Client and Contractor

This general service Agreement (the “Agreement”)

Between YOU (the “Client”)

-And-

BespokeCrete Ltd, 7 Telford Way, Thetford, Norfolk, IP24 1HU – 08000614157

(the “Contractor”)

Background

A) The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide Services to the Client.

B)The Contractor is agreeable to providing such Services to the Client on the terms and conditions set out in this Agreement.

C)Please read thoroughly and carefully as our terms and conditions are relevant to you for the work that is being carried out.

D)By accepting the estimate and/or invoice, you agree to be bound to the contractor’s terms and conditions listed below, unless agreed otherwise in writing.

E)Any payment received from the client automatically enrolls the client into acceptance of these Terms and Conditions unless agreed otherwise in writing.

Term of Agreement

1. The Term of this Agreement (the “Term”) will begin on the date of the acceptance of an estimate, invoice or Pro Former invoice and will remain in full force and effect until full payment has been received or subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended with the written consent of both Parties.
2. Once works have been completed and paid for in full – all works are automatically “signed off” as satisfactory unless otherwise agreed in writing. 

Product Suitability

3. Samples – Sample viewing must have taken place prior to selecting the final colours and finishes to ensure the product meets the client’s requirements. All  floors are hand applied on site and therefore installations may have a unique degree of variation and markings not always visible within a sample. 

4. Stain Resistance – Our Microcement products offer varying degrees of stain resistance. The client’s requirements for protection against stains should be discussed prior to the recommendation of suitable products – especially if the client feels the need. Products coated with a polyurethane sealer will provide greater stain protection over a product sealed with impregnators but will offer slightly less durability. 

5. Durability – A discussion should be had to determine the level of durability required by the client and suitable products recommended to meets these needs. A polished surface such as our polished toppings or polished microcement will provide greater abrasion resistance over a product sealed in Polyurethane. We also offer various grades of Polyurethane of which the benefits and drawbacks shall be explained when viewing samples. 

6. Cracking – There are numerous precautions that can be taken to reduce the risk of cracking:

• The substrate must be allowed to dry naturally until below 6% moisture. 
• If underfloor heating is installed this must be commissioned a minimum of 2 weeks prior to us attending site and be switched off for the duration of the installation. 
• If expansion joints are present these should be replicated through the finished surface. 
• When turning the underfloor heating on for the first time the temperature should be brought up slowly over the period of a few days. 

After the preparation works are complete (diamond grinding of the concrete removes the top layer and can expose additional cracks that were not visible at the first inspection) a thorough survey of the substrate shall take place. Upon revealing cracks, the following repair procedures can be utilised (at additional cost) to help mitigate against cracks reappearing in the surface finish: 

• Widening of the crack using diamond tools to allowing subsequent repairs 
• If required installation of stainless-steel crack reinforcing bars can be installed across the crack at 100mm centres 
• Epoxy resin injection / Mortar installed within the widened crack 
• Epoxy resin reinforced fibreglass mesh can be installed across the entire floor as part of a full belt and braces specification (at additional costs agreed by client). 

A small number of crack repairs are normally allowed within the quotation, however if the size or quantity of cracks within the subfloor is deemed to be above average a discussion shall be had with the client before any other work commences. At BespokeCrete – we understand that most clients do not wish to see cracks within their finished floors, therefore we always recommend all precautions necessary to help minimise the risk. 

Services Start Date and Cancelation period

7. Services start date is agreed with the client, with an initial deposit required to secure the agreed date. Once that deposit is deceived – this contract is effective. Instillation dates can be moved – where required but no guarantee can be given on exact dates. these will be subject to availability. 
8. The Client must give 4 weeks written notice of Cancelation of the services to the Contractor. 
9. If 4 weeks written notice has not been given by the Client, the deposit is non-refundable (please see ‘Payment’ for deposit terms and conditions).

Before/During Works

10. Exact requirements shall be discussed during a site meeting, however these normally consist of sole access to the work area, sufficient power (240v supply), clean water, suitable lighting and good site access for plant / machinery. 
11. BespokeCrete LTD can not be held responsible for any problems arising due to activity in these areas when they are not at the premised. Any rectifications will be billed accordingly. 
12. When a site inspection is carried out, please make sure the area that is needed to be worked on is ready/level (floors level etc.)
13. All area must be clean and ready to receive the Microcement application. Any extra days or works completed at different times added to the works will incur extra fee’s, unless agreed by both parties beforehand. 

Completion

14. Once works are concluded the Client and Contractor shall inspect the work together to agree the Services are complete and that they are satisfactory. After the final payment has been received – this would indicate that the client is happy with all works carried out.  
15. The product aftercare document is available from BepsokeCrete or can be viewed at the bottom of this page. 

Payment

16. The Contractor will charge a fee of 50% deposit before any works are carried. Any installation dated 3 months or more in advance are subject to a 25% deposit, with a further 25% deposit required 6 weeks prior to start date. This deposit is to secure all installation dates for the Services (the “Payment”).
17. The 50% deposit of the total cost of the services before any works starting is due to the contractor at least 6 weeks prior to the Services start date. The deposit will be deducted from the final Payment. 
18. Any CIS applicable contractors are subject to a 50%  deposit as listed in section 16 and 17 (above) and are also liable for a further 25% invoice of the total works, part way through the instillation with the final (and remaining) 25% invoice due on completion. 
19. The Client will be invoiced for the remaining part of the Payment when the services are complete and that is due on completion. 
20. Completion Invoices submitted by the Contractor to the Client are due within 7 days of receipt. 
21. In the event that this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Contractor will be entitled the initial 50% deposit, along with a further 25% of the total works – provided that there has been no breach of contract on the part of the Contractor. 
22. The Payment as stated in this Agreement does not include Value Added Tax (VAT) Any Value Added Tax required will be charged to the Client in addition to the Payment, unless exempt – where proof will be required. 
23. Any CIS applicable Invoices shall have the Value Added Tax paid directly to HMRC on the Contractors behalf, along with the CIS (Construction Industry Scheme) deduction where applicable. 
24. Any extra works entailed during the installation shall be discussed with the client and billed on completion. 

Modification of Agreement 

25. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only by binding if evidence in writing signed by each Party or an authorised representative of each Party. 

Assignment 

26. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client. 

Warranty

27. The Contractor does NOT warrant against cracking due to the unpredictable nature of movement within a concrete slab. Please reference section 5. As above. 

Governing law

28. This Agreement will be governed by and construed in accordance with the laws of England.

Severability 

29. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.