Terms And Conditions
1) Introduction and Scope
This Agreement enables Robust Details Limited (RDL) to permit the use of robustdetails™
for the purpose of satisfying Part E1 of the Building Regulations (England and Wales)
in relation to new attached homes. On receipt of a completed
Plot Registration Form, RDL
will issue a unique reference number for each plot.
2) Interpretation
The following interpretations shall apply in this Agreement: 'We', 'us'
and 'RDL' means Robust Details Limited. The 'Builder' means the company
or person who is responsible for building the dwelling and 'you' and 'your'
means the builder or anyone employed by him or acting for him.
3) Registration of Plots
On receipt of a completed plot Plot Registration Form
and appropriate fee we will give you a Purchase Statement and Compliance Certificate(s). In registering plots which
allow you to use robustdetails™ you agree to the conditions of this Agreement.
If you do not comply with the conditions we reserve the right to not allow the registration
of further plots. You must notify RDL of any subsequent change to the application
details (eg type of robustdetail™ to be used, change of plot number, change
of contact details, etc).
4) Cancellations or Amendments to Plot Registrations
You may request cancellations or amendments to plot registrations by notifying
us in writing and, if applicable, paying us an administration fee.
You agree to notify the relevant Building Control Body of the changes.
Amendments and cancellations are at your own risk and you are advised to consult your Building Control Body to check for any implications before sending your request to RDL.
You agree to return the original registration documents or produce evidence that you have notified the relevant Building Control Body before we process your request for a cancellation or amendment.
We will amend or cancel plot registrations, provided that these Terms & Conditions are satisfied and that doing so would not contravene any other requirements of the robustdetails scheme.
5) Refund Policy
- Refunds are calculated on an individual plot by plot basis
- Plots where construction work has started : no refund is payable
- Plots where construction work has not started: for cancellations notified to RDL in writing and within three months of plot registration date, a full refund less an administration fee is payable on request OR, for cancellations notified in writing more than three months after plot registration date, a 50% refund is payable on request. The registration date is the date shown on the Purchase Statement.
6) Building Control Submission
You agree to submit your robustdetails™ Purchase Statement to the Building
Control Body, wherever possible, with your building control application but in any
case you will submit the robustdetails™ Purchase Statement before the start
of work on the registered plot(s). You must notify the Building Control Body of
any subsequent change to the application details (eg type of robustdetail™
to be used, change of plot number, change of contact details, etc).
7) Design and Construction
You agree to design and construct the separating walls and floors strictly in
accordance with the relevant parts of the robustdetails™
Handbook> and in accordance with all relevant
building regulations and other statutory requirements. On completion of the dwelling(s)
you will sign the Compliance Certificate and give it to the Building Control
Body.
8) Performance Monitoring
You agree to us (or our nominated agent) undertaking sample sound testing and/or
visual inspections of separating walls and floors on plots registered with us. You
agree to provide us with information relating to progress on site to enable us to
identify suitable plots for sample sound testing and/or visual inspections of separating
floors and to arrange and undertake the sample sound testing and/or visual inspections
of separating walls and floors. On request, once a suitable plot has been identified,
you will cease work in order to provide a suitable environment to allow sound testing
and you accept the liability, time and cost implications, if any, of the sample
sound testing and/or visual inspections.
9) Publicity and Promotion
You are not permitted to use the robustdetails™ name or any of our documents
in any publicity or promotional material unless prior written agreement is obtained
from RDL. You shall not make any misleading statement concerning any documents we
have permitted you to use.
10) Fees and Charges
You undertake to pay the Fees applicable
at the time of application. We reserve the right to charge administration fees (eg
for plot registration amendments and cancellations), as published on this website.
11) Ownership of Purchase Statements
You may not sell or otherwise transfer the unique plot registration number(s)
or Purchase Statement to a third party.
12) Expiry
Plot Registrations shall expire in the event that the relevant Robust Detail
is withdrawn or, in any event, after three years from the date of this Agreement.
RDL may renew expired licences upon written application and on payment of a fee.
13) Termination
You accept our right, upon your failure to comply strictly with these Terms &
Conditions, to cancel this Agreement and reject any future applications you may
make and to notify the Building Control Body of your non-compliance.
14) Limitation of Liability
You acknowledge and accept that RDL is not liable for any consequences
of you failing to satisfy the conditions of this Agreement. It is your responsibility
to ensure that each dwelling achieves the performance standards required by the
Building Regulations and you accept that RDL is not liable if any dwelling fails
to achieve the required performance standards.
15) Complaints
In the event that there is a complaint about the performance of a robustdetail™
separating wall and/or floor you agree to take reasonable steps to investigate the
complaint. In the event that you decide to undertake a sound test you agree to engage
a measurement contractor who is either accredited by the United Kingdom Accreditation Service (UKAS) or who is registered
with the
Association of Noise Consultants (ANC).
16) Appeals
Where you are dissatisfied by any final response you receive following a dispute
with RDL relating to this Agreement, you may appeal in writing to the Chairman of
RDL.
17) Force Majeure
RDL and you will be released from the obligations in this Agreement if any event
beyond the control of both of us shall make performance of this Agreement impossible.
18) Disclaimer
Whilst every effort has been made to ensure that Part E robust details™
do not conflict with any other statutory or regulatory requirements,the guidance,
information and advice given by RDL does not constitute legal, technical or other
professional advice and is intended solely for the purpose of assisting house builders,
Building Control Bodies and others secure reasonable standards of sound resistance
between new dwellings in accordance with the functional requirements of Part E of
the Building Regulations 2000. Accordingly, RDL : (a) does not guarantee that the
Robust Details are suitable and fit for their intended or any purpose nor warrant
that the guidance, information and advice contained in this Handbook
is accurate, complete or appropriate for such purposes; and (b) does not accept
any liability or responsibility for any loss or damage of any kind including direct,
consequential, incidental, special, punitive or any other damages whatsoever and
howsoever caused (including, without limitation, negligence or breach of statutory
duty) which may be incurred by any person as a direct or indirect result of acting
in reliance on the Robust Details and, as far as it is entitled to do so by law,
excludes all such liability.
19) Law
This Agreement shall be governed by English Law and the parties agree to submit
to the exclusive jurisdiction of the courts of England and Wales...
