A. Terms and Conditions of Service
1. Parties, Definitions and Interpretation
1.1 In these terms and conditions (which are referred to in this document as “these terms”), “Customer” or “You” or “Your” or iterations of means the customer for whom the Works are to be carried out for, “Flat Pack Swansea” or “We” or “Us” or “Our” or iterations of means Flat Pack Swansea Limited , “Contract” or “Booking” means the agreement between the Customer and Flat Pack Swansea to carry out the Works of which these terms form a part and agreement, “Works” means the works agreed in Flat Pack Swansea’s estimate or quotation and/or as referred to in communication between the Customer and Flat Pack Swansea, as may be varied by agreement in further communication between the parties. For the purposes of these terms, “communication” includes by email, text message, face-to-face conversation, phone conversation, online messaging and any communication which is set out in a hand held device shall be treated as communication. In these terms words importing the masculine gender also include the neuter and the feminine gender and words importing the singular number include also the plural number, where the context so requires.
2.1 All estimates and quotations given by Flat Pack Swansea, all orders and instructions given by the Customer, and all work conducted, are governed by these terms. The use of all services provided by Flat Pack Swansea will be bound by these terms. They supersede any other terms appearing elsewhere and override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the order or instructions or in any negotiations or in any course of dealing established between Flat Pack Swansea and the Customer, except where these terms are amended in a additional document/agreement which is subsequently signed by or emailed to the Customer by Flat Pack Swansea, in which event these terms apply only to the extent not inconsistent with that document/agreement.
2.2 The Customer acknowledges that Flat Pack Swansea has not made any representations (other than any expressly stated in the Booking and/or in Flat Pack Swansea’s estimate or quotation), which have induced it to enter into the Booking, and the Booking shall constitute the entire understanding between the Customer and Flat Pack Swansea for the performance of the Works.
2.3 No modification to the Booking shall be effective unless made by an express written agreement or email, text message or online message exchange between the parties. The signing on behalf of Flat Pack Swansea of any documentation of the Customer shall not imply any modification of the Booking.
2.4 Flat Pack Swansea reserves the right to refuse or decline work at its own discretion without penalty or loss.
2.5 Nothing in this Contract is intended to confer on any person any right to enforce any term which that person would not have but for The Contracts (Rights of Third Parties) Act 1999. Accordingly, a person who is not a party to this Contract shall have no rights under that Act to enforce any of its terms, but this does not affect any right or remedy of such person, which exists or is available apart from that Act.
3 Pricing, Quotations and Variations to the Price
3.1 Any quotation (quote) which may be given either verbally or in writing by Flat Pack Swansea is subject to withdrawal by Flat Pack Swansea at any time.
3.2 Unless otherwise specified by Flat Pack Swansea in the relevant quote, a quote is not a firm or fixed price. It is an estimate of the likely minimum cost of the Works, based on the information made available to Flat Pack Swansea. Flat Pack Swansea’s final price will be calculated on the Works carried out and may be increased above (but not reduced below) the specified price. Furthermore, Flat Pack Swansea reserves the right to increase the price before carrying out the Works by an amount equivalent to any increase to Flat Pack Swansea in the cost of relevant materials, labour, equipment hire or transport since the date upon which Flat Pack Swansea’s quotation, written, emailed or oral, was given, save that if this would increase the estimated price by more than 10%, the Customer may cancel the Contract provided it does so before the Works are begun, any relevant materials are ordered or any relevant equipment is hired.
3.3 It is the Customer’s responsibility to ensure furniture fits into the space required and is fit for purpose before Flat Pack Swansea arrive. Any extra time Flat Pack Swansea incur waiting for unplanned decisions is chargeable at Flat Pack Swansea’s Waiting Time charge as shown in our standard rates.
[Note: In some instances, certain items (e.g. IKEA Pax Wardrobe) may offer both a floor assembly option (the item is assembled flat on the floor and then lifted into place) or ‘in-place’ assembly option (the item is built upright and in-situ). All Flat Pack Swansea quotations will be based on floor assembly. If the item is required to be built in-situ due to tight space and the customer has not notified Flat Pack Swansea of this, then Flat Pack Swansea reserves the right to charge the full agreed price, or minimum amount equivalent to the call-out charge and the charge due for the period of work time as set out in the standard rates, whichever it deems most suitable. If the customer is unsure at all then they should contact Flat Pack Swansea prior to arrival.]
3.4 Where no price or quote is stated Flat Pack Swansea’s current standard rates will stand. The charge shall consist of the cost of materials supplied by the Company and the amount of time spent in undertaking the Works (including reasonable time spent in preparing areas) charged in accordance with Flat Pack Swansea’s current standard rates.
3.5 All quotes are based on the Works being completed in one working day unless otherwise explicitly stated by Flat Pack Swansea.
3.6 Flat Pack Swansea’s standard rates and charges are (if prices cannot be seen in image below then please contact us):
4.1 Payment by the Customer is due on completion of the Works or after each day of work carried out, Flat Pack Swansea will judge the percentage of work done on the day and require that percentage of work on the day of works. Payment must be made on such completion and before Flat Pack Swansea leave the Customer’s property/premises. Payment can be made by cash and must be in Pounds Sterling only and no other currency. Requests for payment via invoice will only be considered from commercial customers and Flat Pack Swansea will seek payment via BACS within 14 days after the date of issue of the invoice, unless other terms have been agreed.
4.2 The customer will remain liable for payment of the full cost of the original quote on the day of the attendance of Flat Pack Swansea irrespective of whether the full list of furniture items is present. It is the customer’s responsibility to ensure they have all the items that Flat Pack Swansea have quoted for at the property on the day Flat Pack Swansea arrive. Any missing furniture built at a later date is treated as a new booking and a new quotation is required from Flat Pack Swansea before work is carried out, unless other terms have been agreed.
4.3 Snagging: Where the Works have been priced by way of a fixed price Quotation and have been completed subject to snagging, 95% of all amounts outstanding must be paid on such completion and the Customer must provide access to Flat Pack Swansea without delay to enable the snagging to be finalised. The balance of 5% will become payable upon the resolution of the snagging or, if access has not been made available to carry out the snagging within 14 days of completion, at the expiry of such 14 day period.
4.4 Where the Customer is represented by a third party (such as a managing agent, contractor or other representative), in the event of non-payment by the Customer, the third party will be responsible for payment unless Flat Pack Swansea has agreed otherwise in writing.
4.5 Flat Pack Swansea shall be entitled to interest on a daily basis and reserve the right to charge such interest on any amount not paid on the due date for payment from such due date until payment in full at 5% above the Bank of England base rate at the relevant time.
4.6 Flat Pack Swansea shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the Works until payment has been made in full.
5 Commencement and Completion Dates
5.1 Dates specified for the commencement and completion of the Works are estimates only. Flat Pack Swansea shall use all reasonable endeavours to ensure that we will attend on the date and time agreed. However, it accepts no liability in respect of non-attendance or late attendance on site or for the late delivery of materials. To confirm, Flat Pack Swansea will not compensate or reimburse the customer for any lost holiday pay, entitlement or other costs. Time shall not be of the essence of the Contract except as provided for in our Cancellations terms below.
6 Access and Parking
6.1 The Customer shall provide clear access to enable Flat Pack Swansea to undertake the Works. The Customer will at all times provide a safe working environment for Flat Pack Swansea and its employees and sub-contractors for the purposes of carrying out the works. The Customer shall indemnify Flat Pack Swansea against all claims of whatsoever nature made by third parties arising out of the presence of Flat Pack Swansea its employees or sub-contractors on the Customer’s property save where such claim results directly from negligence on Flat Pack Swansea’s part. The Customers shall be liable to Flat Pack Swansea for all loss of damage whether direct, indirect or consequential which is suffered by Flat Pack Swansea as a result of failure or delay by the Customer in performing the obligations referred to above.
6.2 The Customer shall ensure there is suitable for parking for Flat Pack Swansea outside premises of Work. This is to aid the offload and loading of tools required for the Work. Parking must be arranged by the customer for the duration of the Works. Flat Pack Swansea will not be responsible for parking tickets or fines, such costs, if incurred, will be covered by the Customer. If Flat Pack Swansea is unable to start or complete the works due to lack of or unsuitable parking then Flat Pack Swansea reserve the right to charge the full agreed price, or minimum amount equivalent to the call-out charge and the charge due for the period of work time as set out in the standard rates, whichever it deems most suitable.
7 Removal of Waste Materials
7.1 Unless agreed in writing between the parties, the Customer will be responsible for the removal from site of all waste materials and packaging resulting from the Works.
8 Drilling into Walls
8.1 Flat Pack Swansea’s main service is the assembling and or dismantling of flat pack furniture and other flat pack items. We do not routinely fit items to walls whether or not this is instructed in manufacturer’s guidelines. However, we highly recommend that furniture is secured to walls to prevent from overspill in all instances. The responsibility of doing this lies with Customer on completion of assembly and in most instances the customer will sign a disclaimer agreeing to this on completion (though failure to sign the relevant form shall not imply that the responsibility lies elsewhere other than with the Customer). Flat Pack Swansea recommends that customers source a qualified tradesperson to complete the fixing.
8.2 On the rare occasions that fixing to walls has been requested and agreed to, the customer is required to declare safe for drilling and confirm that no water pipes, electric cables (alive or not), satellite, internet, radio or any other cables that can be damaged lie behind the area that is to be drilled. Flat Pack Swansea will take no responsibility whatsoever for any damage caused to the walls itself or water pipes, electric cables (alive or not), satellite, internet, radio or any other cables that lie behind the area that is to be drilled and has been declared safe by customer before drilling and fixing is carried out.
8.3 Walls where by furniture fixing is requested must be flat and of suitable strength to hold the furniture requested to be secured there. If they are not, the Customer will be liable to pay a minimum amount equivalent to the call-out charge and the charge due for the period of Works undertaken to that point. This shall apply irrespective of the Works having been booked by the Customer or by someone acting on the Customers behalf.
9 Moving Packages
9.1 All items for assembly must be placed in the room, or an otherwise agreed area, that Flat Pack Swansea is required to assemble the furniture in by the Customer before Flat Pack Swansea arrives on site. Moving boxes into rooms will be charged at an additional price and must be agreed before Flat Pack Swansea arrives on site. In the event that the items are not suitably located as described, Flat Pack Swansea reserves the right to refuse to carry out the Works and the Customer will be liable to pay a minimum amount equivalent to the call-out charge and the charge due for the period of work time as set out in the standard rates. Flat Pack Swansea may agree to wait on premises for the issues to be resolved, however any waiting time will be charged as set out in the standard rates.
10 Missing Parts
10.1 It is the customers responsibility to open and empty all packaging to ensure all parts for any furniture that needs to be assembled are present and free from default prior to Flat Pack Swansea’s arrival on site. Flat Pack Swansea reserves the right to charge the full agreed price or minimum amount equivalent to the call-out charge and the charge due for the period of work time as set out in the standard rates, whichever it deems most suitable, if it cannot start or complete Works due to missing or damaged parts (including delayed or failed deliveries). Flat Pack Swansea will agree to return to complete the Works under a new Quotation or Flat Pack Swansea may agree to wait on premises for the issues to be resolved, however any waiting time will be charged as set out in the standard rates.
11 Inspection of the Works
11.1 The Customer shall inspect the Works as far as it is reasonably possible to do so immediately upon completion and sign off their agreement and satisfaction of the completed Works via the relevant forms provided by Flat Pack Swansea (though failure to sign the relevant form shall not imply rejection of the Works). If the Customer considers that the Works or any part thereof are not in accordance with the Booking, it shall within 7 days from the date of inspection give detailed notice in writing thereof. In the absence of any such notice, the Works shall be conclusively presumed to be complete and free from any defect, which would be apparent on reasonable examination.
12 Damage to Furniture or Property
12.1 In the unlikely event that Flat Pack Swansea damages property during the assembly of products or whilst carrying out any other services provided by Flat Pack Swansea, Flat Pack Swansea will make good to a reasonable standard. The cost of repair will be limited to a maximum total cost equivalent to the total quotation cost of the booking.
12.2 Any requests for modifications to any item of furniture, any component part, fixture, fitting or support, is done so at the Customers own risk and, if the Works are agreed to, any subsequent damage will not be the responsibility of Flat Pack Swansea.
13.1 Subject to our Inspection of Works terms above and the exclusions listed below, Flat Pack Swansea undertakes to repair or make good any defect in completed work which appears within six months of completion of the same to the extent that such defect arises from a breach of Flat Pack Swansea’s obligations under the Contract and provided that details of the defect are notified by the Customer to Flat Pack Swansea in writing with such period that Flat Pack Swansea and its insurers are given the opportunity of inspecting the work and the alleged defect. This undertaking shall only apply to work carried out and completed by Flat Pack Swansea and which is paid for by the Customer by the due date for payment ascertained in accordance with the Payment terms above. If Flat Pack Swansea returns to the site at the Customers request to review a claim under this undertaking and it transpires that the defect had not arisen as a result of a breach on the part of Flat Pack Swansea, Flat Pack Swansea reserves the right not to carry out any work under these Defects terms where the Customer cannot evidence that the work was originally carried out and completed by Flat Pack Swansea or where payment has not been made in full for such work. Exclusions are:
- Parts and materials will be provided only with the benefit of the manufacturer’s / supplier’s guarantee and are not guaranteed by Flat Pack Swansea
- Systems or structures not installed by Flat Pack Swansea
- Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to Flat Pack Swansea prior to the work having been undertaken.
- Defects resulting from misuse, wilful act, or faulty workmanship by the Customer or anyone working for or under the direction of the Customer (other than Flat Pack Swansea)
- Structural defects encompassing but not limited to subsidence and its resultant effect
- Defects found after use of Flat Pack Swansea’s remedial service (i.e. repairs or alterations to already assembled or dismantled furniture).
- Items that have been moved to a different position or location since completion of Works.
14 Force Majeure
14.1 Flat Pack Swansea will use all reasonable endeavours to carry out the Works on the agreed dates but shall not be under any liability to the Customer if it should be either impossible or impracticable to carry out the Works on the agreed dates or at all, by reason of strike, lock out, industrial dispute, act of god or any other event or occurrence beyond Flat Pack Swansea control.
15 Customer’s Liability
15.1 The Customer shall be liable for:
– Any loss, damage or injury, whether direct or indirect or consequential, resulting from failure or delay in the performance of the Customer’s obligations under these terms.
– Providing all necessary power and a clean water supply for Flat Pack Swansea’s use in the execution of the contracted works.
– The safety of machinery belonging to or hired in by Flat Pack Swansea or its employees and sub-contractors and shall indemnify Flat Pack Swansea against its loss, theft or damage.
15.2 The Customer must let Flat Pack Swansea know of any dangerous gases, liquids or other materials or of anything which the Customer believes may present a hazard or danger to any person who is due to carry out the Works before such work is started.
16.1 If the Customer cancels the contract without Flat Pack Swansea’s consent other than pursuant to paragraph 3.2, the Customer shall indemnify Flat Pack Swansea against all loss, damage, claims or other actions arising out of such cancellation unless otherwise agreed in writing, and for the avoidance of doubt any such cancellation is without prejudice to Flat Pack Swansea’s right to payment in accordance with our Payment terms above.
16.2 If the Customer wishes to cancel an appointment or Flat Pack Swansea is unable to gain access to the Customer’s premises to carry out the Works the Customer will be liable to pay a minimum amount equivalent to the call-out charge and the charge due for the period of work time as set out in the standard rates. This shall apply irrespective of the Works having been booked by the Customer or by someone acting on the Customers behalf.
16.3 If the Customer cancels the Works less than 2 days prior to the agreed date of commencement then Flat Pack Swansea reserves the right to charge a 20% cancellation fee.
17 Limitation of Liability and Liability of Flat Pack Swansea
17.1 Flat Pack Swansea’s liability shall be limited to:
i) the repair or making good of any defect pursuant to its undertaking in our Defects terms above below and subject always to the Inspection of Works terms above.
ii) liability for death or personal injury resulting from negligence in the course of carrying out Flat Pack Swansea’s duties, and
iii) the reasonable costs of repair or reinstatement of any loss or damage to the Customers property if such loss or damage results from Flat Pack Swansea’s and the Customer incurs such costs.
18.1 The Customer shall indemnify Flat Pack Swansea against all actions, suits, claims, demands, losses, charges, costs and expenses which Flat Pack Swansea may suffer or incur in connection with a claim by any third party resulting from a breach of the Customers obligations, undertakings, representations and warranties in connection with this Contract.
19 Whole Agreement and Exclusion of Liability
19.1 These terms set out Flat Pack Swansea’s entire liability in respect of the Works and Flat Pack Swansea’s liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities, expressed or implied, in respect of the Works and the quality thereof.
20 Waiver, Variation, etc.
20.1 No waiver by Flat Pack Swansea of any breach by the Customer shall operate as a waiver of any preceding or subsequent breach by the Customer. No variation shall be effective against Flat Pack Swansea unless sanctioned in writing by Flat Pack Swansea. No forbearance or delay on Flat Pack Swansea’s part shall prejudice Flat Pack Swansea’s rights and remedies under this contract.
21.1 If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
22 Governing Law
22.1 These Terms and Conditions shall be governed by and construed in accordance with United Kingdom law and you hereby submit to the exclusive jurisdiction of the United Kingdom courts.
B. Use of Website Terms and Conditions
Your access to and use of Flat Pack Swansea is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
The contents of Flat Pack Swansea website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
Change of Use
Flat Pack Swansea reserves the right to:
a) change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Flat Pack Swansea shall not be liable to you for any such change or removal and.
b) change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
Links to Third Party Websites
Flat Pack Swansea Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
In accordance with the Data Protection Act Flat Pack Swansea will keep your details secure and they will never be transmitted to a third party. Your details will be made available to appointed representatives of Flat Pack Swansea. Your details will be kept as a record of you using our service.
In accordance with the Information Commissioner's Office guidelines, when contacting us; this is classed as a 'soft opt-in' for marketing materials. This is a soft opt-in as Flat Pack Swansea are only advertising products or very similar products supplied by Flat Pack Swansea and therefore we are not required to give you the option to not receive marketing material. Should you wish to be removed from Flat Pack Swansea's mailing list you should email firstname.lastname@example.org where the aim is to remove you from the mailing list within 48 hours.
All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Flat Pack Swansea or otherwise used by Flat Pack Swansea as permitted by law.
In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.
Disclaimers and Limitation of Liability
a) The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
b) To the extent permitted by law, Flat Pack Swansea will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
c) Flat Pack Swansea makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
You agree to indemnify and hold Flat Pack Swansea and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Flat Pack Swansea arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
These Terms and Conditions shall be governed by and construed in accordance with United Kingdom law and you hereby submit to the exclusive jurisdiction of the United Kingdom courts.