6. SITE CONDITIONS
   6.1 The Quotation is based on the conditions prevalent at the time of survey. Renlon cannot be held responsible for any condition that was not
   visible at the time of its inspection. Should site conditions dictate that a modification or change to the Quotation is required it will be fully
   discussed with the Client prior to any joint decision to issue and/or accept a Variation.
   6.2 Any report issued by Renlon following an inspection shall be for the sole purpose of providing a Quotation and is not a structural survey report.
   Aggressive Conditions
   6.3 Where applicable the use of ordinary portland cement will be anticipated in the Quotation. If the Client requires sulphate resistant cement, this
   should be advised in writing and, if not included in the Quotation, shall be treated as a Variation.
   Operating Temperature
   6.4 Because of the sensitivity of the materials used and specifically their sensitivity to extreme temperatures or weather conditions, Renlon may
   suspend the Works at its discretion if:
   6.4.1 the ambient temperatures is considered to drop below 5 Degrees C;
   6.4.2 the ambient temperatures is considered to rise above 32 Degrees C; and/or
   6.4.3 any other extreme conditions prevail that could be considered to degrade the effectiveness of the materials used.
   In the event that the Client wishes to continue with the works, at the discretion of Renlon, the Client shall supply, free of charge, suitable heating
   or cooling equipment to maintain the temperature at an acceptable level for as long as Renlon deems to be necessary.
   Wet Weather
   6.5 Due to the nature of the Works Relon requires a dry environment to apply the required materials without risk of damage and having them ‘washed
   off’. Consequently, if the site is open to the elements and the program cannot accommodate Renlon’s temporary withdrawal from site until
   conditions improve, it is the Client’s responsibility to erect suitable protection against rain, snow etc. If the Client wishes Renlon to stay on site,
   this would require a Variation including a value for stand down costs.
   Substrate Suitability
   6.6 Unless Renlon is advised to the contrary by the Client in writing, it is assumed that the substrate is comprised of sound structural materials fully
   capable of accepting the application as stated, and it will remain static except at designed movement points. The structure is deemed to be
   whole and monolithic and of adequate strength to withstand any developed stresses and strains and defacement processes necessary to
   undertake the works along with further loads to which it may be consequently subjected. No support or propping works have been incorporated
   within the formulation of the Quotation. Any such works will be undertaken at no charge to Renlon. Should any damage or cracking of the Works
   occur due to the movement of the substrate, Renlon will not be liable for any repairs, or consequential damage occurring. Changes in any
   processes associated with such works, may require the instruction of a Variation.
   Mortar Joints
   6.7 On brickwork / blockwork substrates the surface preparation is considered to remove loose and unsuitable mortar from the joints. Where
   surface preparation is being undertaken by Renlon, should the Client require joints to be raked back and infilled with a suitable mortar, prior to
   rendering, this would require the instruction of a Variation.
   Movement Joints
   6.8 Waterproof render systems are formulated as high cement content render with mix design ratios down to 1:1, the nature of such a cementitious
   mortar mix is that it cannot withstand movement within the parent structure. Any movement within the structure may result in reflective cracking
   through the full system thickness. If a potential for movement exists between an dissimilar materials, at lines of structural distress or at any
   lines of construction/movement joints, then the application of a specialist flexible movement joint will be required. Renlon will endeavour to
   bring to the Client’s attention any potential lines of movement noted at inspection, and again at preparatory stages. Renlon cannot be held
   responsible or liable to determine or anticipated or potential lines of movement. The Client should discuss such matters with a suitable
   structural engineer to assess the requirements, and potential movement. Additional specialist flexible movement joints over and above the
   qualities specified within the Quotation will be require the instruction of a Variation.
   Timbers
   6.9 Where Renlon is instructed to carry out Works on structurally weakened timbers, it cannot accept responsibility for any damage which may
   occur due to the condition of those timbers.
   6.10 Timbers, which are varnished, painted, or otherwise sealed, cannot be treated successfully unless stripped prior to treatment. Such work is not
   included within the Quotation and any sealed timbers are specifically excluded from Renlon’s guarantee

6.11 Renlon will use non-flammable timber preservatives unless otherwise stated. However, Renlon advise against the use of naked lights or burning
equipment for a period of 8 hours from application. The Client should not allow children or animals into treated areas during this period.
Working/Site Access Hours
6.12 Renlon’s normal working hours are Monday – Friday (8am-4pm) on Working Days. No allowance has been made for working outside of those
hours or on days which are not Working Days unless specifically specified in the Quotation.

7. PAYMENT
   7.1 The price for the Works shall be the Order Value or such other sum as shall become payable in accordance with the terms of this Contract.
   Renlon shall be entitled to make interim applications for payment at intervals of no less than 1 month in respect of the Order Value and the “Due
   Date” for the payment of each such instalment shall be 7 days from the date of the application.
   7.2 No later than five days after the Due Date, the Client shall notify Renlon of the sum that it considers to have been due at the relevant Due Date
   in respect of the payment and the basis on which that sum is calculated (the “Notified Sum”). If the Client fails to provide such a notice, the
   Notified Sum shall be the amount claimed in Renlon’s application.
   7.3 The final date for payment shall be 21 days from the Due Date. Subject to clause 7.4, the amount of the payment to be made on or before the
   final date for payment shall be the Notified Sum.
   7.4 Not later than 15 days before the final date for payment of an amount due pursuant to clause 7.3 the Client may give one or more written notices
   to Renlon which specify its intention to pay less than the Notified Sum, the amount the Client considers to be due on the date the notice is
   served and the basis on which that sum is calculated.
   7.5 If the Client fails to make any payment due under this Contract by the final date for payment, Renlon may immediately suspend performance of
   any or all of the Works and Renlon shall not be liable for any resultant delay and/or disruption caused as a result of any such suspension. Return
   to site will not be scheduled until outstanding payments have been made.
   7.6 If the Client fails to make any payment due under this Contract by the final date for payment, then, without limiting any of Renlon’s remedies
   under this Contract, the Client shall pay interest on the overdue sum from final date for payment until payment is made (whether before or after
   judgment) calculated daily at a rate of 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when
   that base rate is below 0%.
8. VARIATIONS
   8.1 The Client may propose and Renlon (at its sole discretion) may accept Variations. Unless otherwise provided for in this agreement, the value of
   accepted Variations shall be ascertained by reference to the rates and prices if any specified in the Quotation for similar or analogous work, but
   if there are no such rates or prices, or if they are not applicable, then the value shall be such as is reasonable in all the circumstances. For works
   carried out on a day rate basis, labour will be charged at the rate prevailing when the works commence. Materials and plant will be charged at
   cost plus 25%. The Order Value shall be adjusted according to the value of accepted Variations ascertained in accordance with this clause.
   8.2 Renlon shall have no obligation to carry out additional works pursuant to a Variation without written instructions and an agreed value or method
   of valuing the relevant Variation.
9. LIMITATIONS ON LIABILITY – THE CLIENT’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
   9.1 Renlon cannot be held responsible for claims for damage caused by vibration or by any other causes to adjoining rooms or neighbouring
   properties. More commonly where timber treatment is specified, it is possible for odours to permeate into adjacent properties. Where this is
   at all likely, the occupiers would need to be informed by the Client and advised to take precautions in line with Renlon health and safety warning
   contained within the report.
   9.2 Resin injection methods of any type carried out by Renlon are not included or covered under the terms of the Guarantee.
   9.3 No responsibility will be accepted by Renlon for the standard of works undertaken by others. It is a condition precedent to cover under the
   Guarantee that the Client complies with its obligations under this Contract.
   9.4 Renlon will not be liable for failure of the Works under the following circumstances:
   9.4.1 Where the drainage elements such as sump units and chambers have been omitted from Renlon’s Quotation or installed by a third
   party at the Client’s request, and subsequently caused a failure of the main systems function.
   9.4.2 Where there is any failure of the properties existing drainage systems e.g. gravity drainage, soakaways, central pumps failure,
   attenuation tanks etc that may prevent effective discharge from the installed system and/or any other cause outside of Renlon’s
   control.

9.5 Renlon shall have no liability under this Contract or the Guarantee for loss of profits, loss of sales or business, loss of agreements or contracts,
loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill and indirect or
consequential loss. For the avoidance of doubt, consequential loss shall include (but shall not be limited to) any relocation and/or temporary
accommodation costs, costs or expenses which are not directly incurred by the Client, costs of any redecoration, repainting or retiling works
and the cost of replacing/removing any cupboards, carpets or other furniture, finishes, fixtures and fittings.
9.6 Without affecting any other provision of this Contract, Renlon’s liability under or in connection with this Contract shall be limited to the Order
Value. This limit shall apply however that liability arises, including, without limitation, a liability arising by breach of contract, arising by tort
(including, without limitation, the tort of negligence) or arising by breach of statutory duty.
9.7 Nothing in this clause shall not exclude or limit Renlon’s liability for:
9.7.1 death or personal injury caused by the Renlon’s negligence; or
9.7.2 fraud or fraudulent misrepresentation.
9.8 Neither party shall commence any legal action against the other under this agreement after six years from the date of practical completion of
the Works.

10. DISPUTES
    10.1 The Client must notify Renlon in writing of any suspected issues or problem associated with the Works within 7 days of any such issue becoming
    apparent or when such an issue would have become reasonably apparent.
    10.2 Subject to either party’s right to adjudicate at any time, the parties shall use their reasonable endeavours to resolve any dispute or difference
    between them through negotiation or mediation. In the unlikely event of a claim, complaint or dispute the Renlon complaints resolution
    procedure shall apply. Copies of Renlon’s complaints resolution procedure are available via www.renlon.com or alternatively the Client may
    request a copy from Renlon’s office by telephone or in writing.
    10.3 Notwithstanding any other provision of this agreement either party may refer a dispute arising under this agreement to adjudication at any time
    under Part I of the Scheme for Construction Contracts (England and Wales) Regulations, which Part shall take effect as if it was incorporated
    into this clause.
    10.4 The adjudicator shall be appointed by: the Royal Institution of Chartered Surveyors.
11. FORCE MAJUERE
    11.1 All orders accepted, and contracts made by Renlon are contingent upon freedom from all liability for non-fulfilment or delay due to war, strikes,
    lockouts, riots, civil commotion, pandemics, scarcity of materials or labour difficulties or other causes beyond Renlon’s control.
    11.2 In the event of a delay or aborted visit due to circumstances out of Renlon’s control, and where labour has been scheduled, and cannot be
    reallocated e.g. due to short notice, Renlon reserve the right to apply a charge for this productivity at current labour rates.
12. MAINTENANCE
    Fixings
    12.1 Once applied, renders should under no circumstances be punctured or pierced. Where fixing are required these should only ever be carried out
    by an authorised Renlon representative. Any form of puncturing by the Client or an unauthorised third party could compromise the integrity of
    the waterproofing and should this occur, Renlon will not accept liability for water ingress. Any provided Guarantee will also be deemed to be
    invalid.
    Finishes
    12.2 Any finishes applied to the render must be vapour permeable. Where plaster finishes are applied these should be gypsum based as they can
    break down with the passage of water vapour. Due to the density of the render or setting coat, it is sometimes unavoidable that ‘surface crazing’
    may occur. This is not detrimental to its performance.
    Pump Maintenance
    12.3 The pumps are an essential and integral element of the design, integrity, and security of a waterproofing system. It is essential that pumps and
    channels are serviced and maintained on a regular basis according to the prevailing site conditions, and in total compliance with the
    recommended frequency advised by a Renlon authorised service engineer. It is also essential that documentary evidence is provided of this
    servicing and maintenance to Renlon within 5 Working Days of it being undertaken. Failure to comply with the servicing and/or maintenance
    recommendations will result in any Guarantee being cancelled or suspended. Should a flood occur due to lack of servicing or maintenance in
    accordance with recommendations, Renlon cannot be held liable for the failure of the system and any consequential damage.

Surface Water/Flooding
12.4 Renlon’s waterproofing systems are a secondary form of protection against ground water with the structure being assessed to offer suitable
primary resistance, (limited to the time of Renlon’s surveyor inspection, project management site visits and installation) and/or any other primary
waterproofing included by others or Renlon providing the first line of defence against ground water ingress. Renlon’s systems will not offer
protection against surface water from external sources, penetration of water due to building/structural defects, the lack of proper maintenance
or internal flooding due to internal sources such as plumbing leaks or drainage issues. Renlon accepts no responsibility or consequential losses
for flooding events outside of its control. Flooding could have a detrimental effect on the installed systems and Renlon should be notified as
soon as possible if this occurs so that an inspection can be arranged to assess the risk. Where pumps are installed these should be serviced
as soon as possible as foreign objects and fines washed into sump liners could damage the equipment and prevent suitable ground water
discharge.

13. CHANGE OF USE
    13.1 Renlon applied systems are installed to withstand conditions and aggressive substances that are prevalent at the time of the Quotation. If
    during the life of the structure its use is changed, advice should be sought from Renlon on the suitability of the application in the new conditions.
14. GUARANTEES
    14.1 A Guarantee will only be provided once the Order Value has been fully settled following completion of the Works. If Renlon issues a Guarantee
    prior to payment of the full Order Value, the Guarantee shall only become valid upon complete payment of the Order Value and any additional
    sums due under this Contract.
    14.2 Renlon reserves the right to suspend or cancel a Guarantee at its discretion. An example of this would be where ground water pumps serving
    cavity drain membrane systems have not been serviced in accordance with the frequency recommendation of an authorised Renlon service
    engineer.
    14.3 A Guarantee will be rendered void if the Client or any successor in title fails to comply with the maintenance provisions in clause 12 or fails to
    notify Renlon of a change in use under clause 13.
    14.4 Sump equipment (e.g., pumps, alarms, and back-up units) installations are not covered by any Guarantee and are subject to the manufacturer’s
    warranty period and conditions only.
15. COLLATERAL WARRANTIES
    15.1 Renlon may, at its sole discretion, agree to provide a collateral warranty if requested by the Client. The Client must provide the proposed form
    of collateral warranty as soon as reasonable practicable. In addition to a fee for providing the collateral warranty, the Client shall be responsible
    for Renlon’s reasonable costs in having the form of collateral warranty reviewed by its professional advisers.
16. INTELLECTUAL PROPERTY
    16.1 All Intellectual Property Rights in or arising out of or in connection with the Works (other than Intellectual Property Rights in any materials
    provided by the Client) shall be owned by Renlon.
    16.2 Renlon grants to the Client, or shall procure the direct grant to the Client of, a fully paid-up, worldwide, non-exclusive, royalty-free perpetual and
    irrevocable licence to use and copy any documents produced or provided by Renlon in the course of carrying out the Works (excluding materials
    provided by the Client) for the purpose of receiving and using the Works.
    16.3 The Client shall not sub-license, assign or otherwise transfer the rights granted in this clause.
    16.4 The Client grants Renlon a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by the
    Client to Renlon for the term of the Contract for the purpose of providing the Works to the Client.
17. TERMINATION
    17.1 Without affecting any other right or remedy available to it, either party may terminate the Contract by giving the other party 1 months’ written
    notice.
    17.2 Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice
    to the other party if:
    17.2.1 the other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that
    breach within 10 Working Days of that party being notified in writing to do so;
    17.2.2 the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition
    or arrangement with its creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a
    moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for
    the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;

17.2.3 the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its
business; or
17.2.4 the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s
capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
17.3 Without affecting any other right or remedy available to it, Renlon may terminate the Contract with immediate effect by giving written notice to
the Client if the Client fails to pay any amount due under the Contract on the due date for payment.
17.4 Without affecting any other right or remedy available to it, Renlon may suspend the Works or any other contract between the Client and Renlon
if:
17.4.1 the Client fails to pay any amount due under the Contract on the due date for payment;
17.4.2 the Client becomes subject to any of the events listed in clauses 17.2.3 or 17.2.4, or Renlon reasonably believes that the Client
is about to become subject to any of them; and
17.4.3 Renlon reasonably believes that the Client is about to become subject to any of the events listed in clause 17.2.2.

18. NOTICES
    18.1 Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand
    or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business
    (in any other case) or sent by email to the address specified in the Quotation.
    18.2 Any notice or communication shall be deemed to have been received:
    18.2.1 if delivered by hand, at the time the notice is left at the proper address;
    18.2.2 if sent by next working day delivery service, at 9.00 am on the second Working Day after posting; or
    18.2.3 if sent by email at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business
    hours resume. In this clause (c), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday
    in the place of receipt.
    18.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of
    dispute resolution.
19. NO ORAL VARIATION OR WAIVER
    19.1 No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
    19.2 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
    19.3 A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall
    it prevent or restrict the further exercise of that or any other right or remedy.
20. GOVERNING LAW
    20.1 This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject
    matter or formation shall be governed by and construed in accordance with the law of England and Wales.
21. JURISDICTION
    21.1 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including
    non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.