Fabritec Quotation & Contract Terms and Conditions (SEE BELOW)

Fabritec Website Terms and Conditions

The following terms and conditions govern all use of the AbbeyFloorCare.co.uk website and all content and services and products available through the website (taken together, the Website). The Website is owned and operated by Fabritec ("Fabritec"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Fabritec Privacy Policy) and procedures that may be published from time to time on this Site by Fabritec.(collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Fabritec, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

By linking to a non-Fabritec website or webpage, Fabritec does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Fabritec disclaims any responsibility for any harm resulting from your use of non-Fabritec websites and webpages.

Copyright Infringement and DMCA Policy.

As Fabritec asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by AbbeyFloorCare.co.uk violates your copyright, you are encouraged to notify Fabritec in accordance with Fabritec Digital Millennium Copyright Act ("DMCA") Policy.

Fabritec will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

Fabritec Logo

The AbbeyFloorCare.co.uk logo, and all other trademarks, service marks, graphics and logos used in connection with AbbeyFloorCare.co.uk, or the Website are trademarks or registered trademarks of Fabritec or Fabritec licensors.

Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Fabritec or third-party trademarks.

Disclaimer of Warranties

The Website is provided "as is". Fabritec and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Fabritec does not makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Fabritec Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless Fabritec, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous.

This Agreement constitutes the entire agreement between Fabritec and you concerning the use of this website, and they may only be modified by a written amendment signed by an authorized executive of Fabritec, or by the posting by Fabritec of a revised version.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the UK, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in UK.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules.

The arbitration shall take place in UK, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.

A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Fabritec may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Terms and Conditions are reviewed for every quotation we give and contract we undertake. Please refer to the Terms and Conditions provided with our quotation.

PERIOD OF ACCEPTANCE

The quotation is open for acceptance within three months from the date thereof and is subject to Fabritec, receiving reasonable notice to commence work within one month after receipt of such acceptance and having labour and materials available at the date of commencement requested by the customer.  No work will be carried out until we are in receipt of a signed acceptance of our official estimate.

FLUCTUATIONS                                                                               

Unless otherwise stated in the quotation, the contract price is fixed for 3 months and based on the cost of materials, equipment hiring of equipment labour and other emoluments and expenses and transport ruling at the date of quotation.  Increases or decreases in the cost of executing the work which is consequent upon any change in any of such costs or upon any change in or imposition of any new Government taxes, levies, statutes or contributions payable by Fabritec In the respect of employees engaged upon or in connection with the work shall be a net addition or deduction from the contract price, in addition, after 12 months the contract price will be increased annually at the RPI application anniversary date.

WORKING HOURS

Unless otherwise stated in the quotation the contract price allows for the work to be executed during the normal working hours of Fabritec 09:00 - 17:30.  If overtime is caused (other than a default of Fabritec) to be worked, the cost in respect of such overtime plus a reasonable proportion of overheads shall be chargeable and payable by the customer as an addition to the contract price.  The customer shall make available to Fabritec at the end of the works, an authorised person to sign that the works have been carried out to the customer’s satisfaction.

CLEANING

Unless otherwise stated in the quotation cleaning means removal of surface dirt and grease and not removal of any coating paint, surface treatment, exfoliation, efflorescence, or deep-seated staining from the surfaces to be cleaned.  No liability will be accepted by Fabritec for any damage, defects, loose grout or deep-seated staining exposed by the cleaning process. After cleaning, the surface areas will be commensurate with age and condition.

WATER, GREASE AND DUST.  

No liability will be accepted by Fabritec to the customer or any other person for the loss of or damage to any item or property, to injury or death of any person or any loss of any person caused by, arising out of or resulting from the escape, penetration or generations of water, grease or dust, after Fabritec has taken reasonable precautions, to restrict the same and the customer shall indemnify Fabritec against claims by third parties in respect of any such loss, damage, injury or death.

6 FOODSTUFFS AND FITTINGS

Fabritec requires that the customer prior to the commencement of the work removes all foodstuffs and fittings and may remove at customer’s expense any of them not so removed. The repair and re-fixing of any fixtures shall be the responsibility of the customer.  Unless otherwise stated in quotation Fabritec shall not be responsible for any damage done to any fixture or fitting and the customer shall indemnify Fabritec against any claims by third parties in respect of any such damage.

7 PLANT AND MACHINERY

No liability will be accepted by Fabritec for any loss or damage to any persons property, to injury or death of any person, or any loss to any person caused by arising out of the use of or interference with plant, machinery or means of access by persons other than employees of Fabritec and the customer shall indemnify Fabritec against any claims by third parties in respect of any such loss, damage, injury or death.

8 DELAYS

(a) Any loss incurred by Fabritec, including losses in respect of wages and appropriate overhead, traveling expenses and plant hire attributable to delays in the work beyond the direct control of Fabritec shall be chargeable and payable to the customer in addition to the contract price. It shall be a condition precedent to any liability for any delay alleged to be due to the default of Fabritec within seven days of the delay commencing.

(b) Where the Fabritec arrive on site at a pre-arranged time and date and are denied access for whatever reason, then a charge equal to 50% of the invoice value shall be payable by the customer in addition to the actual invoice for the works which will be raised on the eventual completion of the works.

9 ACCESS

(a) Unless otherwise stated in the quotation the customer shall provide means of access to the work in conformity with all statutes and regulations relating thereto and requirements of Fabritec free of charge and so as enable Fabritec to execute the work in one continuous operation.

(b) Where it is stated in the quotation that Fabritec will provide means of access to the work, no liability will be accepted by Fabritec for any damage done to roofs, glass internal or external cladding during the course of erecting using or dismantling such means of access and the customer shall indemnify Fabritec against claims by third parties in respect of such damage.

(c) Where access is being provided by the customer and any scaffolding, platform or cradle will encroach on or be suspended over a highway, the customer shall obtain and produce to Fabritec the requisite consent of the highway authority before Fabritec commence work.

(d) Fabritec must be allowed, free of charge, access within the building when required for executing work.

10 SERVICES

The customer shall make available to Fabritec free of charge, an adequate electricity supply from convenient points, suitable vehicle access to and from the place of work within the site, loading and unloading, storage facilities, convenient facilities for connecting any hoses and supply of hot and cold water.

11 VARIATIONS

No variations of the quotation or contract shall be binding on Fabritec unless confirmed in writing by it.  All additional work will be the subject of a separate contract unless Fabritec and the customer agree in writing before such additional work is started:

(a) that such additional work shall be executed under this contract and

(b) the amount of rates for calculating the amount by which the contract price is to be increase, in respect of such additional work

12 TEAMS AND PAYMENTS

Fabritec require the following deposits on all Commercial and Domestic work undertaken this must be paid before commencement of work.

Under £1000.00 a 25% Deposit is required

Over £1000.00 a 50% Deposit is required

Failure to do so may result in Fabritec postponing or cancelling the scheduled work.

N.B This excludes any pre-planned or existing maintenance clients and maintenance contracts.

12.1 All sums due to Fabritec are due immediately on completion of the work.

12.2 In the case of work for which the contract period extends for more than one week, interim accounts may be rendered by Fabritec at its discretion.  Payment of all approved account work is due immediately on presentation of invoice. In the event of any failure by the customer to do so, Fabritec may suspend or discontinue the work and remove any equipment and materials but without prejudice though any other rights or remedy. Fabritec reserves the right to charge interest on all overdue accounts at 2.5% over the base rate from time to time of National Westminster Bank PLC Per Annum.

13 VALUE ADDED TAX

Unless stated otherwise, prices and rates shown in Fabritec literature, correspondence, quotation, contract, invoices and certificates are exclusive of Value Added Tax. Value Added Tax will be payable to Fabritec as an addition to such tax-exclusive prices and rates, at the rate of rates prevailing from time to time and Fabritec shall be entitled to adjust the rate amount of Value Added Tax. Retrospectively or otherwise to comply with any rulings made by H.M. Customs and Excise affecting any goods or services sold hired or provided by Fabritec.

14 SITE FACILITIES

The customer will provide without charge to Fabritec all facilities required for Fabritec Employees under the construction (Health and Welfare): regulation 1996 and the Health and Safety at Work Act 1974 as amended or any statutory modification or replacement thereof for the time being in force.

15 CUSTOMER’S CONDITIONS

The commencement of the work shall operate as an acceptance by customer of these conditions, which shall apply to the exclusion of all these terms and conditions whatever.  No variation of or addition to these conditions shall be effective, whether or not specified in any order of acceptance issued by the customer, unless Fabritec agrees to it in writing.  Fabritec will be entitled to vary or withdraw the quotation in the event of the customers issuing an order or acceptance subject to other terms or conditions.

16 DEFECTS/COMPLAINTS

Any item included in the quotation, which fails to meet the customers expectation shall be investigated. If proven, will be rectified within 21 days of the receipt in writing of any defect. The customer shall be entitled to withhold 20% of the invoice value until such defect is rectified. Fabritec will not be held liable for any complaint received more than 30 days after the work being completed.

17 INSURANCES - All our employees are covered by our Employers & Public liabilities Insurance, a copy which can be seen on request.