1.1 The AugerShield Warranty is a service guarantee provided by Auger Site Investigations Ltd trading as "Auger" of Auger House, Cross Lane, Wallasey, Wirral, CH45 8RH, the Contractor. It covers latent defects in drainage and associated works carried out by the Contractor at the Premises.

1.2 The AugerShield Warranty is a guarantee by the Contractor of its own workmanship and the materials used in the Building Works. It is not an insurance product and does not constitute a contract of insurance.

1.3 The AugerShield Warranty is only available in respect of Building Works carried out by the Contractor.

1.4 The benefit of the AugerShield Warranty is for the Customer as named in the Certificate of Warranty. The AugerShield Warranty is non-transferable.

Standard Cover

2.1 A 3-year AugerShield Warranty is included as standard with every qualifying repair carried out by the Contractor, at no additional charge to the Customer. The cost of Standard Cover is included within the price of the Building Works.

Extended Cover

2.2 Customers may purchase Extended Cover to extend the AugerShield Warranty Period beyond 3 years. The following options are available:

Standard Cover | 3 Years | Included with repair | Included as standard with every qualifying repair

Extended Cover (5 Years) | 5 Years | £72.00 | Additional 2 years cover

Extended Cover (7 Years) | 7 Years | £120.00 | Additional 4 years cover

Extended Cover (10 Years) | 10 years | £168.00 | Additional 7 years cover

2.3 Extended Cover may be purchased:

(a) at the time the original Building Works are completed; or

(b) at any time during the Customer's existing AugerShield Warranty Period, subject to the Contractor being satisfied that the Building Works are in an acceptable condition at the time of the upgrade. The Contractor reserves the right to carry out an inspection before accepting an upgrade application.

2.4 All prices for Extended Cover are inclusive of VAT at the prevailing rate. The prices shown in the table above reflect the Contractor's current pricing schedule and are subject to change. If Extended Cover is purchased at a later date, the price payable will be the price set out in the Contractor's pricing schedule at the time of purchase.

2.5 The AugerShield Warranty Period for Extended Cover runs from the original Completion Date as stated in the Certificate of Warranty, not from the date of the upgrade purchase.

The following terms have the meanings set out below wherever they appear in this document.

Building Works

3.1 The drainage and any other associated works as described in the Certificate of AugerShield Warranty, carried out at the Premises by the Contractor.

Certificate of AugerShield Warranty

3.2 The certificate issued by the Contractor to the Customer confirming the completion of the Building Works, the commencement of the AugerShield Warranty Period, the AugerShield Warranty Period applicable, and the Limit of Liability.

Completion Date

3.3 The date on which the Building Works were completed as stated in the Certificate of AugerShield Warranty.

Contractor

3.4 Auger Site Investigations Ltd trading as "Auger" of Auger House, Cross Lane, Wallasey, Wirral, CH45 8RH. Customer 3.5 The owner of the Premises at the time the Building Works were completed, as named in the Certificate of AugerShield Warranty.

Damage

3.6 Any defect in the design, specification, workmanship, materials or components of the Building Works which causes or contributes to physical loss or damage to the Building Works, and which is first discovered during the AugerShield Warranty Period.

Defect

3.7 A failure by the Contractor to comply with the applicable standards and specifications for drainage repair and associated works, including the requirements of "The Drain Repair Book" published by the Water Research Council. Failure to follow guidance does not in itself constitute a Defect if the required performance standard has been achieved by other means.

Limit of Liability

3.8 The maximum aggregate liability of the Contractor under this AugerShield Warranty, being the value of the Building Works as shown on the invoice referred to in the Certificate of AugerShield Warranty, increased to reflect inflation over the period from the Completion Date to the date on which the relevant remedial works are carried out. For this purpose, inflation shall be calculated by reference to the Consumer Prices Index (CPI) published by the Office for National Statistics (or, if that index ceases to be published, the nearest equivalent official index).

Premises

3.9 The property described in the Certificate of AugerShield Warranty where the Building Works were carried out.

AugerShield Warranty Period

3.10 The period commencing on the Completion Date during which the Contractor is responsible for remedying Damage in accordance with these Terms. The AugerShield Warranty Period is 3 years (Standard Cover) or such longer period as stated in the Certificate of AugerShield Warranty where Extended Cover has been purchased.

4.1 During the AugerShield Warranty Period, the Contractor will at its own cost repair and remedy any Damage to the Building Works that is discovered and notified to the Contractor in accordance with the Claims Procedure in Section 8.

4.2 The Contractor's obligation under the AugerShield Warranty is to carry out the necessary remedial works to restore the Building Works to their original specification. This is a service obligation. The Contractor will attend the Premises and carry out the required works.

4.3 The Contractor will also meet the following reasonable costs arising directly from a valid claim:

4.3.1 Additional costs necessarily incurred to comply with Building Regulations or statutory requirements, provided such costs would not have been incurred in the absence of the Damage; and

4.3.2 The reasonable costs of removal of debris and dismantling or demolishing works where necessary to enable the remedial works to be carried out.

4.4 The Contractor's total liability under this AugerShield Warranty shall in no circumstances exceed the Limit of Liability.

The Contractor shall have no liability under the AugerShield Warranty for loss, damage or costs caused by or arising from any of the following.

Alterations - Any alteration, modification or addition to the Building Works after the Completion Date carried out without the prior written consent of the Contractor, where that alteration caused or contributed to the Damage.

Change in Colour - Any change in colour, texture, opacity or staining or other ageing process to any element of the Building Works.

Consequential Loss - Any consequential, indirect or economic loss, including loss of use, loss of income, business interruption or diminution in value of the Premises.

Defects in Existing Works - Any defect in drainage or associated works that did not form part of the Building Works carried out by the Contractor.

Maintenance and Use - Inadequate or improper maintenance; use inconsistent with the designed purpose; or loads/stresses beyond the design specification.

Property Not Covered - Loss or damage to paving, decking, gardens, driveways or any other associated works such as landscaping.

Reasonableness - In the event of a valid claim under the AugerShield Warranty the Contractor shall only be responsible for costs and expenses that a reasonable person would incur if spending their own money. Whenever possible if items can be found to match existing items at a reasonable cost the Contractor will endeavour to facilitate this. However the Contractor will have no liability and will not be responsible for any additional costs if a similar match is not possible at a reasonable cost.

Special Perils - Loss or damage caused by or consequent upon fire, lightning, explosion, earthquake, storm, tempest, flood, subterranean fire or other convulsion of nature, aircraft or other aerial devices or articles therefrom, escapes of water from tanks, apparatus or pipes, malicious persons, theft, attempted theft impact or any accidental cause.

Third Party Interference - Damage caused by works carried out by any third party to or near the Building Works after the Completion Date.

Subsidence and Ground Movement - Loss or damage from subsidence, heave or landslip, unless directly caused by a Defect in the Building Works.

Toxic Mold - Loss or damage arising from bacteria, mold, fungi, viruses or their by-products, unless directly caused by a Defect in the Building Works.

Tree Roots - Damage caused by root ingress from trees or vegetation, whether planted before or after the Completion Date, unless the root ingress was caused or materially contributed to by a Defect in the Building Works.

Vermin - Loss or damage caused by rodents, vermin or insect infestation.

Water Table - Loss or damage from a permanent change in water table level (seasonal variation is not excluded).

Wear and Tear - Normal wear and tear, deterioration, dampness, condensation or shrinkage consistent with the age of the works.

Willful Acts - Deliberate damage, willful neglect or criminal act by the Customer or anyone at the Premises with their knowledge.

6.1 The total liability of the Contractor under the AugerShield Warranty in respect of any one Certificate of AugerShield Warranty shall not exceed the Limit of Liability, regardless of the number of claims made during the AugerShield Warranty Period.

6.2 The maximum aggregate liability of the Contractor under this AugerShield Warranty, being the value of the Building Works as shown on the invoice referred to in the Certificate of AugerShield Warranty, increased to reflect inflation over the period from the Completion Date to the date on which the relevant remedial works are carried out. For this purpose, inflation shall be calculated by reference to the Consumer Prices Index (CPI) published by the Office for National Statistics (or, if that index ceases to be published, the nearest equivalent official index).

Certificate of AugerShield Warranty

7.1 The AugerShield Warranty is only valid where a Certificate of AugerShield Warranty has been issued by the Contractor. The AugerShield Warranty is binding on both parties once the Certificate has been issued. Customers should check the Certificate carefully to confirm all details are correct.

Transferability

7.2 The AugerShield Warranty is issued to the named Customer only and does not transfer upon sale or disposal of the property. No benefit under this AugerShield Warranty may be assigned or transferred to any third party. Any purported transfer or assignment shall be of no effect.

Customer Obligations

7.3 The Customer must:

(a) notify the Contractor of any potential claim as soon as reasonably practicable after discovery, and in any event within 60 days;

(b) take all reasonable steps to prevent further damage following discovery;

(c) not instruct a third party before giving the Contractor a reasonable opportunity to attend, except in a genuine emergency;

(d) provide the Contractor with reasonable access to the Premises to inspect and carry out any remedial works.

If the Customer fails to notify the contractor within 60 days of discovery then the claim may not be accepted.

Contractor's Right of Access

7.4 Where a valid claim arises, the Contractor shall be entitled to access the Premises at a reasonable time and on reasonable notice to inspect and carry out remedial works. If access is unreasonably withheld or delayed by the Customer, the Contractor shall not be liable for any additional costs or damage arising from that delay.

Fraud

7.5 If any claim under the AugerShield Warranty is fraudulent in any respect, or if any fraudulent means are used by the Customer to obtain a benefit under the AugerShield Warranty, all rights under the AugerShield Warranty shall be forfeited and the Contractor reserves the right to recover any costs incurred and to take appropriate legal action.

Misrepresentation

7.6 The AugerShield Warranty shall be void from the outset if the Customer has made any material misrepresentation, misdescription or non-disclosure with intent to mislead the Contractor in connection with the Building Works or the Certificate of AugerShield Warranty.

Dispute Resolution

7.7 The Contractor is committed to resolving disputes fairly and promptly. The following process applies to any dispute arising under or in connection with the AugerShield Warranty:

(a)  Informal resolution: the Customer should first raise the matter with the Contractor under the complaints procedure in Section 9, giving the Contractor the opportunity to resolve it directly.

(b)  Alternative dispute resolution: if the dispute is not resolved through the complaints procedure, the Contractor will, where required, provide details of a certified alternative dispute resolution (ADR) provider whose scheme the Customer may use to seek an independent resolution Use of ADR is voluntary and does not affect the Customer's right to take legal action.

(c)  Legal proceedings: nothing in this clause requires the Customer to submit any dispute to binding arbitration, and nothing in this clause limits the Customer's right to bring court proceedings at any time, subject to the governing law and jurisdiction provisions in clause 7..

Governing Law

7.8 The AugerShield Warranty shall be governed by and construed in accordance with the law of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales, subject to any rights the Customer may have under applicable consumer protection legislation

8.1 If the Customer discovers any occurrence or circumstance that may give rise to a claim under the AugerShield Warranty, the Customer should contact the Contractor as soon as reasonably practicable and in any event within 60 days of discovery.

8.2 Claims should be submitted to:

Auger Site Investigations Ltd

Auger House,

Cross Lane ,

Wallasey,

Wirral,

CH45 8RH

Email: admin@auger.co.uk | Tel: 0151 630 5886

8.3 When making a claim, the Customer should provide:

(a) The AugerShield Warranty reference number from the Certificate of Warranty;

(b) A written description of the Damage and the date it was first discovered;

(c) Photographs and any relevant documentation; and

(d) Confirmation that no remedial works have been carried out (unless in an emergency situation under clause 7.3(c)).

8.4 The Contractor will acknowledge all claims promptly, arrange an inspection within a reasonable period, and con rm in writing whether the claim is accepted or declined. Where a claim is declined, the Contractor will provide written reasons.

9.1 If the Customer is dissatisfied with how a claim has been handled or with any aspect of the AugerShield Warranty, the Customer should contact the Contractor in writing, quoting the AugerShield Warranty reference number.

9.2 The Contractor will acknowledge complaints within 48 working hours and will aim to provide a substantive response within 5 working days.

10.1 Nothing in the AugerShield Warranty Terms limits or excludes any rights the Customer may have under the Consumer Rights Act 2015 or any other applicable consumer protection legislation.