Summary & Cover

1. Introduction

1.1. The DrainShield Warranty is a warranty provided by Auger (“the Contractor”) covering latent defects in drainage and associated works carried out by the Contractor.

1.2. The warranty is only available to customers of the Contractor.

1.3. The benefit of the DrainShield Warranty is for property owners their mortgage lenders and subsequent owners.

2. Summary of Cover
The following sets out a summary of the cover provided by the DrainShield Warranty. It does not purport to give a comprehensive summary of the cover as this can be found in the DrainShield Warranty Terms set out later in this document. This summary does not form part of your DrainShield Warranty. The definition of the terms used in this document can be found in the DrainShield Warranty Terms and in the Key Definitions section.

Please refer to the warranty terms in this document for full details and information on the cover provided.

2.1. DrainShield Warranty provides the following cover

2.1.1. Damage occurring during the 10 year Warranty Period is the responsibility of the Contractor. Therefore the customer should notify the Contractor as soon as possible on becoming aware of such Damage within this period.

2.1.2. The Contractor will remedy claims discovered and notified to the Contractor during the 10 year Warranty Period in respect of the cost of complete or partial rebuilding or rectifying work to the Building Works which has been affected by Damage provided always that the liability of the Contractor does not exceed the reasonable cost of rebuilding the Building Works to the original specification and subject to the Limit of Liability and any other limitations contained in the Warranty Terms which are set out in this document.

3. Key Definitions

3.1. Building Works
The drainage and any other associated works carried out at the Premises under a contract or agreement between the Contractor and Customer or any other party who has entered into an agreement or contract for the Building Works and who is named in the Certificate of Warranty.

3.2. Certificate of Warranty
The Certificate issued by the Contractor to signify acceptance of the Building Works for the purposes of the DrainShield Warranty.

3.3. Contractor
The party with whom the DrainShield Warranty Customer or DrainShield Warranty holder or any other party has entered into an agreement or contract for the Building Works and who is named in the Certificate of Warranty.

3.4. Damage
Any Defect in the design, specification, workmanship, materials or components of the Building Works affecting or causing physical loss, destruction or damage and/or affecting or causing imminent instability to a Premises which is first discovered during the Warranty Period.

3.5. Defect
A failure to comply with the requirements of “The Drain Repair Book” (copies available from the Water Research Council plc, Franklands Road, Blagrove, Swindon, Wiltshire, SN5 8YF Tel 01793 865138) which gives rise to Damage. Failure to follow the performance standards or guidance supporting does not in itself amount to a Defect, as it may be possible to achieve the recommended performance in other ways.

4. Warranty Exclusions
The following exclusions apply to the warranty. You should refer to the Warranty Terms in this document for the full wording of the exclusions:-

• Alterations

• Changes in colour

• Consequential Loss

• Defects in Existing Works

• Maintenance & Use

• Personal Injury

• Prior Knowledge

• Premises not Insured

• Radioactive Contamination                  

• Reasonableness

• Sonic Bangs

• Special Perils

• Subsidence

• Trees

• Vermin

• War Risks

• Water Table

• Wear and Tear

• Wilful Acts

5. Financial Limits
The maximum the Contractor will pay is the value of the Building Works as per the invoice that is referred to in the Certificate of Warranty.

6. Complaints
The Contractor aims to provide you with a high level of customer service. Details of the Contractors complaints procedure will be provided by the Contractor on request.

7. Making a claim
The Contractor handles all claims fairly and promptly when negotiating and settling claims. To make a claim please contact:

Auger House, 14a Cross Lane, Leasowe, Wallasey, Merseyside, CH45 8RH

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

DRAINSHIELD WARRANTY TERMS AND DRAINSHIELD UK WARRANTY DOCUMENT

1. Information

1.1. The Customer is requested to read this warranty document and Certificate of Warranty. These are important documents. If any information is not clear please contact the Contractor.

This Policy consists of:-

• INFORMATION on the DrainShield Warranty;
  

• DEFINITIONS detailing all definitions applicable to the DrainShield Warranty.
  

• WARRANTY AGREEMENT giving precise details of the cover, as applicable, subject to variation by endorsement;
  

• EXCLUSIONS detailing exclusions that apply to the DrainShield Warranty.

• CONDITIONS defining the conditions that apply to the DrainShield Warranty.

• CLAIMS NOTIFICATIONS PROCEDURES detailing the procedures that should be followed when notifying a claim under the DrainShield Warranty.
  

• COMPLAINTS defining the Complaint procedure.

These terms set out the cover provided by the DrainShield Warranty.

This cover is subject to a number of definitions, conditions, exclusions and financial limits as detailed in these Terms.

The DrainShield Warranty is only available to customers of the Contractor. The Certificate of Warranty enclosed with the DrainShield Warranty details the extent of the Building Works.

The DrainShield Warranty does not provide cover for any legal liabilities that the Customer may have to third parties arising out of the use or ownership of the Drainage System.

The Contractor warrants the Building Works identified in the Certificate of Warranty as specified in this document for a period of 10 years with effect from the Completion Date of the Building Works.

The Limit of Liability for the DrainShield Warranty is the value of the Building Works as detailed on the invoice that is referred to in the Certificate of Warranty.

LAW APPLICABLE TO THIS POLICY

This policy shall be governed by and construed in all respects in accordance with English Law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

INTERPRETATION

Where any word or expression is a defined term in the Policy, then such word or expression shall, unless the content otherwise requires, have the same meaning wherever it appears.

NOTES:

1) For the DrainShield Warranty to be binding there should be a signed Certificate of Warranty. Please look carefully at the Certificate issued to ensure that the details have been correctly entered.

2) The DrainShield Warranty is transferable to future owners of the Premises provided that such owners contact the Contractor to notify their details. The Contractor reserves the right to charge a reasonable administration fee in relation to any notification of change of owner.

2. Definitions

2.1. Building Works
The drainage and any other associated works as described in the Certificate of Warranty carried out at the Premises under a contract or agreement between the Contractor and the Customer or any other party who has entered into an agreement or contract for the Building Works and who is named in the Certificate of Warranty.

2.2. Certificate of Warranty
The Certificate issued by the Contractor to signify acceptance of the Building Works for the DrainShield UK Warranty.

2.3. Damage
Any Defect in the design, specification, workmanship, materials or components of the Building Works affecting or causing physical loss, destruction or damage, which is first discovered during the Warranty Period subject to the Limit of Liability.

2.4. Defect
A failure to comply with the requirements of “The Drain Repair Book” (copies available from the Water Research Council plc, Frankland Road, Blagrove, Swindon, Wiltshire, SN5 8YF. Tel 01793 865000 which gives rise to Damage. Failure to follow the performance standards or guidance supporting does not in itself amount to a Defect as it may be possible to achieve the recommended performance in other ways.

2.5. Warranty Period
The 10 year period commencing from the Completion Date of the Building Works set out in the Certificate of Warranty during which the Contractor is responsible for any repairs or remedial works to the Building Works.

2.6. Limit of Liability
During the Warranty Period the liability of the Contractor shall not exceed the amount on the invoice that is referred to in the certificate as the Limit of Liability on the Certificate of Warranty. 


2.7. The Customer
The owner of the Premises which is the subject of this DrainShield UK Warranty, their successor in title and whose interest has been noted under the DrainShield UK Warranty excluding the Contractor, any relatives or associated companies of the Contractor.

3. Premises
The property described in the Certificate of Warranty where the Building Works were carried out.

4. Insurance Period

4.1. The Contractor will repair and remedy any claims discovered and notified to the Contractor during the Warranty Period in respect of the cost of complete and partial rebuilding or rectifying work to the Building Works which has been affected by Damage provided always that the liability of the Contractor does not exceed the reasonable cost of replacing the Building Works to its original specification and subject always to the Limit of Liability.

In the event of a claim under the DrainShield Warranty the Contractor has the option either of paying the cost of putting right any damage or itself arranging to have such Damage corrected.

4.2. The Contactor will also be responsible for:-

4.2.1. Such additional costs and expenses as are necessarily incurred by the Customer solely in order to comply with Building Regulations or Local Authority or other Statutory Provisions, provided that the Contractor shall not be liable for those costs that would have been payable by the Customer in the absence of the discovery of a valid claim under the DrainShield Warranty.

4.2.2. For the costs and expenses incurred by the Customer in respect of:-

• removal of debris; and/or
  

• dismantling or demolishing and/or

5. Exclusions
Applicable to all Sections

The Contractor shall not be liable to the Customer or any:-

5.1. Alterations
Loss or damage in the Building Works due to or arising from any alteration, modification or addition to the Premises after the issue of the Certificate of Warranty.

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

5.3. Consequential Loss
Consequential loss of any description except as expressly provided for in this DrainShield Warranty including but not limited to loss of enjoyment, loss of use, loss of income or business opportunity, diminution in value of the Premises, inconvenience or distress or any loss or cost incurred only indirectly as a result of the events that led to your claim.

5.4. Defects in existing works
Loss or damage due to or arising out of any defect in the design, specification, workmanship, materials or components of the drainage system which do not form part of the Building Works.

5.5. Maintenance and Use
Inadequate maintenance of Building Works or the imposition of any load greater than for which the Building Works were designed or the use of the Premises for any purpose other than that for which it was designed.

5.6. Personal Injury
Any costs, losses, expenses or damages or death, bodily injury, sickness, disease, illness, emotional distress or injury to mental health (including but not limited to psychiatric damage or shock) suffered by any person.

5.7. Prior knowledge
Anything which would constitute a valid claim under the DrainShield Warranty and about which the Customer was aware of prior to purchasing the Premises and as a consequence agreed a reduction in the purchase price for the Premises or other contractual remedy.

5.8. Property not covered
Loss or damage to paving, decking, gardens, driveways or any other associated works.

5.9. Reasonableness
In the event of a valid claim under the DrainShield 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.

5.10. Special Perils
Loss or damage caused by or consequent upon fire, lightning, explosion, typhoon, hurricane, cyclone, volcanic eruption, 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.

5.11. Subsidence
Loss or damage caused by or consequent upon subsidence, heave or landslip unless such loss or damage is as a result of a defect in the design, workmanship, materials or components of the Building Works.

5.12. Toxic Mould
Loss, damage or bodily injury arising out of any pathogenic organisms regardless of any other cause or event that contributed concurrently or in any sequence to that liability. Pathogenic, organisms means any bacteria, yeasts, mildew, viruses, fungi, mould or their spores, mycotoxins or other metabolic products.

5.13. Trees
Loss or damage due to or arising from trees planted after the completion of the Building Works that cause damage to the Premises during the Warranty Period.

5.14. Vermin
Loss or damage caused by or consequent upon the actions of rodents, vermin or insect infestation.

5.15. Water Table
Loss or damage resulting solely from a change in the water table level. This exclusion shall not however apply to any seasonable change in the water table level.

5.16. Wear and Tear
5.16.1. wear and tear;
5.16.2. normal dampness, condensation or shrinkage;
5.16.3. normal deterioration whether caused by neglect or otherwise.

5.17. Willful Acts
Any willful neglect or criminal act of the Customer or any other party.

6. Conditions

6.1. Arbitration
If any difference shall arise as to the amount to be paid under the DrainShield Warranty (liability being otherwise admitted) such difference shall be referred to an arbitrator to be appointed by the parties in accordance with the statutory provisions then in force. Any making of an award shall be a condition precedent to any right of action against the Contractor.

6.2. Contribution
If at any time of any occurrence giving rise to a claim under the DrainShield Warranty:

6.2.1. there is, or would but for the existence of the DrainShield Warranty be any other insurance applicable, or;

6.2.2. the Customer has entitlement to any statutory damages or compensation;

the DrainShield Warranty shall be limited to any amount in excess of such insurance, damages or compensation and shall not be called into contribution.

6.3. Fraud
If any claim under the DrainShield Warranty shall be in any respect fraudulent, or if any fraudulent means or devices are used by the Customer or anyone acting on its behalf, to obtain benefit under the DrainShield Warranty all benefit hereunder shall be forfeited.


6.4. Contractor’s Rights
In the event of any occurrence which may give rise to a claim under the DrainShield Warranty the Contractor and its agents shall, with the permission of the Contractor be entitled to enter the Premises in order to carry out rectification works or the complete or partial rebuilding of the Premises. If such permission is unreasonably withheld the Customer shall be responsible for any additional costs caused by the delay in carrying out such works.

6.5. Misrepresentation
The DrainShield Warranty will be void ab initio in the event of misrepresentation, misdescription, error, omission or non-disclosure by the Customer with intention to defraud.

6.6. Recoveries from third parties
The Contractor is entitled to and the Customer gives consent to the Contractor to control and settle any claim and to take proceedings at its own expense in the name of the customer to secure compensation from any third party in respect of any loss or damage covered by the DrainShield Warranty.

6.7. Third party rights
A person who is not a party to the DrainShield Warranty has no right under the Contracts (Rights of Third Parties) Act 1999 (“the Act”) to enforce any term of the DrainShield Warranty but this does not affect any right or remedy of a third party which exists or is available or apart from the Act.

For the purpose of this Condition any third party shall not be deemed to include the Contractor who is named in the Certificate of Warranty.

6.8. Reimbursement
If the Customer receives from any person any payments which has been refunded by the Contractor either in part or whole, the Customer shall reimburse the Contractor immediately in full for the amount of such payment.

7. CLAIMS PROCEDURE

Notification of a claim during the Warranty Period
On discovery of any occurrence or circumstance that is likely to give rise to a claim under the DrainShield Warranty during the Warranty Period the Customer shall as soon as reasonably possible:-

Give written notice to the Contractor at the address set out below:-

Auger
Auger House
14a Cross Lane
Leasowe
Wallasey
Merseyside
CH45 8RH

i) take all responsible steps to prevent further loss or damage;

ii) submit in writing full details of the claim and supply all correspondence, reports, plans, certificates, specifications, quantities, information and assistance as may be required.

8. COMPLAINTS AND NOTIFICATION
As a Customer you should address any complaints about the DrainShield Warranty to the Contractor and in any event within 60 days of the discovery of any occurrence or circumstance giving rise to a claim. Failure to do so will disentitle you from the benefit of the DrainShield Warranty.

In all cases the DrainShield Warranty number appearing in the Certificate of Warranty should be quoted.

Summary & Cover

Septic Tanks & Sewerage Treatment Plants

1. Introduction

1.1. The TankShield UK Warranty is a warranty provided by Auger (“the Contractor”) covering latent Defects, defective workmanship and materials in Septic Tanks, Sewerage Treatment Plants, drainage fields and associated works carried out by the Contractor, following repair or installation by them.

1.2. The warranty is only available to customers of Auger.

1.3. The benefit of the TankShield UK Warranty is for property owners and subsequent owners within the limitation of the warrantee.

1.4 The warranty will only provide cover once full payment has been received for the work.

2. Summary of Cover

The following sets out a summary of the cover provided by the TankShield UK Warranty. It does not purport to give a comprehensive summary of the cover as this can be found in the TankShield UK Warranty Terms set out later in this document. The definition of the terms used in this document can be found in the TankShield UK Warranty Terms and in the Key Definitions section.

2.1. TankShield UK Warranty provides the following cover

2.1.1. Damage caused by defective materials or installation occurring during the 3 year Warranty Period is the responsibility of the Contractor. Therefore, the customer should notify the Contractor as soon as possible on becoming aware of such Damage within this period. Any delay in notification could invalidate this warranty.

2.1.2. The Contractor will remedy claims discovered and notified to the Contractor during the 3 year Warranty Period in respect of the cost of complete or partial repair to the underground services which has been previously been repaired or installed by the contractor that has subsequently been affected by Damage, provided always that the liability of the Contractor does not exceed the reasonable cost of repair or installation to the original specification and subject to the Limit of Liability and any other limitations contained in the Warranty Terms which are set out in this document.

3. Key Definitions

3.1. Building Works

The drainage and any other associated works carried out at the Premises under a contract or agreement between Auger and Customer or any other party who has entered into an agreement or contract for the Building Works and who is named in the Certificate of Warranty.

3.2. Certificate of Warranty

The Certificate issued by Auger to signify acceptance of the Building Works for the purposes of the TankShield UK Warranty.

3.3. Contractor

The party with whom the TankShield UK Warranty Customer or TankShield UK Warranty holder or any other party has entered into an agreement or contract for the Building Works and who is named in the Certificate of Warranty.

3.4. Damage

Any Defect in the design, specification, workmanship, materials or components of the Building Works affecting or causing physical loss, destruction or damage and/or affecting or causing imminent instability to a Premises or Tank which is first discovered during the Warranty Period.

4. Warranty Exclusions

The following exclusions apply to the warranty. You should refer to the Warranty Terms in this document for the full wording of the exclusions:-

• Alterations Changes in colour

• Consequential Loss Defects in Existing Works

• Defects in existing works

• Maintenance & Use

• Personal Injury

• Prior knowledge

• Property not covered

• Reasonableness

• Special Perils

• Subsidence

• Toxic Mould

• Premises not Insured

• Subsidence

• Trees and root damage

• Vermin

• War Risks

• Water Table

• Wear and Tear (gradually operating cause)

• Wilful Acts or misuse

• Legal costs

• Accidental damage items covered under a standard buildings insurance policy

• Drainage Fields

5. Financial Limits

Augers warranty is on the basis that their contractor will be allowed to rectify any damage, or to limit the value of any claim to the value of the rectification work or the value of the original invoice that is referred to in the Certificate of Warranty, whichever is lower. The Limit of Warranty is indexed in line with the Indexation Clause in the TankShield UK Warranty.

6. Complaints

The Contractor aims to provide you with a high level of customer service. Details of the Contractors complaints procedure will be provided by the Contractor on request.

7. Making a claim

The Contractor agrees to handle all claims fairly and promptly when negotiating and settling claims. To make a claim please contact:

Phone: 0151 6305886.

Email: admin@auger.co.uk

Address: Auger House, 14a Cross Lane, Leasowe, Wallasey, Merseyside, CH45 8RH

TANKSHIELD UK WARRANTY TERMS AND CONDITIONS

1. Information

1.1. Please read this warranty document and Certificate of Warranty carefully. These are important documents. If any information is not clear please contact Auger. This Policy consists of:-

• INFORMATION on the TankShield UK Warranty;

• DEFINITIONS detailing all definitions applicable to the TankShield UK Warranty.

• WARRANTY AGREEMENT giving precise details of the cover, as applicable, subject to variation by endorsement;

• EXCLUSIONS detailing exclusions that apply to the TankShield UK Warranty.

• CONDITIONS defining the conditions that apply to the TankShield UK Warranty.

• CLAIMS NOTIFICATIONS PROCEDURES detailing the procedures that should be followed when notifying a claim under the TankShield UK Warranty.

• COMPLAINTS defining the Complaint procedure.

These terms set out the cover provided by the TankShield UK Warranty. This cover is subject to a number of definitions, conditions, exclusions and financial limits as detailed in these Terms.

The TankShield UK Warranty is only available to customers of the Contractor, or subsequent purchasers of the property and within the period specified. The Certificate of Warranty enclosed with the TankShield UK Warranty details the extent of the Building Works.

The TankShield UK Warranty does not provide cover for any legal liabilities that the Customer may have to third parties arising out of the use or ownership of the Drainage System, or any legal costs associated with the damage. (We recommend that you check your Building Insurance Policy to see if you have cover for legal expenses).

Auger warrants the Building Works identified in the Certificate of Warranty as specified in this document for a period of 3 years with effect from the Completion Date of the Building Works. The Limit of Liability for the TankShield UK Warranty is the original value of the Building Works as detailed on the invoice that is referred to in the Certificate of Warranty.

LAW APPLICABLE TO THIS POLICY

This policy shall be governed by and construed in all respects in accordance with English Law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

INTERPRETATION

Where any word or expression is a defined term in the Policy, then such word or expression shall, unless the content otherwise requires, have the same meaning wherever it appears.

NOTES:

1) For the TankShield UK Warranty to be binding there should be a signed Certificate of Warranty. Please look carefully at the Certificate issued to ensure that the details have been correctly entered.

2) The DrainShield UK Warranty is transferable to future owners of the Premises provided that such owners contact the Contractor to notify their details. The Contractor reserves the right to charge a reasonable administration fee in relation to any notification of change of owner.

2. Definitions

2.1. Building Works

The drainage and any other associated works as described in the Certificate of Warranty carried out at the Premises under a contract or agreement between Auger the Contractor and the Customer or any other party who has entered into an agreement or contract for the Building Works and who is named in the Certificate of Warranty.

2.2. Certificate of Warranty

The Certificate issued by Auger the Contractor to signify acceptance of the Building Works for the TankShield UK Warranty.

2.3. Damage

Any Defect in the design, specification, workmanship, materials or components of the Building Works affecting or causing physical loss, destruction or damage, which is first discovered during the Warranty Period subject to the Limit of Liability. Auger reserve the right to claim against the manufacture in the event of failure of the equipment/ plant due to latent defects covered under the manufacturers Warranty.

2.5. Warranty Period

The 3-year period commencing from the Completion Date of the Building Works set out in the Certificate of Warranty during which the Contractor is responsible for any repairs or remedial works to the Building Works.

2.6. Limit of Liability

During the Warranty Period the liability of the Contractor shall not exceed the amount on the invoice that is referred to in the certificate as the Limit of Liability on the Certificate of Warranty.

2.8. The Customer

The owner of the Premises which is the subject of this TankShield UK Warranty, their successor in title and whose interest has been noted under the TankShield UK Warranty excluding the Contractor, any relatives or associated companies of the Contractor.

3. Premises

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

4. Insurance Period

4.1. The Contractor will repair and remedy any claims discovered and notified to the Contractor during the Warranty Period in respect of the cost of complete and partial rebuilding or rectifying work to the underground services does not exceed the reasonable cost of replacing the Building Works to its original specification and subject always to the Limit of Liability. In the event of a claim under the TankShield UK Warranty the Contractor has the option either of paying the cost of putting right any damage or itself arranging to have such Damage corrected.

4.2. The Contactor will also be responsible for:-

4.2.1. Such additional costs and expenses as are necessarily incurred by the Customer solely in order to comply with Building Regulations or Local Authority or other Statutory Provisions, provided that the Contractor shall not be liable for those costs that would have been payable by the Customer in the absence of the discovery of a valid claim under the TankShield UK Warranty.

4.2.2. For the costs and expenses incurred by the Customer in respect of:-

• removal of debris; and/or

• dismantling or demolishing and/or

• shoring up the premises

5. Exclusions

Applicable to all Sections

The Contractor shall not be liable to the Customer or any:-

5.1. Alterations

Loss or damage in the Building Works due to or arising from any alteration, modification or addition to the Premises, drains, tanks or drainage fields after the issue of the Certificate of Warranty.

5.2. Change in Colour

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

5.3. Consequential Loss

Consequential loss of any description except as expressly provided for in this TankShield UK Warranty including but not limited to loss of enjoyment, loss of use, loss of income or business opportunity, diminution in value of the Premises, inconvenience or distress or any loss or cost incurred only indirectly as a result of the events that led to your claim.

5.4. Defects in existing works

Loss or damage due to or arising out of any defect in the design, specification, workmanship, materials or components of the drainage system which do not form part of the Building Works.

5.5. Maintenance and Use

Inadequate maintenance of the tank, Building Works or the imposition of any load greater than for which the Building Works were designed or the use of the Premises for any purpose other than that for which it was designed. For the avoidance of doubt the customer must comply with the manufacturers requirements in terms of use, tank emptying, maintenance and those of the Environment Agency Binding Rules. Tank emptying and maintenance records must be retained as required by the Environment Agency and must be made available when a claim is submitted. Any misuse of the system, inadequate emptying or lack of general maintenance will invalidate the Warranty.

Following installation and commissioning of the tank we also recommend that a suitably accredited local tank emptying company is used to empty the tank on a regular basis, and records should be maintained and made available at the time a claim is submitted.

5.6. Personal Injury

Any costs, losses, expenses or damages or death, bodily injury, sickness, disease, illness, emotional distress or injury to mental health (including but not limited to psychiatric damage or shock) suffered by any person.

5.7. Prior knowledge

Anything which would constitute a valid claim under the TankShield UK Warranty and about which the Customer was aware of prior to purchasing the Premises and as a consequence agreed a reduction in the purchase price for the Premises or other contractual remedy.

5.8. Property not covered

Loss or damage to paving, decking, gardens, driveways or any other associated works.

5.10. Reasonableness

In the event of a valid claim under the TankShield UK Warranty, Auger 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.

5.12. Special Perils

Loss or damage caused by or consequent upon fire, lightning, explosion, typhoon, hurricane, cyclone, volcanic eruption, earthquake, storm, tempest, flood, subterranean fire or other convulsion of nature, aircraft or other aerial devices or articles therefrom, malicious persons, theft, attempted theft impact or any accidental cause.

5.13. Subsidence

Loss or damage caused by or consequent upon subsidence, heave or landslip unless such loss or damage is as a result of a defect in the design, workmanship, materials or components of the Building Works.

5.14. Toxic Mould

Loss, damage or bodily injury arising out of any pathogenic organisms regardless of any other cause or event that contributed concurrently or in any sequence to that liability. Pathogenic, organisms means any bacteria, yeasts, mildew, viruses, fungi, mould or their spores, mycotoxins or other metabolic products.

5.15. Trees

Loss or damage due to or arising from trees planted after the completion of the Building Works or roots that cause damage to the Premises including drains or tanks during the Warranty Period.

5.16. Vermin

Loss or damage caused by or consequent upon the actions of rodents, vermin or insect infestation.

5.17. War Risks

Notwithstanding anything to the contrary contained herein this TankShield UK Warranty does not cover Loss or Damage directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority.

5.18. Water Table

Loss or damage or effects on serviceability or function resulting solely from a change in the water table level.

5.19. Wear and Tear

5.19.1. wear and tear or a gradually operating cause

5.19.2. normal dampness, condensation or shrinkage;

5.19.3. normal deterioration whether caused by neglect, misuse or otherwise.

5.20. Wilful Acts

Any wilful neglect or criminal act of the Customer or any other party.

5.21 Legal Costs

Any of the customers legal or professional costs unless expressly agreed by Auger in advance.

5.22 Accidental Damage

Accidental damage that would be covered under the terms of a standard perils Building Insurance Policy.

5.23 Drainage Field/Soakaway Arrangement

Repairs and replacement of drainage fields are excluded from the terms of the Warranty. Drainage fields will be installed to comply with current Building Regulations and comply with Environment Agency Binding Rules (SEPA in Scotland), including a percolation test drainage fields have a limited life span and factors such as ground water table levels, soil conditions, tank capacity, localised flooding, use of the tank and capacity all have an impact on the useful life. Notwithstanding this Auger agree to inspect any drainage field installed by them to investigate the cause of failure within 12 months of installation and if it is not functioning due to poor workmanship Auger will complete remedial works or make a financial contribution to the costs of any repairs up to the value of the original works.

6. Conditions

6.1. Arbitration

If any difference shall arise as to the amount to be paid under the TankShield UK Warranty (liability being otherwise admitted) such difference shall be referred to an arbitrator to be appointed by the parties in accordance with the statutory provisions then in force. Any making of an award shall be a condition precedent to any right of action against the Contractor.

6.2. Contribution

If at any time of any occurrence giving rise to a claim under the TankShield UK Warranty:

6.2.1. There is, or would but for the existence of the TankShield UK Warranty be any other

Insurance applicable, or;

6.2.2. The Customer has entitlement to any statutory damages or compensation; the TankShield UK Warranty shall be limited to any amount in excess of such insurance, damages or compensation and shall not be called into contribution.

6.3. Fraud

If any claim under the TankShield UK Warranty shall be in any respect fraudulent, or if any fraudulent means or devices are used by the Customer or anyone acting on its behalf, to obtain benefit under the TankShield UK Warranty all benefit hereunder shall be forfeited.

6.5. Contractor’s Rights

In the event of any occurrence which may give rise to a claim under the TankShield UK Warranty Auger and its agents shall, with the permission of the Contractor be entitled to enter the Premises in order to carry out rectification works or the complete or partial rebuilding of the Premises. If such permission is unreasonably withheld the Customer shall be responsible for any additional costs caused by the delay in carrying out such works.

6.6. Misrepresentation

The TankShield UK Warranty will be void ab initio in the event of misrepresentation, mis-description, error, omission or non-disclosure by the Customer with intention to defraud.

6.7. Recoveries from third parties

Auger is entitled to and the Customer gives consent to the Contractor to control and settle

any claim and to take proceedings at its own expense in the name of the customer to secure

compensation from any third party in respect of any loss or damage covered by the TankShield UK Warranty.

6.8. Third party rights

A person who is not a party to the TankShield UK Warranty has no right under the Contracts (Rights of Third Parties) Act 1999 (“the Act”) to enforce any term of the TankShield UK Warranty but this does not affect any right or remedy of a third party which exists or is available or apart from the Act. For the purpose of this Condition, any third party shall not be deemed to include the Contractor who is named in the Certificate of Warranty.

6.9. Reimbursement

If the Customer receives from any person any payments, which has been refunded by the Contractor either in part or whole, the Customer shall reimburse the Contractor immediately in full for the amount of such payment.

7. CLAIMS PROCEDURE

Notification of a claim during the Warranty Period

On discovery of any occurrence or circumstance that is likely to give rise to a claim under the TankShield UK Warranty during the Warranty Period the Customer shall as soon as reasonably possible and give written notice to the Contractor at the address set out below:-

Auger

Auger House

14a Cross Lane

Leasowe

Wallasey

Merseyside

CH45 8RH

i) Take all responsible steps to prevent further loss or damage;

ii) Submit in writing full details of the claim and supply all correspondence, reports, plans, certificates, specifications, quantities, information and assistance as may be required.

iii) Auger reserve the right to charge a reasonable inspection fee in order to investigate any claim, however this fee will be refunded if the claim made under the warranty proves to be valid. As part of the investigation Auger will also confirm if there is damage that should be referred to the customers insurer as part of the original or a new insurance claim.

8. COMPLAINTS AND NOTIFICATION

As a Customer you should address any complaints about the TankShield UK Warranty to Auger and in any event within 60 days of the discovery of any occurrence or circumstance giving rise to a claim. Failure to do so will disentitle you from the benefit of the TankShield UK Warranty.

In all cases the TankShield UK Warranty number appearing in the Certificate of Warranty should be quoted.

Summary & Cover

1. Introduction

1.1. The WaterShield Warranty is a warranty provided by Auger (“the Contractor”) covering latent defects in water and associated works carried out by the Contractor.

1.2. The warranty is only available to customers of Auger Site Investigations Limited 

1.3. The benefit of the WaterShield Warranty is for property owners their mortgage lenders and subsequent owners.

2. Summary of Cover
The following sets out a summary of the cover provided by the WaterShield Warranty. It does not purport to give a comprehensive summary of the cover as this can be found in the WaterShield Warranty Terms set out later in this document. This summary does not form part of your WaterShield Warranty. The definition of the terms used in this document can be found in the WaterShield Warranty Terms and in the Key Definitions section.

Please refer to the warranty terms in this document for full details and information on the cover provided.

2.1. WaterShield Warranty provides the following cover

2.1.1. Damage occurring during the 10 year Warranty Period is the responsibility of the Contractor. Therefore the customer should notify the Contractor as soon as possible on becoming aware of such Damage within this period.

2.1.2. The Contractor will remedy claims discovered and notified to the Contractor during the 10 year Warranty Period in respect of the cost of complete or partial rebuilding or rectifying work to the Building Works which has been affected by Damage provided always that the liability of the Contractor does not exceed the reasonable cost of rebuilding the Building Works to the original specification and subject to the Limit of Liability and any other limitations contained in the Warranty Terms which are set out in this document.

3. Key Definitions

3.1. Building Works
The water and any other associated works carried out at the Premises under a contract or agreement between the Contractor and Customer or any other party who has entered into an agreement or contract for the Building Works and who is named in the Certificate of Warranty.

3.2. Certificate of Warranty
The Certificate issued by the Contractor to signify acceptance of the Building Works for the purposes of the WaterShield Warranty.

3.3. Contractor
The party with whom the WaterShield Warranty Customer or WaterShield Warranty holder or any other party has entered into an agreement or contract for the Building Works and who is named in the Certificate of Warranty.

3.4. Damage
Any Defect in the design, specification, workmanship, materials or components of the Building Works affecting or causing physical loss, destruction or damage and/or affecting or causing imminent instability to a Premises which is first discovered during the Warranty Period.

3.5. Defect
A failure to comply with the requirements of “Water Supply Regulations” as defined by WRAS which gives rise to Damage.
Failure to follow the performance standards or guidance supporting does not in itself amount to a Defect, as it may be possible to achieve the recommended performance in other ways.

4. Warranty Exclusions

The following exclusions apply to the warranty. You should refer to the Warranty Terms in this document for the full wording of the exclusions:-

• Alterations

• Changes in colour

• Consequential Loss

• Defects in Existing Works

• Maintenance & Use

• Personal Injury

• Prior Knowledge

• Premises not Insured

• Radioactive Contamination     

• Reasonableness

• Sonic Bangs

• Special Perils

• Subsidence

• Trees

• Vermin

• War Risks

• Water Table

• Wear and Tear

• Wilful Acts

5. Financial Limits
The maximum Auger will pay is the value of the Building Works as per the invoice, paid for under your insurance claim, that is referred to in the Certificate of Warranty.

6. Complaints
The Contractor aims to provide you with a high level of customer service. Details of the Contractors complaints procedure will be provided by the Contractor on request.

7. Making a claim
The Contractor handles all claims fairly and promptly when negotiating and settling claims. To make a claim please contact:

Auger House, 14a Cross Lane, Leasowe, Wallasey, Merseyside, CH45 8RH

Telephone: 0151 630 5886
Email: Admin@auger.co.uk

WATERSHIELD WARRANTY TERMS AND WATERSHIELD WARRANTY
DOCUMENT

1. Information

1.1. The Customer is requested to read this warranty document and Certificate of Warranty. These are important documents. If any information is not clear please contact the Contractor.

This Policy consists of:-

• INFORMATION on Auger's WaterShield Warranty;

• DEFINITIONS detailing all definitions applicable to the WaterShield Warranty.
  

• WARRANTY AGREEMENT giving precise details of the cover, as applicable, subject to variation by endorsement;
  

• EXCLUSIONS detailing exclusions that apply to the WaterShield Warranty.

• CONDITIONS defining the conditions that apply to the WaterShield Warranty.
  

• CLAIMS NOTIFICATIONS PROCEDURES detailing the procedures that should be followed when notifying Auger of a claim under the WaterShield Warranty.

COMPLAINTS defining the Complaint procedure.

These terms set out the cover provided by Auger for their WaterShield Warranty.

This cover is subject to a number of definitions, conditions, exclusions and financial limits as detailed in these Terms.

The WaterShield  Warranty is only available to customers of Auger. The Certificate of Warranty enclosed with the WaterShield Warranty details the extent of the Building Works.

The WaterShield Warranty does not provide cover for any legal liabilities that the Customer may have to third parties arising out of the use or ownership of the water supply.

Auger warrants the Building Works identified in the Certificate of Warranty as specified in this document for a period of 10 years with effect from the Completion Date of the Building Works.

The Limit of Liability for the WaterShield Warranty is the value of the Building Works as detailed on the invoice to your insurer that is referred to in the Certificate of Warranty.

LAW APPLICABLE TO THIS WARRANTY 
This warranty shall be governed by and construed in all respects in accordance with English Law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

INTERPRETATION
Where any word or expression is a defined term in the warranty, then such word or expression shall, unless the content otherwise requires, have the same meaning wherever it appears.

NOTES:
1) For the WaterShield Warranty to be binding there should be a signed Certificate of Warranty. Please look carefully at the Certificate issued to ensure that the details have been correctly entered.

2) The WaterShield Warranty is transferable to future owners of the Premises provided that such owners contact the Contractor to notify their details. The Contractor reserves the right to charge a reasonable administration fee in relation to any notification of change of owner.

2. Definitions

2.1. Building Works
The water and any other associated works as described in the Certificate of Warranty carried out at the Premises under a contract or agreement between the Contractor and the Customer or any other party who has entered into an agreement or contract for the Building Works and who is named in the Certificate of Warranty.

2.2. Certificate of Warranty
The Certificate issued by the Contractor to signify acceptance of the Building Works for the WaterShield Warranty.

2.3. Damage
Any Defect in the design, specification, workmanship, materials or components of the Building Works affecting or causing physical loss, destruction or damage, which is first discovered during the Warranty Period subject to the Limit of Liability.

2.4. Defect
A failure to comply with the requirements of “Water Supply Regulations” as defined by WRAS which gives rise to Damage. Failure to follow the performance standards or guidance supporting does not in itself amount to a Defect as it may be possible to achieve the recommended performance in other ways.

2.5. Warranty Period
The 10 year period commencing from the Completion Date of the Building Works set out in the Certificate of Warranty during which the Contractor is responsible for any repairs or remedial works to the Building Works.

2.6. The Customer
The owner of the Premises which is the subject of this WaterShield Warranty, their successor in title and whose interest has been noted under the WaterShield Warranty excluding the Contractor, any relatives or associated companies of the Contractor.

3. Premises
The property described in the Certificate of Warranty where the Building Works were carried out.

4. Warranty Period

4.1. The Contractor will repair and remedy any claims discovered and notified to the Contractor during the Warranty Period in respect of the cost of complete and partial rebuilding or rectifying work to the Building Works which has been affected by Damage provided always that the liability of the Contractor does not exceed the reasonable cost of replacing the Building Works to its original specification and subject always to the Limit of Liability, being the original invoice value.

In the event of a claim under the WaterShield Warranty the Contractor has the option either of paying the cost of putting right any damage or itself arranging to have such Damage corrected.

4.2. The Contactor will also be responsible for:-

4.2.1. Such additional costs and expenses as are necessarily incurred by the Customer solely in order to comply with Building Regulations or Local Authority or other Statutory Provisions, provided that the Contractor shall not be liable for those costs that would have been payable by the Customer in the absence of the discovery of a valid claim under the WaterShield Warranty.

4.2.2. For the costs and expenses incurred by the Customer in respect of:-

• removal of debris; and/or

• dismantling or demolishing and/or replacement parts or materials 

5. Exclusions
Applicable to all Sections

The Contractor shall not be liable to the Customer or any:-

5.1. Alterations
Loss or damage in the Building Works due to or arising from any alteration, modification or addition to the Premises after the issue of the Certificate of Warranty.

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

5.3. Consequential Loss
Consequential loss of any description except as expressly provided for in this WaterShield Warranty including but not limited to loss of enjoyment, loss of use, loss of income or business opportunity, diminution in value of the Premises, inconvenience or distress or any loss or cost incurred only indirectly as a result of the events that led to your claim.

5.4. Defects in existing works
Loss or damage due to or arising out of any defect in the design, specification, workmanship, materials or components of the water supply which do not form part of the Building Works.

5.5. Maintenance and Use
Inadequate maintenance of Building Works or the imposition of any load greater than for which the Building Works were designed or the use of the Premises for any purpose other than that for which it was designed.

5.6. Personal Injury
Any costs, losses, expenses or damages or death, bodily injury, sickness, disease, illness, emotional distress or injury to mental health (including but not limited to psychiatric damage or shock) suffered by any person.

5.7. Prior knowledge
Anything which would constitute a valid claim under the WaterShield Warranty and about which the Customer was aware of prior to purchasing the Premises and as a consequence agreed a reduction in the purchase price for the Premises or other contractual remedy.

5.8. Property not covered
Loss or damage to paving, decking, gardens, driveways or any other associated works. No warranty is offered for matching surfaces. 


5.9. Reasonableness
In the event of a valid claim under the WaterShield 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.

5.10. Special Perils
Loss or damage caused by or consequent upon fire, lightning, explosion, typhoon, hurricane, cyclone, volcanic eruption, 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.

5.11. Subsidence
Loss or damage caused by or consequent upon subsidence, heave or landslip unless such loss or damage is as a result of a defect in the design, workmanship, materials or components of the Building Works.

5.12. Toxic Mould
Loss, damage or bodily injury arising out of any pathogenic organisms regardless of any other cause or event that contributed concurrently or in any sequence to that liability. Pathogenic, organisms means any bacteria, yeasts, mildew, viruses, fungi, mould or their spores, mycotoxins or other metabolic products.

5.13. Trees
Loss or damage due to or arising from trees planted after the completion of the Building Works that cause damage to the Premises during the Warranty Period.

5.14. Vermin
Loss or damage caused by or consequent upon the actions of rodents, vermin or insect infestation.

5.15. War Risks
Notwithstanding anything to the contrary contained herein this WaterShield Warranty does not cover Loss or Damage directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority.

5.16. Water Table
Loss or damage resulting solely from a change in the water table level. This exclusion shall not however apply to any seasonable change in the water table level.

5.17. Wear and Tear
5.17.1. wear and tear;
5.17.2. normal dampness, condensation or shrinkage;
5.17.3. normal deterioration whether caused by neglect or otherwise.

5.18. Willful Acts
Any willful neglect or criminal act of the Customer or any other party.

6. Conditions

6.1. Arbitration
If any difference shall arise as to the amount to be paid under the WaterShield Warranty (liability being otherwise admitted) such difference shall be referred to an arbitrator to be appointed by the parties in accordance with the statutory provisions then in force. Any making of an award shall be a condition precedent to any right of action against the Contractor.

6.2. Contribution
If at any time of any occurrence giving rise to a claim under the WaterShield Warranty:

6.2.1. there is, or would but for the existence of the WaterShield Warranty be any other insurance applicable, or;
6.2.2. the Customer has entitlement to any statutory damages or compensation;

the WaterShield Warranty shall be limited to any amount in excess of such insurance, damages or compensation and shall not be called into contribution.

6.3. Fraud
If any claim under the WaterShield Warranty shall be in any respect fraudulent, or if any fraudulent means or devices are used by the Customer or anyone acting on its behalf, to obtain benefit under the WaterShield Warranty all benefit hereunder shall be forfeited.

6.4. Contractor’s Rights
In the event of any occurrence which may give rise to a claim under the WaterShield Warranty the Contractor and its agents shall, with the permission of the Contractor be entitled to enter the Premises in order to carry out rectification works or the complete or partial rebuilding of the Premises. If such permission is unreasonably withheld the Customer shall be responsible for any additional costs caused by the delay in carrying out such works.

6.5. Misrepresentation
The WaterShield Warranty will be void ab initio in the event of misrepresentation, misdescription, error, omission or non-disclosure by the Customer with intention to defraud.

6.6. Recoveries from third parties
The Contractor is entitled to and the Customer gives consent to the Contractor to control and settle any claim and to take proceedings at its own expense in the name of the customer to secure compensation from any third party in respect of any loss or damage covered by the WaterShield Warranty.

6.7. Third party rights
A person who is not a party to the WaterShield Warranty has no right under the Contracts (Rights of Third Parties) Act 1999 (“the Act”) to enforce any term of the WaterShield Warranty but this does not affect any right or remedy of a third party which exists or is available or apart from the Act.

For the purpose of this Condition any third party shall not be deemed to include the Contractor who is named in the Certificate of Warranty.

6.8. Reimbursement
If the Customer receives from any person any payments which has been refunded by the Contractor either in part or whole, the Customer shall reimburse the Contractor immediately in full for the amount of such payment.

7. CLAIMS PROCEDURE

Notification of a claim during the Warranty Period
On discovery of any occurrence or circumstance that is likely to give rise to a claim under the WaterShield Warranty during the Warranty Period the Customer shall as soon as reasonably possible:-

Give written notice to the Contractor at the address set out below:-

Auger
Auger House
14a Cross Lane
Leasowe
Wallasey
Merseyside
CH45 8RH

i) take all responsible steps to prevent further loss or damage;
ii) submit in writing full details of the claim and supply all correspondence, reports, plans, certificates, specifications, quantities, information and assistance as may be required.

8. COMPLAINTS AND NOTIFICATION
As a Customer you should address any complaints about the WaterShield Warranty to the Contractor and in any event within 60 days of the discovery of any occurrence or circumstance giving rise to a claim. Failure to do so will disentitle you from the benefit of the WaterShield Warranty.

In all cases the WaterShield Warranty number appearing in the Certificate of Warranty should be quoted.