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, “Build My Flat Pack” or “We” or “Us” or “Our” or iterations of means Build My Flat Pack UK , “Contract” or “Booking” means the agreement between the Customer and Build My Flat Pack to carry out the Works of which these terms form a part and agreement, “Works” means the works agreed in Build My Flat Pack’s estimate or quotation and/or as referred to in communication between the Customer and Build My Flat Pack, 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 General
2.1 All estimates and quotations given by Build My Flat Pack, all orders and instructions given by the Customer, and all work conducted, are governed by these terms. The use of all services provided by Build My Flat Pack 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 Build My Flat Pack 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 Build My Flat Pack, in which event these terms apply only to the extent not inconsistent with that document/agreement.
2.2 The Customer acknowledges that Build My Flat Pack has not made any representations (other than any expressly stated in the Booking and/or in Build My Flat Pack’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 Build My Flat Pack 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 Build My Flat Pack 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 Build My Flat Pack is subject to withdrawal by Build My Flat Pack at any time.
3.2 Unless otherwise specified by Build My Flat Pack 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 Build My Flat Pack. Build My Flat Pack’s final price will be calculated on the Works carried out and may be increased above (but not reduced below) the specified price. Furthermore, Build My Flat Pack reserves the right to increase the price before carrying out the Works by an amount equivalent to any increase to Build My Flat Pack in the cost of relevant materials, labour, equipment hire or transport since the date upon which Build My Flat Pack’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 Build My Flat Pack arrive. Any extra time Build My Flat Pack incur waiting for unplanned decisions is chargeable at Build My Flat Pack’s Hourly Rate.
[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 Build My Flat Pack 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 Build My Flat Pack of this, then Build My Flat Pack 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 Build My Flat Pack prior to arrival.]
3.4 Where no price or quote is stated Build My Flat Pack’s current hourly 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 Build My Flat Pack’s current standard rates.
3.5 All quotes are based on the Works being completed in one working day unless otherwise explicitly stated by Build My Flat Pack.
3.6 Build My Flat Pack’s standard rates and charges are (if prices cannot be seen in image below then please contact us):
- £40 per hour for a single person assembly (minimum of 1 hour charge when working on our hourly rate)
- £260 per day or a single person
- £500 per day for a two person team
- Fixed quotes are given for large furniture assembly. For example: Large wardrobe assemblies will generally be quoted as a fixed price based on the information provided by the client. If there are additional items that have not previously been mentioned by the client for the original fixed quote (e.g. lights, handles, sliding doors etc) we reserve the right to amend the quote on site, as per section 3.3
4. Payment
4.1 Payment by the Customer is due on completion of the Works or after each day of work carried out, Build My Flat Pack 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 Build My Flat Pack 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 Build My Flat Pack 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 Build My Flat Pack 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 Build My Flat Pack have quoted for at the property on the day Build My Flat Pack arrive. Any missing furniture built at a later date is treated as a new booking and a new quotation is required from Build My Flat Pack 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 Build My Flat Pack 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 Build My Flat Pack has agreed otherwise in writing.
4.5 Build My Flat Pack 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 Build My Flat Pack 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. Build My Flat Pack 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, Build My Flat Pack 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 Build My Flat Pack to undertake the Works. The Customer will at all times provide a safe working environment for Build My Flat Pack and its employees and sub-contractors for the purposes of carrying out the works. The Customer shall indemnify Build My Flat Pack against all claims of whatsoever nature made by third parties arising out of the presence of Build My Flat Pack its employees or sub-contractors on the Customer’s property save where such claim results directly from negligence on Build My Flat Pack’s part. The Customers shall be liable to Build My Flat Pack for all loss of damage whether direct, indirect or consequential which is suffered by Build My Flat Pack 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 Build My Flat Pack 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. Build My Flat Pack will not be responsible for parking tickets or fines, such costs, if incurred, will be covered by the Customer. If Build My Flat Pack is unable to start or complete the works due to lack of or unsuitable parking then Build My Flat Pack reserve the right to charge the full agreed price, or minimum amount equivalent to our current hourly rate 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 Build My Flat Pack’s main service is the assembling and or dismantling of flat pack furniture and other flat pack items. For safety reasons, we highly recommend that furniture is secured to walls to prevent from overspill in all instances. Build My Flat Pack routinely carry a range of fixings to secure items of furniture to the wall (brick and plasterboard).
8.2 On 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. Build My Flat Pack 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 Where possible, Build My Flat Pack will utilise wall scanners to detect electrical wires, water/heating pipes or other cables that may be present within the wall in an attempt to avoid drilling through them. Whilst wall scanners can give an indication of whether or not there may be an obstruction within a wall, these devices are not 100% reliable.
8.4 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 Build My Flat Pack is required to assemble the furniture in by the Customer before Build My Flat Pack arrives on site. Moving boxes into rooms will be charged at an additional price and must be agreed before Build My Flat Pack arrives on site. In the event that the items are not suitably located as described, Build My Flat Pack 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. Build My Flat Pack 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 Build My Flat Pack’s arrival on site. Build My Flat Pack 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). Build My Flat Pack will agree to return to complete the Works under a new Quotation or Build My Flat Pack 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 Build My Flat Pack (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, via email, 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 Build My Flat Pack damages property during the assembly of products or whilst carrying out any other services provided by Build My Flat Pack, Build My Flat Pack 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 Build My Flat Pack.
13 Defects
13.1 Subject to our Inspection of Works terms above and the exclusions listed below, Build My Flat Pack 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 Build My Flat Pack’s obligations under the Contract and provided that details of the defect are notified by the Customer to Build My Flat Pack in writing with such period that Build My Flat Pack 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 Build My Flat Pack and which is paid for by the Customer by the due date for payment ascertained in accordance with the Payment terms above. If Build My Flat Pack 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 Build My Flat Pack, Build My Flat Pack 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 Build My Flat Pack 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 Build My Flat Pack
- Systems or structures not installed by Build My Flat Pack
- Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to Build My Flat Pack 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 Build My Flat Pack)
- Structural defects encompassing but not limited to subsidence and its resultant effect
- Defects found after use of Build My Flat Pack’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 Build My Flat Pack 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 Build My Flat Pack 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 Build My Flat Pack’s use in the execution of the contracted works.
– The safety of machinery belonging to or hired in by Build My Flat Pack or its employees and sub-contractors and shall indemnify Build My Flat Pack against its loss, theft or damage.
15.2 The Customer must let Build My Flat Pack 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 Cancellations
16.1 If the Customer cancels the contract without Build My Flat Pack’s consent other than pursuant to paragraph 3.2, the Customer shall indemnify Build My Flat Pack 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 Build My Flat Pack’s right to payment in accordance with our Payment terms above.
16.2 If the Customer wishes to cancel an appointment or Build My Flat Pack 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 Build My Flat Pack reserves the right to charge a 20% cancellation fee.
17 Limitation of Liability and Liability of Flat Pack Swansea
17.1 Build My Flat Pack’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 Build My Flat Pack’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 Build My Flat Pack’s and the Customer incurs such costs.
18 Indemnity
18.1 The Customer shall indemnify Build My Flat Pack against all actions, suits, claims, demands, losses, charges, costs and expenses which Build My Flat Pack 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 Build My Flat Pack’s entire liability in respect of the Works and Build My Flat Pack’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 Build My Flat Pack 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 Build My Flat Pack unless sanctioned in writing by Build My Flat Pack. No forbearance or delay on Build My Flat Pack’s part shall prejudice Build My Flat Pack’s rights and remedies under this contract.
21 Severance
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
Acceptable Use
Your access to and use of Build My Flat Pack 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.
Advice
The contents of Build My Flat Pack website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
Change of Use
Build My Flat Pack reserves the right to:
a) change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Build My Flat Pack 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
Build My Flat Pack 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 Build My Flat Pack 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 Build My Flat Pack. Your details will be kept as a record of you using our service.
Advertising Use
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 Build My Flat Pack are only advertising products or very similar products supplied by Build My Flat Pack and therefore we are not required to give you the option to not receive marketing material. Should you wish to be removed from Build My Flat Pack's mailing list you should email buildmyflatpack.uk@gmail.com where the aim is to remove you from the mailing list within 48 hours.
Copyright
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 Build My Flat Pack or otherwise used by Build My Flat Pack as permitted by law.
Content
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, Build My Flat Pack 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) Build My Flat Pack 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.
Indemnity
You agree to indemnify and hold Build My Flat Pack 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 Build My Flat Pack arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
Severance
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.
Governing Law
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.