|What these Terms cover. These are the terms and conditions ("Terms") which apply to any order placed by you (referred to as the "Client" in these Terms) for the services referred to in clause 4.1 (the "Services") to be provided by your local independent Tile Doctor Applicator (the "Supplier"). The Supplier operates under licence from Tile Doctor Limited, a company incorporated in England and Wales with company number 05722369 and whose registered office is at Dryades House, Sylvan Close, Oxted, Surrey, RH8 0DX. The business of the Supplier is independently owned and operated with the individuals trained in the application and use of Tile Doctor products. Tile Doctor Limited are not responsible for any action or omissions of the Supplier. By placing an order with the Supplier both the Client and the Supplier agree to be bound by these Terms and acknowledge that they will not be entitled to bring any claim against Tile Doctor Limited as a result of the Services.
|Why you should read these Terms. Please read these terms carefully before you place an order with the Supplier. These terms tell you who the Supplier is, how the Supplier will provide the Services to you, how you and the Supplier may change or end the contract, what to do if there is a problem and other important information.
|Are you a business customer or a consumer? In some areas you will have different rights under these Terms depending on whether you are a business or consumer.
You are a consumer if:
|• You are an individual.
|• You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
|Provisions specific to consumers only are in blue and those specific to businesses only are in green. Provisions applying to both consumers and businesses are in black.
|If you are a business customer this is the entire agreement between you and the Supplier in respect of the Services. The Client acknowledges that the Client has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in these Terms and that the Supplier shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
|Information about the Supplier and contact details
|Who is the Supplier. Tile Doctor Ltd will provide you with the contact details of the Supplier once it has determined the nearest applicator to your location.
|How to contact the Supplier. You can contact the Supplier through Tile Doctor Ltd on 0345 512 0122 or directly with their contact information which will be provided once we have determined your nearest applicator.
|How the Supplier may contact you. If the Supplier has to contact you it will do so by telephone or by writing to you at the email address or postal address you provided in your order.
|"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
|The Supplier's contract with you
|How the Supplier will accept your order. You can order the Services based on the Supplier's quotation, provided the quotation is still valid in accordance with these Terms.
|If the Supplier is unable to accept your order. If the Supplier is unable to accept your order, it will inform you of this when you place your order. This might be (but is not limited to) because of unexpected limits on the Supplier's resources which we could not reasonably plan for, because the Supplier has identified an error in the Price or quotation or because the Supplier is unable to meet a delivery deadline you have specified.
|Formation of the Contract. Once the Supplier has accepted your order either by written acknowledgement, by accepting a deposit of the Price, or by commencing 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.
|The Supplier provides a cleaning and sealing service for tile, stone and grout (the "Services").
|The Services shall be carried out by the Supplier in a professional and workmanlike manner using reasonable skill and care. However, 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 which can impact on the end results.
|If the Services do not comply with the warranty in clause 4.2, the Supplier shall, in its sole discretion, refund all or such part of the Price you have paid at that date or it shall perform the Services again.
|All complaints about the Services provided must be made in writing to the Supplier to the address set out in clause 2.2 within 14 days of completion of the Services. After this time period you will be deemed to have accepted the Services and the Supplier shall not be obliged to consider any complaint.
|Upon receipt of a formal written complaint or email within the stated 14 day period, the Supplier will respond within 14 days of receipt of the complaint and will fully investigate the complaint within 28 days of receiving the same.
|The Client acknowledges that due to the nature of the work carried out on floor restoration, there may be certain water damage to fixed items such as (but not limited to) skirting boards, kitchen plinths and rosettes. Although the Supplier will take reasonable care in carrying out the Services, you may need to arrange independently for some re-painting, sanding or polishing if required after the Services have completed. Any such work will be carried out by the Client at the Client's own expense (save in respect of a breach of clause 4.2).
|The Supplier is a self employed professional trained in the application of Tile Doctor products. However, any complaint regarding the quality of work and finished services is between the individual Supplier and you as their customer and, for the avoidance of doubt, is not the responsibility of Tile Doctor Ltd.
|The Client acknowledges that when dealing with tile replacement on loose or broken tiles it is not always feasible to obtain a matching tone especially on antique tiles and that it shall not be a breach of contract if there is not an exact tonal match to the existing tiles.
|The Price and Payment
|The Supplier's quotation. The Supplier shall provide the Client with a quotation and an estimate of the charges (the "Price").
|How long is a quotation valid? Any quotation provided by the Supplier under clause 5.1 above shall be valid for a period of 30 days only from its date, provided the Supplier withdrawn it.
|Deposit. 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 for preformation of the Services can be booked. The Client shall pay the balance of the Price on the date of completion of the Services by the Supplier and the Supplier will invoice the Client for the balance of the Price.
|Cleared funds and information required. The Supplier shall not commence work until it has received from the Client in cleared funds the payments due under clause 5.3. The Supplier may also need certain information from you so that it can supply the Services to you, for example, age of the existing tiles. If so, this will have been stated in the quotation. If you do not give the Supplier and such information prior to the Services being performed or if you give the Supplier incomplete or incorrect information, it may either end the contract or it shall be entitled to make an additional charge of a reasonable sum to compensate it for any extra work that is required as a result. The Supplier will not be responsible if quality of performance is caused by you not giving it the information it has requested and you wish the Supplier to continue.
|VAT. 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 applicable rate on the date of performance of the Services.
|How can you pay? 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).
|The Supplier can charge interest if you pay late. If you do not make any payment to the Supplier by the due date the Supplier may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay the Supplier interest together with any overdue amount. You 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.
|[The Client will be given at least 14 days prior written notice of any changes in the Price.]
|The Supplier's right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by within 7 working days.
|What to do if you think an invoice is wrong. If you think an invoice is wrong please contact the Supplier promptly to let it know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved the Supplier will charge you interest on correctly invoiced sums from the original due date.
|Your rights to end the contract
|You can always end your contract with the Supplier. Your rights when you end the contract will depend on whether there is anything wrong with the Services, how the Supplier is performing, when you decide to end the contract and whether you are a consumer or business customer:
|6.1.1 - If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Services re-performed or to get some or all of your money back), see clause 10 if you are a consumer and clause 11 if you are a business;
|6.1.2 - If you want to end the contract because of something the Supplier has done or has told you it is going to do, see clause 6.2;
|6.1.3 - If you are a consumer and have just changed your mind, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
|6.1.4 - In all other cases (if the Supplier is not at fault and you are not a consumer exercising your right to change your mind), see clause 6.7 OR clause 6.8.
|Ending the contract because of something the Supplier has done or is going to do. If you are ending a contract for a reason set out at 6.2.1 to 6.2.5 below the contract will end immediately and the Supplier will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:
|6.2.1 - the Supplier has told you about an upcoming change to the Services or these terms which you do not agree to;
|6.2.2 - the Supplier has told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
|6.2.3 - there is a risk that supply of the Services may be significantly delayed because of events outside of the Supplier's control;
|6.2.4 - the Supplier has suspended supply of the Services for technical reasons, or notifies you that it is going to suspend them for technical reasons, in each case for a period of more than 3 weeks; or
|6.2.5 - you have a legal right to end the contract because of something the Supplier has done wrong.
|Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for services not yet performed you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.
|When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of Services, once these have been completed, even if the cancellation period is still running.
|How long do consumers have to change their minds? If you are a consumer you have 14 days after the day the Supplier accepts your order of the Services. However, once the Supplier completes the Services you cannot change your mind, even if the period is still running. If you cancel after the Supplier has started the Services, you must pay the Supplier for the Services provided up until the time you tell the Supplier that you have changed your mind.
|Change of date by consumers. If the Client requests a change of date for performance of the Services you must give the Supplier at least 4 days’ written notice. If fewer than 4 days’ notice is given, and the cancellation period is still running, the Supplier shall at its sole option either agree a new date for performance of the Services, or may either treat the contract as ended and if the contract ends, any advance payments will be refunded to the Client. If the cancellation period is no longer running and fewer than 4 days’ notice to change the performance date is given, the Supplier shall be entitled end the contract and no refund of the advance payment will be made.
|Cancellation without notice. If no notice is given by a Client who wishes to cancel the contract, 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. Such amount shall be deducted from any advance payments.
|Ending the contract where the Supplier is not at fault and there is no right to change your mind. Even if the Supplier is not at fault and you are not a consumer who has a right to change their mind (see clause 6.1), you can still end the contract before it is completed, but you may have to pay the Supplier compensation. A contract is completed when the Supplier has finished providing the Services and you have paid for them. If you want to end a contract before it is completed where the Supplier is not at fault and you are not a consumer who has changed their mind, just contact the Supplier to let it know. The contract will end immediately and if the contract ends during the first seven days after the order is placed you will be refunded all advance payments you have made. If the contract ends 8 or more days after the order is placed, there will be no refund of advance monies. If there is no right to change your mind and you cancel the contract without notice you 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.
|Change of date by business customers. The Client must give a minimum of 4 days’ written notice to the Supplier if you wish to change the date upon which the Services are to be carried out. If fewer than 4 days’ notice is given, the Supplier may either treat the contract as ended or the Supplier shall be entitled adhere to the initial date for performance Service and should the Client not be available to allow access to your premises, you will be responsible for the charges referred to in clause 6.8 above.
|How to end the contract (including if you are a consumer who has changed their mind)
|To end the contract, please contact the Supplier directly using the contact information provided. Please include your name, home address, details of the order and, where available, your phone number and email address.
|If the Price has been paid before the Services have completed and the contract ends, the Supplier will refund the Price but may deduct from any refund an amount for the supply of the Services for the period for which it was supplied, ending with the time when you told the Supplier you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
|When your refund will be made. The Supplier will make any refunds due to you as soon as possible and where you are a consumer within 14 days of your telling us you have changed your mind.
|Our rights to end the contract
|The Supplier may end the contract if you break it. The Supplier may end the contract at any time by writing to you if:
|8.1.1 - you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;
|8.1.2 - you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services; or
|8.1.3 - you do not allow us access to your premises to supply the Services.
|You must compensate the Supplier if you break the contract. If the Supplier ends the contract in the situations set out in clause 8.1 it may retain the deposit as reasonable compensation for the net costs it will incur as a result of your breaking the contract.
|If there is a problem with the Services
|How to tell the Supplier about problems. If you have any questions or complaints about the Services, please contact the Supplier on the address given in the quotation.
|Your rights if you are a consumer
|If you are a consumer we are under a legal duty for Services to conform with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
|Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
As we provide services, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
b) If you haven't agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
See also clauses 6.2 to 6.7.
|Obligations of the Client
|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.
|The Client shall ensure the area referred to in clause 11.1 is cleaned and clear of all furniture and other obstacles before the arrival of the Supplier's representatives, agents, sub-contractors or employees. The Supplier will not be liable for any loss or damage to items that hinder access to the relevant floor or for any assistance in removing such items.
|The Client will fully co-operate with the Supplier in the completion of Services.
|The Client acknowledges that in order to obtain the best results the Client must use the 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:
|11.4.1 - requires the Services to be performed using products other than those products recommended by the Supplier or in addition to the Supplier's products; or
|11.4.2 - directs or instructs the Supplier as to how performance should take place.
|The Supplier may perform any deep clean or cleaning of any antique, delicate or valuable items as the Client requires but this will be at the Client's own risk.
|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 reasonably 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.
|If you are a business client you 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.
|If you are a consumer then you shall be responsible for reimbursing the Supplier for any monies it has to pay or costs it incurs including any compensation to people who are not a party to these Terms and any associated costs including legal fees as a result of following your instructions whilst carrying out the Services. For instance, if you ask the Supplier move bulky furniture and this causes accident or injury to another person, you must repay the Supplier for any monies it pays in compensation to that third party.
|THE CLIENT'S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CLAUSE
|Our responsibility for loss or damage suffered by you if you are a consumer
|The Supplier is responsible to you for foreseeable loss and damage caused by the Supplier. If the Supplier fails to comply with these terms, the Supplier is responsible for loss or damage you suffer that is a foreseeable result of it breaking this contract or it failing to use reasonable care and skill, but it is not responsible for any loss or damage that is not foreseeable or is excluded by these Terms. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Supplier and you knew it might happen, for example, if you discussed it before the order was placed.
|The Supplier does not exclude or limit in any way the Supplier's liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by the Supplier's negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products 15.3
|When we are liable for damage to your property. You acknowledge the exclusions in clauses 4.5 to 4.7 and subject to these, the Supplier will make good any damage to your property caused by it while doing so. However, the Supplier is not responsible for the cost of repairing any pre-existing faults or damage to your property that it discovers while providing the Services or where you have failed to remove items that could reasonably be expected to be removed prior to the Services commencing to allow un obstructed access.
|We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. You may not use the products for any commercial venture.
|Our responsibility for loss or damage suffered by you if you are a business. Nothing in these terms shall limit or exclude our liability for:
|13.5.1 - death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
|13.5.2 - fraud or fraudulent misrepresentation;
|13.5.3 - breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982; or
|13.5.4 - any matter in respect of which it would be unlawful for us to exclude or restrict liability.
|Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
|Subject to clause 13.5:
|13.7.1 - we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
|13.7.2 - our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the Price.
|How the Supplier may use your personal information
|Other important terms
|The Supplier may transfer this Agreement to someone else. The Supplier may transfer its rights and obligations under these Terms to another organisation. It will tell you in writing if this happens and it will ensure that the transfer will not affect your rights under the contract.
|You need the Supplier's consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if the Supplier agrees to this in writing.
|Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and the Supplier. Tile Doctors Limited may have the right to enforce the Terms to the extent that they confer a benefit on it (such as confidentiality). No other person shall have any rights to enforce any of its terms.
|If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
|Even if the Supplier delays in enforcing this contract, it can still enforce it later. If the Supplier does not insist immediately that you do anything you are required to do under these terms, or if the Supplier delays in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you do not make a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
|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.
|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.
|Which laws apply to this contract and where you may bring legal proceedings. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
© Tile Doctor Ltd.
Last revised 28th May 2019