FlooringFirst! Terms & Conditions of Service
- DEFINITIONS
- TERMS OF CONTRACT
- QUOTATIONS
- VALUE ADDED TAX (VAT)
- EQUIPMENT
- PAYMENTS, SURCHARGES & LATE PAYMENTS
- CANCELLATION
- REFUNDS
- COMPLAINTS
- CLAIMS & LOSES
- LIABILITY
- SUPPLEMENTARY TERMS
- SERVICE GUARANTEE - OBLIGATIONS & LIMITATIONS
- OUR INSURANCE - YOUR PEACE OF MIND
- WORKS UNDER CIS
- LAW
1. DEFINITIONS
This section specified commonly used terms throughout these Terms and Conditions:
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!
- "Force Majeure" - means event that is beyound Company's control, like natural disaster or weather event, break down of equipment, infrastructure failirues, staff health issues or any similar by nature cause.
- "Reasonable Time" - a time required for comunicating or completing project. For notifications about issues usually maximum of 3-5 working days, for project completion not exidingthan double the time quoted initially.
- "Complaint" - an official statement with a valid reason for the Client to seek return to rectify issues or damages on property.
- "Additional Work" - any work not included into the agreed quotation.
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. CONTRACT
By accepting your quotation the following binding terms apply. Please take time to read it in detail:
2.1. These Terms and Conditions represent a binding 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 full acceptance of these Terms and Conditions and this represents a binding contract.
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.
2.6. Before agreeing to these terms we strongly recommend Customers to seek legal advice or ask the Company for clarification about any of the terms listed here.
3. QUOTATIONS
Quotations are based on phone conversations, email exchanges or site visit. Despite our effort to fully understand current environment where the service will take place the quotations have their limitation based on the amount of information provided or what we can see. During our site visits we ain not to create any damage therefore we will refrain from lifting floor coverings, carpets or mouldings. If you want detailed survey it is also available at costs subject to signing wavier for any damage that might be caused during the survey. By providing you with quotation the following terms will apply:
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! quotations are based on Client's requirement and information provided. FlooringFirst! reserves the right to amend the initial quotation, should the Client's original requirements change.
3.4. All quoted timeframes are for guidance only and are design to allow basic planning. The quoted date and periods might change as the working hours and patterns subject to availability of operatives to attend the project or any other delays for receiving materials or equipment required.
3.5. Differences in measurements of the actual size and the ones quoted, with in excess of 5% will be discussed with the Client upon discovery of discrepancies and a new quotation will follow if required to cover the differences. In cases of disputes related to measurements a suitable mutual alternative should be arranged with assistance of the Client to reach agreement with the Company on measurements and extra materials required.
3.6. All quotes are confirmed in writing after a viewing of the floors unless otherwise agreed with the Client and does not include any plumbing, electrical or other type of work required to get premises ready for floor installation or restoration and this should be arranged by the client prior works commencing.
3.7. 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 limit the work only to the agreed scope if it is safe to do so. If the Client wishes all/any discovered issues to be addressed Flooring First will amend the quotation to cover these circumstances.
3.8. In case of any furniture remaining in the property or other obstacles like instruments and building supplies, appliances, radiators attached to the floor, wardrobes, kitchen units or other obstacles preventing the floor installation, the Company operatives will proceed with moving these obstacles, presuming that it is safe to be moved and at Client's expense unless specifically instructed by the Client that they will either move it or arrange alternative company or people. The Client will bear all responsibility in case of electrical fault or leaks caused by moving appliances obstructing floor installation. Any appliance obstructing the service and moved away during the installation or restoration will not be installed back unless agreed in writing as part of the quotation and is sole Client's responsibility to be safely returned to its original position.
3.9. Moisture can cause serious problems to wood therefore issues related to moisture within the subfloor and surrounding walls not visible or not disclosed during our survey visit are also excluded from the quotation and the Company cannot be held responsible for any consequent damage.
3.10. FlooringFirst! can take and store images and videos 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 or videos in any Court proceedings regardless of purpose. All images or videos taken will be stored according UK GDPR and Data Protection Act 2018 regulations.
3.11. FlooringFirst! reserves the right to amend quotations not booked within 60 days of provision.
3.12. All quotations including supply of flooring will include 5-10% excess on top of space measured. This is based on the industry standards and the Company aim is to reduce any undecessary wastage. All unused flooring remains property of the Client and cannot be returned for a refund.
3.13. All free surveys are not intended to be advise to the Client what they need. The surveys are designed to have fair idea about Client's property and service challenges. It is expected that the Client is aware of what they want and all known facts and conditions must be disclosed to the Company. In case of Client seeking detailed advise it might be organised at extra cost.
3.14. All quotation provided by the Company includes a reference to the complete contents of these Terms & Conditions.
4. VAT
4.1. All FlooringFirst! service quotes are inclusive of VAT unless otherwise specified on the Quotation provided. Standard VAT rate of 20% applies except in permited by HMRC exceptions.
5. EQUIPMENT
FlooringFirst! will provide the necessary equipment for the project but here is what you need to provide as Client:
5.1. FlooringFirst! shall provide all supplies, products, maintenance or restoration equipment required to carry out the service, except such (if any) not covered or agreed in the Quotation provided.
5.2. The Client must provide running water and electricity at the premises where the service takes place.
5.3. The Client must provide suitable space/room protected with locks in case of any equipment remaining at Client's property overnight. Failure to provide minimum security on site might lead to Client being liable for equipment in case of being stolen or damaged by criminals.
6. PAYMENTS, SURCHARGES & LATE PAYMENTS
We do not expect you to pay for the service upfront except in specific circumstances. Payment is normally expected on the day of completion unless something else is agreed with the Company in writing. Here are the payment terms included agreed upon:
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 2% 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 court action any payments not received within a maximum of - 60 days for Businesses and 30 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.
7. CANCELLATION
Cancellation might be difficult process and might also involve costs. We also expect to respect our operatives and any abuse will not be tolerated. Please make sure you read what is expected from you as a Client.
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 48 hours 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 call-out charge of £350.00 shall apply to cover expenses.
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 and following the due process of complaint, then full payment for the services quoted is due to the Company. All supplied and unused materials or flooring delivered to the Client are considered as Client's property from the moment they were delivered and cannot be returned.
7.6. In the case of breach of contractual terms between FlooringFirst and the Client by the Client demanding additional services, without being agreed with FlooringFirst, all sums quoted are immediately due. FlooringFirst reserves the right to terminate any ongoing works and seek further compensations.
8. REFUNDS
Refunds are very uncommon and only allowed in limited circumstances. Here are the applicable terms:
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. COMPLAINTS
Complains will be handled professionally and without any emotion or prejudice. Please make sure you follow the agreed steps below:
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 about unsatisfactory result must be received in writing by post or email no later than 7 calendar days after the service or in case of other damages maximum of 3 calendar days from the moment it has been discovered, but no later than 6 months after completion.
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 investigate, return and redo or repair any disputed issue(s) or damages before looking for an alternative way of resolving the issues or requesting proceedings from the Company towards compensation and refunds.
9.4. In case of involvement of 3rd party companies to resolve the issues or damages all received quotation should be disclosed to the Company. The Client and the Company must seek to avoid overcharging and prices quoted for the repairs should not exceed market averages for the services quoted.
9.5. In all cases if no resolution is agreed, mediaton and ADR should be sought first to mitigate loss before escallating it to a court action as directed by Civil Procedure Rules.
10. CLAIMS & LOSES
Our insurance is your peace of mind. We will thoroughly investigate any claim and repair, replace or redo anything that is found to be our fault. Your duty is to notify us for any issues you might experience and seek to mitigate damage to both parties. Please read in details applicable terms below:
10.1. FlooringFirst’s Public Liability Insurance (see below) will cover damages caused by an operative working on behalf of the Company except agreed otherwise with the Company.
10.2. FlooringFirst! may require entry to the location of the claim within 48 hours to investigate and/or correct the problem or repair any damages.
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) and personal items to be stored away and/or not moved or held close by the operatives or equipment.
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. LIABILITY
This section explains what we expect to be excluded from any claim for damage, delays or any other issues that arise. Good planning is essential for satisfactory completion of any project, so make sure that you complete any preparation work that is required from you, gather all information that will help our teams to understand what you want as an end result and point out any problematic areas. We do not know your house better than you so help us to provide best possible service. Please take you time to read the limitations of liability explained below:
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 caused by gross misconduct by our operatives where alternative legal or criminal action will be sought jointly by the Company and the Client.
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 client is also required to disclose any pipes positioning under the floor which they are aware of and complete any electrical/heating/plumbing work prior the work commencing, including removing cables obstructing installation, removing freestanding or attached to the floor radiators, toilet seats and sinks within the scope of the works together with any other pipes that might delay the flooring installation or restoration. FlooringFirst! will attempt to remove any obstructing items but cannot be held responsible of any damage on these items if such occur.
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. All stains from pet's urine or deep penetration from leaking flower pots cannot be guaranteed to be successfuly removed.
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.
11.18 FlooringFirst! shall not be liable for any damages during a quotation visit or when performig service, caused by investigative work like lifting carpets, floorboards or other type of flooring, removing skirtings and other trims.
12. SUPPLEMENTARY TERMS
Here you can find other terms related to additional work, charges or preparation work, together with anything else that might be relevant to us providing service:
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 purpose, fraud protection and in case of legal disputes - free from any personal details. The Company owns the copyright. All data is stored accordingly UK GDPR and Data Protection Act 2018 regulations.
12.14 All phone conversations are recorded and kept for 6 months for fraud prevention and to maintain better quality of service.
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 the 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 a 12 months guarantee and our wood floor restoration 6 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 6 months of installation.
- Excludes gap filling with resin filler and pine slivers/strips* 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/strip 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. LAW
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.