1. Conditions applicable: These Conditions of Sale apply to all contracts for the sale of Goods and Services by us Ecotile Limited to you to the exclusion of all other terms and conditions. Any order from you gives rise to a binding contract with us only when we have notified you in writing that the order is acceptable or when we have made delivery of Goods to you (if sooner).
2. Quotations: All sales are subject to Ecotile Ltd standard terms and conditions. It is the customer's responsibility to check and confirm all measurements, dimensions and quantities. Ecotile cannot accept responsibility for any shortages or errors once the quotation has been accepted. In the event that extra material, labour or additional transport or equipment is required we reserve the right to charge the customer for all extra materials, labour and additional costs that may be incurred. In the event that we are undertaking installation please be aware that it is the Customer’s responsibility to ensure that the installation area has been cleared of all moveable items and the floor swept prior to our installation team commencing work. The tiles must be left in the installation area to acclimatise for a minimum of 24 hours before installation commences. Failure to comply with instructions may result in an additional charge being made. We reserve the right to charge for any unforeseen repair work / alterations that may be required to allow installation to be completed, for example if the floor has been damaged by the removal of the old floor finish or to cut down doors to fit.
3. Specifications: All illustrations and specifications are given as a general idea of the Goods described and do not form part of a contract. We reserve the right to incorporate changes or make substitutions without prior notice.
4. Prices: Prices quoted exclude Value Added Tax. Every effort is made to charge the prices set out in our most current catalogue/ price list; however we reserve the right to increase the price payable for Goods without notice. Prices stated exclude carriage costs and are ex-works.
5. Delivery and Packing
5.1 Delivery dates are estimates only and we shall not be liable for any loss or damage resulting from any act of God, war or riot, extreme weather, strikes or any other events, which are beyond our control.
5.2 We reserve the right to deliver goods by instalments, each instalment being treated as a separate contract.
5.3 Risk in Goods will pass to you on delivery and you should insure accordingly.
5.4 Goods will be delivered at the point most convenient to our carrier. Further transfer or installation within your premises, particularly for large or heavy items, must be arranged prior to delivery and will be charged extra.
6. Installation and Project Management
6.1 All work relating to installation and project management is quoted for on the understanding that the site area will be clear and ready for Ecotile Limited to commence work. Any delays or cancellations that are caused as a result of factors beyond our control or where the floor area has not been cleared will be charged for at the standard daily rate.
6.2. We reserve the right to charge for any making good / floor repairs that may be required and that we could have not anticipated required doing when we quoted the project due to equipment, old floor coverings or for any other reason that may have prevented us from seeing the true condition of the floor at the time the site was surveyed.
6.3 In the event of shortage of material due to the customers plans or the measurements provided being incorrect or failing to allow a sufficient wastage or cutting allowance we will charge for all extra material required at the pro rata rate originally quoted. If we need to revisit site to complete the installation the additional time and labour involved will also be charged at the prevailing rate.
6.4 A minimum of 72 hours notice must be given if it is necessary to cancel an installation. Failure to do so will result in a charge of 50% of the quoted installation charge.
7. Claims
7.1 Claims for loss or non-delivery of Goods, damage, short delivery or non-compliance with description must be notified in writing with us within 3 (three) days of the delivery date. Original packaging must be returned with any damaged Goods. Claims will only be considered if these conditions are met. Our liability shall be limited to replacement free of charge or refund of the proportion of the price attributable to Goods undelivered or damaged at our option.
7.2 Goods are not sold for any particular purpose. We shall not be liable to you for any indirect or consequential loss arising out of or in connection with the sale of Goods to you.
7.3 Consistency of colour – all orders will be fulfilled from a single production batch. In the event of additional tiles being required as a separate order we cannot guarantee colour consistency of tiles between batches.
8. Payment
8.1 In the absence of a credit account, all first orders will be accepted on a proforma basis. In the event of a credit account being opened, a 30% deposit will be required with first orders.
8.2 Credit accounts are opened after first order subject to status and are strictly net and payable within 30 days of receipt of Goods. Otherwise net cash prior to delivery. No set-off is permitted for any reason.
8.3 Where only part of the Goods ordered are despatched, payment shall be made of the contract price attributable to that part.
8.4 Payment by cheque shall be treated as received once your cheque has cleared. In the event of late payment we reserve the right to charge interest at the daily rate of 4% per annum above the base rate of HSBC Bank plc both before and after judgment.
8.5 If any payment falls into arrears or you are the subject of any insolvency or related proceedings you must immediately notify us and we will have the right to cancel or postpone any contract, wholly or in part, and to be paid immediately for performance or part performance of any contract to date.
8.6 Any discounts that are quoted will only be allowed if we receive payment within our stated payment terms, which are thirty days from the date of our invoice.
8.7 In the event of installation of tiles being postponed for any reason, the Goods will become due for payment 30 days from the date of delivery to site. Subsequent installation charges will become due for payment 30 days after installation completion date.
9. Ownership of Goods: You will own Goods only once we have received payment in full of all sums owed by you. Until such time you must keep such Goods separate from your property, clearly identified as our property, and insured to their full reinstatement value. The proceeds of any insurance claim will belong to us. In the circumstances set out in clause 8.5 you shall allow us to enter your premises at any time in normal business hours to recover and / or resell the goods.
10. Cancellation and return of Goods
10.1 You may only cancel a Contract with our prior written consent and on the basis that you will indemnify us against any costs or consequent losses.
10.2 The return of Goods will not be accepted for any reason without prior written consent and you will pay any consequential costs.
10.3 Should any Goods be returned to us for reasons outside of our control then a discretionary 30% restocking charge will apply which will exclude carrier costs, which will be charged extra.
10.4 We cannot accept returns of any tiles that have been manufactured to a special colour order.
INSTALLATION AND PROJECT MANAGEMENT CHARGES
All installations are quoted subject to prior site survey.
All work relating to installation and project management is quoted on the understanding that the site area will be clear and ready for TVFC to commence work upon arrival on site.
A minimum of 72 hours notice must be given if it is necessary to cancel an installation. Failure to do so will result in a charge of 50% of the quoted installation fee.
If we are unable to commence installation once we have arrived on site for any reasons beyond our control these delays or cancellations will result in a charge of 75% of the quoted installation charge.
It is the customer’s responsibility to ensure that the materials are within the immediate vicinity of the work area and that they have been stored in accordance with our installation guidelines.
Unless otherwise advised in writing prior to commencement of work it is the customer’s responsibility to provide adequate facilities for the disposal of all waste material and packaging.
Ecotile Limited standard charges are based upon installations of 8 hours between the hours of 8am and 6pm Monday to Friday, and are quoted subject to a site survey being undertaken prior to installation, as follows:
Daily Rate £695 for 2/3 fitters including travelling time OR
£5.00 per m² for 150m² to 500m²
£4.00 per m² for projects over 500m²
Esd installations £6.00/m² to include installation of grounding kit
For projects with a high percentage of cutting please per day rate or refer to Ecotile for a quote.
Rate for non-standard work / extras
Lifting old floor coverings – Add £1/m² (plus cost of skip for disposal if necessary)
Gluing of EcoTile – Add £1/m²
Moving of equipment, furniture etc. – 0.50p/m²
There is an additional charge for installations undertaken during the following times:
Mon - Fri 6pm – 8am / Sat & Sun 8am – 4pm: add extra £1.50 per m²
Sat & Sun 4pm – 8am / Bank Holidays: add extra £2.50 per m²
Interruptions & Delays: Our quote for installation will be a fixed price unless we are unable to complete the installation within the specified time due to factors beyond our control such as other tradesmen being given priority to the work area thus preventing uninterrupted access to complete installation, interruptions caused by fire alarms, security alerts or industrial action, the site not having been cleared prior to start of the installation, site inductions etc. Ecotile Ltd reserve the right to make additional charges for all extra hours that may be incurred in addition to the standard 8 hour working day as a result of any circumstances as detailed above. All charges will be based on the following fee scale.
|
DAYS |
TIMES* |
Additional Cost |
|
Mon – Fri |
0800 to 1800 |
£27.50 per hour / per fitter |
|
All other times |
|
£40 per hour / per fitter |
General and Law: These conditions and any contract between us shall be subject to and construed in accordance with English law.