Standard Terms of Service
- DEFINITIONS AND INTERPRETATIONS
1.1.’’Agreement’’ shall mean the contract between the Installer and the Client in accordance with the terms and conditions set out below and in the ‘‘Work Agreement’’ document provided to the Client together with the deposit payment pro forma invoice, as amended from time to time in accordance with clause 12(Variation) .
1.2.‘’Client” shall mean the person or organisation that orders the Work from the Installer.
1.3.‘’Installer” shall mean the party contracted to provide the Work under the Agreement. In this conditions ‘’Installer’’ means SOBO DESIGN LTD, Company number 10180274, with registered address at Unit7, Enterprise Row, Rangemoor Raod, N15 4LU, London, UK.
1.4.’’Work” shall mean the works described in the Work Agreement and which are to be carried out by the Installer as part of the Agreement
1.5.‘’Site’’ shall mean the location where the Work is to be carried out by the Installer as part of the Agreement
1.6.‘’Pounds’’ and ‘’£’’ shall mean the lawful currency for the time being of the United Kingdom
1.7.‘’Woking day’’shall mean any day not being a Saturday, a Sunday or a public holiday in England.
1.8.‘’Third party ‘’ shall mean any other party apart from The Installer and The Client.
1.9. ‘’In Writing ‘’ shall mean communicated in a written form. Whenever ‘’in Writing’’ is contained in the terms below it shall be deemed to include any written form of communication sent by any of the below listed means:
A.sent by e-mail or other electronic means and shall be deemed given 12 hours after the time the transmitting machine generates an indication of a successful transmission to the addressee.
B.sent by post via recorded delivery or delivered by reputable courier service to the address of the addressee written in the Work Agreement and shall be deemed given at the time at which the courier service certifies that it delivered the same to that address.
C.delivered personally to an authorised representative of a party and shall be deemed given at the time of delivery.
2. BASIS OF THE SALE
2.1 No change may be made to the Agreement unless agreed in writing by the Installer.
2.2 The Client’s payment of the deposit or any part of the cost of the Work is deemed to be acceptance of the below conditions. and those included in the ‘’Work Agreement’’.
- CONTRACT FORMATION
3.1 The Client shall read the standard terms of Service and Work Agreement.
3.2 The Client’s payment of the deposit or any part of the cost of the Work is deemed to be acceptance of the Agreement and its conditions.
3.3 The pre-contractual discussions, emails and documents exchanged during the negotiation of the contract, do not formulate the legally binding contract between the parties are inadmissible as evidence to assist in determining the construction of a contract.
3.4 The Client is of the opinion that the Installer has the necessary qualifications, experience and abilities to carry out the Work to the Client.
3.5 The Installer is agreeable to providing the materials and the Work to the Client on the terms and conditions set out in the Work Agreement.
- THE WORK
4.1 The Agreement is entered into between the Client and the Installer for the supply of the Work as defined in the Work Agreement provided by the Installer to the Client.
4.2 The Site location – the Work is to be carried out at address specified by the Client and defined in the Work Agreement.
4.3.1 On the floors at depth of 100mm to 120mm a crack control joints are required every 5 meters. The Client shall provide copies of drawings detailing the joints location 20 prior to the Work commencement
4.3.2.The floors at 3 to 20 mm thickness only requires joints to mirror what is in the subfloor. If the subfloor is free from joints, then it is possible to lay the floors at 3-4 mm thickness with no joints.
4.3.3 The Client at his own cost shall seek and follow the recommendation of a structural engineer and/or contractor regarding the substrate preparation, especially with regards to expansion joints, and incorporate them into the design. Sobo Design can only act according to such instructions provided. It is advisable that The Client takes into account any suggestions from SOBO DESIGN LTD regarding the substrate preparation.
4.4 The Materials:
4.4.1. The materials which are to be used to complete the Works shall be agreed between the Client and the Installer in writing.
4.4.2.The Installer may make and changes to the specification of the materials without notifying the customer in so far as such changes of specification do not materially affect the appearance or quality or performance of the materials.
- The WORK SCHEDULE
5.1 The Work commencement shall be agreed between the parties in writing.
5.2 The Work commencement delay – if the agreed work commencement date cannot be met by the Client a delay notice is required. The notice shall be issued to the Installer five Working Day prior to the Work commencement day at minimum. The Installer and the Client shall look for alternative commencement date, respecting the Installer’s existing commitments to other projects.
5.3 The Work duration shall be specified by the installer and agreed in writing.
5.4 The Installer’s installation team standard working hours are Monday to Friday between 8am – 5pm, Saturdays between 8am – 4pm. Any out of hours work shall be charged separately and agreed in advance in Writing.
5.5 Date of practical completion and acceptance of the Work by the Client. The Installer shall notify the Client of the date when in his opinion the Work is practically complete and ready for inspection by the Client. Unless the Client dissents by notice, giving reasons, within 7 working days of receipt of the Installer ’s notice, practical completion and acceptance the Works shall be deemed for all the purposes of the Agreement to have taken place on the date so notified.
5.6 The Installer shall acknowledge to the Client’s notice 3-5 working days, and then review and respond to it within 14 working days, if possible.
5.6 The Client must not use nor allow any other Third party to use the Work supplied by the Installer, unless the practical completion and acceptance of the Work has taken place.
5.7 Shall the Client provide instructions and/or permission for other trades to access the Work, such actions shall be regarded as an acceptance of the Work through taking possession and deriving benefits from the Work.
6. PAYMENT TERMS
6.1 The total cost of the shall be specified in the Work Agreement.
6.2 Payment Terms:
6.2.1 Deposit Payment – Upon instruction of Work to the Installer, a deposit payment of 60% or 75% (depending on the type of Work ) of the total cost of the Work, to secure the scheduling and to cover the cost of materials, payable in advance of the Work commencement date. Deposit payment deadline shall be specified in the Work Agreement.
6.2.2.Remaining balance of the total cost of the Work, is payable upon practical completion of the Work. The invoice shall be issued on practical completion and acceptance of Works by the Client. The payment shall be made within 5 working days, from the date of the invoice.
6.3 If the Client fails to pay the agreed instalments on or before the due date, The Installer shall cease work and enforce payment of the outstanding balance.
6.4 Should the Client request any work additional to that the Work agreed, a separate quote shall be issued and the additional work shall be invoiced separately.
6.5 All payments shall be made to the bank account stated on the invoice, within the agreed time period, without any deduction or set-off for any reason whatsoever, unless specified otherwise in the invoice. The Client shall not be entitled to suspend its payment obligations.
6.6 The Client has a right to cancel the Works, a cancellation notice shall be provided to the Installer in Writing. The Client shall forfeit a deposit equal to 10% of the total cost of the Work if the Work is cancelled by him within 30 Working days of the Work start date. The Client shall forfeit a full deposit if a cancellations of the Work is within less then 30 Working days from the Work commencement date.
6. 7 The Installer has a right to cancel the Works within 14 days of the Work commencement date, a cancellation notice shall be provided to the Client in Writing. If such cancellation occur, the Installer shall issue a refund of the full deposit amount received from the Client. The Installer shall make a refund using the same payment methods that the Client used in the original transaction, unless agreed otherwise with the Client in Writing.
- STANDARD OF WORK
7.1 All Work shall be carried out to thorough standard, with surface regularity – SR2. Materials used will be of current British Standard requirements,. If different materials are requested, then the price shall be adjusted accordingly.
8.1 The Work is guaranteed for 12 months, whereby the Installer promise to return and put right any faults due to the Installer’s workmanship, at the earliest opportunity and free of charge.
8.2 Warranty covers 5 year period for the microcement deboning/de-lamination, 5 year period for microcement colour retention – subject to sunlight exposure.
8.3 The warranty does not cover the structural cracking.
8.4 Any warranty shall be void if the total price for the Works is not paid in full or if the Work or the materials supplied by the Installer are abused, not maintained, or modified in any way.
9. COLLABORATIVE WORKING
9.1 The Parties shall work with each other in a cooperative and collaborative manner, in good faith and in a spirit of trust and respect.
9.2 The Client shall provide the Installer with correct information such as drawings and specification concerning the Work to enable the Installer to fulfil its obligations.
9.3 The Client shall not deprive the Installer of the opportunity of carrying out any of the Work.
10.1 Damage repair – any reparation work requested by the Client as a result of damage to the Work by The Client and/or Third party shall be quoted and invoiced separately by the Installer, and scheduled separately to the Work.
10.2 The Installer does not take responsibility for any damage to the Material and the Work caused by:
10.2.3.Unexpected weather conditions; such as rain, snow, storms or any other whether conditions not listed in this Agreement.
10.3 If the Installer is under time constraints and is required to carry out minor preparation works, the Installer cannot be held liable for any defects.
- LOSS AND EXPENSE
11.1 Standing time. The Installer accept no responsibility for any delay caused by the Client or Third party that stops the Installer from fulling its contractual obligations. The Client shall be held responsible and charged accordingly to ensure The Installer does not suffer financially as a result.
11.2 Delay. Due to scheduling requirements a minimum of five Working days notice is required if the start date is to be postponed by the Client. Changes to Work’s schedule caused by the Client after this period will be charged at a rate of £800 + VAT per day at a minimum and £2000 + VAT maximum per day. The maximum sum of the delay charge shall not exceed the total cost of the Work agreed.
11.3 Estimate. Every effort is made to estimate work as accurately as possible for the Work, it is sometimes necessary to include an additional sum for items and labour which could not be foreseen at the estimation stage. These items will always be discussed with the Client whenever possible; if however the Client is not available, and no other aspect of the Work may be undertaken in the interim, the Installer shall continue to carry out the Work in order to finish the Work on schedule. The Installer shall invoice the Client accordingly.
12.1 Except as set out in the standard Terms of Service and Work Agreement, no variation of the Agreement, including the introduction of any additional terms and conditions, shall be effective unless it is agreed by the Client and the Installer in Writing.
13.1 Notice of termination of the Installer’s employment shall not be given unreasonably or vexatiously.
13.2 Such termination shall effect on receipt of a termination notice.
13.3 The Installer shall be entitled to issue a termination notice, without limiting the forgoing, if :
13.3.1.The Client does not fulfil his payment obligation
13.3.2.The Client does not fulfil his obligation in accordance to Schedules included in the Work Agreement
13.3.3.The Work commencement date is postponed by the Client by more than 30 days.
13.3.4.The Client and/or any Third party associated with or employed by the Client verbally or physically abuses the Installer.
- DISPUTE RESOLUTION
14.1 Any dispute relating to the Agreement which cannot be resolved by negotiation between the parties within 10 Working Days of either party giving notice to the other party that a dispute has arisen shall be submitted to mediation pursuant to the Mediation Rules of the ADR Group. Failing settlement of that dispute within 10 Working Days thereafter, the dispute shall be submitted by any party for final resolution by the courts of England which courts shall thereafter have exclusive jurisdiction.
- GOVERNING LAW
15.1 The Agreement and any matters arising out of it shall be governed by and construed in accordance with the laws of England.
- INTELLECTUAL PROPERTY
16.1 All intellectual property and related material that is developed or produced under this agreement, shall be a shared property of the Installer and the Client. Intellectual property rights and distribution rights of the intellectual property remain with the Installer and the Client. The Installer reserves the right to photograph the work as it progresses, including upon completion.
17.1 Schedules 1 – General on Site requirements which must be met by the Client
17.1.1. Access to the Site shall be granted to the Installer during the agreed work schedule.
17.1.2.The Installer requires the Site to be cleared by the Client prior to the Work commencement of the Work. If this is not done, a delay fee of minimum of £250 + VAT will be charged , and any clearing work carried out by the Installer shall be done at Client’s expense. Should the Installer be requested to move any furniture or possessions, it is at the Client’s own risk.
17.1.3.Furniture within the area where the Work is to be carried out must be removed. If furniture removal is not possible, then the furniture must be covered and protected with dust sheets or polythene sheeting by the Client. Furniture shall not be placed back on the Work until the Work’s curing process has ended.
17.1.4.If high level (above 3 meters from the floor level) or working from height with restricted access is required, it is the Client’s responsibility to supply appropriate ladders or towers.
17.1.5.It is the Client’s responsibility to ensure that all areas on Site are watertight and protected from the elements, as any water ingress will affect the curing process and final effect of the Work.
17.1.6.All pipework and underfloor heating systems shall to be tested by the Client prior to the Work commencement.
17.1.7.No other trades shall be working concurrently with the Installer on the Site in the areas where the Work are to be carried out, and around the areas where the Work are to be carried out.
17.1.8.Access to power and water must be granted by the Client as the Installer will require power and running water for the entire duration of the Work.
17.1.9.On Site lighting shall to be available prior to the Work commencing.
17.1.10.On Site heating must be provided. The required temperature on the Site cannot be lower than 15 Celsius degrees day and night.
17.1.11.Where the Work is to be carried on onto a screed or concrete surface, the Client must ensure that these surfaces are solid, flat, level, fully cured and dry ( value of entrapped air of 75% RH or less is required, this can be measured by Digital Hygrometer ) , clean, dust and oil free.
17.1.12.Where the Works is to be carried on onto screed or concrete floors or plaster boarded or cement boarded or plywood walls or plywood floors, the Client must ensure that these surfaces are solid, free of movement, free of moisture, dry and fully cured.
17.1.13.The Client must ensure that the surface the Works is to be carried out on is sound, dry, free of moisture, oil free, solid. The Work can not be installed on expansion foam, due to the risk of cracking, colour change and moisture absorptions.
17.1.14.Surfaces on which the Work is to be done must be flat and fixed, with no screws or bumps of any sort protruding, with no holes and depressions.
17.1.15.Underfloor heating must be switch off 72 hrs prior to the Work commencement date, and can be switch back on 28 days after the the Work installation.
17.1.16.Where the Work is applied to a floor which meets existing wall finish or skirting the Installer may tape walls and/or skirting boards to protect from marking. Although low tack tape will be used this may cause damage to finished off walls / skirting boards. Ideally the Work shall be done prior to final wall finish being applied.
17.2 Schedule 2 – On Site requirements and precautions during the Work process which shall be met by the Client as specified in the Work Agreement.
17.3 Schedule 3 – The Work Maintenance:
17.3.1.Shoes carry dirt and grit is abrasive to the Work’s finish – using dirt-trapping doormats at each external entrance and where possible placing a mat on the inside as well will help to prevent premature wear and scratching.
17.3.2.Regular sweeping with an anti-static dust control mop will remove damaging particles and protect the Work.
17.3.3.High-heel shoes, especially worn ones, can dent any hard floor surface.
17.3.4.Protective, clear vinyl chair mats under any office chairs or castor wheels should be installed. Avoidance of plastic or castor wheel use directly on the Work.
17.3.5.When moving heavy furniture or items back into position after the installation has been completed, rigid protective sheets on the floor surface should be used . Avoid sliding or dragging furniture or appliances into place across the surface of the Work.
17.3.6.Vacuum or sweep the floor regularly to remove grit or objects that may scratch the surface of the Work. We recommend the use of water and neutral soaps. Do not use abrasive cleaners, solvents, steam mops, steel wool, or scouring powder on your floor and never wax or polish your floor. Examples of products which can be used: Cleaner Pro 1L, Highly Concentrated Eco-Friendly Neutral Cleaner, or HG neutral cleaner for natural stone 5L – A neutral marble floor cleaner for there regular, thorough but safe cleaning of marble floors and other natural stone floors, or any other PH neutral cleaners available on the market.
17.3.7.Acidic cleaners with a pH<6, products containing butyl (also known as 2-butoxyethanol), floor strippers, surface emulsifiers/extenders, and degreasers, which usually contain butyl, high or low pH cleaners including bleach, products containing citrus cleaners (d-Limonene), abrasive cleaners, solvents, steam mops, steel wool, or scouring powder or wax shall not be used.