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Tiling services terms and conditions

This document is a set of standard T&Cs of business for a tiler or tiling services business. It can be used in relation to business customers, both large and small, as well as domestic customers. A wide range of optional provisions are included in the document, allowing for easy adaptation. For example, the T&Cs include optional clauses in respect of the making and cancellation of customer visits, access to and safety of customer premises, and management of the contract. In general terms, the document has been drafted with the protection of the service provider in mind, although it can easily be edited to be more customer-friendly.

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Tiling services terms and conditions contents

  1. Definitions: definitions.
  2. Term: commencement of term; end of term: indefinite, or services completed and payment made; each contract distinct.
  3. Services: obligation to provide services; standard of services (B2C or mixed); failure to meet services standard; devotion of personnel to services; services: compliance with law; services: compliance with reasonable customer requests; time estimates for services; customer responsible for provision of materials; matters outside the scope of the services; waste upon completion of services.
  4. Services appointments: services appointments; late services appointments; rescheduling services appointments; cancellation of services appointment on notice; personnel shortage and cancellation of appointments.
  5. Provider
    personnel:
    assurances relating to personnel.
  6. Materials: obligation to supply materials; written quotation to supply materials; delivery and installation of materials at premises; responsibility for delivery of materials; risk in materials (B2C or mixed); title to materials; materials held by second party as bailee; recovery of materials by first party; action for price of materials where title not passed; materials warranties (B2C or mixed).
  7. Customer
    Premises
    :
    obligations of second party in relation to premises (B2B or B2C); clearing of premises for services; compliance with policies at premises (B2B or B2C); securing means of access to premises.
  8. Customer
    obligations:
    general second party obligations; provision of access to utilities.
  9. Provider
    Equipment
    :
    storage of first party equipment; no using etc equipment without consent; responsibility for loss of equipment; first party equipment following termination.
  10. Representatives: instructions given by second party representatives.
  11. Charges: obligation to pay charges; time-base charges limitations; amounts inclusive or exclusive of VAT (B2B or B2C); variation of charges.
  12. Timesheets: obligation to keep timesheets; obligation to supply timesheets.
  13. Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments (B2B or B2C).
  14. Distance and off-premises contracts: cancellation right: distance and off-premises contracts: cancellation right for consumers; cancellation right for services and digital content; consumer agreement to provision of services; exercise of cancellation right; refund upon services distance contract cancellation; refund method; refund timing for services and digital content; exception to cancellation right for urgent repairs and maintenance.
  15. Warranties: first party warranty of authority; second party warranty of authority; exclusion of implied warranties and representations.
  16. Customer
     indemnity:
    second party indemnifies first party upon breach.
  17. Limitations and exclusions of liability: caveats to limits of liability (B2C or B2C); interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of opportunities; no liability for consequential loss; per event liability cap upon services contract; aggregate liability cap upon services contract.
  18. Force Majeure Event: obligations suspended for force majeure; force majeure notification and information; mitigation of effects of force majeure.
  19. Termination: termination without cause (optionally assymetric); termination by either party without cause; termination upon breach; termination upon insolvency; termination upon non-payment.
  20. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights.
  21. Status of
    Provider
    :
    first party is independent contractor not employee; no redundancy or compensation.
  22. Notices: contractual notices must be in writing; methods and deemed receipt of contractual notices; substitute contact details for notices.
  23. Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
  24. General: no waiver; severability; variation written and signed; assymetric assignment of contractual rights (B2B, B2C or mixed); no third party rights; entire agreement: documents; governing law; exclusive jurisdiction.
  25. Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.

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