TERMS AND CONDITIONS OF TRADING FOR FLOORING & PRODUCTS OTHER THAN
1. Andrew Banks is a trading name of Andrew Banks Trading Ltd (the Seller). All sales contracts shall be deemed to be made between the Buyer and the Seller in accordance with these Terms and Conditions. In the event of any conflict between these Terms and Conditions and any Terms and Conditions put forward by the Buyer, these Terms and Conditions shall prevail. By buying goods and/or services from the Seller, the Buyer agrees to accept these Terms and Conditions.
2. No person has the authority to make any representation on behalf of the Seller unless it is made and confirmed in writing by the Seller and the Buyer shall not rely upon any representation unless so made and confirmed.
3. VAT shall be added at the applicable rate to all prices quoted and/or charged.
4. Goods are not sold (or tested) as conforming to any British Standard Specification or as fit for any particular purpose, unless expressly confirmed by the Seller in writing and any term, condition or warranty that the goods are so fit is otherwise hereby excluded.
5. To secure an order, the buyer must confirm in writing its acceptance and send a pre-agreed deposit. Any additional materials or labour that may be required, which are not part of the original orders shall, be treated as a separate order and quoted and charged for accordingly. Once an order confirmation is issued the Buyer agrees to purchase the goods as specified. Orders may not be cancelled more than 48 hours from order confirmation. Special productions and finishes require minimum of a 50% non-refundable deposit prior to production and, once produced, may not be cancelled. The Seller reserves the right to supply and invoice up to 5% more or less than the ordered quantity. In the case of specialist bespoke products, high value items or supply only items up to 100% of the value will need to be paid in advance.
6. All accounts and invoices are to be paid prior to despatch unless other payment terms have been agreed in writing between the Buyer and the Seller.
7. Title in goods shall not pass to the Buyer until the Buyer has paid the Seller in full for them together with any other outstanding balance. Notwithstanding that ownership of the goods shall not pass to the Buyer save as provided above, the goods shall be at the risk of the Buyer from the collection by or delivery to him of the goods.
8. All cases of Force Majeure such as war, riots, strikes, lockouts, bankruptcy, fire, water damage, delay in transport, lack of means of transport, breakdown in factories or those of our suppliers or of any unforeseeable events give the Seller the right to postpone fulfilment of the contract as well as to cancel it partially or wholly without conferring on the Buyer the right to claim any damages against the Seller.
Prices are firm for 30 days from date of quotation or estimate but may be subject to review according to raw material supply and exchange rate fluctuations or other unforeseen factors.
All printed price lists and quotations are subject to alteration without notice. Prices quoted in respect of an order are based on wage rates, laying costs, delivery charges and material costs current at the date of the order and are, therefore, subject to fluctuations beyond the Seller's control. The final price payable may, therefore, be subject to increase to reflect such fluctuations on or before the date of despatch from the Seller. Quantities include approx. 10-12% for wastage during cross-cutting and laying, based on drawings provided or our site visit, this may change. Any works not specifically quoted for are not included and, it is assumed, will be carried out by others. We generally do not include any trims or thresholds in the quote until design has been agreed.
We provide two site visits free of charge as part of our consultation and once appointed will provide one more free of charge. However any more site visits requested, or necessary, due to the complexity of the job will be charged at £250.00+ VAT per person day or part thereof.
Our prices do not include main contractor discounts or retentions.
The Buyer shall have no right to cancel an order, unless agreed in writing by the Seller and, in any such event, the Buyer shall remain liable to reimburse the Seller in respect of costs incurred by it in fulfilment of the order up to the date of its cancellation by the Buyer and thereafter to the extent that the Seller incurs further costs as a result of cancellation.
DELIVERY & HANDLING
Whilst delivery dates are given in good faith by the Seller, they are not guaranteed and the Seller hereby excludes liability for loss or damage of whatever nature caused by delay in completing or delivering, or failure to complete or deliver, any order, goods or services and the Buyer shall not be entitled to treat the contract as repudiated or otherwise at an end by reason only of such delay and the full price shall remain payable without deduction or set off.
Orders include a delivery charge and can be delivered to site up to 10 days before fitting starts, handling on delivery is not included in the price which is based on a kerbside drop. Although often drivers will assist with off-loading this cannot be relied on with independent carriers, labour for off-loading is to be provided by the client, or hired at extra cost by agreement if accessing the areas to be laid is awkward and time consuming. For solid wood floors a clean dry and heated area needs to be provided on site for wood to acclimatise to normal prevailing conditions in this period. Engineered boards are generally delivered the same day as laying commences and if we are doing the work we will off load the goods ourselves.
The risk in the goods shall remain with the Seller until delivery to the designated place of delivery or collection by or on behalf of the Buyer.
Wood is a natural product and can be subject to infestation. Although all products are kiln-dried and the utmost care is taken, no manufacturer guarantees their products against infestation and, therefore, no guarantee or warranty is given by the Seller in respect thereof.
In installing or using goods or equipment supplied by the Seller, the Buyer shall observe all instructions, directions and warnings issued by the Seller and/ or the manufacturer.
A movement gap of 10/15mm should be provided around the perimeter of the room and at all fixed points. This gap must be left clear and not filled.
The gap is concealed either by the skirting board, which is fastened to the wall, or by a small moulding which is fixed to the skirting board not the floor itself. Areas over 50m2 may require additional expansion provision.
Any shortages, damages or complaints concerning the goods, whether delivered or collected, should be notified, in writing, to the Seller within seven days from the date of delivery or collection, failing
which all claims shall be deemed to be waived. Any visible defects in the goods must be notified immediately upon delivery or collection and the Seller must be allowed sufficient time to replace any faulty goods prior to installation. After installation of any goods the Seller shall cease to be liable for any visible defects therein.
SANDING and SEALING
For unfinished floors the first sanding is normally done with a large belt sander followed by a rotary sander, using progressively finer grits, for a smooth finish, so it is important that trades and people stay off the floor during this period. The floor can then be finished with either a lacquer or oil, subject to client choice.
Arrangements should be made not to have anyone in the areas being sealed during this process or for 24 hours after each coat of seal is applied.
If a date for fitting has been agreed and the client feels this cannot be kept then we would expect at least two weeks’ notice. If we are given less than 48 hours’ notice we may need to levy a charge if we are unable to rebook other works; if we arrive on site and it is not ready for us to commence work, we will levy a charge of £250.00 per person, and a new date for installation will be booked at our convenience. If we deem the site not to be ready but the client insists the floor is laid then we will only proceed once an authority has been signed by the client absolving Andrew Banks Trading Limited of any responsibility should a problem occur with the floor at some point in the future.
We take no responsibility for problems that may occur after our flooring is laid unless fitted by one of our approved partners.
Our quotations assume a sound level subfloor will be provided, where a site is viewed with an existing floor covering still in position it is not possible to know whether the subfloor is in good condition or suitable. If additional works are required that necessitates an increase on the costs, previously quoted, you will be informed before works are carried out.
If the Seller is laying the floors, unless specifically quoted for by the Seller, it is assumed that the existing floor covering will be removed and a sound level sub-floor provided by the Buyer, and that skirting's will be removed to allow installation and new skirting's supplied and fitter by the Buyer after the floor is laid.
Moisture in Concrete and Cementitious Screed - when fitting wooden flooring it is vital that all substrates are structurally sound, flat and dry.
Sub-floors should be dry and level, and fall no more than + or –3mm over 3.0m in any direction. New concrete usually takes around one month per 25mm to dry or 1mm per day but readings should be taken with a moisture meter or hygrometer. Moisture content of the concrete should be no more than 4% by volume on a Tramex meter or 3% if UFH present. All new screed or concrete must be completely dry. Be aware that depths of concrete / screed which total over 60mm may take twice as long to dry out (Also temperature and environmental moisture levels will affect drying times).
Existing screeds/concrete must be checked for moisture – this can easily be done by hiring hydrohood or other surveying meter. The easiest indicator is a Tramex meter to measure moisture levels in concrete as this is a good non-invasive test. To double check you can leave a hydrohood in place for 48 hours or drill small holes in several places in the concrete substrate and test leaving the hygrometer probe in the holes overnight (please refer to the relevant meter instructions).
If you have any concerns about moisture in the subfloor err on the side of caution to avoid problems with movement this is especially important with solid floors. If excess moisture is found in the concrete/screed subfloor, the problem must always be rectified before the wooden floor is laid.
A reading greater than 2.5%CM (~ 4% Tramex) for a concrete subfloor indicates that a suitable damp-proof membrane must always be installed – either a 2 coat/2 part liquid layer (e.g. Sika primer MB or SikaBond Rapid DPM) or, in the case of a floating floor, a properly installed heavy-duty, non-permeable plastic layer (make sure the ends of the plastic are continued up into the walls to fully protect the wooden floor).
If using UFH a reading greater than 1.8%CM (~ 3% Tramex) for a concrete subfloor indicates that a suitable damp-proof membrane must always be installed.
We usually recommend gluing engineered boards to screed containing UFH pipes as this will give a better transfer of heat. It is important to use an elastic adhesive and ensure that the wood flooring is properly acclimatised and the UFH system fully commissioned.
Although there is not an exact comparison between moisture content by weight and relative humidity, a concrete screed with a moisture content equal to or below 2.5%CM (1.8%CM if using UFH) and a room with relative humidity of 45% - 65% (at time of fixing) should indicate suitable conditions for laying wooden flooring. However, it is important to note that due to differences in size, number and distribution of pores in the concrete, the range of 2-3%CM may still exceed 75% RH – in which case further drying time or a DPM will be necessary.
Laitance is always present on new concrete bases and screeds and must be removed. Laitance is formed from a mixture of water, cement and the fine particles of the screed or concrete mix that is brought to the surface when placing and trowelling up. As the concrete or screed cures this mixture dries to form a crust or thin layer, known as laitance. Laitance is friable and can therefore either delaminate under traffic conditions and impact or it may easily dust away under abrasion from traffic. The heavier the use of the floor, and the greater the temperature fluctuations that the floor is subjected to, the more important this is. Laitance is a major cause of dusty and damaged concrete floors.
Removal of any laitance is vitally important to allow the floor to dry thoroughly and before any DPM or adhesive is used.
Floorboard sub-floors or joists should not exceed 10% moisture content and the sub-floor cavity should be well ventilated
Whilst there are certain conditions that are site specific generally the following stipulations are made.
If we are fitting the floor we expect the areas to be clear of all moveable furniture etc and you should bear in mind that if your floor is being sanded and finished on site, whilst every effort is made to sheet up and minimise the impact there will be some unavoidable dust in the process and a few days when you cannot access those parts of the premises. Any valuable items should be removed. The final coat of oil can take up to 24 hours to dry so you may need to make arrangements to cordon off this area at that time.
The building must be sealed to the outside, the heating should be commissioned, concrete should be dry ie as suitable for the relevant subfloor when timber is to be laid over it, If these site conditions are not met and the site is not ready when our staff arrive to do their work, and as a result have to go away again, another date will be fixed at our convenience and a charge of up to £250.00 + VAT per person per day may be levied to cover the labour and travel costs incurred.
Any damp problems on site must be notified in advance and the sub-floor must be dry. No wet trades should be on site during installation.
The temperature in the area to be laid should be between 18-25oC, and the relative humidity should be between 45-65%. . If these conditions do not exist then there is no benefit in having the wood on site prior to laying. If they do exist then solid wood floors can be delivered up to 7 days in advance, engineered floors do not need any period of acclimatisation.
These conditions should be maintained after installation as far as possible; a dehumidifier can be used if there are concerns about increased humidity in the building at any point after the floor is laid.
Wood floors are generally dried to 9% +/- 2% to make them as stable as possible and compatible with “normal” living conditions. The wider the board the more noticeable any seasonal movement will be and it would be quite normal to expect a small gap to appear in winter when the heating is on and close up in the summer as humidity increases. Some cupping may occur on wider boards. The incidence will be reduced with engineered boards.
Exposing wooden floors to excessive humidity or temperature will cause it to distort or split, so allow the timber to adapt to its new environment slowly.
The area to be laid should be free of all trades and furnishing; if sanding is to be done it may be advisable to remove curtains and seal adjoining rooms.
Any doors that need trimming and refitting should be removed by others before we arrive and replaced afterwards. We can carry out this work but it is chargeable.
Lighting and 240v 13 amp power to be provided on site.
All waste taken away and an environmental and recycling charge applied unless arrangements have been arranged on site by way of skips or other disposal facility. We expect off street parking to be provided on site or a permit to be provided for the number of vans working on site.
We can provide hand samples free of charge but if a larger panel is required this can be provided. These are generally charged at £250.00 + VAT which is refunded when order is placed.
Wood is a natural product whose grain and colour will vary. Consequently when finished you may also see some variation. Samples and photographs are only meant as a guide and will not necessarily give an exact overall reflection of the finished floor. If you have any concerns that the floor delivered does
not match your expectations then you should instruct the fitters not to lay the floor, we cannot accept any complaints on account of colour or appearance on floors that have been laid these are deemed to have been accepted. Only boards in their original packaging can be returned.
Protection of the floor is not included in our costs. We insist on a sign off as each area is completed so we are not responsible for damage caused by other trades after we have left. Damage by other trades is not regarded as snagging and will be chargeable at our day rates to rectify.
Normal working hours are 8am to 4pm. Day rates are: £250.00+ VAT per person (and £375.00 + VAT at nights and weekends). These rates will also be applied if one of our operatives is stopped from working through no fault of ours.
We include 2 site visits free of charge as part of our consultation, should further site visits be required or requested due to the complexity of the job a charge of £150.00 + VAT per person visit may be made.
MAINTENANCE & WARRANTY
Please study our maintenance guidelines and follow them as our warranty will not be valid if these are not adhered to.
All orders are subject to these Terms and Conditions shall be subject to and interpreted in accordance with English law and the Buyer hereby agrees to submit to the non-exclusive jurisdiction of the English Courts in respect of any claims, disputes or differences arising out of or in connection with any such contract.