Terms and Conditions
1. DEFINITIONS
1.1 In the Terms and Conditions, following definitions apply:
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“The Company” shall mean “the specialist company appointed to undertake the relevant work which shall enter into the Contract for the work with the Client” is in regards to Love Your Floor London.
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“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
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“Premises” – shall mean the premises where the work under the relevant contract is to be carried out.
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“the Contract” shall mean the relevant contract under which the Company is to provide the relevant work
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“the Work” shall mean the work to be undertaken or provided by the Company under the Contract
2. THE CONTRACT
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2.1. These terms and conditions shall be incorporated into the Contract.
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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.
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2.3. The Client agrees that placing an order for work shall constitute the Clients acceptance of these terms and conditions, which shall be incorporated into the Contract between the Client and the Company. The Client is notified that the company has the benefit of public liability and professional indemnity insurance cover.
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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.
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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. QUOTATIONS
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3.1. The Company habitually uses metric measurements when calculating quotations over the telephone or by another remote method. Any telephone or other remote quotations are to be used only as a guide for customers – and not as a final price. Final prices are on quotations sent to the Client in writing by email a Premises inspection has been carried out.
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3.2. Wood floor restoration services are charged per linear metre, or per square metre, or per hour charge taking into account the type and the state of the floors/subfloors. Some flooring materials and flooring details may require more time and resource refinishing, and therefore the Company may in such case decide to charge at rates higher to the ones published upon its website, discussed over the telephone or discussed verbally at any estimation meeting, or contained within the Company's advertising literature
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3.3. The Company reserves the right to amend the quotation, should the Client amend or vary the Client’s requirements.
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3.4. Differences in measurements of the actual size and the ones quoted will be discussed with the Client prior to the start of the work. In such case, the Company shall be entitled to increase or decrease the price of the work by such amount as may be just and reasonable
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3.5. All telephone quotes will be subject to reassessment after a viewing of the floors at the Premises.
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3.6. The Company reserves the right to amend a quotation not accepted within 30 days.
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3.7. The Company has a minimal daily charge of £500.00 for any project.
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3.8. The quotation (unless otherwise stated) excludes the clearing of waste material and/or debris created by the work.
4. EQUIPMENT
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4.1. 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.
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4.2. The Client shall provide adequate and accessible supplies of running water and electricity at the Premises to enable the work to be carried out.
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4.3. Sanding machinery requires 240v of electric supply. The Client shall ensure that their power supply at the Premises can provide this level of electric power.
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4.4. Where necessary, where the work is to be carried out within a residents parking area, the Client will when requested provide visitor parking permits to the Company to enable it to park its vehicles for the purposes of carrying out the work.
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4.5. The Client will reimburse to the Company for any pay and display charges, congestion charges, skip licenses and skip parking fees which are reasonably incurred in relation to carrying out the work. These charges are in addition to the amount contained in any quotations/contract price.
5. PAYMENT, PRICE AND EXTRAS
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5.1. Payments are accepted in cash, and/or bank transfer.
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5.2. (Unless otherwise agreed or stated to the contrary in the quotation), a 50% deposit payment is due at least two weeks before starting the project. The Company shall not be obliged to commence and/or continue work at the Premises unless and until the deposit has been paid.
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5.3. (Unless otherwise agreed or unless stated to the contrary in the quotation), the remaining payment of 50% plus the cost of any extra or additional work requested, or off any variations requested, shall be due on the date for the completion of the work.
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5.4. The Company reserves the right to charge simple interest upon any overdue sums, at the rate of £20.00 per day.
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5.5. The Company reserves the right to stop work and/or cease to continue work and remove its workers from the Premises if any payment due is wholly or partly unpaid and/or continues to remain unpaid.
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5.6. 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 director, officer or manager of the Client or other person representing the Client at the Premises.
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5.7. 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.
6. CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013.
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6.1. If you cancel this contract, you will receive a refund of all payments received from you, (except in respect of the value of any work and out of pocket expenses which has been carried out and/or incurred at your request, and which you will remain responsible to pay for).
7. WORK ISSUES
7.1. Repairs and Existing Damage and other related issues
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7.1.1 Minor repairs (such as fixing down loose floorboards, 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.
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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 an 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 objects.
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7.1.3. The colour and quality of timber provided by the Company under the Contract shall be in accordance with market availability in terms of quality, age, colour, and grain;
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7.1.4. Accordingly, the nature of wood timber provided under the Contract cannot be guaranteed to be the same colour and shade etc. as existing ones.
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7.1.5 The Company shall have no responsibility in respect of existing damage to Clients property in the form of old and pre-existing stains/burns/spillages etc. which cannot be cleaned and/or removed completely by its workers by use of industry-standard methods.
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7.1.6 The Company shall not be responsible for a poor result in sanding 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.
7.2. Gap Filling
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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.
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7.2.2. When a slivers gap-fill method is used, the Company cannot guarantee that the slivers (even though produced from reclaimed timber) used to fill the gaps can be an exact match to the existing floor – every piece of wood is unique, therefore it might vary in colour, grain, shade etc.
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7.2.3. The edges/gaps between the floor and the walls/skirting boards are not included in the quotations unless otherwise instructed. Such gap filling is a subject to additional service and charges;
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7.2.4. Gaps between risers and steps on a staircase do not fall in the general services of the quotation unless otherwise instructed and charged additionally
7.3. The Floor Sanding and Installation Process
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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 advise the Company if this is required;
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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;
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7.3.3. The sanding process to be used is materially (estimated at 95%) dust-free. Small amounts of fine dust will, however, be produced. Where it is necessary 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.
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7.3.4. 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.
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7.3.5. The company 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.
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7.3.6. The company 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.
7.4. Coloring/Staining
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7.4.1. Colour samples are a small representation, and there will be a slight colour or shade variation when applied over a larger area.
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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 extra.
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7.4.3. It is the Client’s responsibility to check colour at the moment of application. Any recolouring will be chargeable as an extra.
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7.4.4. Complete uniformity is not always possible when colouring and finishing a floor by hand. The Company shall have no responsibility in respect of the same.
7.5. Sealing & Maintenance
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7.5.1. The Company provides three coats of lacquer(includes primer) or two coats of oil/hard wax (depending on the Client’s choice) as standard. Additional coats are available at extra cost;
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7.5.2. Seal longevity is dependent on traffic conditions/usage and upon the standard of maintenance implemented by the Client;
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7.5.3. We recommend maintaining the floor with professional maintenance products only (such as Bona or Osmo);
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7.5.4. Lacquers are generally touch dry in 1-2 hours, oils – in 4-8 hours (the duration of drying time may vary depending on the manufacturer and the weather conditions).
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7.5.5. Floors should not be covered, nor furniture replaced until the drying process is complete. The Company cannot be held liable for marking to floors after the job is complete and once accepted by the Client;
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7.5.6. It is not the responsibility of the Company to protect floors after completion of work on-site;
7.6. Hours of Work
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7.6.1. Where possible, hours of work will be 8am-5pm, Monday to Friday. However, due to the nature of the sealing process, staff may have to make site visits at any time.
7.7. Rubbish Removal and Disposal
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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.), disposal is NOT included in work price unless otherwise stated. To arrange for the removal of the same the Company will make an extra charge;
8. POSTPONEMENT AND ACCESS
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8.1. The Client may postpone the start date of any work by giving at least 48 hours prior written notice to the Company.
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8.2. All fragile and highly breakable items must be secured or removed.
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8.3. The Client shall ensure that all valuables are stored away when work is carried out.
9.COMPLAINTS PROCEDURE
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9.1. Any complaints should be made or confirmed to the Company in writing.
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9.2. The Company will investigate any complaint and attempt to resolve the matter to the satisfaction of the Client.
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9.3. The Client agrees to allow the Company to return to the 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 COMPLETION OF WORK
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10.1. 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, transport disruption, non delivery and/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. 11.2. Without prejudice to Clause
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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.
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10.3. 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.
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10.4. The duration of the works estimated in the quotation is based on the assumption that a one-man team will be assigned – the time might vary / shorten significantly dependent on the number of team members available to start any project. Any estimated duration is to be taken as a rough guide
11. EXCLUSION / LIMITATION OF LIABILITY
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11.1. Whilst the Company will make every effort not to break items, accidents do happen. The 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.
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11.2. The Company shall not be liable for a non-satisfactory result from the work due to the Client, a third party and/or any animals walking on freshly sealed floors.
12. DATA PROTECTION
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12.1 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
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13.1. The Company reserves the right to make any changes to any part of these Terms and Conditions without giving any prior notice. It 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 Company’s website.
14. OUR INSURANCE – YOUR PEACE OF MIND
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14.1. Any work undertaken by the Company is covered by Public Liability Insurance and Employers Liability Insurance.
15. SERVICE GUARANTEE
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15.1. Love Your Floor London Service Guarantee seeks to ensure that services provided by Love Your Floor London are delivered to a high standard and to the Client's satisfaction and it only applies to those services that have been provided by Love Your Floor London. Products, including, but not limited to floorings and flooring supplies such as accessories, wood floor finishes etc. are subject to a separate guarantee provided by the relevant manufacturer and are not part of our Service Guarantee.
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15.2. Love Your Floor London restoration services come with 5 years Service Guarantee and Love Your Floor London wood floor installation services come with 10 years Service Guarantee. Exclusions and limitations apply - see below.
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15.3. Service Guarantee does not cover any damages caused by any third parties, including but not limited to leaks, scratches, damp caused by faulty appliance or increased humidity and/or subfloor moisture levels, which have appeared after the wood floor installation and/or restoration.
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15.4. Service Guarantee does not cover any issues arising from the subfloor where subfloor preparation has not been provided by Love Your Floor London.
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15.5. Service Guarantee does not apply to wood floors which are at the end of their usability, such as engineered wooden floors with reduced thickness of the top layer due to previous sanding.
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15.6.Service Guarantee excludes gap filling services on floorboards as the durability of gap filling depends on movement in the boards and/or the subfloors which is beyond our control. Nevertheless, we always make all efforts to secure loose boards in order to reduce their potential movement in the future.
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15.7. Service Guarantee does not cover squeaks or issues arising from the subfloor, where the subfloor preparation was not part of the quote provided.
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15.8. Love Your Floor London Service Guarantee and any potential refunds are always subject to an investigation by Love Your Floor London and are only executed where the claim has been considered as an approved claim by Love Your Floor London.
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15.9. Should Love Your Floor London consider that the complaint registered by the customer is valid, Love Your Floor London will initially attempt to resolve any matters to the Client's satisfaction.
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15.10. Where the above point (15.8. and 15.9.) applies, the Client agrees to allow Love Your Floor London to return to the property for on-site inspection and to aim to rectify the any issue(s) before proceeding to any alternatives such as refunds. Sometimes, more than one visit may be required and the Client should make arrangements for Love Your Floor London to gain access to the property.
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15.11. The Client agrees that third party representatives, such as product manufacturers may need to attend the Clinet's property for on-site investigation in order to identify the precise nature of the problem.
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15.12. Service Guarantee cannot be provided for services not paid in full on completion, as per the final invoice(s).
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15.13. Service Guarantee does not cover floor installation in areas with humidity issues and high moisture level.
16. CHOICE OF LAW
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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 English Court.