1.1 In the Terms and Conditions, the following definitions apply:
‘The Company’ shall be taken to refer to Mark Antony & Sons Limited (Company Number 13967138, registered at Onega House, 112 Main Road, Sidcup, Kent, DA14 6NE)
‘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.
‘Premises’ shall mean the premises where the work under the relevant contract is to be carried out.
‘The Contract’ shall mean the relevant contract under which the Company is to provide the relevant work.
‘The Work’ shall mean the work to be undertaken or provided by the Company under the Contract.
1.2 Unless the context requires otherwise, reference to the singular shall include the plural and references to the masculine shall include the feminine and neutral genders and vice versa.
1.3 The Headings contained in these Terms and Conditions are for convenience only and do not affect their interpretation.
1.4 Reference to any legislation shall include such legislation as amended or re-enacted from time to time and whether before or after the date of formation of the relevant contract.
2 THE CONTRACT
2.1 These Terms and Conditions along with a Quotation shall be deemed to be the Contract between the Company and Client upon the Client’s acceptance of a Quotation.
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.
2.3 The Client agrees that placing an order for work (via acceptance of a Quotation provided by the Company) shall constitute the Client’s acceptance of these Terms and Conditions, which shall be incorporated into the Contract between the Client and the Company.
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.
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.
3.1 The Company uses metric measurements when calculating Quotations. Any telephone or other remote Quotations are to be used only as a guide by the Client and not as a final price. Final prices are on Quotations sent to the Client via email, using the Company’s official Quotation system.
3.2 Quotations for wood floor restoration services are charged per square metre and take into account the type and state of the floors and sub-floors in the Premises. Some flooring materials and flooring details may require more time and resources than initially estimated in the Quotation. In these cases, the Company retains the right to amend the Quotation at any time during the course of the Work. If such changes are needed, the Company will halt Work until such time as the Client agrees to the revised pricing.
3.3 The Company reserves the right to amend the Quotation, should the Client amend or vary the Client’s requirements.
3.4 Any differences in measurements of the actual sizes and sizes used for the Quotation will be discussed with the Client prior to the start of the work. In such case the Company shall be entitled to increase the price of the work by such amount as may be just and reasonable.
3.5 All telephone Quotations will be subject to reassessment after a viewing of the floors at the Premises.
3.6 The Company reserves the right to amend a Quotation if not accepted within 30 days.
3.7 The Company has a minimum charge of £450 + VAT per worker per project.
3.8 Whenever the Company is called to carry out an inspection of a finished project where the Client has stated a problem which is caused naturally (expansion or shrinking of the wood due to weather conditions, temperature, etc) or accidentally by the Client or a third party, a call-out charge of £100 + VAT will be made.
3.9 The Quotation (unless otherwise stated) excludes the clearing of waste materials and/or debris created by the Work.
4.1 All prices are exclusive of (and will be subject to) Value Added Tax (VAT) (where applicable) at the relevant VAT rate. Quotations and Invoices will show a breakdown of VAT.
5.1 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.
5.2 The Client shall provide adequate and accessible supplies of running water and electricity at the Premises to enable the Work to be carried out. The Client is also expected to provide toilet facilities. If such facilities are unavailable, the Company must be informed beforehand.
5.3 Sanding machinery used by the Company requires 240v of electric supply. The Client shall ensure that their power supply at the Premises can provide this level of electric power.
5.4 The Client shall advise the Company on availability of parking at the Premises prior to the commencement of Work. Where necessary, the Client will provide visitor parking permits to the Company to allow sufficient parking for its vehicles while the Work is being carried out.
5.5 The Client will reimburse the Company for any pay and display charges, congestion charges or other charges reasonably incurred in relation to carrying out the Work. These charges are in addition to the amount contained in any Quotations.
6 PAYMENT, PRICING & EXTRAS
6.1 Payments are accepted in cash (up to £10,000 only) and/or bank transfer and/or debit/credit card. Cheques are not accepted.
6.2 Unless otherwise agreed or stated to the contrary in the Quotation, a 50% deposit is due on the day of booking the Work. The deposit payment is non-refundable if the Client decides to cancel a project after workers have arrived on site. The Company shall not be obliged to commence and/or continue work at the Premises unless and until the deposit has been paid.
6.3 Unless otherwise agreed or stated to the contrary in the Quotation, the remaining payment of 50% plus the cost of any extra or additional work requested or of any variations requested shall be due on the date for the completion of the work. The Client should make payment via bank transfer or credit card (online or via card reader) before the workers leave the Premises at the end of the project.
6.4 The Company reserves the right to charge simple interest upon any overdue sums, at the rate of 8% per annum, with interest to be computed on a daily basis.
6.5 All bank charges incurred during payment are to be borne by the Client.
6.6 The Company reserves the right to stop work and/or cease to continue work and remove its workers from the Premises if any payment is wholly or partially unpaid and/or continues to remain unpaid.
6.7 The Company reserves the right to stop work and/or to cease to continue work and to remove its workers from the Premises in the event that the Client is subject to any insolvency procedure (to include but not be limited to the appointment of an administrator and/or an administrative receiver, the service of a statutory demand, the presentation of a bankruptcy and/or winding up petition. and the proposing of an arrangement general creditors). The Company shall also be entitled in such circumstances by service of notice in writing upon the Client and/or upon a relevant insolvency office holder to terminate the Contract immediately.
6.8 The Company reserves the right to amend the price of the Contract by such amount as may be just and reasonable if the price has been computed upon a misrepresentation made by or on behalf of the Client.
6.9 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 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.
7 CONSUMER CONTRACTS (INFORMATION, CANCELLATION & ADDITIONAL CHARGES) REGULATIONS 2015
7.1 Where the Regulations apply, notice of statutory cancellation rights are set out below:
Right to Cancel
If the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2015 apply to the relevant contract between yourself and the Company, you will have the right to cancel the contract within a relevant 14 day period without giving any reason.
The cancellation period will expire after 14 days from the date of the Contract or from the date you first receive this notice, whichever shall be the latter.
To exercise the right to cancel, you must inform the Company of your decision to cancel the Contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the below model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of Cancellation
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 shall remain responsible for).
The refund will be made without undue delay and not later than 14 days after the day on which the Company is informed about your decision to cancel this contract.
You will receive the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any costs as a result of the reimbursement.
Model Cancellation Form
“To Mark Antony & Sons Ltd, Onega House, 112 Main Road, Sidcup, Kent, DA14 6NE:
I/We hereby give notice that I/we cancel my/our Contract for the supply of the work at the below site via your Company, Mark Antony & Sons Limited.
Name of consumer(s): ____________________
Address of consumer(s): ________________________________________
Site address: ________________________________________
Contact telephone number (optional): ____________________
Signature of consumer(s) (only if this form is notified on paper): ________________________________________
8 WORK ISSUES
8.1 Repairs & Existing Damage & other related issues
8.1.1 Minor repairs (including but not limited to fixing down loose boards, filling 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 but not limited to nailing down all nails or screws, subfloor repairs, etc) will only be made after instruction by the Client and shall in such case be chargeable to the Client as an additional cost above the Quotation.
8.1.2 The Company reserves the right to charge a reasonable sum as an extra in respect of any work 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 the Quotation was based. An example of such a situation would be where there is unforeseen work required to areas which were covered in carpets or other floor coverings or hidden by furniture at the time of the pre-contract inspection.
8.1.3 The colour and quality of any wood timber provided by the Company under the Contract for repairs shall be in accordance with market availability in terms of quality, age, colour and grain.
8.1.4 Accordingly the nature of the wood timber provided under the Contract for repairs cannot be guaranteed to be the same colour and shade etc as existing ones.
8.1.5 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.
8.1.6 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 prior to the start of the Work.
8.1.7 The Company shall not be responsible for any odours arising during and/or after the Work where this is due to factors such as lack of ventilation and/or appropriate heating. Clients are advised to keep windows/doors open whenever possible during and immediately after the Work to avoid odours/fumes collecting.
8.1.8 The Company shall not be responsible for any damage caused as a result of placing furniture by the Client on the floor within 72 hours following the application of the last coat of varnish or oil on the floor. The Company will provide aftercare guidelines for the Client’s consideration.
8.2 Gap Filling
8.2.1 Due to the natural movement of the wood (expansion or shrinking due to weather conditions, heating pipes, etc) or exposure to extreme humidity or traffic load, gap filling cannot be guaranteed by the Company and the Company cannot be held responsible if the filler should fail at any time due to such reasons.
8.2.2 When a slivers gap filling method is used, the Company cannot guarantee that the slivers used to fill the gaps can be an exact match to the existing floor. Every piece of wood is unique and will vary in colour, grain, shade etc.
8.2.3 The edges and/or gaps between the floor and the walls and/or skirting boards are not included in Quotations unless otherwise stated. Such gap filling is subject to additional charges.
8.2.4 Gaps between risers and steps on a staircase are not included in a Quotation unless otherwise stated. Filling these gaps will incur additional charges.
8.3 Floor Sanding
8.3.1 It is the Client’s responsibility to ensure that rooms in the Premises are empty of furniture and persons at the start of the Work. All effects that might be damaged by the sanding process (including but not limited to paintings, artwork, etc.) should be removed from work areas.
8.3.2 If rooms are not left empty, the Company cannot be held liable for any damage that occurs due to the moving of furniture and cannot guarantee a uniform finish.
8.3.3 The sanding process used by the Company is materially (estimated at 95%) dust-free. Small amounts of fine dust will be produced. Where it is necessary to use hand sanders (such as on stairs, small landings, corners and edges of rooms) or make repairs this may increase the amount of dust produced by the Work. The Company shall not be held responsible for any damage caused by dust emanating from the Work.
8.3.4 The Company shall take all reasonable care to avoid sanding through to the floor’s base layer but cannot be held responsible in the event of such damage as a result of the floor’s top layer being thin.
8.3.5 Although reasonable care will be taken by the Company, due to the nature of machine and finishing work, decoration and skirting may be liable to marking. The Company cannot be held responsible for this nor for the cost of redecoration of walls or skirting boards.
8.3.6 Sanding of stairs includes sanding and/or finishing of the flats and risers only. Sides, poles and/or handrails will be treated as an extra unless specifically stated in the Quotation.
8.4 Colouring & Staining
8.4.1 Colour samples applied to a floor are a small representation and there will be slight colour or shade variations when applied over a larger area.
8.4.2 Once a colour has been agreed, verbally or otherwise, by the Client any changes made after the finishing process has begun will be chargeable as an extra.
8.4.3 It is the Client’s responsibility to check the colour at the moment of application. Any recolouring will be chargeable as an extra.
8.4.4 Due to the nature of stain application technique, skirting boards may be marked during the staining process. The Company cannot be held responsible for any marking or redecoration required as a result.
8.4.5 Complete uniformity of colour is not always possible when finishing a floor by hand. The Company cannot be held responsible for variations in colour, providing all necessary precautions have been taken.
8.5 Finishing & Maintenance
8.5.1 The Company will apply a minimum of one coat of professional-grade primer and two coats of professional-grade lacquer or two coats of oil or hard wax, depending on the Client’s choice. The number of coats of finish will be stated in the Quotation. Additional coats are available on request at extra cost.
8.5.2 Whilst the Company will exercise reasonable skill and care, hand-applied finishes may not show complete uniformity for many reasons. Recoating at the Client’s request will be chargeable as extra.
8.5.3 The longevity of the finish applied by the Company is depending on traffic conditions/usage and upon standard of maintenance implemented by the Client. The Company will provide maintenance recommendations to the Client upon completion of the Work.
8.5.4 Lacquers are generally touch-dry in 1-2 hours. Oils are general touch-dry in 6-8 hours. The duration of drying time may vary depending on the manufacturer and weather conditions. It is the Client’s responsibility to make arrangements as necessary so as to avoid contact or other interference with the floors during the drying process.
8.5.5 Lacquers require up to 7 days’ curing time and should be protected whilst curing. Floors should not be exposed to heavy foot traffic or covered with plastic sheets, rugs or any other floor coverings during this time.
8.5.6 Floors should not be covered, nor furniture replaced, until the curing process is complete. The Company cannot be held responsible;e for marking to floors after the Work has been completed and accepted by the Client.
8.5.7 It is not the responsibility of the Company to protect floors after completion of Work.
8.5.8 The Company reserves the right at its reasonable discretion to change the job specification on site as may be reasonably necessary in order to provide the most appropriate or suitable finish for the floor.
8.6 Hours of Work
8.6.1 Where possible, hours of work will be between 8am and 6pm Monday to Friday. However, due to the nature of the finishing process, representatives of the Company may need to make site visits outside of these hours.
8.7 Rubbish Removal & Disposal
8.7.1 Rubbish (including but not limited to sawdust produced in the sanding process, product packaging, removed and/or damaged floor boards and timber pieces, carpets, floor covers and underlays) removal is not included in the Quotation unless otherwise stated. It is the Client’s responsibility to arrange for disposal of rubbish.
9 POSTPONEMENT & ACCESS
9.1 The Company reserves the right to charge an administration fee of £100 + VAT in the event that the start date is postponed by the Client.
9.2 The Client will provide reasonable access to the workers to the Premises and will, as far as possible, provide reasonable loading/unloading facilities and reasonable routes for the transportation of machinery, equipment and materials to relevant working areas.
9.3 Children and pets must be removed and kept away from the work area at all times. If the premises are to be occupied during the work, windows and doors must be kept open to ensure clean air. Clients are advised to keep windows/doors open while finishes are drying, even after Work has been completed.
9.4 To assist, the workers may in their discretion move small items of furniture on site. Such assistance may however not be provided including upon considerations of Health and Safety of the workers. Furniture requiring more than one person to move will not be moved by the workers on site, unless agreed in advance. Furniture or other items moved by the workers is not covered by the Company’s insurance and the Company cannot be held responsible for any damage caused.
9.5 The Client shall be responsible for ensuring that where reasonably required or necessary a representative of the Client with relevant authority will be present on the Site during the carrying out of the work, particularly on completion in order for the works to be checked and received.
10.1 Any complaints should be made or confirmed to the Company in writing.
10.2 The Company will investigate any complaint and attempt to resolve the matter to the satisfaction of the Client.
10.3 The Client agrees to allow the Company to return to 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 agrees to undertake (which will be without any acceptance of legal responsibility on the part of the Company).
11 TIME FOR COMPLETION OF WORK
11.1 Any time or date provided for the completion of the Work shall be an estimate only and the only obligation of the Company is to use its reasonable endeavours to complete the work within any estimated time or date of completion.
11.2 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-deliver and/or non-availability and/or disruption of supply of material or other required items, the breakdown of any necessary equipment, or power cuts or the failure of the power or water supply at the Premises.
11.3 Without prejudice to Clause 11.2, 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.
11.4 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 or other problems which are beyond the Company’s control, the workers may arrive with a delay.
11.5 The duration of the works estimated in the Quotation is based on the assumption that a 1-2 man team will be assigned. The time might vary significantly dependent on the number of team members available to start any project. Any estimated duration is to be taken as a rough estimate.
12 EXCLUSION / LIMITATION OF LIABILITY
12.1 The Company shall not be held responsible for any indirect or consequential loss and/or for any loss of profits on the part of the Client resulting from any breach of contract on the part of the Company.
12.2 Without prejudice to clause 12.1, the liability of the Company for any breach of contract shall be limited to two times the price to be paid by the Client for any relevant work to be carried out under the Contract.
12.3 The limitation of liability under clauses 12.1 and 12.2 shall not apply to any liability for which it is not legally possible for the Company to contract out of, to include in respect of any claims for personal injury and/or for fraud.
12.4 Whilst the Company will make every effort not to damage any of the Client’s belongings, accidents do happen. Identical replacement may not be possible. For this 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 removed from the work area.
12.5 Without prejudice to clause 11.5, in case of any damage to the Client’s property, the Client agrees to permit the Company (if the Company shall so require and without any acceptance of any liability on the part of the Company) at its own cost and expense to repair or replace the property in question (with any replacement to be a reasonable substitute), and the Client will provide reasonable access for this purpose.
12.6 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 finished floors.
12.7 Without prejudice to the other exclusions, the Company shall not be liable for any accidental damage to any items of property worth £50 or less.
12.8 Without prejudice to the other exclusions, the Company shall not be responsible for any accidental damage to the Premises which shall cost less than £75 to remedy.
12.9 The Company shall not be liable for accidentally punching or nailing a water or gas pipe whose location was not reasonably known to the workers.
12.10 Each sub-clause in this condition 12 shall be separate and independent from each other. In the event that any sub-clause shall be declared invalid by a Court of competent jurisdiction, this shall not affect the operation of any other sub-clause of this condition 12.
13 DATA PROTECTION
13.1 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.
14 SUPPLEMENTARY TERMS
14.1 The provisions of this Contract are not intended to confer any benefit upon third parties and the provisions of the Contracts (Rights of Third Parties) Act 1999 are hereby expressly excluded from this Contract.
14.2 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 Clients and will be posted on the Company’s website.
14.3 All notices under this Contract are to be made or confirmed in writing. Notices may be served upon the last known home or business address of the party to be served. Notices may be served by post, email or any other reasonable method. Notices served by post (which are not returned by the Post Office) shall be deemed to have been served in the ordinary course of post, which in case of a United Kingdom address shall be 2 working days after the date of posting.
15.1 Any work undertaken by the Company is covered by Public Liability Insurance and Employers Liability Insurance.
16 CHOICE OF LAW
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.