Terms & Conditions

  1. For the purpose of these terms & conditions the following words shall have the following meanings:

    1. “The Company” shall mean The Ultimate Flooring Professionals Ltd, trading address: 46A Friars Stile Road, Richmond, Greater London TW10 6NQ

    2. “The Customer” shall mean the person or organisation for whom the Company agrees to carry out works &/or supply materials.

  2. The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by the designated operative of the Company at its absolute discretion.

  3. Quotations constitute an invitation to treat only and are not an offer. Quotations will only remain valid for 30 days and subject to reconfirmation by the Company at time of order.

    1. where a quotation has been supplied by the Company to the Customer the total charge to the Customer may be revised in the following circumstances:-

    2. if after submission of the quotation the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the estimate.

    3. if after submission of the quotation there is an increase in the price of materials.

    4. if after submission of the quotation it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared.

    5. if after submission of the quotation it is discovered that there was a manifest error when the estimate was prepared.

    6. The Company must receive payment in full for goods ordered before order can be accepted unless otherwise agreed in writing.

    7. The Company requires the Customer to pay a deposit to cover the cost of goods used for fitting/renovating floors. Balance money is due immediately upon completion of job.

    8. For renovation work The Company requires the Customer to pay a deposit of 25% at time of acceptance of work; balance 75% immediately upon completion of job.

    9. The Company reserves the right to exercise their statutory right to claim interest and compensation for debt recovery cost under payment legislation if they are not paid accordingly under the above terms.

      1. Compound interest at a rate of 8% per annum will accrue immediately upon completion of the works. This will only be charged to the customer if payment is not made within 28 days of completion of works agreed.

  4. If, after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within five working days to the Company and shall afford the Company the opportunity of both inspecting such works, & carrying out any necessary remedial works if appropriate. The Customer accepts that if he fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.

  5. The Company reserves the right to supply or deliver a substituted product at the Company’s discretion or refund the Customer the price paid for such goods.

  6. If the Customer cancels their order prior to any delivery being carried out or materials supplied then the Customer shall be liable for any related expenditure together with the profit that would have been made by the Company had the work been carried out &/or materials supplied in accordance with such instructions.

  7. On cancellation, the Customer must bear the cost of returning the goods to the Company unless the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by the Company, in which case the Company will meet the cost of return but ask that the Customer allow the Company to nominate the carrier.

  8. A restocking fee of 30% of the purchase price will be charged on all goods returned to the Company, which prove be non-defective. An additional cost of £42.00 will be charged on account of transport back to manufacturer.

  9. Where the date &/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure to attend on the date & at the time agreed. However, the Company accepts no liability in respect of the non-attendance or late attendance or the late delivery of goods.

  10. The Company is not liable for any redecorating work required as a result of works undertaken. Redecoration is often required following floor fitting or renovation works carried out by the Company. The Customer accepts that these works do not form part of the contract unless otherwise agreed in writing, and the Company shall not be expected to indemnify or compensate for any redecoration works required. This includes painting, plastering, cleaning, repairing damage to walls or repairing damage to woodwork not installed by the Company.

  11. The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturer’s warranty in force. The Guarantee will become null & void if the work/appliance completed/supplied by the Company is:

    1. Subject to misuse or negligence.

    2. Repaired, modified or tampered with by anyone other than a Company operative. The Company will accept no liability for, or guarantee suitability, materials supplied by the Customer & will accept no liability for any consequential damage or fault.

    3. Work is guaranteed only in respect of work directly undertaken by the Company & payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the Company will not be guaranteed.

  12. These terms & conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of the Company & by the Customer. Further, these terms & conditions shall prevail over any terms & conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering into a contact with the Company the Customer agrees irrevocably to waive the application of any such terms & conditions.

  13. Title to any goods, supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until payment in full for such goods has been made by the Customer to the Company.

  14. Until such time as title in the goods has passed to the Customer:

    1. the Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in the Company,

    2. for the purpose specified in (i) above, the Company or any of its agents or authorised representatives shall be entitled at any time & without notice to enter any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.

    3. the Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferred or otherwise disposing of such goods.

    4. Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer, & until such time as title in such goods has passed to the Customer, the Customer shall insure such goods to their replacement value & the Customer shall forthwith, upon request, provide the Company with a certificate or other evidence of such Insurance.

  15. The Customer shall not be entitled to withhold payment of any invoice or other amount due to the Seller by reason of any right of set off or counterclaim which the Customer may have or allege to have or for any other reason whatsoever.

  16. Nothing in this agreement limits any liability which cannot legally be limited, including, but not limited to, liability for:

    1. death or personal injury caused by negligence;

    2. fraud or fraudulent misrepresentation; and

    3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

    4. breach of terms implied by the Consumer Rights Act 2015

  17. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

  18. This clause excludes the liability of the Company for certain specified types of loss.

    1. Types of loss wholly excluded:

      1. Loss of profits.

      2. Loss of sales or business.

      3. Loss of agreements or contracts.

      4. Loss of anticipated savings.

      5. Loss of use or corruption of software, data or information.

      6. Loss of or damage to goodwill.

      7. Indirect or consequential loss.

    2. Consequential Loss means in relation to a breach of this Agreement, any indirect or consequential loss (including loss of production, loss of profit, loss of revenue, loss of contract, loss of benefit provided by a third party, loss of goodwill, liability under other agreements or liabilities to third parties) resulting from such breach, whether or not the party committing such breach knew or ought to have known, that such indirect or consequential loss would be likely to be suffered as a result of such breach and includes the payment or acceleration of any indebtedness from time to time.

    3. In the event of a breach of warranty, the Contractor shall only be liable for the reasonable costs of repair, renewal and/or reinstatement of any part or parts of the works after being given the opportunity to repair or rectify. The Company shall not be liable for any other costs incurred by the Customer.

    4. The total liability of the Company to the Customer, under or in connection with this Contract, shall not exceed the Contract Price agreed between the Company and the Customer for the works being undertaken by the Company.

      1. This sub-clause shall not limit liability in any case of fraud, deliberate default, or reckless misconduct by the defaulting party.

  19. Unless a party notifies the other party that it intends to make a claim in respect of an event within the notice period, the other party shall have no liability for that event. The notice period for an event shall start on the day on which the party wishing to make a claim became, or ought reasonably to have become, aware of and shall expire 1 month from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

  20. Force Majeure: no party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the affected party's reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labour stoppages or slowdowns, or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The party suffering a Force Majeure Event shall give notice within 5 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized.

  21. Subcontracts: If the Company has been subcontracted to undertake works by a main contractor, the main contractor will assume all liability to the employer for the works undertaken by the Company.

    1. The main contractor is assumed to have actual knowledge of all work being undertaken by the Company.

    2. No collateral contract exists between the employer and the Company, and thus no third-party rights can arise unless otherwise agreed in writing.

    3. The main contractor assumes all liability for the suitability and fitness for purpose of materials.

  22. These terms & conditions & all contacts awarded between the Company & Customer shall be governed & construed in accordance with English law & shall be subject to the exclusive jurisdiction of the English law.

© 2019 by The Ultimate Flooring.

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