TERMS AND CONDITIONS
PLEASE READ THESE TERMS OF SERVICE CAREFULLY – BY USING THE SERVICES OF FERGUSON FLOORING SCOTLAND LTD YOU ARE ENTERING INTO A CONTRACT WITH US AND AGREEING TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS YOU SHOULD NOT REQUEST OUR SERVICES.
FERGUSON FLOORING is a trading name of FERGUSON FLOORING SCOTLAND Limited.
‘We’, ‘us’ and ‘our’ means FERGUSON FLOORING SCOTLAND. ‘You’, ‘the client’, ‘the customer’, ‘your’ means the person who requested our services and enters into this contract.
These terms and conditions do not limit your consumer’s statutory rights under the Consumer Rights Act 2015 or any right to cancellation under the Consumer Contracts Regulations 2013.
CALL OUT SERVICES
- Our service slotsWe allocate 2-hour time slots from Monday to Friday for your visit (or weekends by prior agreement), and these are supplied on a first come, first served basis. Your engineer or trades person can arrive any time between the start of your slot and the end of your slot, unless a specific time has been agreed.Sometimes it may be necessary to re-schedule an appointment due to factors beyond our control. If it is necessary to do this, we will attempt to telephone you to try to re-schedule another appointment as soon as reasonably possible at a mutually convenient time.
- Cancelling your measurement appointmentYou can cancel an appointment for us to measure and quote for you at any time, but we would appreciate as much notice as possible.
- Missed AppointmentsIf you are unable to keep a service appointment please contact us to re-book the appointment on 01389 298 349 as soon as possible.
The agreed final quote represents a written contract for the exact work to be completed at the price quoted.
Any agreement made verbally is not covered by the contract unless it has been written into said contract.
The agreement is made between FERGUSON FLOORING SCOTLAND Ltd and the client. The client is identified as the person who requested our quotation.
FERGUSON FLOORING SCOTLAND Ltd will not enter any dialogue, accept any requests or communicate in any way with anyone other than the client – except where the client has provided written permission that allows them to do so.
The acceptance of the quote, electronically or by any other means signifies a full acceptance and commitment to be bound by these terms and conditions. Please check your quotation carefully.
- Scope of quoted work
The quote written by FERGUSON FLOORING SCOTLAND Ltd for the client represents the requests of the client. It is not a builder’s survey and we will not be held liable for any task that is not included in the written quote.
- Changes to your quote
Any quote or estimate is subject to revision if there are any changes to the nature or extent of the requested work. This may apply to both labour and materials. However, the quote will not be amended without consultation with the client.
Validity period of quotes
Quotes are valid for 28 days from issue.
COMPLETION OF PROJECT
- Completion timescales
Estimated completion times are guidelines and although we will endeavour to complete the work in the time frame intimated, we will not be held liable for failure to complete the scheduled works within the estimated time frame. Similarly, if we finish a project more quickly than estimated the price of the quote will remain the same.
- Continuous work
Unless expressed and agreed in writing by FERGUSON FLOORING SCOTLAND Ltd the client agrees that the project will be continuous for its duration and unimpeded by any other trade person.
The client agrees that all estimated timings and warranties are voided in this instance. In the event that any trades person or some other instance occurs to impede the floor layer that has not been agreed and stated in writing on the quote then we reserve the right to stop the project and return at a time that is convenient to us to complete the project. Extra charges will apply and will be agreed with the client at the time.
- Electrical power, water and WC facilities
The client will be expected to provide electrical power, running water and toilet facilities where reasonably possible.
Irrespective of any insurance carried by FERGUSON FLOORING SCOTLAND Ltd , the customer must inform his or her insurer that building works are to be carried out on the property and satisfy himself or herself that he / she is adequately covered by insurance. Unless expressly agreed, FERGUSON FLOORING SCOTLAND Ltd are not liable for the loss of or damage to the works, materials on site or any property of the customer, unless the same is caused by negligence (as defined in the Unfair Contract Terms Act 1977) of, or breach of contract by us.
In the event of cancellation by the client, the client agrees to notify FERGUSON FLOORING SCOTLAND Ltd in writing or by email 1 week before the project start date.
If the customer elects to cancel our services after we have begun work the customer agrees to pay the deposit which will cover the materials and pay for any work undertaken. Any other materials that have not been purchased may be refunded less a 25% re-stocking fee.
In the event that the conditions agreed to prior to commencement of the project are not met, if the property is not in a condition that will allow us to begin the project or if we do not have unimpeded access to the floor, then we reserve the right to leave site and return when the conditions have been met. In this instance the client accepts liability for that day’s payment of labour and any other expenses that might arise from the postponement of the project.
All necessary materials can and will be provided by us unless otherwise agreed and will always be of high quality and used in an appropriate manner as per the manufacturer’s guidelines. FERGUSON FLOORING SCOTLAND Ltd is not responsible for the performance or suitability of any materials, parts or products purchased directly by the client and allows FERGUSON FLOORING SCOTLAND Ltd to use these at their own risk.
It is not normally necessary to remove radiators, but if their removal is requested, it can be done for an additional charge. This charge will also cover their subsequent re-installation.
- Storage of tools
We may on occasion request that tools be left on site overnight. The client reserves the right to decline such requests.
- Damages and sub-standard workmanship
It is the responsibility of the client:
To remove valuable and/or fragile items from the areas to be decorated.
To remove pictures and other wall-hangings.
To remove all electrical goods.
To cover anything and everything that needs protection unless it can be removed.
Assistance can be provided with the re-positioning and/or removal of bulky furniture items and white goods at an additional charge. We reserve the right to decline to move white goods if the condition or position of the plumbing may incur a higher than normal risk of damage to the equipment or the property. We reserve the right to decline to move particularly heavy or bulky items if they present a higher than accepted health and safety risk. Where items cannot be covered or protected, but could easily have been removed, we will request that they are removed before work commences. We cannot be held liable for damage to such items if they are not removed.
- Scrapes and scratches
Carpets and flooring are sometimes long, heavy and awkward to manoeuvre especially up-stairs. The client should expect some minor scratches to the walls, skirting boards, home decor or bannisters when lifting these items and fitting any type of flooring.
We will not carry out any redecoration afterwards nor provide compensation for this. We will make our very best endeavours to ensure that there is a little or no damage but the responsibility for installing new flooring into a property rests with the client, it is often a major undertaking in a confined space and you should be prepared for touch-ups.
New paintwork and wallpaper is especially vulnerable and should be allowed to fully dry. A minimum of two weeks is recommended.
In the event of breakage or damage to the property FERGUSON FLOORING SCOTLAND Ltd will notify the client immediately and set out steps to remedy the situation. Similarly, if at the end of the job the client is dissatisfied with any aspect of the service, they must inform us as soon as possible. Clients must allow FERGUSON FLOORING SCOTLAND Ltd to provide a remedy using our own trades people and under no circumstances will we be held liable for the costs of reparations by third parties that we have not expressly agreed to in writing. The client must notify us in writing within 24 hours of an alleged breakage or damage caused by our employees.
- Pre-existing damage
We may take photographs of your property or complete a pre-existing damage form prior to the start of the project. In the unlikely event that we do damage your property, and this is a result of our negligence, you will be covered by our insurance for the full amount.
No additional work will be carried out unless the service has been quoted and agreed in writing or via email.
Our floor fitting services carry a 6-month warranty on labour for materials that we have provided. Many of our items, especially carpets, carry a manufacturer’s warranty but if you have any problems with an item that we have supplied please get in touch with us first. We do not supply any labour or fitting warranty for fitting materials that we have not supplied. In the unlikely event that a fault occurs which directly relates to the work we carried out then we will rectify the problem at our cost within the 6-month term of the warranty.
- Completion of the project
The client must be in attendance on the last day of the project to go over the project and ensure it has been completed. This is for the client’s benefit. If the client cannot be available then they must appoint a representative able to make binding decisions on the client’s behalf to their your place. If they cannot attend the last day to address any concerns but then request us to return at their convenience to address them there will be a minimum half day £120 + VAT charge for this. It is not covered by the warranty which only commences after a signed job sheet has been submitted and received by FERGUSON FLOORING SCOTLAND Ltd or an email confirming the project completion.
- Termination of the contract by FERGUSON FLOORING SCOTLAND Ltd
FERGUSON FLOORING SCOTLAND Ltd will not tolerate aggressive or rude behaviour, racism, nationalism, sexism, homophobia or ageism directed towards any of its staff or trades people and reserve the right to terminate the project at any time. The client agrees to pay for any work completed up until that point.
- Weekend projects and out of hours
Unless expressly stated in the quotation, we do not work outside the hours of 8am to 5pm weekdays, Saturdays or Sundays. If your project is time sensitive and you request us to work over the weekend to complete a project for you then, if we agree to do it, there will be x2 surcharge for any day rate quoted or any fitting rate quoted for the areas that need to be addressed over those times. You will be made aware of this at the time and this will be added to your final settlement balance.
- Payment methods
We accept Visa credit, Visa debit, Maestro, Mastercard debit cards, BACS transfers and gift vouchers in validity for deposits and in settlement of your account.
- Payment of quoted and fixed price work
The client agrees to pay the invoice for work upon completion of the project. In the event that the client is unhappy with the standard of workmanship, the correct complaints procedure as shown in these terms and conditions must be followed. All materials purchased for, or on behalf of the client, remain the property of FERGUSON FLOORING SCOTLAND Ltd until payment of the final invoice by the client to FERGUSON FLOORING SCOTLAND Ltd.
A 50% deposit will be required to cover material expenses.
All deposits must be made by telephone, internet payment or BACS unless agreed by FERGUSON FLOORING SCOTLAND Ltd.
Deposits are refundable at the sole discretion of FERGUSON FLOORING SCOTLAND Ltd subject to the conditions laid out with these terms.
The acceptance of a deposit or the request to begin the project by email confirmation or electronically signifies a full acceptance and commitment to be bound by the Terms and Conditions.
Payments to our trades people
Our staff are not permitted to accept cash under any circumstances – to pay for your deposit or completed job you must pay FERGUSON FLOORING SCOTLAND Ltd directly. Your account will remain outstanding until such time as FERGUSON FLOORING SCOTLAND Ltd receive payment directly by either a debit / credit card or by BACS transfer.
- Payment time scales
The client agrees to settle any outstanding balances upon completion of the work. Furthermore, the client agrees that card or account information provided to FERGUSON FLOORING SCOTLAND Ltd, may be used to process the outstanding amount. The card on file (and held on 3rd party servers) will be used to process the outstanding amount unless otherwise instructed by email prior to commencement of the project. This applies to both domestic and commercial customers. The client has the right to withhold a portion of the cost in a genuine claim as outlined in the complaint’s procedure. FERGUSON FLOORING SCOTLAND Ltd are fully compliant with PCI DSS rules as well as the Data Protection Act in this matter.
- Unpaid accounts
If FERGUSON FLOORING SCOTLAND Ltd cannot recover any outstanding amount after 30 days beyond the due date, we will levy a late payment charge of 10% of the total invoice or £300 whichever is the greater. After 60 days, we reserve the right to levy a late payment charge of £600 or 30% of the total bill whichever is the greater amount.
At any time after 30 days of the due date on the invoice, we reserve the right to employ the services of the County Court, the High Court or a debt collection agency.
COMPLAINTS AND DISPUTES RESOLUTION PROCEDURE
FERGUSON FLOORING SCOTLAND Ltd are committed to ensuring that our customers are satisfied with our service. If for any reason you are not, you must follow our complaints procedure as set out below:
You must put your complaint in writing and send via email to email@example.com.
Please provide as much detail as you can. If your complaint is about a service that we have provided to you, your correspondence should contain your account number, your order number and a full breakdown of the specific complaint, including the name of the person whom you spoke to first and, for quoted work, a copy of the quote and a list of items that you feel have not been provided to your satisfaction.
After receiving your written complaint, the FERGUSON FLOORING SCOTLAND Ltd will undertake an investigation. The result of this investigation will be communicated to you in writing, within 7 days of us receiving your letter or email. Please understand that this is for the benefit of the customer as no records of any verbal communication are kept by FERGUSON FLOORING SCOTLAND Ltd.
If your complaint is about a service that we have provided to you, you must:
Provide us with such evidence as is necessary to support your complaint.
Not publish any material whatsoever which makes or infers reference to FERGUSON FLOORING SCOTLAND Ltd or any member of staff working for or on behalf of FERGUSON FLOORING SCOTLAND Ltd anywhere whether in print, or electronic format, such as internet forums, social media and review websites until such time as your complaint has been through the above process in full.
PRIVACY, GENERAL DATA PROTECTION REGULATION (GDPR) AND WEBSITE COOKIES POLICY
- Personal data
We collect your personal data when you book a quotation. This data is not passed on to any third party and is only used for the purposes of providing information as requested by the user. If you decide to go ahead with us as your installer, we may disclose your personal information should the work be carried out to a 3rd party supplier to deliver your products. Personal data includes your name, address, telephone number and email address.
We will never sell or otherwise pass on your contact details to any other company or third party, unless required to do so by law. When you contact us, your details may be retained to assist with your enquiry. Your details will be used for correspondence and may also for marketing purposes by FERGUSON FLOORING SCOTLAND Ltd. If you do not wish for your details to be used for marketing purposes, please contact us.
FERGUSON FLOORING SCOTLAND Ltd collect details about you from your use of our service and your visits to our web site and other sites accessible from them. We also collect information about the transactions you undertake including details of payment cards used. Card information is encrypted on our server and is held only for as long as is necessary for the management of your account with us.
We may collect additional information in connection with your participation in any promotions or competitions offered by us and information you provide when giving us feedback. We also monitor customer traffic patterns and site use which enables us to improve the service we provide.
Whilst you do not need to allow your browser to accept cookies in order to browse much of our web site or to access many of our services, you must have cookies enabled if you wish to pay for services online or access any areas reserved for account holders. Most browsers allow you to turn off the cookie function. If you want to know how to do this please look at the help menu on your browser.
- Access rights
To obtain a copy of the personal information FERGUSON FLOORING SCOTLAND Ltd holds about you, please write with full details to us at: Data Protection Officer, FERGUSON FLOORING SCOTLAND Ltd, 8 Ash road, Broadmeadow Industrial Estate, Dumbarton, G822RS.
DISCOUNTS AND PROMOTIONS
From time to time FERGUSON FLOORING SCOTLAND Ltd run promotions and offers – these promotions and offers come with the following conditions:
- Discount is to labour costs only on hourly rate jobs, half-daily rate jobs and daily rate jobs unless otherwise specified.
- Materials costs are not included in the promotion unless otherwise specified.
- Fixed price quotations or fixed price work (such as Periodic Inspections etc.) are not included in the promotion.
- Discounts cannot be combined – one promotional discount may be used per transaction.
- Offer periods are as stated in the specific promotion (validity period).
- Existing customer offers are available only to customers who have previously had at least one completed paid job with FERGUSON FLOORING SCOTLAND Ltd
- Competition winners must agree to consent to having their name and photograph used in any FERGUSON FLOORING SCOTLAND Ltd publicity.
- FERGUSON FLOORING SCOTLAND Ltd reserve the right to withdraw this offer at any time.
- Errors and omissions excepted.
- Customer account portal and FERGUSON FLOORING SCOTLAND Ltd websites
FERGUSON FLOORING SCOTLAND Ltd does not warrant that any of its websites or account portals, or the server that makes it available are free of viruses or other harmful components. You, and not FERGUSON FLOORING SCOTLAND Ltd, assume the entire cost of all necessary servicing, repair, or correction.
- Photography and video
The client accepts that photos of the completed project may be taken as evidence of completion and used for the basis of an electronic job sheet. The client gives permission for those images to be used for promotional purposes, the copyright of which is owned by FERGUSON FLOORING SCOTLAND Ltd.
Gift vouchers are valid for 6 months from the date of purchase and can be used to pay for materials supplied and works carried out by FERGUSON FLOORING SCOTLAND Ltd.
All floorcoverings within our store are available to use with these vouchers with the exception of the Alternative Flooring Make Me A Rug service.
Gift vouchers cannot be exchanged for cash or reimbursed.
Vouchers validity can only be extended at the discretion of FERGUSON FLOORING SCOTLAND Ltd.
FERGUSON FLOORING SCOTLAND Ltd
Company number SC376749
Registered office: 17 Wellgate Street, Larkhall, Lanarkshire, ML9 2AG