FlooringFirst! Terms & Conditions of Service
TERMS OF CONTRACT
VALUE ADDED TAX (VAT)
PAYMENTS, SURCHARGES & LATE PAYMENTS
CLAIMS & LOSES
SERVICE GUARANTEE - OBLIGATIONS & LIMITATIONS
OUR INSURANCE - YOUR PEACE OF MIND
1.1. Terms and Conditions Definitions:
“The Company”, “We”, “Us” - is in regards to "Flooring Centre Ltd" T/A FlooringFirst! registered at Unit 3, 158 Coles Green Road, London, NW2 7HW.
“Floor Fitter”, “Floor man”, “Operator” - means the person/group of people carrying out floor restoration, maintenance or floor fitting services on behalf of FlooringFirst!
“Client” - means the person, company or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 to whom the maintenance services are supplied by FlooringFirst!
“Client’s Address” – means the address which the service has been booked for.
“Service” - means the services carried out by FlooringFirst!
1.2. Unless the context requires otherwise, reference to the singular include the plural and references to the masculine include the feminine and vice versa.
1.3. The Headings contained in FlooringFirst! Terms and Conditions are for convenience only and do not affect their interpretation.
2.1. These Terms and Conditions represent a contract between FlooringFirst! Ltd. and the Client.
2.2. Both parties shall ensure that their respective responsibilities under this agreement are undertaken in compliance with all statutory regulations and codes of conduct.
2.3. The Client agrees that any use of FlooringFirst’s services, including placing an order for services over the telephone, fax, email, website forms shall constitute the Client’s acceptance of these Terms and Conditions.
2.4. Unless otherwise agreed in writing by a director of the Company, these Terms & Conditions shall prevail over any other Terms of Business or Purchase Conditions put forward by the Client.
2.5. No variation or alteration of these Terms & Conditions shall be valid unless approved in writing by a director of the Company.
3.1. FlooringFirst! uses either metric measurements or national average room sizes when calculating quotations over the telephone.
3.2. Wood floor installation
or floor restoration services
are charged per square meter taking into account the type and the state of the floors / subfloors. Some flooring materials and flooring details may require more time and resources for refinishing, therefore the Company may decide to charge at rates tailored higher to the ones published on our website or advertising materials.
3.3. FlooringFirst! reserves the right to amend the initial quotation, should the Client's original requirements change.
3.4. Differences in measurements of the actual size and the ones quoted, with an excess of 5% will be discussed with the Client prior to the start of the work.
3.5. All quotes are confirmed in writing after a viewing of the floors, unless otherwise agreed with Client.
3.6. FlooringFirst! reserves the right to amend quotation not booked within 60 days of provision.
3.7. All quotation provided by the Company include a reference to the complete contents of these Terms & Conditions.
4.1. All FlooringFirst! prices are subject to VAT and usually quoted as a final price, inclusive of Vat, unless stated on the Quotation provided.
5.1. FlooringFirst! shall provide all supplies, products, maintenance or restoration equipment required to carry out the service, except such (if any) agreed in the Quotation provided.
5.2. The Client must provide running water and electricity at the premises where the service takes place.
6. PAYMENTS, SURCHARGES & LATE PAYMENTS
6.1. Unless otherwise agreed in writing by the company immediate payment on the completion of the works. Payments are accepted in cash, cheque, bank transfer or by debit / credit card. For credit card payments FlooringFirst! reserves the right to apply 2.3% surcharge for bank transaction processing fee. All cheques should be made payable to FlooringFirst! Services.
6.2. Although greatly appreciated and a powerful way to say ‘Thank you’, the Client understands that tipping is not required.
6.3. FlooringFirst! reserves the right to charge interest on invoiced amounts unpaid for more than 30 days at the rate of 8% per annum above the Bank of England base rate from the due date until the date of actual payment under the Late Payments Act.
6.4. FlooringFirst! reserves the right to charge the relevant administrative fee, plus any solicitors’ fees, in addition to the balance due, incurred for any account we must refer for collection or subject to a court dispute.
6.5 All bank charges incurred due to a Client’s cheque being returned unpaid will be passed to the Client at a flat rate of £30.00 per cheque.
6.6. FlooringFirst! reserves the right to cancel any contract and back charge additional for past services to reflect the balance of the standard rate(s) if any misleading or false information was used to obtain discounted services.
6.7. The rates of payment by FlooringFirst! shall stay as agreed on the quotation provided between the Company and the Client, or their representative. The Client shall make no reduction or retention from the invoice unless agreed between the Company and the Client.
7.1. The Client can cancel the scheduled service by giving prior notice of at least ONE day before the service.
7.2. The Company reserves the right to apply amendment fee of £10.00 for rescheduling works, if the notice is given on the day of providing the service.
7.3.1 Our operative(s) arrive at the Client’s address and are unable to gain access to the Client’s home, through no fault of the Company. If keys are provided they must open all locks without any special efforts or skills;
7.4. If the Client needs to change a day or time of their booking, the Company will do its best to accommodate the request free of charge, if it is not made at the same day of providing the flooring service.
8.1. No refund claims will be entertained once the service has been carried out, unless it has been considered as an approved claim (see Section 10).
8.2. Refund will be issued only if an operative has not been able to carry out the works due to reasons beyond the Client’s responsibility.
8.3. Requests for refunds may be considered for granting after following the procedure for filing a complaint (see Section 9).
9.1. All flooring services
shall be deemed to have been carried out to the Client's satisfaction unless written notice is received by the Company with details of the complaint.
9.2. All complaints must be received in writing by post, fax or email no later than 48 hours after the completion of the service.
9.3. The Company will fully investigate any complaint and attempt to resolve the matter to the satisfaction of the Client, as part of the Company's Service Guarantee.
9.3. The Client should allow the Company to return and redo any disputed issue(s) before looking for an alternative way of resolving the issues or request proceedings from the Company towards compensation and refunds.
10. CLAIMS & LOSES
10.1. FlooringFirst’s Public Liability Insurance (see below) will cover damages caused by an operative working on behalf of the Company. All claims are subject to an excess of £50.00.
10.2. FlooringFirst! may require entry to the location of the claim within 24 hours to correct the problem.
10.3. While FlooringFirst! operatives make every effort not to break items, accidents do happen. Identical replacement is always attempted but not guaranteed. For this specific reason, FlooringFirst! requests all irreplaceable items (whether monetarily or sentimentally valuable) be stored away and /or not cleaned by the operatives.
10.4. In case of a damage of a Client's property, FlooringFirst! will repair the item at its cost. If the item cannot be repaired the Company will rectify the problem by crediting the customer with the item's present actual cash value towards a like replacement from a FlooringFirst’s source upon payment of the services rendered.
11.1. FlooringFirst! shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential), which may be suffered or incurred by the Client arising from or in any way connected with:
11.2. For its failure to carry out its services as a result of factors that are beyond its control. Factors beyond its control include acts of god, floods, severe weather conditions, and inability to gain access to premises, lack of appropriate resources, such as water, electricity, and lighting;
11.3. For late arrival of Company operatives at the service address. The Company endeavours to be right on time on any visit but sometimes due to transport related and other problems which are beyond the Company’s control, the Company operative’s may arrive with a delay or the visit may be re-scheduled.
11.4. An existing damage to Clients property in the form of old stains/burns/spillages etc. which cannot be cleaned/removed completely by the operative using the industry standard methods;
11.5. FlooringFirst! shall not be liable for not satisfactory result from the service due to the Client, third party or home pets walking on recently sealed floors.
11.6. FlooringFirst! shall not be liable for any damages worth £50.00 or less.
11.7. FlooringFirst! shall not be liable for accidently punching or nailing a water or gas pipe, which have not been installed according to the national / corgi regulations for piping. The company shall ensure that the Client is verbally informed of this and a written confirmation prior to proceeding with the service will be required; any issues arising subsequently shall be the sole responsibility of the Client.
11.8. FlooringFirst! shall not be responsible for a poor result in cleaning or restoration where this is a result of considerable wear and tear and/or excessive damage of the floor.
11.9. FlooringFirst! shall not be responsible for any odours arising during and/or after the service when this is due to factors such as, lack of ventilation, and/or appropriate heating.
11.10. FlooringFirst! shall not be responsible for any damage caused as a result of placing furniture by the Client on the floor, earlier than 12 hours since the application of the last coat of varnish / oiling / waxing on the floor.
11.11. We record all incoming and outgoing phone conversations for quality control, record keeping and back-referral for any inquiries or investigations.
12. SUPPLEMENTARY TERMS
12.1. If the Client requests keys to be collected by the FlooringFirst’s operatives from an address outside the postal code of the Client’s address then a £10.00 charge will apply. The charge will cover only the pick up of keys. If said keys need to be returned back to the pick up address or any other address another charge of £10.00 will apply.
12.2. If any estimates of how long it will take the operatives to do the job required are being provided, that is only an estimate based on the average time it takes for such service from our previous experience and of similar size to the Client's; it's being difficult to estimate precisely how long it may take due to specific obstacles and that a degree of flexibility may be required.
12.3. The Client understands that the price he has been quoted is not for a "package deal" and does not include anything apart from services included in the quote.
12.4. The quotation exclude the clearing of debris created by tradesman or building work unless otherwise stated.
12.5. Our operators are happy to move furniture. Due to Health and Safety regulations the cleaner will attempt to move only furniture that requires no more than one person.
12.6. FlooringFirst! shall arrange an immediate replacement should an operative cannot attend a scheduled visit, and will inform the Client prior to the visit.
12.7. All fragile and highly breakable items must be secured or removed.
12.8. The Client shall ensure that all valuables are stored away when work is carried out and that the property is supervised by the Client or his representative at all times during the course of the work. FlooringFirst! shall not be responsible for the Clients failure to comply with this obligation.
12.9. The provisions of this contract are not intended to confer any benefit upon Third parties and the provisions of the Contracts (Rights of Third Parties) Act 1999, are hereby expressly excluded from this agreement.
12.10. FlooringFirst! reserves the right to make any changes to any part of these Terms and Conditions without giving any prior notice. We may add to or alter these Terms and Conditions from time to time and any alterations or additions will apply to new business but not to existing contracts. Please refer to your copy of these Terms and Conditions.
13. SERVICE GUARANTEE - OBLIGATIONS & LIMITATIONS
13.1. We have built our business and reputation by providing our clients with quality wood floor fitting, wood floor sanding
and maintenance service. Still, we realise, that sometimes mistakes may occur. For this reason, we offer our own Service Guarantee
13.2. Our Service Guarantee includes a free inspection of any issues raised with our wood floor restoration
or wood floor installation
services. Investigation may be required as well by manufacturers and suppliers.
13.3. Our Service Guarantee includes Labour and Materials, including the actual flooring in the case of improper use of products or planning during wood floor installation.
13.4. The Company reserves the right to apply limitations on its Service Guarantee on wood floor restoration, not laid originally by the Company.
13.5. Exemptions & Limitation of Our Service Guarantee:
Damage by a third party service or faulty appliance causing leak(s), increased air humidity or increased subfloor moisture levels, which have appeared after the wood floor installation.
Issues with floating wood floor installations, where the subfloor preparation was not part of the quote provided.
Working on floor coverings, which are at the end of their usability term, including engineered wood floors with significant wearing of its natural wood top layer.
Gap filling with resin filler during restorarion of boards without click or tongue & groove fitting system.
Please note, while working on the surface of your floors during restoration / repairs and endeavour to make every effort for refitting / fixing, before proceeding with the gap filling, it is in fact the solidness of the floor boards, their remaning thickness and the condition of their support (joists) that will defy the durability of the gap filling, not the quality of the products used or the service provided.
14. OUR INSURANCE - YOUR PEACE OF MIND
14.1. Any work undertaken by FlooringFirst! is covered by a Public Liability Insurance, Employers Liability Insurance and Treatment Risk Insurance for private dwellings, offices, shops, restaurants and hospitals.
15. REFERRAL CREDIT
15.1. Every Client of the Company will receive a one-time credit of £30.00 for referring our floor restoration services to another Client. Credit will be issued after we receive cleared funds from the new Client.
16.1 These Terms are governed by the laws of England and Wales, and are subject to the exclusive jurisdiction of the Courts of England, and Wales.