Terms and Conditions
Terms and Conditions of Flex Tiling
Welcome to Flex Tiling. By accessing and using our website, you agree to comply with the following terms and conditions. If you do not agree to these terms and conditions, please do not use our website. It is recommended that customers carefully review these terms and conditions before engaging the services of Flex Tiling. By accepting the quote, the customer agrees to be bound by these terms and conditions.
1. Deposit and Payment
1.1. To secure your booking, we may require a deposit, which must be paid at the time of booking.
1.2. The deposit is fully refundable up until 14 days prior to the scheduled start date of the work, unless otherwise agreed.
1.3. The remaining balance must be paid in full upon completion of the work, unless other payment terms have been agreed in writing between Flex Tiling and the customer.
2. Workmanship and Warranty
2.1. Flex Tiling will carry out the work in a professional manner, in accordance with industry standards and regulations.
2.2. Flex Tiling provides a one-year warranty on all work carried out, subject to the following conditions:
2.2.1. The work must have been carried out by Flex Tiling and paid for in full by the customer.
2.2.2. The warranty covers defects in workmanship and materials supplied by Flex Tiling.
2.2.3. The warranty does not cover defects caused by misuse, neglect, or accidental damage.
3. Liability and Indemnity
3.1. Flex Tiling will not be liable for any loss, damage, or injury caused by:
3.1.1. Any act or omission of the customer or any third party.
3.1.2. Any circumstances beyond our reasonable control, such as acts of God, war, terrorism, or natural disasters.
3.2. The customer agrees to indemnify and hold Flex Tiling harmless from any loss, damage, or liability arising from:
3.2.1. Any breach of these terms and conditions by the customer.
3.2.2. Any claim or legal action brought against Flex Tiling by any third party as a result of the customer’s use of our services.
3.3 Health and Safety
3.3. The customer must ensure that the work area is safe and free from hazards before work commences.
3.3.1. Flex Tiling will comply with all relevant health and safety regulations while providing the tiling work.
3.3.2. The customer must inform Flex Tiling of any potential hazards in the work area before work commences.
3.4. Asbestos
3.4.1. If the tiling work is to be carried out in a building constructed before 2000, Flex Tiling will assume that there may be asbestos present in the building.
3.4.2. If asbestos is found or suspected to be present during the tiling work, Flex Tiling will immediately stop work and inform the customer.
3.4.3. If the customer knows or suspects that asbestos may be present on the premises, they must inform Flex Tiling before work commences. If the customer does not inform Flex Tiling of potential hazards or the presence of asbestos, they will be held responsible for any
resulting damages or costs.
3.4.4. If asbestos is present, Flex Tiling will not carry out any work that may disturb or damage the asbestos without the necessary safety precautions and a valid asbestos removal certificate.
3.4.5. If asbestos is found or suspected to be present, the customer is responsible for arranging for an asbestos survey and any necessary removal or containment of the asbestos.
3.4.6. The customer agrees to indemnify and hold Flex Tiling harmless from any claims, damages, or costs arising from the presence of asbestos on the premises, unless the presence of asbestos was caused by the negligence of Flex Tiling.
4. Work requests outside of scope
4.1 Flex Tiling reserves the right to refuse to perform any work that is outside the scope of its expertise or insurance coverage. If Flex Tiling determines that work requested by the customer is outside of its scope, it will inform the customer as soon as possible.
4.2 Flex Tiling is not responsible for any expenses or losses resulting from work that it is not qualified or insured to perform.
4.3 Flex Tiling does not provide plumbing services and is not responsible for any plumbing work required to complete a tiling project. The customer is responsible for arranging for a qualified plumber to perform any necessary plumbing work.
5. Insurance
5.1 Flex Tiling Insurance Coverage: Flex Tiling warrants that it has the necessary insurance coverage to undertake the tiling work as agreed upon in the contract.
5.2 Customer Insurance Responsibility: The customer is responsible for obtaining any additional insurance coverage that may be required for the project beyond the insurance coverage provided by Flex Tiling.
5.3 Insurance Claims: In the event of an insurance claim, Flex Tiling will cooperate with the customer’s insurance company and provide any necessary documentation or information. However, the responsibility of filing an insurance claim and communicating with the
insurance company remains with the customer.
5.4 Waiver of Liability: The customer agrees to waive any claim or cause of action against Flex Tiling for any loss, damage, or injury that is covered by insurance. The customer agrees to rely on their insurance coverage to cover any losses or damages resulting from the tiling work.
6. Cooling Off Period
5.1. The customer has a cooling off period of 14 days from the date of booking to cancel the work without penalty, provided that the work has not yet commenced.
5.2. If the customer cancels the work within the cooling off period, Flex Tiling will refund any deposit or payment made in full unless otherwise agreed. If any special orders have been made, additional costs will be incurred. See Clause 6.1.
5.3. If the customer cancels the work within the cooling off period but has booked the work to commence within 14 days of the booking date, Flex Tiling reserves the right to retain the deposit paid in full and invoice for any costs incurred up to the point of cancellation.
6 Special Orders
6.1. If any special order has been made for products required for the work, the customer is liable for the cost of these products if they cancel the work or if the work is delayed due to their actions.
6.2. If the customer cancels the work or causes a delay that results in the cancellation of the special order, the customer is responsible for the cost of the products ordered and any associated costs incurred by Flex Tiling.
7. Fees and Payment Terms
7.1 Payment Terms: The customer agrees to pay Flex Tiling for the tiling work in accordance with the payment terms set out in the written agreement between the customer and Flex Tiling.
7.2 Late Payment: If payment is not made by the due date, Flex Tiling may charge interest on any overdue amounts at the current bank of England base rate, plus 1% per month or part thereof, calculated from the due date until the date of payment in full.
7.3 Payment Method: Payment must be made by BACS unless otherwise agreed in writing by Flex Tiling.
7.4 Additional Fees: Flex Tiling may charge additional fees for any extra work or services requested by the customer that are not included in the original scope of work.
7.5 VAT: No additional VAT will be charged by Flex Tiling for services provided. Materials sourced and supplied by Flex Tiling will be charged to the customer including VAT. Flex tiling does not claim back any VAT on materials supplied.
8. Variation of Contract
8.1 Written Approval: Any changes to the agreed tiling work must be approved in writing by both the customer and Flex Tiling.
8.2 Additional Costs: Any changes to the tiling work may result in additional costs. These costs may include additional labour, materials, or other expenses. The customer will be informed of any additional costs before they are incurred, and the costs will be calculated and
outlined in writing. The customer must approve any additional costs before work can proceed.
8.3 Timeframe: Changes to the tiling work may delay the completion of the project. Flex Tiling will specify any additional time that may be required to accommodate the changes, and the consequences of any delay to the completion date.
8.4 Approval Process: The process for approving changes to the tiling work will be determined by Flex Tiling. Flex Tiling will specify who has the authority to approve changes and how quickly approvals will be processed.
8.5 Cancellation: If the requested change is too significant, it may be treated as a cancellation of the original agreement, requiring a new quote or contract to be agreed upon.
9. Cancellation and Termination
9.1 Customer Cancellation: The customer may cancel the work at any time by giving written notice to Flex Tiling.
9.2 Cancellation Fees: If the customer cancels the work after Flex Tiling has commenced work on the project or has incurred costs (such as ordering materials), the customer agrees to pay for the work and materials up to the date of cancellation.
9.3 Termination by Flex Tiling: Flex Tiling may terminate this agreement and/or suspend or cancel the work at any time if:
9.3.1 The customer breaches any of these terms and conditions.
9.3.2 Flex Tiling has reason to believe that the customer is in breach of any applicable laws or regulations.
Note: Any fees associated with cancellation or termination of the contract will be outlined in the written agreement between the customer and Flex Tiling.
10. Force Majeure:
Neither party shall be liable for any failure or delay in performing its obligations under this agreement if such failure or delay is due to circumstances beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, hurricanes, pandemics, epidemics, or other natural disasters (‘Force Majeure Event’). If either party is unable to perform its obligations as a result of a Force Majeure Event for a continuous period of 30 days, either party may terminate this agreement by written notice to the other party.”
11. Governing Law and Jurisdiction
11.1. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.
11.2. Any dispute arising from or related to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Use of information in Flex Tiling Blog
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In no event will Flex Tiling be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this blog.
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