KAE Ltd trading as Edwards Surfacing — Version 1.1, August 2026. These terms replace all previous versions.
These terms and conditions set out the basis on which KAE Ltd trading as Edwards Surfacing (“we”, “us”, “our”) provides surfacing, tarmacadam, groundworks and related works. They apply to every quotation we give and every contract we enter into, whether the Client is a business (including a main contractor) or a private individual. Where a clause applies only to one type of Client, this is clearly stated.
1.1 In these terms: “Client” means any customer we contract with, whether a business, a main contractor or a private individual; “Consumer” means a Client who is an individual acting wholly or mainly outside their trade, business or profession; “Works” means the work described in our quotation; “Quotation” means the written price and description of works we issue; and “in writing” includes email.
1.2 Our Quotation is valid for 30 days from its date unless we withdraw it sooner or state a different period.
1.3 Acceptance by email. A binding contract is formed, on these terms, as soon as the Client accepts our Quotation in writing — including by email (for example, replying “I accept” or confirming an order). From that point these terms apply in full.
1.4 These terms apply in place of any terms the Client puts forward (for example on a purchase order), unless we agree otherwise in writing and signed by a director.
1.5 Scope. The contract covers only the Works set out in the accepted Quotation. Anything not listed is not included.
2.1 Any change to the Works, or any additional work not in the Quotation, must be agreed in writing (email is sufficient) before we carry it out. A variation may change the price and/or the programme, and we will tell the Client the effect before proceeding wherever practicable.
3.1 Prices and VAT. Our prices are net and exclude VAT, which is added at the rate in force. Prices may be subject to re-measurement — meaning that if the actual quantity of work done differs from the estimate the Quotation was based on, the price is adjusted up or down to reflect the work actually carried out, unless we have stated a fixed lump-sum price.
3.2 Fixed price and cost changes. Unless stated otherwise, the price is fixed, except that we may adjust it for any change in tax or VAT, or for a significant increase in the cost of bitumen, occurring after the date of the Quotation. We will notify the Client of any such adjustment and how it has been calculated.
3.3 For commercial Clients, payment terms depend on credit cover:
(a) If we are able to obtain credit insurance cover for the Client for the contract value, our standard terms are payment within 30 days from the end of the month of our invoice (30 days EOM).
(b) If credit insurance cover is not available, or is insufficient for the contract value, we require either 50% before work begins and 50% on completion, or full payment in advance — at our discretion. We will confirm which applies before work begins.
3.4 For Consumers, we require a deposit of 30% of the contract price when the order is confirmed, with the remaining 70% due on completion of the Works (on the day of completion, unless we agree otherwise in writing).
3.5 Interest on late payment. If any sum is not paid by its due date we may charge interest on the overdue amount from the due date until payment, as follows: for commercial Clients, at 8% per year above the Bank of England base rate under the Late Payment of Commercial Debts (Interest) Act 1998, together with our reasonable debt-recovery costs; for Consumers, at 4% per year above the Bank of England base rate.
3.6 Suspension and recovery. If a payment is overdue we may suspend the Works until the account is brought up to date. If non-payment continues for more than 7 days after we have given written notice, we may treat the contract as at an end for breach. We reserve the right to recover all reasonable costs of recovering overdue debts and of any related legal proceedings.
3.7 Credit status. Where, in our reasonable opinion, a commercial Client’s credit status or proposed payment arrangements are insufficient, or where any part of the Client’s account is overdue, we may decline to begin, or decline to continue, an order or any part of it, or require payment in advance, without liability. We will tell the Client in writing if we intend to rely on this clause. This clause does not apply to Consumers.
4.1 Cancelling or postponing booked works. If a Client cancels or postpones scheduled Works giving us at least 24 hours’ notice, no cancellation charge applies (although a paid deposit may be retained where work or materials have already been committed). If less than 24 hours’ notice is given, we may charge a reasonable cancellation fee to cover the actual costs we have incurred — for example subcontractor call-out fees, wasted labour and materials already purchased. Any such fee will be reasonable and limited to our genuine losses. This 24-hour cancellation fee applies to all commercial Clients, and to Consumers except where the 14-day right to cancel in clause 4.2 applies: where a Consumer cancels within that 14-day period, clauses 4.2 and 4.3 apply instead of this clause.
4.2 Consumers — 14-day right to cancel. If you are a Consumer and you entered into the contract away from our premises or at a distance (for example at your home, or by phone or email), you have the right to cancel within 14 days of the day the contract is made, without giving any reason and without charge. To cancel, you can use the cancellation form in Annex A below, or tell us in any other clear written statement (by post or email to the details at the end of these terms). No cancellation fee under clause 4.1 applies to a cancellation made within this 14-day period.
4.3 Starting work within the cancellation period. If, as a Consumer, you ask us in writing to begin the Works before the end of your 14-day cancellation period, you may still cancel within that period, but you must pay for the work we have already carried out up to the point of cancellation. The amount due will be a proportionate part of the contract price, reflecting the work completed up to cancellation compared with the full Works; we will not charge for work not yet carried out, or for any losses arising from the cancellation itself. The waiver form in Annex A may be used for this purpose.
4.4 Nothing in these terms affects a Consumer’s statutory cancellation or other legal rights.
5.1 Programme. The Works will be carried out to a programme agreed in writing before work begins. Dates may need to move for reasons such as weather or other delays; where they do, we will agree a revised programme with the Client and neither party will be liable for the delay.
5.2 Working hours. Our normal working hours are 8:00 to 18:00, Monday to Friday. If we are asked to work outside these hours, or if our working time on site is restricted, we may require reasonable additional payment.
5.3 Ground and access support. The Client must ensure that access routes and the ground are able to support our fully laden delivery vehicles and standard laying machinery without deformation. We cannot accept responsibility for damage to weak or unsuitable sub-surfaces, or to underground services or structures (such as drains or cellars), that were not built to carry such loads. The Client should tell us in advance of any known underground hazards.
5.4 Access and working space. The Client must provide clear, unobstructed access and sufficient working space for our vehicles and pavers. Access constraints not disclosed in advance (for example narrow or restricted entrances) may require special methods and may result in additional cost or delay.
5.5 Levels and setting out. Where the Client (or the Client’s surveyor) provides level control or setting-out information, we will lay to those levels and will not be liable for problems (including drainage problems) caused by incorrect level or setting-out information. Where no such information is provided, we will set levels in accordance with the agreed plans and good practice, including suitable falls for drainage.
5.6 Base prepared by others. Where we lay onto a surface or base prepared by others, that surface will be checked before laying begins. If, on average, a greater compacted thickness is needed than allowed in our Quotation, we will require additional payment for the extra thickness, agreed with the Client before we proceed.
5.7 Water and utilities. The Client must provide reasonable access to the utilities we need on site, such as water for our rollers and, where required, electricity for small tools or lighting. If these are not available, we can arrange supply (for example a water bowser or generator) at additional cost.
5.8 Traffic management, permits and security. Unless we have specifically agreed to provide it as an extra, the Client is responsible for any traffic management, road permits, road closures, diversion or signage, lighting, watching and site security required for the Works.
5.9 Removal of existing surface. Our price does not include removing or planing out existing surfacing (for example breaking out old tarmacadam or concrete) unless this is expressly stated in the Quotation. If such work is needed and has not been done, we can carry it out as a variation at additional cost, agreed before we proceed.
Unless expressly stated in our Quotation, our prices do not include:
6.1 any longitudinal saw cutting that may be required;
6.2 any testing, coring or sampling of supplied or laid materials, or any third-party inspection (these will be charged as a variation or must be arranged by the Client);
6.3 any tack coat or sealing grit at any level (if needed, this will be included in the Quotation or discussed as an extra);
6.4 the provision, construction, maintenance or removal of any temporary diversions or temporary ramping;
6.5 protection of completed work — once we have finished a section, protecting it from damage by other trades, vehicles or weather is the Client’s responsibility unless we agree otherwise (we can provide protective measures at additional cost); and
6.6 any performance bond or collateral warranty — if one is required it must be requested in advance and will be subject to an additional charge and agreement of terms.
Technical assumptions: ironworks within the area to be surfaced will be left at “biscuit” level until after the road base and base course layers are laid; and where multi-layer construction is required and no edge constraint is provided, sufficient width of formation will be provided to support the wearing surface.
7.1 Workmanship warranty (defects). We will put right, at no cost to the Client, any defect in our workmanship or materials that is notified to us within the defects liability period of the relevant section of the Works. If no different defects or maintenance period has been agreed in writing, a period of 12 months from completion applies by default. After the applicable period we are not obliged to remedy defects. This warranty does not affect a Consumer’s statutory rights.
7.2 Drainage and water shedding. We do not accept responsibility for the shedding of water, or for standing water, where the surface gradients do not comply with the recommendations of the relevant British Standards, the Specification for Highway Works, local authority specifications or sound engineering practice. This works alongside clause 5.5 on levels.
7.3 Work to the Client’s specification. Where we carry out work to a specification provided by the Client (or the Client’s engineer) and that specification later proves unsuitable for the purpose, we are not responsible for the consequences. We will raise any concerns we have about a specification, but the final decision and the associated risk remain with the Client.
7.4 Limitation of liability. Except as set out below, our total liability to the Client under or in connection with the contract is limited to the contract price (or the amount the Client has paid, whichever is higher). We are not liable for indirect or consequential losses, including loss of profit, loss of use or loss of business. Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law. For Consumers, nothing in these terms limits statutory rights.
7.5 Health and safety (CDM 2015). We comply with our duties under the Health and Safety at Work etc. Act 1974 and the Construction (Design and Management) Regulations 2015 (CDM 2015). For commercial projects, the Client must provide all relevant health and safety information (for example known asbestos or plans of underground services) so that we can comply. For domestic projects, the contractor’s duties under CDM 2015 fall to us — the Client simply needs to tell us of any hazards they are aware of.
7.6 Events beyond our control (force majeure). We are not liable for any failure or delay in performing the contract caused by events beyond our reasonable control. These include (without limitation) acts of God, war or hostilities, riot or civil disorder, fire, accident, breakdown of machinery, shortages of labour, materials or parts, strikes or lock-outs, and epidemics or pandemics and any government restrictions or lockdowns. If such an event occurs we will notify the Client and agree a revised programme, and neither party will be liable for the resulting delay.
8.1 Third-party rights. A person who is not a party to the contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms. Only we and the Client may enforce the contract.
8.2 Liability to third parties. If, despite clause 8.1, any third party becomes able to bring a claim under or in connection with the contract (for example by assignment or under a collateral warranty), our liability to that third party will be no greater than our liability would be to the Client.
8.3 Governing law and disputes. The contract is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. Before starting court proceedings, both parties will first try to resolve any dispute by negotiation and, where appropriate, mediation (or, for commercial projects, construction adjudication).
8.4 Entire agreement. The Quotation, these terms and any variations agreed in writing form the entire agreement between us and the Client, who confirms they have not relied on any statement or representation not set out in the contract. This does not exclude any liability for fraudulent misrepresentation.
8.5 Severability. If any provision of these terms is found to be invalid or unenforceable, it will be severed or modified to the minimum extent necessary, and the remaining provisions will continue in full force.
KAE Ltd trading as Edwards Surfacing, 1 Millfield, Greenway Business Park, Winslow Road, Great Horwood, Buckinghamshire MK17 0NP. Telephone 01296 714445. Email sales@edwardssurfacing.co.uk.
This annex applies to Consumers only.
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period ends 14 days from the day the contract is made. To exercise the right to cancel you must inform us of your decision by a clear statement — you may use the cancellation form below, or contact us by post or email at the details above. To meet the cancellation deadline, it is enough that you send your communication before the cancellation period has expired. So that we know as soon as possible, please use email where you can; if you cancel by post, please also telephone us on 01296 714445 so that we can update our schedule straight away.
Download the form you need as an editable Word document, fill it in, and email it to sales@edwardssurfacing.co.uk (or post it to the address above):
Download Cancellation Form (Word)Download Start-Work Waiver Form (Word)
Complete and return this form only if you wish to cancel the contract.
To: KAE Ltd t/a Edwards Surfacing, 1 Millfield, Greenway Business Park, Winslow Road, Great Horwood, Buckinghamshire MK17 0NP; or sales@edwardssurfacing.co.uk.
I/we hereby give notice that I/we cancel my/our contract for the following works:
Works / quotation reference:
Ordered on:
Name:
Address:
Signature (only if returning on paper):
Date:
Complete the waiver form only if you want the Works to begin before your 14-day cancellation period ends. By signing it you request that Edwards Surfacing begins the Works before the end of your 14-day cancellation period, and you acknowledge that you may still cancel within that period, but that if you do so after the Works have started, you must pay for the work carried out up to the point of cancellation.
KAE Ltd trading as Edwards Surfacing • Registered in England no. 05612373 • Registered office: C/O Dickinsons, Brandon House, First Floor, 90 The Broadway, Chesham HP5 1EG
