For the purpose of these Terms and Conditions the following words shall have the following
meanings:
(a) “The Company” shall mean 3Flo Limited.
(b) “The Customer” shall mean the person or organisation for whom the Company agrees to carry out works &/or supply materials.
(c) “The Operative or Engineer” shall mean the representative appointed by the Company.
1. Applicability
These Terms and Conditions apply to all arrangements, agreements and understanding or contracts whether written or oral between the Company and the Customer. The Terms and Conditions included herein shall take precedence over any other terms and conditions from any other source unless agreed in writing by the Company.
2. Booking Deposits
Booking deposits – the company requires a housing deposit in order to secure a start date. A project is only confirmed upon receipt of the invoice amount.
3. Payment Terms
All invoices are due for payment immediately upon delivery and must be paid upon receipt of invoice, or they will incur interest on a daily basis at the rate of 4% over the base rate until payment in full is received by the Company. All payments must be made by bank transfer or guaranteed cheque, post project completion.
4. Estimates / Hourly and Fixed Rate of Work
All prices quoted exclude VAT unless otherwise stated. VAT will be charged on the invoice for all goods and services provided and will be at the prevailing rate.
Where a written estimate has been supplied to the Customer the total charge to the Customer referred to in the estimate should not exceed the amount but may be revised in the following circumstances:
(1) if after submission of the estimate the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the estimate.
(2) if after submission of the estimate there is an increase in the price of materials.
(3) if after submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared.
(4) if after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.
The Company shall not be under any obligation to provide an estimate to the Customer and shall only be bound (subject as hereinafter) by estimates given in writing to the Customer and signed by a duly authorised representative of the Company. The Company shall not be bound by any estimates given orally or in which manifest errors occur.
The Company reserves the right to pass onto the Customer any additional costs incurred by them in respect of goods and services requested during the project.
Whilst the Company has taken all reasonable steps to ensure that the information contained in its estimates are accurate, it reserves the right to alter or substitute any service, products, parts, or materials without notice if necessary.
The Company reserves the right to charge an Hourly Rate Work or Fixed Price Work. For the Hourly Rate Work, the total charge to the Customer shall consist of the cost of materials supplied by the Company (not exceeding the trade purchase price of materials + 25%) & the amount of time spent by the operative in carrying out works (including all reasonable time spent in obtaining un-stocked materials) charged in accordance with the Company’s current hourly rates. The Customer shall only be charged for the time spent related to the Customer’s work. All charges are subject to VAT at the prevailing rate except in cases where the work carried out is zero rated.
The Fixed Price Work shall be given as a firm cost, (manifest errors exempted) including labour & materials, and shall be within 10% over and above the equivalent total hourly rate cost. All costs are plus VAT at the prevailing rate.
5. Cancellation by the Company
The Company reserves the right to refuse or cancel any booking at its discretion in the following circumstances:
(a) If the Customer is in breach of these terms and conditions in any manner.
(b) If it appears in the opinion of the Company that there is a serious threat to the security of their team members or that the project is likely to create a serious disturbance.
(c) If it appears in the opinion of the Company that the nature of the project is materially different from that of the original envisaged by the Company.
(d) For any other reason which the Company considers reasonable in the circumstances.
(e) If the Customer, has a bankruptcy order made against him or her or enters into a scheme or arrangement with his or her creditors or being a company that has a receiver Liquidator or administrator appointed over the whole or part of its assets or enters into any composition or scheme of arrangements with its creditors.
Where the Company agrees to carry out works for the Customer those works shall be undertaken by the designated operative of Company at its absolute discretion.
6. Cancellation by the Customer
If the Client wishes to cancel a confirmed booking, there will be no refund of any monies paid.
Cancellations are not valid unless a notice of cancellation is received in writing and the cancellation date is date of receipt by the Company of such notice. Cancellation of any part of the project will incur a cancellation fee charged at the value of the products, parts, and materials pre ordered. If the Company without any obligation on its part succeeds in making a replacement booking it may at its discretion reduce cancellation charges.
In the event of no-show, the entire project will be subject to 100% of the cancellation charge detailed above.
7. Deliveries, Collections, and Acceptance of Goods
All products, parts, and material orders will be delivered and stored at the Company, unless stated by the Company and agreed otherwise with the Customer.
No deliveries will be accepted, or collections permitted, without an inspection and sign off from a team member of the Company.
Any goods, supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until payment in full for such goods has been made by the Customer to the Company. Until the goods have passed to the Customer: the Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all or part of such goods in which title remains vested in the Company. The Company shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control, and the Company shall be entitled to a reasonable extension of the time for performing such obligations.
8. Project Installation
The Company will aim to install the project on a weekday between the hours of 08:00 and 17:00. Extensions to this time are only available with prior approval of the Company.
Where the date &/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the operative shall attend on the date and at the time agreed. However, the Company accepts no liability in respect of the non-attendance or late attendance on site of the operative/engineer or for the late or non-delivery of materials.
9. Customer Property
The Company excludes responsibility for the property of the Customer.
The Company shall be responsible for the successful installation of the Customers new bathroom, and any pre-existing bathroom issues in relation to the Customers plumbing and heating will not be the responsibility of the Company to resolve. All pre-existing issues must be identified as part of a Pre-Project Checklist which is conducted between the Company and the Customer prior to installation.
10. Damages
Any damages or mistreating of products, parts, or materials caused by the Company will be the responsibility of the Company to incur any costs for repairs or deep cleaning. It is the responsibility of the Company to check the rooms before and after the project to ensure they are left in the same condition after the project completion.
The Company shall be entitled to fully recover costs or damages from any operative/engineer/contractor whose negligence or faulty workmanship results in the Company being made liable for those damages or rectification of the work.
11. Products & Warranties
The Company Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturer’s warranty in force. The Guarantee will become null and void if the work/appliance completed/supplied by the Company is:
(a) Subject to misuse or negligence.
(b) Repaired, modified, or tampered with by anyone other than a Company operative. The Company will accept no liability for, or guarantee suitability, materials supplied by the Customer and will accept no liability for any consequential damage or fault.
The Company shall provide the Customer with all manufacturer warranty documents upon completion of the project.
The Company will not guarantee any work in respect of blockages in waste and drainage systems etc. The company will not guarantee any work undertaken on instruction from the customer and against the written or verbal advice of the operative/engineer. Work is guaranteed only in respect of work directly undertaken by the company and payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the company will not be guaranteed. The company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out. Work will not carry a guarantee where the customer has been notified by the operative of any other related work which requires attention. The Customer shall be solely liable for any hazardous situation in respect of Gas Safe Regulations or Gas Warning Notice issued.
Where the Company agrees to carry out works on installations of inferior quality or over ten years old at that date no warranty is given in respect of such works and the Company accepts no liability in respect of the effectiveness of such works or otherwise.
The Company shall only be liable for rectifying works completed by the Company and shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested and not undertaken at that time.
12. Data Protection
For information about how we process data and monitor communications please see our Privacy Policy which can be found at www.3flo.co.uk.
13. General Liability
The Company will not be liable for any failure to provide the services contracted in the following circumstances:
(a) Industrial action by Company employees.
(b) Industrial action by staff of a major supplier.
(c) Fire, lightning, weather, aircraft impact, explosion, riot and civil commotion, malicious damage, tempest, flood, burst pipe, earthquakes and impact, terrorism.
(d) Products, parts, and material bookings which do not reach them.
(e) Breakdown of plant or failure to supply the Company of gas, electricity, water services etc.
(f) Any other circumstances beyond reasonable control of the Company.
Without prejudice to the foregoing and without informing any liability against the Company, the Company undertakes to take all possible action to alleviate such inconvenience. Any contracts with the Company will not be assignable.
These terms and conditions shall be governed by and construed in all respect in accordance with English Law and subject to the exclusive jurisdiction of England and Wales.
All queries should be sent in writing to:
3Flo Ltd.
14 High Street
Colney Heath
Hertfordshire
AL4 0NU
All information collected on this form is used in accordance with our Privacy Policy. We will not add you to a mailing list unless you give us permission to do so. We will never share your details with 3rd parties.
All information collected on this form is used in accordance with our Privacy Policy. We will not add you to a mailing list unless you give us permission to do so. We will never share your details with 3rd parties.