AST SERVICES
TERMS & CONDITIONS
These Terms & Conditions apply to all goods and services provided by AST Services.
AST Services is a trading name of Tinson UK Ltd (Company No. 15008527).
Registered office: Meerhay the Moor, Minety, Malmesbury, SN16 9QW.
1. Acceptance of Terms
By contacting AST Services, requesting or accepting a quotation, instructing works, allowing access to site, allowing works or deliveries to commence, making any payment, signing any job start or completion documentation, or using or benefiting from the works or goods supplied, the Client confirms that they have read, understood and accepted these Terms & Conditions in full.
Failure or refusal to sign any documentation does not prevent these Terms from applying. Acceptance may occur by conduct, instruction, payment, use, occupation, riding, operation, storage, or receipt of benefit from the works or goods.
These Terms shall apply to all contracts and override any other terms proposed by the Client unless expressly agreed in writing by AST Services.
2. Business Hours
Normal business hours are Monday to Friday, 8:30am – 5:00pm.
Agricultural services may be carried out outside these hours where weather conditions, seasonal requirements or operational needs require.
3. Scope of Services
AST Services provides services including but not limited to:
- Agricultural contracting
- Equestrian groundworks and arena construction
- General and civil groundworks
- Domestic groundwork packages
- Site preparation and drainage works
- Supply of associated materials and goods
4. Quotations and Contract Formation
All quotations are based on the information available at the time they are provided.
A quotation becomes binding once accepted verbally, in writing, by email, by signing acceptance documentation, or by allowing works or deliveries to commence.
Any changes to the scope of works requested by the Client may result in additional charges.
5. Site Information and Access
The Client is responsible for providing accurate information regarding:
- underground or overhead services
- site boundaries
- access requirements
- restrictions or working limitations
AST Services shall not be liable for delays, damage or additional cost resulting from inaccurate or incomplete information provided by the Client.
6. Materials and Ownership
All materials supplied remain the property of AST Services until paid for in full.
Risk in materials passes to the Client upon delivery to site or collection.
Where materials are delivered to site prior to installation, storage and protection are the responsibility of the Client.
7. Weather and Programme
All proposed start dates and completion times are estimates only.
AST Services shall not be liable for delays caused by weather conditions, ground conditions, site access issues, supply chain delays or circumstances beyond reasonable control.
Agricultural and external works are inherently weather dependent.
8. Workmanship Standard
All works will be carried out with reasonable care and skill and to a practical, functional and professional standardconsistent with normal industry practice.
Groundworks, agricultural works and equestrian construction are not precision cosmetic trades. Variations in appearance, levels, texture, settlement, drainage behaviour or surface performance may occur and do not constitute defects.
Perfection, aesthetic preference or subjective expectations are not guaranteed unless specifically agreed in writing.
9. Inspection and Acceptance
The Client must inspect the works and/or goods upon completion or delivery as soon as reasonably practicable.
Where a Completion & Satisfaction / Handover Form is provided, the Client’s signature confirms that the works have been inspected and accepted.
Acceptance may also occur through payment, use, occupation, riding, operation or continued benefit from the works or goods.
Once accepted, AST Services shall not be responsible for issues arising after that point except where liability cannot lawfully be excluded.
10. Transfer of Responsibility After Acceptance
Following inspection and acceptance of the works or goods, responsibility for their condition, use, maintenance and performance transfers to the Client.
Continued use, riding, loading, trafficking, occupation, operation or exposure of the works or goods confirms acceptance and transfer of responsibility.
11. Maintenance Responsibility
From completion or acceptance (whichever occurs first), all maintenance, care, adjustment, protection and upkeep of the works or goods is the responsibility of the Client.
AST Services shall not be liable for deterioration, flooding, movement, settlement, cracking, wear, contamination, degradation or performance changes arising after completion due to:
- maintenance practices or lack of maintenance
- environmental conditions
- ground movement
- weather conditions
- usage by animals, vehicles or machinery
- third-party interference
12. Claims and Evidence Requirements
Any claim against AST Services must be supported by reasonable and proportionate evidence demonstrating that the issue arises directly from workmanship prior to acceptance.
The Client may be required to provide:
- written description of the issue
- dated photographs or video evidence
- maintenance records
- dates and methods of maintenance
- details of any third parties who have accessed or altered the works
Where sufficient evidence is not provided, AST Services may decline to investigate the claim further.
13. Third-Party Interference
Any alteration, repair, maintenance, adjustment or interference with the works or goods by the Client or a third party after completion may limit or exclude AST Services’ responsibility for those works.
14. Riding Arenas and Equestrian Surfaces
Horse riding and equestrian activities are inherently dangerous and involve risks regardless of the condition of any riding surface or arena.
AST Services does not control and is not responsible for:
- horse behaviour or temperament
- rider skill or supervision
- tack or equipment
- weather conditions
- maintenance practices after completion
No guarantee is given that riding arenas or equestrian surfaces will remain free from flooding, movement, settlement or performance variation.
Differences in firmness, softness, depth or ride characteristics do not of themselves constitute defects.
Following inspection and acceptance of an arena or surface, responsibility for use, maintenance and safe operation rests with the Client or site operator except where liability cannot lawfully be excluded.
15. Supply of Goods
Where goods are supplied, including materials, hay, straw or self-assembly items, these are supplied at the Client’s risk once delivered or collected.
The Client is responsible for correct specification, installation, storage and use unless otherwise agreed in writing.
16. Payment Terms
Invoices must be paid in accordance with the payment terms stated.
AST Services reserves the right to suspend works or withhold further deliveries where payments are overdue.
Reasonable costs incurred in recovering overdue payments may be charged to the Client.
17. Cancellation
Cancellations must be made as soon as possible.
Where works are cancelled at short notice, AST Services may charge reasonable costs already incurred including labour, materials, plant and lost time.
18. Limitation of Liability
To the fullest extent permitted by law, AST Services shall not be liable for indirect or consequential losses including loss of use, loss of profit, or business interruption.
Where the Client is a consumer, AST Services’ total liability for any claim arising from the works or goods (other than liability which cannot lawfully be excluded) shall be limited to the lower of:
- the total contract value, or
- the amount recoverable under AST Services’ relevant insurance policy in force at the time of the claim.
19. Insurance
The Client is responsible for ensuring appropriate insurance cover for their property, site and activities carried out on it.
20. Governing Law
These Terms & Conditions are governed by the laws of England and Wales.
21. Legal Savings Clause
Nothing in these Terms & Conditions is intended to exclude or limit liability where such exclusion or limitation is prohibited by law.
All limitatations and exclusions shall apply to the fullest extent permitted by law.