Terms and Conditions

1 Scope

These General Terms and Conditions apply to all services, quotations, inspections, and contractual relationships between Duoworks Ltd, trading under the brand name “WaterHawk Cyprus” (hereinafter the “Contractor”) and the Client.

By commissioning services, accepting a quotation, or granting permission for the Contractor to commence work, the Client accepts these GTC.

Any conflicting terms of the Client shall not apply unless expressly agreed in writing.

2 Services

The Contractor provides, among others, the following services:

Moisture and damage diagnostics
Leak detection
Thermal imaging
Mold inspection and sampling
Pre-Purchase Inspections
Consultancy and, where required, drying measures

All services are provided on the basis of the conditions visible and accessible at the time of measurement.

3 Nature of the Work

Inspections are generally carried out on a non-destructive basis unless otherwise agreed.

Results are based on:

• accessible areas
• visible conditions
• measurements taken at the time of the inspection
• information provided by the Client

4 Limitations of the Results

The Client acknowledges that:

• hidden defects may be present
• sources of moisture are not always fully identifiable
• building structures and materials may influence the results

All results represent a professional assessment based on the conditions at the time of measurement and do not constitute a guaranteed finding.

Specifically regarding leak detection:

Pinpoint localisation cannot be guaranteed. Water may travel through capillary action, gradients, or building structures, causing visible damage at locations distant from the actual leak source.

Leak detection is performed using industry-standard indicative methods (e.g. thermal imaging, moisture measurement, tracer gas, endoscopy) and constitutes a best-effort service, not a guaranteed outcome.

The agreed fee is payable even if the leak cannot be conclusively located.

5 Client’s Obligations

The Client shall:

• grant access to all relevant areas
• disclose any known damage, previous problems, or renovations
• ensure suitable conditions for the inspection

Failure to provide complete or accurate information may affect the results and excludes any corresponding liability of the Contractor.

6 Reports

Reports issued by the Contractor represent a technical assessment based on industry-standard methods and measurement procedures.

They serve as information and decision-making support for the Client and:

• are based on the conditions observed at the time of measurement
• reflect a professional assessment of the situation at that specific point in time
• do not guarantee the complete identification of all underlying causes

Reports do not constitute court-admissible expert opinions.

The preparation of such expert opinions is not part of the Contractor’s service offering.

For use in legal proceedings, an officially appointed and sworn expert witness must be commissioned separately.

7 Further Investigations / Opening of Components

Should further investigations be required during the inspection or as a result of the findings, including the opening of components, this shall be agreed separately with the Client.

Such measures may be necessary to examine conditions that cannot be assessed non-destructively.

Destructive or invasive work is not included in the original scope of services and requires separate authorisation as well as an agreement on costs.

If the Client refuses recommended further investigations, the Contractor shall not be liable for incomplete or inconclusive results arising from this restriction.

8 Drying and Restoration Measures

8.1 General Principle

For drying and restoration services, results depend on environmental conditions, material behaviour, and the cooperation of the Client.

Full restoration cannot be guaranteed in all cases.

8.2 Operating Instructions as Part of the Contract

The Client receives a written Operating & Behaviour Instruction document upon installation of the equipment, which becomes part of these GTC.

By signing the acknowledgement of receipt, the Client confirms that the instructions have been received and understood.

8.3 Client’s Obligations When Operating Equipment

The Client undertakes to operate the equipment in accordance with the instructions, in particular:

• not to move, cover, or switch off the equipment independently (except within the permitted scope)
• to keep windows and doors generally closed; short emergency ventilation (1–2 minutes) is permitted only at room temperatures above 30 °C, in case of strong odours, or in comparable exceptional situations, preferably during the early morning hours
• an existing air-conditioning unit may be operated for temperature regulation in recirculation/cooling mode only; the fresh-air / ventilation mode is not permitted during drying
• to ensure power supply at all times
• to notify the Contractor immediately of any malfunctions, power outages, or unusual occurrences

8.4 Additional Costs in Case of Violations

Any additional costs arising from violations of the operating instructions (extended drying time, additional site visits, secondary drying, consequential damages such as mold growth) shall be borne by the Client.

The Contractor accepts no liability for damages resulting from improper use of the equipment.

8.5 Power Supply

The provision of an adequate and functional power supply at the installation location of the drying equipment is the responsibility of the Client.

This includes in particular:

• properly fused circuits with sufficient load capacity
• functional, earthed sockets within reach
• continuous power supply throughout the entire drying period

If, before or during the drying process, it becomes apparent that the existing electrical installation is not adequately dimensioned (e.g. frequent tripping of fuses, unsuitable sockets, missing earthing, damaged wiring), the Client is obliged to have the necessary measures carried out at their own expense by a licensed electrical contractor.

Such electrical work is not included in the drying price and is neither carried out nor commissioned by the Contractor.

Delays caused by inadequate power supply or the subsequent commissioning of electrical contractors shall be borne by the Client; the Contractor is entitled to invoice resulting additional costs (additional travel, standby times, extended equipment rental) separately.

The Contractor accepts no liability for damage to the Client’s electrical installation resulting from undersizing or defective workmanship that existed prior to the commencement of the measures.

8.6 Electricity Costs

Electricity costs for the operation of the drying equipment shall be borne by the Client.

In case of insurance claims, the Contractor recommends documenting the electricity meter reading before and after the drying process – reimbursement is handled through the insurance company.

Upon request, the Contractor calculates and reports the electricity consumption of the drying measure (derived from operating time and equipment power rating) separately.

8.7 Protection of Sensitive Materials

The Client is responsible for protecting sensitive materials (furniture, wood, surfaces, works of art) and must inform the Contractor of such items before the measures begin.

8.8 Ownership of Equipment

The drying equipment remains the property of the Contractor and is provided on a loan basis only.

The Client is liable for damage or loss caused by improper handling.

8.9 Scope of Performance

The performance result refers to the screed structure or building component construction from the lower edge of the insulation upwards.

The preservation of floor coverings (tiles, parquet, vinyl, laminate, etc.) cannot be guaranteed.

Cracking in the screed and/or in the surface flooring during the drying phase may occur and is not subject to warranty.

8.10 Prerequisite for Performance Success

The performance result can only be achieved if the cause of the damage has been remedied.

This also applies to damages occurring during the ongoing drying process.

If the cause persists at the time of drying (e.g. an ongoing leak), the drying is suspended until remediation; any resulting additional costs shall be borne by the Client.

8.11 Drying Scope

The performance result is achieved when the agreed areas are dried to the material-specific equilibrium moisture content (residential moisture level).

Drying to a level suitable for laying new floor coverings (“ready-to-lay”) is not part of the standard agreement and must be commissioned separately.

The readiness of the dried floor and wall surfaces for subsequent installation must be verified by the executing follow-up trade on their own responsibility.

8.12 Wood and Insulation

No warranty can be assumed for wooden structures and wooden furniture regarding deformation, swelling or shrinkage cracks, or discolouration.

The preservation of the properties of thermal and impact-sound insulation cannot be guaranteed.

8.13 Drying Obstruction

In the event of drying obstructions for which the Client is responsible (e.g. failure to empty water tanks, switched-off drying equipment, opened windows, additional water damage, denied access), the drying measure shall be deemed completed and invoiced based on the work performed up to that point.

8.14 Lead Time

For the commencement of drying measures, the Contractor requires a lead time of at least 3 working days.

Shorter-notice deployments are possible subject to availability and may incur an express surcharge.

8.15 Documentation

Standard prices for drying measures do not include extensive documentation.

Measurement and progress protocols, detailed reports, photo documentation, or insurance-grade compilations must be requested separately in writing and are charged according to effort.

8.16 Acceptance

Upon completion of the drying process, a final measurement is carried out, the results of which are documented in an acceptance protocol.

By signing the acceptance protocol, the Client confirms that the service appears to have been properly rendered.

Hidden defects remain unaffected by this acceptance.

9 Use of Subcontractors

The Contractor is entitled to engage qualified subcontractors or third parties insofar as this is necessary for the provision of services.

The Contractor remains responsible for proper coordination.

10 Prices and Quotations

All prices are exclusive of statutory VAT unless otherwise stated.

VAT is calculated in accordance with applicable Cypriot regulations and shown separately on the invoice.

Quotations are non-binding and valid for 14 days.

Any additional work will be invoiced separately.

11 Hourly Rates and Additional Effort

11.1 Hourly Work

Unless otherwise agreed in writing, the Contractor charges an hourly rate of EUR 70.00/h (excl. VAT) for hourly work performed within regular working hours.

11.2 Regular Working Hours

Monday to Friday, 07:00 – 18:00, maximum 8 hours/day and 40 hours/week.

11.3 Surcharges

For work performed outside of regular working hours or beyond the stated hours, the following surcharges on the hourly rate apply:

• weekdays until 20:00: + 25 %
• night work (20:00 – 07:00): + 30 %
• Saturdays: + 25 %
• Sundays: + 50 %
• Cyprus public holidays: + 150 %

11.4 Travel and Travel Time

In the event of work interruptions or delays for which the Contractor is not responsible, the costs incurred for travel and travel time shall be invoiced separately.

11.5 Waiting Times and Additional Work

Waiting times caused by site conditions as well as additional work shall be invoiced at the applicable hourly rate.

Equipment costs, service technician, travel time, travel kilometres, and project follow-up are invoiced based on actual effort.

12 Payment Terms

12.1 Private Clients

Payment is due immediately upon completion of the work on-site and without deduction.

Payment by cash, card, or instant bank transfer.

12.2 Business Clients

For business clients, payment is due within 14 days net from the invoice date, unless otherwise agreed in writing.

12.3 Advance Payments

The Contractor reserves the right to request advance payments for larger projects.

These are due immediately upon receipt of the invoice.

12.4 Default

In the event of payment default, the Contractor is entitled to withhold further services or the delivery of reports.

Cypriot statutory default interest shall apply.

13 Liability

The Contractor is liable in cases of intent and gross negligence.

In cases of slight negligence, liability is limited to foreseeable and contract-typical damages.

In all cases of slight negligence, the Contractor’s liability shall be limited in amount to the contract value, but in no case shall exceed EUR [amount to be determined] per case of damage.

This limitation does not apply to damages resulting from injury to life, body, or health, or in cases of mandatory statutory liability.

No liability is accepted for:

• indirect or consequential damages
• financial losses (e.g. loss of rent, business interruption)
• hidden defects that were not apparent during the inspection
• changes in circumstances occurring after the date of the inspection
• restrictions due to inaccessible areas or missing information

14 Data Protection

Personal data is processed exclusively for the purpose of fulfilling the contract and in accordance with applicable data protection laws (in particular the GDPR).

A detailed privacy policy is available on the Contractor’s website (www.waterhawk-cyprus.com).

The Client has the right to information, correction, deletion, and restriction of the processing of their data.

Where subcontractors are engaged for the provision of services, data processing is carried out under a data processing agreement pursuant to Art. 28 GDPR.

15 Applicable Law and Jurisdiction

All legal relationships are governed by the laws of the Republic of Cyprus.

The place of jurisdiction is Paphos, Cyprus, to the extent permitted by law.

16 Severability Clause

Should any provision of these GTC be or become invalid, the remaining provisions shall remain unaffected.

The invalid provision shall be replaced by one that comes closest to the economic purpose of the invalid provision.