| 1. | Formation of contract. |
| 1.1 | Once the Supplier has accepted the order placed by the Client either by written acknowledgement or by the supplier starting to provide the Services, a contract will be formed (the “Contract”) which incorporates these Terms in their entirety and to the exclusion of all other terms or conditions. |
| 1.2 | No variation of these Terms will be effective unless accepted by the supplier in writing. |
| 2. | The Service |
| 2.1 | The Supplier provides a cleaning and sealing service for tile, stone and grout (the ”Services”). Although the supplier has experience in the field of cleaning these materials it does not hold itself out to be an expert in this field. It has been the experience of the Supplier that its clients have been satisfied with the promised service, when performed with the products it recommends. |
| 2.2 | The Supplier cannot guarantee the outcome of the Services it performs due to the unknown history of products previously used on the surface to be maintained. |
| 2.3 | The Services shall be carried out by the Supplier in a professional workmanlike manner using reasonable skill and care. |
| 2.4 | If the Services do not comply with 2.3, the Supplier shall, in its discretion, refund all or such part of the Price received from the Client at that date or shall redo the Services in which case the Supplier shall have no further liability to the Client under clause 7 (subject to clause 7.3). |
| 2.5 | All complaints about the Services provided must be made in writing to the Supplier at their registered address within 14 days after the date of completion of the Services. After this time period the client will be deemed to have accepted the Services and the Supplier shall not be obliged to consider any complaint (subject to clause 7.3). Upon receipt of a formal written complaint or email within the stated 14 day period, the Supplier will respond within 14 days and will fully investigate the complaint within 28 days of receiving the same. |
| 2.6 | Due to the nature of the work carried out on floor restoration, no guarantee can be made regarding water damage to skirting boards, kitchen plinths etc. Some re-painting, sanding or polishing may be required after cleaning work has been carried out, at the Client’s own expense. |
| 2.7 | Tile Doctor Applicators are self employed professionals and are trained in the usage of Tile Doctor products. However, any complaint regarding the quality of work and finished services is between the individual Tile Doctor Applicator and their customer and is not the responsibility of Tile Doctor Ltd. |
| 2.8 | When dealing with tile replacement on loose or broken tiles it is not always feasible especially on old tiles (e.g.Victorian) to get a matching tone. It is the customer’s understanding that this may be the case. |
| 3. | The Price and Payment |
| 3.1 | Before the price can be confirmed or the Services performed the Supplier shall carry out an initial site survey at the Client’s premises following which, the Supplier shall provide the Client with a quotation detailing the work to be done and an estimate of the charges (the “Price”). |
| 3.2 | Any quotation provided by the Supplier under clause 3.1 above shall be valid for a period of 30 days only from its date, provided the Supplier has not previously withdrawn it. |
| 3.3 | If the Client wishes to proceed with the Services, it shall deposit 25% of the Price upon placing the order with the Supplier and before any date can be booked. The Client shall pay the balance of the Price on the date of completion of the Services by the Supplier. |
| 3.4 | The supplier shall not commence work until it has received from the Client in cleared funds the payments due under clause 3.3 |
| 3.5 | If the supplier is registered for VAT then the price shall include VAT. If the rate of VAT changes during this contract then the Client shall pay VAT at the new rate. |
| 3.6 | Payments will be made by the Client to the Supplier in pounds sterling and may be made by cheque, credit or debit cards (in the Supplier’s discretion). |
| 3.7 | Where the Client does not make payment of any sums due under the Terms on the due date the Supplier reserves the right to charge interest at the rate of 4 per cent per annum until the date of actual payment and/or to suspend the provision of any Services until payment is made and/or to terminate this Contract. The Client shall also be responsible for all costs and expenses (including legal costs) incurred by the Supplier or its agents in collecting the amount due from the Client or as a result of any delay in payment by the Client. |
| 3.8 | The Client will be given at least 14 days prior written notice of any changes in the Price. |
| 3.9 | If Commercial work is undertaken, payment should be made within 7 working days, otherwise clause 3.7 comes into effect. |
| 4. | Cancellations |
| 4.1 | The Client may cancel the Contract at any time during the first seven days after the order is placed by the Client in which case the Client will be re funded any part of the Price paid. Where the Client agrees either in writing or by email to the Supplier that the Services maybe carried out before the end of the seven day period or the Client allows the Supplier to commence the Services before the end of the seven day period then the Client shall no longer have the right to cancel under this clause 4.1. Notices of cancellation received after the Services have been performed shall not be accepted. |
| 4.2 | Subject to clause 4.1 the Supplier requires a minimum of 7 days prior written notice for cancellation of the Services by the Client. |
| 4.3 | No refunds will be made in the event of cancellation after the periods specified under clauses 4.1 and 4.2. |
| 4.4 | The Client shall be liable for the travelling cost and the time lost to be computed at the rate of £45 per hour in the event that any employee, representative, agent or sub-contractor of the Supplier travels to the Client’s premises on the agreed day but is not allowed entry or is unable to gain access to the Client’s premises to perform the Services. |
| 4.5 | The Client must give a minimum of 4 days written notice to the Supplier if he wishes to change the date upon which the Services are to be carried out. Failure to do so will mean that no refund will be given and the Client shall be responsible for the charges referred to in clause 4.4 above. |
| 5. | Obligations of the Client |
| 5.1 | The Client shall ensure that all representatives, agents, sub-contractors and employees of the Supplier are granted free and unrestricted access to those part(s) of the Client’s premises where the Services are to be performed and that the premises are safe and without risk. |
| 5.2 | The Client shall ensure the area referred to in clause 5.1 is cleaned and clear of all furniture and other obstacles before the arrival of the Supplier’s representatives, agents, sub-contractors or employees. |
| 5.3 | The Client will fully co-operate with the Supplier in the completion of Services. |
| 5.4 | The Client acknowledges that in order to obtain the best results the Client must use those products recommended by the Supplier. The Client agrees that the Supplier shall not be responsible for the quality of cleaning obtained with any other product. The Client will be responsible for all losses and damages incurred or suffered the Client and all costs and/or claims suffered or incurred by the Supplier where the Client: 5.4.1 requires the cleaning to be done by products other than those products recommended by the Supplier or in addition to the Supplier’s products; or 5.4.2 instructs the Supplier in the course of cleaning. |
| 5.5 | The Supplier may perform any deep clean or specialised cleaning of any antique, delicate or valuable items as the Client requires but this will be at the Client’s own risk. |
| 5.6 | The Supplier reserves the right to refuse to perform any or all of the Services and to cancel this Contract at any time on notice to the Client where it does not consider that the Services can be properly carried out. Where the Client is not at fault under these Terms any part of the Price paid by the Client shall be refunded. |
| 6. | Indemnity |
| The Client shall indemnify and keep indemnified the Supplier against all damages, claims, losses, expenses and costs (including legal fees), arising in consequence of any third party claims due to following the Client’s instructions in the course of performing the Services in the Client’s premises. This right of indemnity includes, without limitation, those losses which may result from the claims or suits for libel, violations of right of privacy or a proven wrong to any third party under the law of tort. |
| 7. | LIMITATION OF LIABILITY. THE CLIENT’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CLAUSE |
| 7.1 | The following provisions set out the Supplier’s entire financial liability (including any liability for the acts and/or omissions of its representatives, employees, agents or sub- contractors) to the Client in respect of:
7.1.1 any breach of the Contract; and
7.1.2 any use made by the Client of the Services; and
7.1.3 any representation statement or tortuous act or omission including negligence arising under or in connection with the Contract. |
| 7.2 | All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Contract. The Client’s statutory rights as a consumer are not affected. |
| 7.3 | Nothing in these Terms limits or excludes the liability of the Supplier:
7.3.1 for death or personal injury resulting from negligence; or
7.3.2 for any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation by the Supplier. |
| 7.4 | Subject to clauses 7.2 and 7.3:
7.4.1 the Supplier shall not be liable, whether in tort (including for breach of statutory duty), contract, misrepresentation or otherwise for:
7.4.1.1 loss or profits; or
7.4.1.2 loss of business; or
7.4.1.5 loss of goods; or
7.4.1.6 loss of use; or
7.4.1.7 any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. |
| 7.5 | Without prejudice to clause 7.3 the Supplier’s entire liability in respect of any event of default shall be limited to an amount equal to the total invoiced value of sales of the products and Services to the Client. |
| 7.6 | The Supplier shall use its best efforts to ensure that the Services are carried out within a reasonable time but shall not accept any responsibility in delays which are outside its control or due to the Client’s act or omission. |
| 8. | Termination |
| Either party may (without prejudice to any other remedy) at any time terminate this Contract by giving written notice to the other if the other commits any breach of these Terms and (if capable of remedy) fails to remedy the breach within 30 days after being required by written notice to do so, or if the other goes into liquidation, or (in the case of an individual or firm) becomes bankrupt, makes a voluntary arrangement with its or his creditors or has a receiver or an administrator appointed.This is subject to clauses 4.1 and 4.2. |
| 9. | Data Protection |
| The Client agrees that the Supplier may process all personal data of the Client in accordance with the Data Protection Act 1998 and any other applicable data protection legislation as may be necessary for performing its obligations under this Contract and for operational purposes. The Client further agrees that the Supplier may pass such data to Tile Doctor Limited. |
| 10. | Confidentiality |
| The Client will not divulge to any person whatever or otherwise make use of (and shall use his best endeavour to prevent the publication or disclosure of) any trade secret or confidential information of the Suppler and/or Tile Doctor Limited which he may be aware of during the course of the Services. This clause shall not apply to any information which becomes readily available within the public domain. |
| 10. | Force Majeure |
| Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including acts of God, fire, natural disaster, war or military hostilities. |
| 11. | Waiver |
| The failure by either party to enforce at any time or for any period any one or more of these terms shall not be a waiver of them or of the right at any time subsequently to enforce all terms. |
| 12. | Notices |
| Any notice to be served on either of the parties by the other shall be sent by pre paid recorded delivery and shall be deemed to have been received by the addressee within 72 hours of posting. |
| 13. | Severence |
| If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the Term in question shall not be affected. |
| 14. | Third Party Rights |
| A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Party) Act 1999 to enforce any of these Terms. |
| 15. | Jurisdiction |
| These terms shall be interpreted in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts. |
