FlooringFirst! Terms & Conditions of Service
- TERMS OF CONTRACT
- VALUE ADDED TAX (VAT)
- PAYMENTS, SURCHARGES & LATE PAYMENTS
- CLAIMS & LOSES
- SUPPLEMENTARY TERMS
- SERVICE GUARANTEE - OBLIGATIONS & LIMITATIONS
- OUR INSURANCE - YOUR PEACE OF MIND
- WORKS UNDER CIS
1.1. Terms and Conditions Definitions:
- “The Company”, “We”, “Us” - is in regards to "Trades Centre Ltd" T/A FlooringFirst! registered at Unit 3, 158 Coles Green Road, London, NW2 7HW.
- “Floor Fitter”, “Floor man”, “Operative”, "Specialist" - means the person/group of people carrying out wood floor sanding, maintenance or wood floor fitting 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 for which the service has been booked.
- “Service” - means the services carried out by FlooringFirst!
1.2. Unless the context requires otherwise, a 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! 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 once the Quotation is accepted and booked, including placing an order for the 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 in excess of 5% will be discussed with the Client prior to the start of the work and a new quotation will follow if required to cover the differences.
3.5. All quotes are confirmed in writing after a viewing of the floors unless otherwise agreed with the Client.
3.6. Some floor defects, repairs or additional work that is needed, may not be visible during the site visit. These can often be seen only once the sanding commences, and/or carpets, underlay, existing flooring, building equipment are removed or the subfloor level is assessed to be not good for installation once the area is cleared from furniture/floor coverings. FlooringFirst! reserves the right to amend the quotation under these circumstances.
3.7. Moisture issues related to the subfloor and surrounding walls not visible or not disclosed during our survey visit are also excluded from the quotation.
3.8. FlooringFirst! can take and store images from the Client's property save from any personal details for the purpose of proper valuation of works, to highlight existing problems and as has rights to use it as a part of before and after gallery on FlooringFist!'s website. FlooringFirst! reserves the right to use these images in any Court proceedings regardless of purpose.
3.9. FlooringFirst! reserves the right to amend quotations not booked within 60 days of provision.
3.10. All quotation provided by the Company includes a reference to the complete contents of these Terms & Conditions.
4.1. All FlooringFirst! service quotes are inclusive of VAT unless otherwise specified 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 of any remaining unpaid balance on the completion of the works. Payments are accepted in cash, cheque, bank transfer or by debit/credit card. 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 register for collection by CCJ any payments not received within a maximum of - 30 days for Businesses and 14 days for Residential clients.
6.6. FlooringFirst! reserves the right to cancel any contract and back charge for completed services, to adjust the balance according to standard rate(s), if any false or misleading information was provided, which has resulted in a discount on 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.
6.8. Payment for flooring, underlays, thresholds and other required materials and mouldings are required at the time of booking of service, the stock is only released on cleared funds. Any current discounts & offers will be applied to the final invoice. Please pre-book your flooring in advance, as availability is subject to current stock.
6.9 Unless otherwise agreed a deposit payment is required before starting the project. The deposit payment is not refundable if the Client decides to cancel the project after operatives arrived on site. The Company shall not be obliged to begin the work until the deposit has been paid.
6.10. In the case of breach of contractual terms between FlooringFirst and The Client by The Client agreeing or receiving additional services without being approved by FlooringFirst all sums quoted are immediately due. FlooringFirst reserves the right to terminate any ongoing works.
7.1. The Client can cancel the scheduled service by giving prior notice of at least TWO working days before the service. If the notice is less than TWO working days, a cancellation fee of £200.00 shall apply.
7.2. The Company reserves the right to apply an amendment fee of £200.00 for rescheduling/postponing works if the notice is given less than two working days of providing the service.
7.3. If our operative(s) arrive at the Client’s address and are unable to gain access or start work for a reason within the Client's control, i.e. moving of furniture is required which has not been agreed or there are obstacles or another building work going on at the moment, a cancellation fee of £250.00 shall apply.
7.4. The Company reserves the right to cancel any works if the Client is disrespectful or abusive towards any member of our staff.
7.5. If the Client cancels a service that is already ongoing without being approved by the Company, then full payment for the services is due to the Company.
7.6. FlooringFirst! reserves the right to terminate any ongoing works in the case of breach of contractual terms between FlooringFirst and The Client by The Client refusing to agree on further charges for additional services without being quoted for or approved by FlooringFirst!.
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 requesting 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.
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 damage to 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, other building contractors obstructing the performance of service and moving furniture that has not been agreed with the Company;
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 a 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 accidentally 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. The client is also required to disclose any pipes positioning under the floor which they are aware of.
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 will record all incoming and outgoing phone conversations for quality control, record keeping and back-referral for any inquiries or investigations.
11.12 The Company shall not be held liable for any damage that arises while our operatives move the furniture and/or appliances.
11.13 The Company shall not be held liable for any damages or cracks on walls or ceilings, that arise caused by the vibrations of our tools and machines.
11.14 Our Operatives take exceptional care to protect the skirting boards, doors and walls. However, the Company shall not be held liable for any damages or chips on skirting boards, doors and walls caused by our tools and machines. Existing beadings is best to be replaced - no liability will be accepted for damages if the Client does not replace the beadings.
11.15 FlooringFirst! shall not be responsible if the supplied reclaimed flooring or slivers for repairs or gap filling is not an exact match to the Clients flooring.
11.16 FlooringFirst! shall not be responsible if some parts of the flooring or stairs have been painted before the restoration and the result is not uniform and there is a difference in the colour.
11.17 FlooringFirst! shall not be responsible for damages to engineered flooring with insufficient top-layer. Our operatives will always take exceptional care in restoring engineered floors, however, sometimes these floors have been sanded before and the remaining top-layer is very thin.
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 pickup 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. Lift and dispose of existing flooring/ carpets, underlays, grippers, tiles, wooden floors or laminates/ is not included in the quotation, unless specifically stated. The quotation excludes the clearing of debris created by tradesmen or building work unless otherwise stated. Our operatives will clear and dispose of all rubbish created during the works.
12.5. The Client is responsible to ensure that the areas are completely empty of furniture and/or appliances unless previously agreed with the Company and included in the Quotation. If our specialists move the furniture at their discretion due to Health and Safety, they will not move the furniture back, because of the drying of the floor sealer.
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.
12.11 The Client has to ensure that there are no other trades working or walking in the area where our operatives work. Failure to ensure this will result in time delays and additional charges.
12.12 The Client agrees to pay with the final invoice all parking, congestion and ULEZ charges incurred during the works. These charges are usually not included in the quotation.
12.13 The Client agrees that the Company has the right to take photos during the site visits and the works for marketing purposes and legal disputes - free from any personal details. The Company owns the copyright.
13. SERVICE GUARANTEE - OBLIGATIONS & LIMITATIONS
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.
13.1. Our Service Guarantee comes with a free on-site inspection following a complaint raised after our wood floor restoration or wood floor installation services. Please note, sometimes more than one visit may be required to allow inspections by manufacturers or suppliers to identify correctly the nature of the fault.
13.2. Our Service Guarantee covers Labour and Materials in event of faults, caused by improper use of products or preparation of the wood floor installation.
13.3. Our wood floor installation service comes with 2 years guarantee and our wood floor restoration 3 months guarantee - please refer to 13.5 Exemptions & Limitations.
13.4. The Company reserves the right to apply limitation on its Service Guarantee for wood floor restoration service, on floors not laid originally by the Company.
13.5. Exemptions & Limitation of Service Guarantee:
- Service Guarantee cannot be provided for services not paid in full on completion, as per the final invoice(s).
- Does not cover damage made by third party service; leaks or damp caused by faulty appliance; increased air humidity or increased subfloor moisture levels, which have appeared after the wood floor installation.
- Does not cover floor installation in areas with humidity issues and high moisture levels.
- Does not cover gaps on parquet flooring as a result of increased humidity levels, unstable environment, where there is a previous history of large gaps appearing on the floor, subfloor structural or moisture issues.
- Does not cover squeaks or issues arising from the subfloor, where the subfloor preparation was not part of the quote provided.
- Does not cover works on floor coverings, which are at the end of their usability term. This includes engineered wooden floors with reduced thickness of the top layer.
- Our Service Guarantee does not cover any additional work agreed with an operative on-site except within the Quotation received by the Client without being approved by FlooringFirst in writing.
- The Service Guarantee will be void if the Client enters in additional work agreement regardless of the type of work with an Operative of Flooring First without written approval.
- Our Service Guarantee for laminate flooring & LVT flooring is limited to the guarantee provided by the manufacturer of the product. We will only cover service and material faults for accessories within 3 months of installation.
- Excludes gap filling with resin filler* on original pine floorboards, or any other boards without click or tongue & groove fitting system.
* Please note, while working on the surface of your floors during restoration/repairs, we endeavour to make every effort for refitting/fixing, before proceeding with the gap filling, it is in fact the solidness of the floorboards, their remaining 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 Public Liability Insurance, Employers Liability Insurance and Treatment Risk Insurance for private dwellings, offices, shops, restaurants and hospitals.
15. WORKS UNDER CIS
15.1. To book a service, contractors working under CIS should raise a Purchase Order received by email or hardcopy.
15.2. Payments are received against CIS Pro-Forma invoice produced by Flooring Centre Ltd, and Invoice will be sent upon receiving of CIS Statement.
15.3. Payments must be received within a maximum of 30 days from sending a pro-forma invoice.
15.4. If CIS Statement is not received within 45 days of invoicing, the balance between the Standard Invoice and CIS Invoice will be automatically registered for collection by CCJ, as per 6. Late Payments
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.