Terms and exclusion of liability
Whilst we agree to exercise reasonable skill, care and diligence in carrying out work for you on your behalf you agree that in respect of such work we (or any subcontractor introduced by us) will not be liable for any damage or loss (whether direct or indirect loss or damage and whether such liability arises by way of indemnity, breach of contract or statutory duty or by reason of tort including but not limited to negligence) caused to any exposed or unexposed cables or drains used for the purpose of electricity, gas, water, drains or similar services. You agree that you have not instructed us to carry out any pre investigative work on site (and have not provided us with any site data) and this is reflected in the price payable for our services.
It is the customer’s responsibility to mark out all areas with line spray in preparation for excavation, where footings are to be excavated all lines to be marked up with centre line dig. Please note that additional costs may be incurred if additional depths or work is required due to unforeseen circumstances such as poor ground, tree root intrusion, underground services or underground obstructions (including buried concrete) or similar. It is also advised that when we are instructed to dig footings for extensions and new house builds, that the concrete for the foundations are poured as soon as possible following building control approval to avoid collapse of the footings especially where excavations are close to third party boundary walls and where footings are dug in excess of 1 meter depth. We shall not be liable for any damage or loss resulting from collapse or undermining of any existing footings or buildings proximity before, during and after the works have been completed. Where demolition is undertaken alongside neighbouring property Richard Rogers Excavations cannot be held responsible for damage to third party property (including fences, garden walls and buildings) of any kind.
Where it is required to bring a Grab Truck, Hook Loader or delivery vehicles onto site for purposes of removing spoil, delivering materials or machines, Richard Rogers Excavations will not except any liability relating to damage caused both on council property or site property where the vehicles have to drive across or onto driveways, paths, patios or grass in order to remove the spoil. It is your responsibility to board out with a sufficient number of plyboard sheets, areas which may be liable to damage in order to minimise such damage, and you accept that if there is any damage Richard Rogers Excavations are not responsible for the cost of the repairs or reinstatement of any kind. Similarly where soil, clay, bricks and concrete and the like is mounded up close to walls and gates or on driveways or roads which are NOT boarded out with a minimum of 20mm thick ply sheets to protect the area, Richard Rogers Excavations will not be responsible for damage to third party property (including fences, gates & gate posts, garden walls, tarmac, concrete, block paving, buildings, trees, hedges or shrubs) of any kind caused by the grab truck, its crane or grab bucket or a hook loader truck and the delivery or collection of a RORO skip or machines.
Richard Rogers Excavations cannot be held accountable for either the late arrival or non arrival of any pre-booked Grab trucks or skips or the like, to deliver materials or remove spoil. In the unlikely event of non arrival of either skips or grab trucks which may delay an excavation, additional charges will occur for work (including waiting time) carried out by Richard Rogers Excavations which exceeds 8 hours in a day or if the work is carried over into an additional day.
In engaging Richard Rogers Excavations it is deemed that you have read, understood and agree to these terms and conditions and agree to abide by such at all times whilst using or engaging the services provided by Richard Rogers Excavations, it’s employees or sub contractors.