components, materials and associated items supplied or installed by DM Decking.

2. Retention of Title

2.1 Title to all Goods supplied by DM Decking remains the property of DM Decking until all sums due to DM Decking have been paid in full. This includes all invoices, whether due, overdue or not yet due (“all-monies retention of title”).

2.2 The Customer acknowledges that the Goods supplied by DM Decking remain movable corporeal property and do not form part of any heritable property, and are not affixed to land or buildings in a manner that would transfer ownership.

2.3 Until title passes, the Customer must:
(a) keep the Goods separate and identifiable as the property of DM Decking;
(b) not sell, dispose of, or encumber the Goods;
(c) not alter, convert or affix the Goods to any structure.

3. Right of Entry and Recovery

3.1 If:
(a) payment becomes overdue,
(b) the Customer becomes insolvent or is reasonably believed to be insolvent, or
(c) the Customer breaches these Terms,

DM Decking may enter any premises where the Goods are located to inspect, identify and recover them.

3.2 DM Decking an irrevocable licence to enter such premises (with vehicles, tools and personnel) for the purpose of recovering the Goods.

3.3 DM Decking may dismantle and remove the Goods and shall not be liable for loss, damage or cost arising from their removal except in cases of proven negligence.

3.4 The Customer must provide reasonable assistance to facilitate recovery.

4. Passing of Risk

4.1 Risk passes to the Customer on delivery or installation, whichever occurs first, even though title remains with DM Decking until payment is received in full.

5. Installation

5.1 Installation will be completed strictly in accordance with the sizes, plans, materials, colours and components stated in the accepted quotation.

5.2 DM Decking will not accept any liability where the Customer later claims that the works were not what they requested or expected. The accepted quotation is the only plan from which DM Decking works.

5.3 It is the Customer’s responsibility to confirm that the quotation reflects all verbal or written agreements prior to acceptance.

6. Customer Inspection and Reporting of Defects

6.1 Upon completion of installation, the Customer must inspect the deck, handrails, fixings and all associated elements, and report any defects, missing fixings or concerns to DM Decking within 7 days.

6.2 The Customer acknowledges that, despite reasonable care, occasional human error may occur, including the possibility of a fixing being missed. The Customer agrees to carry out a visual check within the above period and report any issues immediately so DM Decking can rectify them.

6.3 After the initial 7-day period, the Customer is responsible for ongoing inspections of all fixings, screws, bolts, handrails and structural components at reasonable intervals.

6.4 The Customer must report any movement, noise, deterioration or defects to DM Decking without delay.

6.5 DM Decking shall not be liable for any damage, incident, loss or injury arising from:
(a) the Customer’s failure to carry out inspections;
(b) failure to report defects;
(c) alterations or modifications by others;
(d) natural movement, loosening, corrosion or wear of fixings over time.

7. Maintenance Obligations

7.1 The Customer acknowledges that decking structures require regular inspection and maintenance due to weathering, timber movement, usage and natural ageing.

7.2 The Customer is responsible for routine maintenance including tightening fixings, replacing worn components and treating timber where required.

7.3 DM Decking has no ongoing duty to inspect or maintain the installation unless expressly contracted to do so.

8. Expected Lifespan

8.1 Decking structures, handrails and fixings have an expected service life of 10 years, depending on materials, usage, location and maintenance. (This excludes gates where a limited 6 month warranty applies).

8.2 DM Decking accepts no liability for failures, defects or incidents occurring after the expiry of the expected service life.

9. Payment Terms

9.1 Once the balance invoice is issued, the Customer agrees to pay the balance in full and shall not withhold payment for snagging or minor remedial works.

9.2 DM Decking will complete snagging within a reasonable time, typically during the next site visit of the installation team.

9.3 Late Payment and Suspension of Works

If any invoice becomes overdue, or if the Customer exceeds the agreed payment terms (normally 30 days unless stated otherwise), the Customer’s credit account will be immediately suspended. No further works, deliveries or services will be undertaken or scheduled by DM Decking until the outstanding balance is paid in full. DM Decking reserves the right to require full payment in advance for any future works following such suspension.

10. Disputes

10.1 Any dispute regarding the works must be raised within 7 days of the balance invoice date.

10.2 If no dispute is raised within this period and payment remains overdue for a reasonable time, DM Decking may instruct a debt collection agency, and the Customer shall be liable for all associated costs, fees, charges and statutory interest.

11. Insolvency

11.1 In the event of the Customer’s insolvency, liquidation, administration, or any analogous process, all sums owed to DM Decking become immediately due and payable.

11.2 DM Decking may exercise its rights under Clause 3 to recover the Goods.

11.3 Part-payments may be treated as payment for hire or temporary use and do not transfer title to the Goods.

12. Credit Accounts

12.1 If debt recovery action is required, the Customer’s entire account balance (including amounts not yet due) may be included in the recovery process.

12.2 All credit facilities will be withdrawn until the account is paid in full, and Customers subject to debt recovery will not be eligible for future credit facilities.

13. Weather, Ground Conditions & Site Suitability

13.1 The Customer is responsible for ensuring the site is suitable for installation.
13.2 DM Decking is not liable for issues caused by:

• unstable, soft, waterlogged or uneven ground
• hidden obstructions (pipes, cables, concrete pads, roots)
• subsidence or ground movement
  13.3 Additional works required due to unsuitable conditions will be chargeable at standard rates.

14. Access & Site Preparation

14.1 The Customer must ensure safe, unobstructed access to the installation area.
14.2 The site must be cleared prior to installation.
14.3 Additional time, delays or labour caused by lack of access or site obstruction will be charged.

15. Variations, Extras & Customer Changes

15.1 Any additional works, changes, or deviations from the accepted quotation will be chargeable.
15.2 Additional materials are charged at current market price.
15.3 Verbal instructions on site are considered binding additions.

16. Structural Integrity Disclaimer

16.1 DM Decking is not responsible for faults in existing structures connected to or supporting the deck.
16.2 Any hidden defects discovered during installation may require additional cost.

17. Third-Party Contractor Interference

17.1 DM Decking is not liable for damage caused by:

• electricians, plumbers, joiners, landscapers
• caravan/site maintenance staff
  17.2 Repairs caused by third-party works are chargeable.

18. Material Characteristics Disclaimer

18.1 Timber may naturally twist, warp, split, shrink or discolour.
18.2 Composite materials may expand/contract depending on temperature.
18.3 Anti-slip coatings wear over time.
18.4 These characteristics are not defects.

19. Drainage & Water Runoff

19.1 Customer is responsible for ensuring suitable drainage around/under the deck.
19.2 DM Decking is not liable for future issues caused by poor drainage or standing water.

20. Force Majeure

20.1 DM Decking is not liable for delays or failure caused by events outside its control including:

• severe weather
• supply chain disruption
• strikes
• illness
• acts of nature
  20.2 Installation dates may be rescheduled when necessary.

21. Photographic Use Clause

21.1 DM Decking may take photographs of completed works for marketing use.
21.2 Customers may opt out by notifying in writing before installation.

22. Health & Safety (H&S) Requirements

22.1 The Customer must ensure that the installation area is safe and suitable for work to be carried out. This includes but is not limited to:
(a) ensuring the ground and surrounding area are free from hazards, obstructions, unstable structures or dangerous conditions;
(b) ensuring pets, children and members of the public are kept clear of the work area;
(c) providing safe access routes for personnel, tools and materials.

22.2 DM Decking reserves the right to stop work immediately if any condition arises that may present a health and safety risk to installers, customers, visitors, or third parties. Work will resume only once the issue is resolved to a safe standard.

22.3 For commercial sites, parks, construction environments, or locations where CDM Regulations apply, the Customer must provide all necessary H&S documentation including site inductions, RAMS requirements, signing-in procedures, and any PPE obligations prior to the commencement of works.

22.4 DM Decking will comply with its own H&S policies and statutory obligations; however, DM Decking is not responsible for site-wide safety beyond the immediate installation area.

22.5 Any delays caused by failure to provide safe access, site readiness, required H&S documentation, or safe working conditions will be chargeable at DM Decking’s standard rates.

22.6 The Customer is responsible for ensuring that the completed deck is used safely and in accordance with its intended purpose. DM Decking accepts no liability for injuries or incidents arising from misuse, overloading, unauthorised alterations, or failure to maintain the structure safely.

 

DM Decking Website .

Use of this Website
You will be able to access most parts of this website without registering your details with us.

You are permitted to print and download material from this website on the following basis:

• you do not modify graphics or documents
• you do not reproduce any content without our prior written consent
• you do not store or include any part of this website on public or private electronic retrieval system or service without our prior written consent

Unless otherwise stated, the copyright and other intellectual property rights in all material on this website are owned by us.

 

Links To and From Other Websites
Any links to third party websites on this website are provided for your convenience. The provision of a link to such a website does not mean that we endorse that website. We are not responsible for these websites or their content. If you visit any website via a link on this website, you do so at your own risk.

If you would like to link to this website, you may do so on the basis that the conditions below:

• you do not amend, distort or alter the appearance of our logo
• you do not imply that we are endorsing the services or products of another party
• you do not misrepresent your relationship with us or present false information about us
• the website from which you link is owned by you
• the website from which you link does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party or does not comply with any applicable laws and regulations

You shall indemnify us for any loss or damage suffered to this website because of such linking.

Service
We endeavour to ensure that this website is available 24 hours a day. However, occasionally technical issues may result in some downtime. Where possible, we try to give warning of maintenance issues that may result in downtime however we shall not be obliged to provide such notice. Access to this website may be suspended without notice in the event of system failure, maintenance or repair or for reasons beyond our control.

Disclaimer
Whilst we endeavour to make sure that the information on this website is up to date and accurate at all times, we do not guarantee that all material is accurate and/or up to date. We make changes to the content or material on this website at any time, without prior notice.

Liability
We, any other party (whether or not they are involved in producing, maintaining or delivering this website) do not accept liability for any loss or damage that you suffer as a result of using this website.

Law and Jurisdiction
These terms of use are governed by and produced in accordance with Scottish law. Disputes arising relating to these terms of use shall be subject to the exclusive jurisdiction of the Courts of Scotland.