TERMS & CONDITIONS
1.1 In the Terms and Conditions, following definitions apply:
"The Company" shall mean "Floor Sanding Experts Ltd"
"Workers" – shall mean the managers, staff and workers appointed by the Company to carry out the work to
be provided by the Company under the relevant contract (to also include any contractors
and/or subcontractors appointed by the Company in relation to the work and/or any part of the work)
"Client" – means the person, company, corporate entity, partnership or other legal entity whom or
which contracts with the Company, for the Company to provide the relevant work
"Premises" – shall mean the premises where the work under the relevant contract is to be carried out.
"the Contract" shall mean the relevant contract under which the Company is to provide the relevant work
"the Work" shall mean the work to be undertaken or provided by the Company under the Contract
1.2. Unless the context requires otherwise, reference to the singular shall include the plural and references to the
masculine shall include the feminine and neuter genders and vice versa.
1.3. The Headings contained in these Terms and Conditions are for convenience
only and do not affect their interpretation.
1.4 Reference to any legislation shall include such legislation as amended or re-enacted from
time to time, and whether before or after the date of formation of the relevant contract.
2. THE CONTRACT
2.1. These terms and conditions shall be incorporated into the Contract.
2.2. These terms and conditions may only be amended or varied if such amendment
or variation shall be agreed or confirmed by the Company in writing.
2.3. The Client agrees that placing an order for work
shall constitute the Client`s acceptance of these terms and conditions, which
shall be incorporated into the Contract.
2.4. Unless otherwise agreed in writing by the Company, these terms and conditions
shall prevail over any terms of business or purchase conditions put forward by the Client.
2.5 It is agreed and declared that the Company shall not be obliged under the
Contract to carry out any work act or matter which shall be unlawful- and it is
agreed that this condition shall prevail over anything which may be otherwise
agreed between the Company and the Client.
3.1. The Company habitually uses metric measurements or national average room
sizes when calculating quotations over the telephone or by other remote method.
Any telephone or other remote quotations are to be used only as a guide lines
for customers – and not as final prices. Final prices are on quotations sent to
the Client in writing by email, fax or post
after a Premises inspection has been carried out and after approval to
the price by an authorised person from the Company.
3.2. Wood floor restoration services are charged per linear 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 refinishing,
therefore the Company may decide to charge at rates tailored higher to the ones
published on its website, discussed over the telephone or discussed verbally at
any estimation meeting, or contained within the Companys advertising literature
3.3. The Company reserves the right to amend the quotation, should the Client
amend or vary its requirements.
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. In such case the Company shall be entitled to increase the price of the
work by such amount as may be just and reasonable
3.5. All telephone quotes will be subject to reassessment after a viewing of
the floors at the Premises.
3.6. The company reserves the right to amend a quotation not accepted within 90 days.
3.7. The Company has a minimal charge of £400.00 (before VAT) for any project.
3.8 Whenever the Company is called to carry out an inspection of a finished project, where
the Client has stated a problem which is caused naturally (expansion or
shrinking of the timber due to the weather conditions, humidity etc,), or
accidentally by the Client or a third party, a call-out charge of £100.00
(before VAT) will be made.
3.8 The quotation (unless otherwise stated) excludes
the clearing of waste material and/or debris created by the work.
4.1. All prices are subject to VAT at relevant rates – 20% as at the date of
preparation of these terms and conditions.
5.1. Unless otherwise agreed or specified to the contrary in the quotation, the
Company shall provide all products, tools and equipment reasonably required to
carry out the work.
5.2. The Client shall provide adequate and
accessible supplies of running water and electricity at the Premises to enable
the work to be carried out.
3. Sanding machinery requires 240v in ready supply.
The Client shall ensure that their power supply at the Premises can provide
this level of electric power.
6. PAYMENT, PRICE AND EXTRAS
6.1. Payments are accepted in cash, cheque or bank transfer. All cheques should
be made payable to Floor Sanding Experts Ltd. The method of payment and the
ratio between deposit and final payment are as set out in the quotation. A
cheque payment shall be a conditional payment, and shall be subject to
clearance on presentation of the relevance cheque.
6.2. Unless otherwise agreed or stated to the
contrary in the quotation, 30% deposit payment is due on the day of starting the
project. The deposit payment is not refundable if the Client decides to cancel
a project after any Workers have arrived on site. The Company shall not be
obliged to commence and/or continue work at the Premises unless and until the
deposit has been paid, and in this regard payment by cheque shall be deemed to
be a conditional payment as stated above.
6.3 Unless otherwise agreed or unless stated to the
contrary in the quotation, the remaining payment of 70% plus the cost of any
extra or additional work requested, or of any variations requested, shall be
due on completion day. The Client must make payment before the Workers leave
6.4. The Company reserves the right to charge statutory financial penalties as
well as interest on amounts unpaid as provided by the Late Payment of
Commercial Debts (Interest Act) 1998 and/or under any other relevant legislation .
6.5. All bank charges incurred due to a Client`s cheque being returned unpaid will be passed to the Client.
6.6 The Company reserves the right to stop work and/or cease to continue work and
remove the Workers from the Premises, if any payment due is wholly or
partly unpaid and/or continues to remain unpaid.
6.7 The Company reserves the right to stop work
and/or to cease to continue work and to remove the Workers from the Premises,
in the event that the Client is subject to any insolvency procedure, (to
include but not be limited to the appointment of an administrator and/or an
administrative receiver, the presentation of a bankruptcy and/or winding up
petition. and the proposing of an arrangement with its general creditors.) The
Company shall also be entitled in such circumstances by service of notice in
wiring upon the Client and/or upon a relevant insolvency office holder, to
terminate the Contract.
6.8. The Company reserves the right to amend the
price of the Contract by such amount as may be just and equitable if the price
has been computed upon a misrepresentation made by or on behalf of the Client.
6.9 The Client will pay a reasonable price for any extra work and/or for any variation
to the work outside the scope of the Contract, which the Company and/or the Workers are asked to undertake at the Premises by
the Client or by any manager of the Client or other person representing the Client at the Premises.
6.10. The Company’s work does not come within the Construction Industry Scheme (CIS).
7. WORK ISSUES
7.1. Repairs and Existing Damage and other related issues
7.1.1 Minor repairs (such as fixing down loose floor boards, filling
of cracks, etc.) will be made as necessary to make good and even out the floor
surface unless otherwise instructed by the Client. Substructure repairs and/or
any major repairs (including nailing down all nails or screws) will only be
made after instruction by Client and shall in such case be chargeable to
the Client as an extra;
7.1.2. The Company reserves the right to charge a reasonable sum as
an extra in respect of any work which it undertakes at the request of the
Client and which was not readily apparent from the Company’s pre contract
inspection(s) of the Premises upon which their quotation was based. An example
is unforeseen work required to areas which are covered over with carpets or
other floor coverings or to areas which are hidden by furniture or other
7.1.3. The colour and quality of reclaimed timber shall be in accordance with market availability;
7.1.4. Due to nature of wood reclaimed timber cannot be guaranteed to be
the same colour and shade as existing ones.
7.1.5 The Company shall have no responsibility in
respect of existing damage to Clients property in the form of old
stains/burns/spillages etc. which cannot be cleaned and/or removed completely
by the Workers by use of industry standard methods.
7.1.6 The Company 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 arising prior to the start
of the work.
7.1.7. The Company shall not be responsible for any
odours arising during and/or after the work where this is due to factors such
as, lack of ventilation, and/or appropriate heating.
7.1.8 The Company shall not be responsible for any
damage caused as a result of placing furniture by the Client on the floor,
earlier than 12 hours following the time of application of the last coat of
varnish / oiling / waxing on the floor
7.2. Gap Filling
7.2.1. Due to the natural movement of the wood (expansion or shrinking due
to weather conditions, or when heating or other pipes are located directly
under the floor) or exposure to extreme humidity or traffic
load, resin filling cannot be guaranteed and the Company is
not responsible if the resin should fail at any time due to such reasons
7.2.2. When a slivers gap fill method is used, we cannot guarantee
that the slivers (even though produced from reclaimed timber) used to fill the
gaps can be exact match to the existing floor – every piece of wood is unique,
therefore it might vary in colour or shade.
7.3. The Floor Sanding Process
7.3.1. It is the Client’s responsibility to ensure rooms are completely
empty of furniture and persons at the start of work. All effects that might be
damaged by the process of sanding or from dust (books, paintings, etc.) should
be removed from the work areas. A furniture removal service is available as an
extra, and please ask the Company if this is required;
7.3.2. If rooms are not left empty, the Company cannot be held liable for
any damage that occurs due to the moving of furniture, and/or guarantee a
completely uniform finish;
7.3.3. We recommend that floors are completed as the final part of a
7.3.4. Our sanding process is materially (estimated at 95-97%) dust-free.
Small amounts of fine dust will however be produced. Where we have to use hand
sanders (such as upon stairs, small landings, corner areas, etc.) or make
repairs this may increase the amount of dust produced by the work;
7.3.5. Although reasonable care will be exercised by the Company, due to
nature of machine work, decoration and skirting may be liable to marking. The
Company cannot be held responsible for this nor the cost of redecoration of the skirting boards;
7.3.6. Stairs sanding includes sanding/sealing of flats and risers only.
Sides, poles and handrails will be treated as an extra if not specifically
provided for by the quotation.
7.4.1. All colour samples are a small representation, and there will
be slight colour or shade variation when applied over a larger area.
7.4.2. Once colour stain has been agreed, verbally or otherwise, any
changes after the staining process has been started will be chargeable as an
7.4.3. It is the Client’s responsibility to check colour at moment
of application if a true representation is required. Any recoloring will be
chargeable as an extra.
7.4.4]. Due to nature of stain application technique, skirting may
be marked during colouring. The Company cannot be held liable for any marking
or redecoration required as a result.
7.4.5. Complete uniformity is not always possible when colouring and
finishing a floor by hand.
7.5. Sealing & Maintenance
7.5.1. The Company provides three coats of lacquer or two coats of
oil/hard wax (depending on the Client’s choice) as standard. Additional coats
are available at extra cost;
7.5.2. Whilst the Company will exercise reasonable skill and care, hand
applied seals may not show complete uniformity. Recoating at the Client’s
request will be chargeable as an extra;
7.5.3. Seal longevity is dependent on traffic conditions/usage and upon
standard of maintenance implemented by the Client;
7.5.4. All floor seals are designed for "wear resistance" and not
"impact". The impact resistance depends on the density of the wooden floor
itself, but can be increased by using High Traffic sealants. Such sealants will
be charged as an extra if not included within the quotation;
7.5.5 We recommend maintaining floor with professional maintenance
products only (such as Bona or Osmo);
7.5.6. Professional maintenance programmes are available to be provided by
the Company as an extra. Please ask if this is required;
7.5.7. Lacquers are generally touch dry in 1-2 hours, oils – in 6-8 hours
(the duration of drying time may vary depending on the manufacturer and the
weather conditions). It is the Client’s responsibility to make arrangements as
necessary so as to avoid contact or other interference with seals during curing time;
7.5.8. Lacquers require 3 days curing time and should be protected whilst
curing (and in particular not exposed to
heavy foot traffic or being covered by anything like plastic sheets,
rugs or any floor covers);
7.5.9. Floors should not be covered, nor furniture replaced, until curing
process is complete. The Company cannot be held liable for marking to
floors after job is complete and once accepted by the Client;
7.5.10. It is not the responsibility of the Company to protect
floors after completion of work on site;
7.5.11. The Company reserves the right at its reasonable discretion to
change the job specification on site as may be reasonably necessary in order to
provide the most appropriate or suitable finish for the floor.
Hours of Work
7.6 Where possible, hours of work will be 8am-6pm, Monday to Sunday.
However, due to the nature of sealing process, staff may have to make site
visits at any time.
Rubbish Removal and disposal
7.7.1. Rubbish (including but not limited to saw dust produced
in the process of sanding the floors at the Premises, removed damaged and
replaced floor boards and timber pieces, carpets, floor covers and underlay’s
etc.), removal is NOT included in work price unless otherwise stated.
To arrange for remove the same the Company will make an extra charge;
7.7.2 The Company does not itself provide the service of rubbish disposal.
8 CANCELLATION AND ACCESS
8.1. The Client may postpone the start date of any work by giving at least 48 hours prior written notice to the Company.
8.2. The Company reserves the right to charge of £100.00 in the event that the
start date of the work is postponed by the Client pursuant to Clause 8.1 above.
8.3. The Client will provide reasonable access to
the Workers to the Premises and will (in so far as the Client may grant the
same) provide reasonable loading/unloading facilities and also reasonable
routes for the transportation of any plant, equipment and materials to relevant working areas
8.4 If the Client requests keys to be collected by the Company from another site a reasonable distance away from the Premises then a £10.00 charge will apply. The charge will cover only the pickup 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. The Company may charge a reasonable sum of
more than £10 if the address where the keys are to be picked up from or to be returned is located some distance away from the Premises.
8.5 To assist, the Workers may in their discretion move small items of furniture on site. Such
assistance may however not be provided including upon considerations of Health and Safety of the Workers.
Furniture requiring more than one person to move ill not be moved by the Workers.
8.6 The Client shall be responsible for ensuring that where reasonably required or
necessary a representative of the Client with relevant authority will be present on the Site during the carrying out of the work.
9 COMPLAINTS PROCEDURE
9.1. Any complaints should be made or confirmed to the Company in writing.
9.2. The Company will investigate any complaint and attempt to resolve the matter to the satisfaction of the Client.
9.3. The Client agrees to allow the Company to return to site and to remedy at
the Company’s own cost and expense any defects or other remedial work which the
Client may advise to the Company, and which the Company decides to undertake
(which will be without any acceptance any legal responsibility on its part).
10. TIME FOR COMPETION OF WORK
10.1 Any time or date provided for the completion of the work shall be an estimate only
and the only obligation of the Company is to use it reasonable endeavours to
complete the work within any estimated time or date of completion.
10.2 The Company shall not have any responsibility
if the work is delayed and/or completed late due to any circumstances beyond
the Company’s reasonable control, such as (but not limited to) inclement weather, staff sickness, default on the part
of any subcontractor, transport disruption, non delivery or non availability
and/or disruption of supply of material or other required items, the breakdown of any plant or equipment, or
power cuts or the failure of the power or water supply at the Premises.
10.3 Without prejudice to Clause 10.2, the Company
shall not be liable to pay any compensation in the event of the start date of
the work requiring to be rescheduled due to any circumstances beyond the
Company’s reasonable control.
10.4 The Company shall also have no liability to
pay compensation in the event of any Workers arriving late at the Premises. The
Company will instruct the Workers to arrive on time but sometimes due to
transport related and other problems which are beyond the Company`s control,
the Workers may arrive with a delay.
11. EXCLUSION /LIMITATION OF LIABILITY
11.1 The Company shall not be responsible for any indirect or consequential loss and/or for any loss of
profits on the part of the Client resulting from any breach of contract on the part of the Company.
11.2 Without prejudice to clause 11.1 above, the liability of the Company for any breach of contract shall be limited to 2 x the price to
be paid by the Client for the relevant work to be carried out under the Contract
11.3 The limitation of liability under Clauses 11.1 and 11.2 above shall not apply to
any liability for which it is not legally possible for the Company to contract
out of, to include in respect of any claims for personal injury and/or for fraud.
11.4. Whilst the Company will make every effort not to break items, accidents
do happen. Identical replacement may not be possible. For this specific reason,
the Company requests all irreplaceable fragile or valuable items be safely stored
away from relevant work areas. The Company does not accept responsibility for
any accidental damage to such items which are not so removed from the work area.
11.5. Without prejudice to clause 11.5 above, in case of any damage to Client`s property, the Client agrees to permit the
Company (if the Company shall so require)( and without any acceptance of any liability on the part of the Company) at
its own cost and expense to repair or replace the property (replacement to be with a reasonable
substitute), and the Client will provide reasonable access for this purpose.
11.6 The Company shall not be liable for not a satisfactory result from the work
due to the Client, third party or any animals walking on freshly sealed floors.
11.7. Without prejudice to the other exclusions, the Company shall not be
liable for any accidental damage to any items of property worth £50.00 or less.
11.8 Without prejudice to the other exclusions, the Company shall not be responsible for any accidental damage to the Premises
which shall cost less than £75 to remedy.
11.9. The Company shall not be liable for accidently punching or nailing a
water or gas pipe, whose location was not reasonably known to the Workers
11.10 Each sub-clause in this condition 11 shall be separate and independent from each
other. In the event that any sub clause shall be declared invalid by a Court of competent jurisdiction this shall not affect the operation of any other sub clause of this condition 11.
12. The Company reserves the right to record all
incoming and outgoing phone conversations for quality control, record keeping
and back-referral for any inquiries or investigations
13. SUPPLEMENTARY TERMS
13.1. 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
13.2. The Company 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, and will be posted
upon the terms and conditions contained
upon the Company’s website.
13.3 All notices under the Contract are to be made
or confirmed in writing. Notices may be served upon the last known home or
business address of the party to be served. Notices may be served by post,
e-mail, webmail, fax, or by any other reasonable method. Notices served by post
(which are not returned by the post office) shall be deemed to have been served
in the ordinary course of post, which in case of a United Kingdom address shall
be 2 working days after the date of posting.
14. OUR INSURANCE – YOUR PEACE OF MIND
14.1. Any work undertaken by the Company is covered by a Public Liability
Insurance and Employers Liability Insurance.
15. CHOICE OF LAW
16.1 The Contract shall be governed and construed in accordance with English
Law and any dispute shall be subject to the non exclusive jurisdiction of the