Terms & Conditions
GENERAL TERMS & CONDITIONS
It is the customers responsibility to ensure the rooms in which the furniture has adequate space to build the agreed furniture. Any waiting time due to space being made whilst we are at the property is chargeable at the rate of £30 per hour / man. All items of furniture must be located in the room in which they are to be assembled. Any moving of boxes of furniture is chargeable unless agreed upon beforehand in the quotation we provide you. The customer is liable for ensuring that all furniture or parts that we have quoted to assemble are available when the workmen attends the customer premises to assemble the furniture. All quotes based on the job being completed in one day unless otherwise explicitly stated by us. Payment is due before we leave the customers property. The quote we provide is based on there being adequate space for the items of furniture to be built. All extra modification work needs to be declared in advance so our price can be amended accordingly. IKEA PAX – if your PAX wardrobe has less than the recommended ceiling clearance for construction and requires an upright build, you must tell us in advance so we can quote accordingly. Otherwise our quote will be for the PAX being built on the floor. The PAX sliding door wardrobes also need adequate clearance of at least 15cm on one side to allow for the correct fitting of the doors.
Removal of waste packaging: (see 17.1) Please ask for a quote to remove packaging in advance. We do not fix furniture to the wall. If we cannot build the customers furniture due to the above conditions, then the quote still must be paid in full.
1.1 In these terms and conditions (which are referred to in this document as “these terms”), “Customer” means the customer for whom the Works are to be carried out by Flat Pack Wales “FPW” means Flat Pack Assembly Services or Flat Pack Wales. “Contract” means the agreement between the Customer and FPW to carry out the Works of which these terms form a part and (where these terms are a schedule to a signed agreement between the Customer and FPW (“the Agreement”)) the Agreement, “Works” means the works described in FPW’S estimate or Quotation and/or as referred to in FPW’S Work Detail Sheet or any other document or email issued by FPW, as may be varied by agreement in writing between the parties. For the purposes of these terms, “in writing” includes by email and any document which is set out in a hand held device and any signature on a hand held screen shall be treated as in writing. In these terms words importing the masculine gender also include the neuter and the feminine gender and words importing the singular number include also the plural number, where the context so requires.
2.1 The Customer will be treated as an Account Customer or Non-Account Customer, according to FPW’S reasonable discretion.
2.2 All estimates and Quotations given by FPW, all orders and instructions given by the Customer, and all work authorisations, are governed by these terms. They supersede any other terms appearing elsewhere and override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the order or instructions or in any negotiations or in any course of dealing established between FPW and the Customer, except where these terms are a schedule to a signed or emailed Agreement between the Customer and FPW, in which event these terms apply only to the extent not inconsistent with that Agreement.
2.3 The Customer acknowledges that FPW has not made any representations (other than any expressly stated in the Contract and/or in FPW’Ss estimate or Quotation), which have induced it to enter into the Contract, and the Contract shall constitute the entire understanding between the Customer and FPW for the performance of the Works (and detailed in paragraph 4 below).
2.4 No modification to the Contract shall be effective unless made by an express written agreement or email exchange between the parties. The signing on behalf of FPW of any documentation of the Customer shall not imply any modification of the contract.
2.5 Nothing in this Contract is intended to confer on any person or any right to enforce any term which that person would not have but for The Contracts (Rights of Third Parties) Act 1999. Accordingly, a person who is not a party to this Contract shall have no rights under that Act to enforce any of its terms, but this does not affect any right or remedy of such person, which exists or is available apart from that Act.
3.1 Any estimate which may be given either verbally or in writing by FPW is subject to withdrawal by FPW at any time before receipt of an unqualified acceptance from the Customer and shall be deemed to be withdrawn unless so accepted within twenty eight (28) days from its date
3.2 Unless otherwise specified by FPW in the relevant estimate, an estimate is not a firm or fixed price quotation. It is an estimate of the likely minimum cost of the Works, based on the information made available to FPW. FPW’SS final price will be calculated on the basis specified in the estimate, if any, or if none, in accordance with FPW’SS Schedule of Rates applicable at the time the Works are carried out and may be increased above (but not reduced below) the specified price. Furthermore, FPW reserves the right to increase the price before carrying out the Works by an amount equivalent to any increase to FPW in the cost of relevant materials, labour, equipment hire or transport since the date upon which FPW’SS estimate, written, emailed or oral, was given, save that if this would increase the estimated price by more than 10%, the Customer may cancel the Contract provided it does so before the Works are begun, any relevant materials are ordered or any relevant equipment is hired
3.3 FPW reserves the right to charge a fee for the collection of materials from its suppliers except with respect to work for which there is an estimate. If the collection occurs whilst FPW is on site, the time taken will be treated as an addition and charged at the relevant rate. If the materials are ordered for subsequent collection and delivery, a charge may be made by FPW of £50 plus VAT. Materials will be supplied at cost net after FPW discounts plus FPW normal mark-up to cover handling, stock maintenance etc.
3.4 FPW Pricing Schedule is available on line or can be supplied at the request of. The Pricing Schedule specifies fixed price and half hourly rates. Charges are made by the half hour, rounded up to the next half hour, there is therefore a minimum charge of one hour at £30.
3.5a Unless otherwise specified by FPW where the Customer is provided with a fixed price Quotation by FPW that fixed price shall be valid and open for acceptance within twenty eight (28) days unless a longer time is specified on the face of the Quotation and, if not so accepted within the designated period shall be deemed withdrawn. Any extra work not declared in the customers original request and not included in our fixed price quote such as modifications to furniture is chargeable at a £49 call out charge for the first hour plus £30 / hr per man. It is the customers responsibility to ensure furniture fits into the space required and is fit for purpose before we arrive. Any extra time we incur waiting for unplanned decisions is chargeable as per 3.4.
3.5b Before the commencement of work FPW reserves the right to require the Customer to pay an initial payment of 50% (or such greater sum if so required) against the full Quotation Value on all quoted Works above £1000.00
4.1 All descriptions, illustrations etc. contained in any catalogues, price lists or advertisements, or otherwise communicated to the Customer, are intended merely to present a general idea of the Works and nothing contained in any of them shall form a part of the Contract.
5.1 The price payable by the Customer is calculated as specified in paragraph 3 above and shall be stated on the Invoice or where no price is stated our current standard price for the services provided.
5.2 Unless otherwise stated, the price and all estimates and Quotations provided by FPW are shown inclusive of Value Added Tax at the prevailing rate.
6.1 Non-Account Customers: Payment by the Customer is due on completion of the Works or after each day of work carried out, FPW will judge the percentage of work done on the day and require that percentage of work on the day of works. Payment must be made on such completion. Payment can be made by cash, Visa, MasterCard or PayPal. Payments via PayPal,
6.2 Account Customers: FPW will seek to submit invoices to Customers within 1 day of completion of the Works and subject to paragraph 8 below, payment must be made by the Customer within 5 days after the date of issue of the invoice, unless other terms have been agreed.
6.3 The customer will remain liable for payment of the full cost of the original quote on the day of the attendance of the FPW team irrespective of whether the full list of furniture items is present. It is the customers responsibility to ensure they have all the items that we have quoted for at the property on the day we arrive. Any missing furniture built at a later date is treated as a new job and a new quote is required from us before work is carried out.
6.4 Snagging: Where the Works have been priced by way of a Fixed Price Quotation and have been completed subject to snagging, 95% of all amounts outstanding must be paid on such completion and the Customer must provide access to FPW without delay to enable the snagging to be finalised. The balance of 5% will become payable upon the finalization of the snagging or, if access has not been made available to carry out the snagging within 14 days of completion, at the expiry of such 14 day period.
6.5 Where the Customer is represented by a third party (such as a managing agent, contractor or other representative), in the event of non-payment by the Customer, the third party will be responsible for payment unless FPW has agreed otherwise in writing.
6.6 FPW shall be entitled to interest on a daily basis and reserve the right to charge such interest on any amount not paid on the due date for payment from such due date until payment in full at 5% above the bank of England base rate at the relevant time.
6.7 FPW shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the Works until payment has been made in full.
7.1 Dates specified for the commencement and completion of the Works are estimates only. FPW shall use all reasonable endeavours to ensure that it will attend on the date and time agreed. However, it accepts no liability in respect of non-attendance or late attendance on site or for the late delivery of materials. Time shall not be of the essence of the Contract except as provided for in paragraph 16 below.
8.1 The Customer shall inspect the Works as far as it is reasonably practicable to do so immediately upon their completion (though failure to countersign the relevant Works Detail Sheet shall not imply rejection of the Works) and if it considers that the Works or any part thereof are not in accordance with the Contract, it shall within 7 days from the date of inspection give detailed notice in writing thereof. In the absence of any such notice, the Works shall be conclusively presumed to be complete and free from any defect, which would be apparent on reasonable examination.
9.1 The Customer shall indemnify FPW against all actions, suits, claims, demands, losses, charges, costs and expenses which FPW may suffer or incur in connection with a claim by any third party resulting from a breach of the Customers obligations, undertakings, representations and warranties in connection with this Contract.
10.1 These terms set out FPW’S entire liability in respect of the Works and FPW’S liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities, expressed or implied, in respect of the Works and the quality thereof.
FPW’S liability shall be limited to:
11.1 The repair or making good of any defect pursuant to its undertaking in paragraph 13 below and subject always to paragraph 8 above.
11.2 Liability for death or personal injury resulting from negligence in the course of carrying out FPW’S duties, and
11.3 the reasonable costs of repair or reinstatement of any loss or damage to the Customers property if such loss or damage results from FPW’S negligence or that of its employees, agents, franchisees, or sub- contractors and the Customer incurs such costs, other than any contact entered in to between the customer and the fitter which is not quoted by FPW.
12.1 The Customer shall provide clear access to enable FPW to undertake the Works and will make all necessary arrangements with the proper persons or authorities for any traffic controls and signals or other permits or permissions required in connection with the carrying out of the Works. The Customer will at all times provide a safe working environment for FPW and its employees, agents, franchisees and sub-contractors for the purposes of carrying out the works. The Customer must obtain any permission for FPW to proceed over property belonging to third parties. The Customer shall indemnify FPW against all claims of whatsoever nature made by third parties arising out of the presence of FPW its employees, agents, franchisees or sub-contractors on the Customer’s property save where such claim results directly from negligence on FPW’S part. The Customers shall be liable to FPW for all loss of damage whether direct, indirect or consequential which is suffered by FPW as a result of failure or delay by the Customer in performing the obligations referred to above.
13.1 Subject to paragraph 8 above and the exclusions listed below, FPW undertakes to repair or make good any defect in completed work which appears within six months of completion of the same to the extent that such defect arises from a breach of FPW’S obligations under the Contract and provided that details of the defect are notified by the Customer to FPW in writing with such period that FPW and its insurers are given the opportunity of inspecting the work and the alleged defect. This undertaking shall only apply to work carried out and completed and invoiced by FPW and which is paid for by the Customer by the due date for payment ascertained in accordance with paragraph 6 above. If FPW returns to the site at the Customers request to review a claim under this undertaking and it transpires that the defect had not arisen as a result of a breach on the part of FPW, FPW reserves the right not to carry out any work under this paragraph where the Customer cannot evidence that the work originally carried out and completed by FPW or where payment has not been made in full for such work.
· Parts and materials will be provided only with the benefit of the manufacturer’s / supplier’s guarantee and are not guaranteed by FPW
· Systems or structures not installed by FPW
· Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to FPW prior to the work having been undertaken.
· Defects resulting from misuse, wilful act, or faulty workmanship by the Customer or anyone working for or under the direction of the Customer (other than FPW)
· Structural defects encompassing but not limited to subsidence and its resultant effect
13.2 In circumstances where FPW is unable to offer a guarantee FPW will notify the Customer before any work is carried out
14.1 FPW will use all reasonable endeavors to carry out the Works on the agreed dates but shall not be under any liability to the Customer if it should be either impossible or impracticable to carry out the Works on the agreed dates or at all, by reason of strike, lock out, industrial dispute, act of god or any other event or occurrence beyond FPW control.
15.1 The Customer shall be liable for:
· Any loss, damage or injury, whether direct or indirect or consequential, resulting from failure or delay in the performance of the Customer’s obligations under these terms
· Providing all necessary power and a clean water supply for FPW’S use in the execution of the contracted works
· The safety of both plant and machinery belonging to or hired in by FPW or its employees, agents, franchisees and sub-contractors and shall indemnify FPW against its loss, theft or damage
15.2 The Customer must let FPW know of any dangerous gases, liquids or other materials or of anything which the Customer believes may present a hazard or danger to any person who is due to carry out the Works before such work is started.
15.3 The Customer must provide FPW with all necessary details in respect of any relevant requirements specified by the Factory Inspectors or similar regulatory authorities.
16.1 If the Customer cancels the contract without FPW’S consent other than pursuant to paragraph 3.2 above, the Customer shall indemnify FPW against all loss, damage, claims or other actions arising out of such cancellation unless otherwise agreed in writing, and for the avoidance of doubt any such cancellation is without prejudice to FPW’S right to payment in accordance with paragraph 6 above
16.2 If the Customer wishes to cancel an appointment or FPW is unable to gain access to the Customer’s premises to carry out the Works the Customer will be liable to pay a minimum amount equivalent to the call-out charge and the charge due for the initial period of work time. This shall apply irrespective of the Works having been booked by the Customer or by someone acting on the Customers behalf e.g. tenant.
16.3 If the Customer cancels the Works to be undertaken pursuant to an estimate accepted by the Customer, subject to paragraph 3.2 above or pursuant to a Quotation subject to paragraph 3a above the Customer will be liable for a cancellation charge of 5% of the estimate price if the cancellation is made less than 14 days prior to the specified commencement date for the Works, 10% of the estimate price if the cancellation is made less than 7 days prior to the said specified commencement date and 20% of the estimate price if the cancellation is made less than 2 days prior to the said specified commencement date.
17.1 Unless agreed in writing between the parties, the Customer will be responsible for the removal from site of all waste materials and packaging resulting from the Works.
18.1 FPW are not responsible for drilling any securing anchors for furniture in walls. It is the responsibility of the Customer to provide anchor points and fix any furniture to them. We highly recommend that all furniture is anchored to a wall to prevent toppling.
19.1 All flat packed furniture must be placed in the room that FPW is required to assemble the furniture in by the customer before FPW arrives on site. Moving boxes into rooms will be charged extra unless otherwise agreed before FPW arrives on site. If FPW is required to move anything, we will accept no responsibility for any damage to the item or other property.
20.1 It is the customers responsibility to ensure all parts for any furniture that needs to be assembled are present at the time that FPW is required to assemble it. FPW reserves the right to charge the full agreed price if FPW arrives onsite and commences work only to find the work must be stopped due to missing parts. Any extra days assembly that is required is chargeable at normal rates.
21.1 In the unlikely event that FPW damages property during the assembly of products or whilst carrying out any other services provided by FPW, we will make good to a reasonable standard.
22.1 No waiver by FPW of any breach by the Customer shall operate as a waiver of any preceding or subsequent breach by the Customer. No variation shall be effective against FPW unless sanctioned in writing by FPW. No forbearance or delay on FPW’S part shall prejudice FPW’S rights and remedies under this contract.
23.1 If any provision set out in these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provisions held invalid shall not be effected.