Conditions of Sale
All prices quoted are strictly nett and VAT is applicable at the standard rate at the time of contracting. A 50% materials deposit is required prior to the commencement of works. Payment of the balance is strictly 14 days nett from the date of the final remittance invoice.
Our quotation and the final price will be subject to a full site survey, pull-off bond test and final re-measurement of the works area. The substrates within the working area must be sound, fit and above 25 n/mm² compressive strength. The works area is to have unhindered access and be free of traffic and trades. If required, the area is to be made weather-tight.
A schedule of works will be provided as a works timeline guide, upon acceptance of our quotation, and will be finalised and agreed upon by the both parties.
Attendance is required from others to provide 240 volt or 3-phase electricity supply, suitable bright lighting, protection in the form of hoarding, suitable close parking, off-loading and storage areas – as identified and advised. All manhole covers, located within the specified area of works, must be free and removed, prior to the commencement of works.
Contract and Time
Our quotation or proforma invoice is valid for a period of twelve (12) weeks from its date of issue. We reserve the right to withdraw a quotation or proforma invoice at any time before receiving your purchase order without incurring any liability.
Please check the quotation carefully to ensure that it accurately reflects the details of your purchase order. By placing an order with us, you confirm that you have read and understood these terms and conditions and that you agree to be bound by them.
When we receive your purchase order, our quotation together with such deposit payment, will form a binding contract under which we will sell and you will purchase the specified solutions outlined in the quotation. We cannot proceed without your acceptance and deposit payment. We shall not be liable for any delays while waiting for your acceptance.
In contracting, you hereby confirm that anyone acting on your behalf to purchase products from us has authority to bind you, and you acknowledge that in entering into any contract you do not rely on any statement, representation, assurance or warranty that is not set out in these terms and conditions. Neither you nor we shall have any claim for innocent or negligent misrepresentation based on any statement in the contract.
We will provide you with estimated timescales for delivery of the products and solutions once the contract has been made. While we shall use our reasonable endeavours to meet these estimated timescales, because of the nature of the work, we do not guarantee to meet them. If we do encounter unexpected delays, we will contact you as soon as is reasonably possible by telephone or email to let you know revised estimated timescales.
At our discretion, late payment of any balance owed, will incur interest charges. Interest shall be payable on any payments that are not paid on or before the date thirty (30) days after the date of invoice, at the pre-annum rate of 5%, above the Bank of England base rate.
Pre-Installation Assessments
It is important that the installation can be done continually and according to the set schedules and without interruption.
The requirement for the concrete is B30 or better. The strength and quality of the concrete must also have an even consistency. In the event that there are any chemical additives in concrete and coats of plaster or any other contaminant, the details of this must be provided prior to commencement of flooring works. The maximum moisture level in the concrete should be no more than 9% with no moisture migration in the floor base. Where practically possible, the floor must have a minimum temperature of +5 degrees celsius.
The term ‘preparation of the substrate’ refers specifically to the works detailed in our quotation. Unless specified otherwise, or detailed separately ‘preparation of the substrate’ does not include any element of adjustment to floor levels or creating of falls into any drainage facilities already installed. It is the responsibility of the client to identify if or where changes to the substrate levels are required. Any works related to adjustments to levels or creating falls into drainage facilities must be at the specific request and approval of the client and must be specified separately.
Our products and services do not include the removal of pipework penetration through floor areas. Unless instructed otherwise, new flooring will be formed around all existing penetrations.
For any equipment which is disconnected, moved and re-installed as part of our quotation, our responsibility and liability ends once supply has been fully restored to each appliance and it is fully connected and ‘live’. We do not guarantee the performance of any item of equipment thereafter.
Terms of Delivery
All materials delivered in advance must be stored in a dry location absent of moisture.
Works can commence by mutual agreement between the parties. If the installation is affected by delays caused by changes required by the client or other parties acting on their behalf, we hold the right to postpone and agreed the finishing date accordingly. This extends to where the installation has been hindered by conditions beyond control, such as extraordinary weather conditions, public regulations, strike, lock-out or similar events.
The stated performance and quality of our products and solutions detailed in our technical specifications and data sheets are based on average values.
Post Installation Obligations
It is recommended that a site inspection and audit is carried out and works are fully approved prior to completion and departure from site. Closure and approval of executed works should take place once the ‘works completion form’ (or other agreed document or written instruction) is signed and approved. Should there be any objections to the works performed, these must be made at the final inspection with the site supervisor prior to sign off.
All of our works for areas exceeding 10m² are backed with a full written warranty. Cleaning and maintenance guidelines will be made available. It is the responsibility of the client to satisfy themselves that they conform with these recommendations.
We accept no liability for changes in product performance, properties or aesthetics where recommendations are not adhered to, or where products are exposed to sustained hot water loads of 70 degrees celsius or higher, or by thermal shock due to rapid and regular variation of temperatures.
Product Descriptions
We take reasonable care to ensure that the products and solutions are described accurately and that the product information provided is correct and up-to-date on our website and our brochures. However, the images of the products and solutions are for illustrative purposes only and we cannot guarantee that the colours and finishes shown will be reflected exactly in products and solutions provided. We reserve the right to make minor changes to the internal descriptions of the products.
Limitation of Liability
We shall be liable to you in respect of death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or by any faulty product or solution supplied to you by us. This liability extends to any fraud or fraudulent misrepresentation by us or any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
We shall not be liable for any loss of use, lost profits, loss of revenue, loss of anticipated savings, loss of goodwill, loss of opportunity, loss of reputation or any indirect or consequential loss. Our maximum aggregate liability to you for any cause whatsoever shall be for direct costs and damages only and will be limited to a sum equivalent to 125% of the price paid and payable by you under the contract.
All other liabilities are excluded to the fullest extent permitted by law. We shall not be liable for any claims, losses, costs or damages arising and you shall be solely responsible for any associated additional costs, unless otherwise agreed by us in writing beforehand. This applies specifically to any problems with the products or solutions, where these have been used against our advice or recommendations; your failure to carry out any safety recommendations made by us, or any damage to your or a third party’s property.
Intellectual Property
We grant to you a limited licence to use and to share the quotation and specifications solely for the purposes of assessing suitability for your requirements. This applies to the copyright, trade secrets, trademarks and all other intellectual property rights in the quotation, products and solutions, and technical specifications that belong to or are licensed to us.
Confidentiality
Confidential information is defined as any information relating to the contract or to your or our business affairs or activities that has been marked as confidential, has been identified as being of a confidential nature, or may reasonably be supposed to be confidential in the circumstances.
Each party agrees that the terms of the contract and the confidential Information shall be kept confidential between the parties and shall not be disclosed to any third party who does not have a reasonable and lawful need for such information and shall ensure that any such third party shall be bound by the same confidentiality obligations.
If the contract is terminated, each party shall, at the other party’s choice, return or destroy all confidential information of the other party.
Others Clauses
We may revise our terms and conditions from time to time if, for example, there are changes in relevant laws and regulatory requirements. We may transfer our rights and obligations under the contract to another organisation. We will notify you in writing if this happens, but this will not affect your rights or obligations under the contract. You may only assign or transfer your rights or obligations under the contract if we agree in writing.
We will not be responsible for any failure to perform, or for any delay in performance of, any of our obligations under the contract which is caused by an event outside our reasonable control that directly or indirectly delays or prevents our timely performance under the contract. Any agreed dates or times shall be postponed automatically for the period of delay arising from the event.
The contract constitutes the entire agreement between you and us, and supersedes and takes precedence over all other representations, agreements and other communications between you and us on this subject, both oral and written. The contract shall prevail notwithstanding any variance with the terms and conditions of any order or purchase order submitted by you.
If a dispute arises that you and we are unable to resolve between ourselves, you and we agree to first attempt to settle it by mediation under the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure, and neither party shall commence court proceedings until it has attempted to settle the dispute by mediation. However, nothing in the contract shall limit either party’s right to seek injunctive relief.
These terms and conditions and the contract are governed by English law. We both agree to submit to the exclusive jurisdiction of the English courts. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any particular obligation under the contract, or if we do not enforce our rights against you when we are entitled to do so, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
The contract is between you and us. No other person shall have any rights to enforce any of its terms. The contract may not be changed, modified, amended, released or discharged except by a subsequent written agreement or amendment executed by us and you.