Terms

1. About these terms

These terms explain the general basis on which KB Tiling Essex supplies tiling and related services. They are intended to be read together with the quotation, estimate, scope of work, drawings or specifications, written variations and invoice relating to a particular project. If there is a conflict, the specifically agreed written terms for that project will normally take priority over these general terms.

Nothing in these terms is intended to remove or reduce any rights that a consumer has under law. In particular, services supplied to consumers must be carried out with reasonable care and skill and, where the contract does not fix the time or price, the law may imply a reasonable time and reasonable charge.

2. Quotations, estimates and formation of the contract

A quotation is based on the information available when it is prepared, including the apparent condition of the work area, measurements, drawings, photographs, tile specification and information supplied by the customer or other trades. Unless the quotation says otherwise, it does not include work that could not reasonably have been identified before the work starts.

A contract is formed when the customer accepts the quotation or scope of work in the manner requested by KB Tiling Essex, or otherwise clearly instructs us to proceed and we accept that instruction. Any requested change to the agreed scope may require a revised price, programme or both.

An estimate is an indication of likely cost rather than a fixed quotation. Where a price cannot reasonably be fixed in advance, we will explain how the charge will be calculated so far as reasonably possible.

3. Prices, VAT, deposits and payment

The quotation or invoice will state the price, the payment schedule and whether any deposit or advance payment is required. Any tax that must legally be charged will be dealt with in accordance with the applicable law and the information shown on the quotation or invoice.

A deposit may be used to reserve time in the programme or fund materials ordered specifically for the project. Deposits and cancellation charges will not be treated as automatically non-refundable in every circumstance. If a customer lawfully cancels, any amount retained will be limited to sums that can fairly be retained having regard to work already carried out, materials or commitments that cannot reasonably be recovered, and other genuine losses caused by the cancellation.

Payment is due in accordance with the dates or stages shown on the quotation or invoice. If an undisputed payment becomes overdue, we may pause further work after giving reasonable notice where it is fair and lawful to do so. Pausing work can affect the completion date.

4. Consumer cancellation rights

Where a consumer contract is made at a distance, for example by telephone or online, or is an off-premises contract made in circumstances covered by consumer cancellation law, the customer may have a statutory right to cancel within 14 days without giving a reason. Where that right applies, the legally required cancellation information should be provided as part of the contracting process.

If a customer asks us to start a service during a statutory cancellation period, we may ask for an express request to begin early. If the customer then cancels while the service is only partly complete, the law may permit a proportionate charge for the service supplied up to cancellation. If the service has been fully performed during the cancellation period after the required express request and acknowledgement, the statutory right to cancel may end. These provisions apply only where the relevant consumer law gives the customer those rights.

Any cancellation right described here is in addition to, and does not replace, other statutory remedies that may apply if services are not supplied as agreed.

5. Customer-requested cancellations outside a statutory cooling-off period

If a customer wishes to cancel or postpone booked work outside any statutory cancellation right, the customer should contact us as soon as possible. We will take reasonable steps to reduce avoidable loss, including trying to reallocate labour or cancel recoverable orders where practical.

Where cancellation causes genuine loss, we may seek a fair amount reflecting work already carried out, non-recoverable or specially ordered materials, reasonable administration or mobilisation already incurred, and other loss that cannot reasonably be avoided. We will not rely on an excessive fixed penalty merely because it appears in a contract.

6. Access to the property and working conditions

The customer is responsible for providing safe and reasonable access to the property and the work area at the agreed times. Unless otherwise agreed, the customer should remove fragile or valuable items from the immediate area and provide reasonable access to electricity, water and sanitary facilities where these are required for the work.

The customer should tell us before work begins about any known restrictions, permits, parking arrangements, access rules, alarms, pets, vulnerable occupants, asbestos concerns, concealed services, underfloor heating, unusual substrate construction or other matter that may affect safe and efficient completion of the work.

We may stop or postpone work where continuing would create an unacceptable health and safety risk, where the work area is not reasonably accessible, or where another condition outside our reasonable control makes it unsafe or impracticable to continue. We will explain the issue and, where appropriate, agree the next steps.

7. Existing surfaces, hidden defects and preparation

Tiling depends heavily on the condition, stability, level, moisture content and suitability of the underlying surface. We will carry out the preparation included in the agreed scope, but opening up or removing existing finishes can reveal defects that were not reasonably visible beforehand, including movement, damp, damaged boards, failed screeds, inadequate falls, structural cracking, unsuitable adhesives, poor previous workmanship or hidden services.

If an unforeseen issue is discovered, we may need to stop the affected part of the work and explain what additional preparation or specialist input is reasonably required. Extra work will not be treated as included in the original fixed price unless the original scope clearly included it.

We are not responsible for a pre-existing defect that could not reasonably have been identified before work began, but this does not affect responsibility for any failure caused by our own work.

8. Tiles, stone, grout and other materials

Tiles and natural materials can vary in shade, calibre, pattern, texture and appearance between batches and individual pieces. Natural stone and products designed to imitate natural materials may have particularly noticeable variation. Reasonable visual variation of this kind is not necessarily a defect in workmanship.

Where the customer supplies tiles or other materials, the customer is responsible for ensuring that the product is suitable for the intended use and that enough matching material is available, unless we have expressly agreed to take responsibility for ordering or specification. We may advise that an additional allowance is required for cuts, breakages, pattern matching or future repairs.

We are not responsible for manufacturing defects in customer-supplied products that could not reasonably have been identified before installation. If a product appears unsuitable, damaged or materially inconsistent before installation, we will raise the issue where reasonably practicable before continuing.

Where we supply materials, substitutions will not be made for materially different products without agreement where the change would affect appearance, performance or price, except where a like-for-like change is reasonably necessary because an agreed product is unavailable and the customer agrees.

9. Layout, joints, cuts and appearance

Setting out is influenced by tile dimensions, room geometry, existing walls, floors, fittings, thresholds and the tolerances of the building itself. We will use reasonable care and skill to achieve a balanced professional layout, but perfectly symmetrical cuts or perfectly straight lines cannot always be achieved where the underlying structure is not square, level or plumb.

Grout and silicone colour can appear different under different lighting and against different tile finishes. Samples, photographs and screens are indicative only. Where the customer makes an aesthetic choice after being given reasonable information, the fact that the customer later prefers a different appearance does not by itself mean that the work is defective.

10. Waterproofing, wet areas and underfloor heating

Where tanking, waterproofing systems, decoupling systems, movement joints or specialist preparation are included, the agreed system will be installed in accordance with the scope and the relevant product requirements so far as they apply to our work.

The customer must disclose known underfloor heating systems before work begins. Heating systems may need to be tested, isolated, commissioned or brought back into use in accordance with the manufacturer's requirements. Unless expressly included, electrical, plumbing, structural engineering and specialist heating work are not part of the tiling service.

11. Other contractors and third parties

We will take reasonable care to coordinate with other trades where coordination forms part of the project. We are not responsible for delays, defects or damage caused by another contractor, supplier or person outside our control, although we remain responsible for our own work.

If another trade alters, damages, covers, contaminates or works over our completed or partly completed work, any resulting remedial work may be chargeable unless the issue was caused by our own breach.

12. Programme, delays and completion dates

Any start date or completion date is based on the information available at the time and may depend on drying and curing times, material deliveries, site readiness, access, weather where relevant, the progress of other trades and unforeseen conditions. Unless a date has been expressly agreed as a strict contractual deadline, dates are estimates and may need to move for reasonable causes.

If a delay is caused by us, we will take reasonable steps to minimise it and keep the customer informed. If a delay is caused by the customer, another contractor, a supplier, an unforeseen site condition or an event beyond reasonable control, the programme may be extended by a reasonable period.

13. Variations and additional work

No substantial additional work will be treated as agreed merely because it is convenient to carry it out while we are on site. Where the scope changes, we will seek to agree the change and any price or timing effect before carrying it out, except where urgent work is reasonably necessary to make the site safe or prevent avoidable damage and it is not practicable to obtain instructions first.

Small practical adjustments that do not materially change the price or scope may be agreed informally. Significant changes should be recorded in writing, including by email or message, so both parties have a clear record.

14. Protection, cleaning and waste

We will take reasonable care of the work area and use appropriate protection for the agreed work. Tiling and preparation are construction activities and can generate dust, noise and temporary disruption even when reasonable precautions are taken.

Removal and disposal of old tiles, packaging, rubble or other waste is included only where stated or reasonably implied by the quotation. Items or waste belonging to other contractors or arising from work outside our scope remain the responsibility of the customer or the relevant contractor unless otherwise agreed.

15. Inspection, snagging and concerns

The customer should raise any concern about workmanship as soon as reasonably possible after it becomes apparent. This gives us a fair opportunity to inspect the issue, identify the cause and, where we are responsible, propose an appropriate remedy.

Where consumer law applies and the service has not been performed with reasonable care and skill, statutory remedies may include repeat performance where that is possible and appropriate, or a price reduction in circumstances provided by law. Nothing in these terms restricts those rights.

16. Guarantees and product warranties

Any specific workmanship guarantee offered by KB Tiling Essex will be stated in the quotation, invoice or other written confirmation. A manufacturer's warranty for tiles, adhesives, grout, tanking systems or other products is subject to that manufacturer's own conditions.

A contractual guarantee or manufacturer's warranty is additional to statutory rights and does not replace them.

17. Liability

Nothing in these terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any consumer right that cannot lawfully be excluded.

For consumer contracts, we are responsible for losses that are a reasonably foreseeable result of our breach or negligence. We are not responsible for losses that are not reasonably foreseeable, or for business losses suffered by a person who entered the contract wholly or mainly for personal purposes.

For business customers, any limitation of liability will be interpreted subject to applicable law and the circumstances of the particular contract. Any project-specific commercial limitation should be stated in the quotation or written contract rather than assumed from these website terms.

18. Events outside reasonable control

Neither party will be treated as having breached the contract merely because performance is prevented or materially delayed by an event outside that party's reasonable control, provided the affected party acts reasonably, keeps the other informed where practicable and resumes performance when reasonably possible. Examples can include serious weather events, major transport disruption, unexpected site closure, fire, flood, widespread utility failure, sudden material shortage or similar events that could not reasonably have been prevented.

19. Photographs and project publicity

We may ask to photograph completed work for records, quotations, portfolio use or marketing. Where a photograph would identify a customer, a private person or information that should not reasonably be published, we will seek an appropriate basis or permission before using it publicly. Customers can tell us if there are particular privacy or security concerns about photography at the property.

20. Complaints and dispute resolution

If a customer is unhappy with any aspect of the service, the customer should contact KB Tiling Essex using the details below and explain the issue. We will aim to review the matter fairly and respond within a reasonable time.

Nothing in this section prevents a consumer from seeking independent advice or using any statutory dispute or court process available to them. We do not claim membership of an ombudsman, arbitration scheme or alternative dispute resolution body unless that is separately confirmed in writing.

21. Website information and external links

Information on this website is provided to describe our services and show examples of previous work. Project photographs and descriptions are illustrative and do not create a guarantee that a different property, substrate, tile or layout will produce an identical result.

Links to third-party websites, social media platforms, map services or review platforms are provided for convenience. We do not control third-party websites and their content, availability and privacy practices are governed by the relevant third party.

22. Personal information

Personal information is handled in accordance with the Privacy Policy published on this website. The Cookie Policy explains how cookies and similar storage or access technologies may be used.

23. Severability, waiver and changes

If a court or other competent authority finds part of these terms unlawful or unenforceable, the remaining provisions will continue to apply so far as legally possible. A delay in enforcing a right does not automatically mean that the right has been waived.

We may update these website terms from time to time. The version that applies to a particular contracted project is the version incorporated into that contract, together with any project-specific terms agreed with the customer.

24. Governing law and customer rights

For work carried out in England and Wales, these terms and the relevant contract are generally governed by the law of England and Wales, subject to any mandatory consumer protection rules that apply. Customers in Scotland, Northern Ireland or another country may have mandatory local rights that cannot lawfully be excluded by a choice-of-law clause.

Nothing in these terms is intended to prevent a consumer from bringing a claim in a court that the law entitles them to use.

25. Contact details

KB Tiling Essex can be contacted at kbtiling.essex@gmail.com, by mobile on 07581 091 242, by landline on 01245 529 613, or at Churchill Rise, Springfield, Chelmsford, Essex CM1 6FD.