Terms and Conditions of Business
Apex Contract Flooring Ltd
Unit 40, Cherry Blossom Farm
Preston, PR4 3RE
These Terms and Conditions govern all works carried out by Apex Contract Flooring Ltd (“the Company”). By instructing the Company, the Client agrees to be bound by these Terms and Conditions.
1. Definitions
- Company – Apex Contract Flooring Ltd
- Client – Any person, company, or organisation engaging the Company
- Works – All labour, materials, and services provided by the Company
- Contract – The agreement incorporating these Terms, quotations, and specifications
2. Application of Terms
These Terms and Conditions apply to all contracts unless expressly agreed otherwise in writing. Any Client terms are excluded unless accepted in writing by the Company. Where standard form contracts (including JCT or NEC) apply, these Terms shall apply insofar as they do not conflict.
3. Quotations and Pricing
- All quotations are valid for 30 days unless stated otherwise
- Prices are based on information provided by the Client and assume suitable site conditions
- VAT is excluded unless stated
- Variations or unforeseen conditions may incur additional charges
4. Specifications and Surveys
The Client is responsible for ensuring that subfloors and site conditions are suitable unless the Company has expressly agreed otherwise. Any surveys or tests reflect conditions at the time only. The Company is not responsible for latent defects, structural movement, moisture ingress, or third-party works.
5. Programme and Delays
Completion dates are estimates unless agreed in writing. The Company shall not be liable for delays caused by factors beyond its control, including restricted access, variations, other trades, weather conditions, or supply chain issues.
6. Client Responsibilities
- Provide safe and uninterrupted access to the site
- Ensure compliance with health and safety legislation
- Ensure areas are ready for installation
- Protect completed works from damage by other trades
7. Payment Terms
- Payment terms are 30 days from invoice date unless agreed otherwise
- Stage payments may apply for larger projects
- Late payments may incur statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998
- The Company reserves the right to suspend works for non-payment
8. Retention
Retention will only apply where agreed in writing prior to commencement. Retention shall align with industry norms unless otherwise agreed. Release of retention is subject to practical completion and rectification of defects.
9. Title and Risk
Risk in materials passes to the Client upon delivery to site. Title to materials remains with the Company until payment has been received in full.
10. Warranties and Defects
Workmanship is warranted for 12 months from practical completion unless stated otherwise. Manufacturer warranties apply to materials supplied. The Company is not responsible for defects arising from misuse, lack of maintenance, or third-party interference.
11. Limitation of Liability
- Liability is limited to the value of the Contract
- The Company is not liable for loss of profit, loss of business, or indirect or consequential loss
- Nothing limits liability for death or personal injury caused by negligence
12. Health and Safety
The Company operates in accordance with UK health and safety legislation. The Client must ensure the site complies with all statutory requirements.
13. Termination
Either party may terminate the Contract for material breach with written notice. The Company shall be entitled to payment for all works completed and materials ordered up to the termination date.
14. Force Majeure
The Company shall not be liable for failure or delay in performance due to events beyond its reasonable control.
15. Confidentiality
All commercial and technical information exchanged shall be treated as confidential unless disclosure is required by law.
16. Governing Law
These Terms and Conditions are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.