Terms & Conditions of Engagement

1. AGREEMENT
   1. The following Terms and Conditions of Engagement (“the Agreement”) shall apply to all agreements, contracts or sub-contracts between Industrial Resin Floor Ltd (“IRFL”) and any other person, firm or company (“the Customer”) for the carrying out of the Services by IRFL notwithstanding and to the exclusion of any of the Customer’s own terms and conditions of contract.
   2. The “Services” are the scope of works detailed within the IRFL Quotation.

 

2. PROGRAMME
   1. The rates and prices we have detailed have been based on the assumption that there will be one visit to site with exclusive and unobstructed access to all areas unless agreed otherwise.
   2. The notice IRFL requires before commencing works on site is three weeks.
   3. If there is a cancellation or postponement of the Services then IRFL reserves the right to recover any costs associated with the cancellation or postponement from the Customer.
   4. IRFL shall use all reasonable endeavours to meet any performance dates for the Services as may be specified in the quotation, but any dates shall be estimates only and time shall not be of the essence for carrying out the Services.

 

3. SITE OPERATIONS
   1. The IRFL quotation is based upon the Customer providing all the attendances listed within the quotation.
   2. During the installation process the working area or areas shall be clear and unobstructed at all times for the duration of the Services in order to prevent damage and surface contamination.
   3. The installation process is a series of pre-determined operations and if one of these operations is changed or delayed as a result of the actions of the Customer or his employees and subcontractors then it may detract from the final finish. If there is an interruption in the process then it may also cause delay and/or disruption and/or prolongation. IRFL reserves the right to recover any costs associated with any delay and/or disruption and/or prolongation from the Customer
   4. The materials installed are relatively thin section and will follow the falls and contours of the existing substrate. Unless otherwise agreed IRFL has not included for any additional regulating products nor any additional floor preparation treatment.
   5. The IRFL Quotation is based on the surface conditions being fair faced. The Customer must ensure that the substrate is level and suitable for the installation of the quoted IRFL products. Extra works required to rectify surface defects such as cracks within the substrate not evident at the time of tender/inspection will be charged.
   6. Generally, depending on thickness, new concrete must be allowed to cure for up to 28 days prior to overlayment. If the concrete slab is open to the elements then this period may need to be extended. The Customer must ensure that the substrate meets the required moisture content criteria stated in the appropriate IRFL Product Data Sheet and Method Statement.
   7. The Customer shall provide appropriate heated, lockable dry storage, free of charge for all of IRFL’s materials plant and equipment.
   8. The Customer shall provide free of charge adequate heating and tenting as required to ensure application and curing proceed without delay. Temperature and humidity requirements shall be those stated in the appropriate IRFL Product Data Sheet and Method Statement. Time lost as a result of low temperatures may cause delay and/or disruption and/or prolongation. IRFL reserves the right to recover any costs associated with any delay and/or disruption and/or prolongation from the Customer.
   9. All unloading, loading and horizontal and vertical distribution of the materials, plant and equipment will be the responsibility of the Customer unless otherwise agreed.
   10. All general rubbish and waste arising from the works will be deposited in skips provided by the Customer at a point not exceeding 50 metres from the point of access to the building or work area/s, however IRFL will be responsible for the safe removal of any specialist chemical waste.
   11. The continuation of movement joints through the applied finishes will be additional to the quotation unless otherwise stated.
   12. Should there be any evidence of cracking in the substrate following preparation which was not evident at the time of inspection or tender then IRFL reserves the right to charge for any further repairs other than those allowed for and agreed in the original tender.
   13. The Customer is responsible for the provision, free of charge, of all power including 110V, 415V or 3 phase as may be required by IRFL.
   14. IRFL will protect adjacent surfaces only as the works progress however the Customer is to provide and maintain and remove upon completion all other protection required including that following completion of the works
   15. All welfare facilities will be provided free of charge by the Customer.
   16. The Customer is to provide either the final lighting or provide temporary lighting similar to the final lighting

 

 

4. MEASUREMENT / ITEM COVERAGE
   1. The rates and prices contained within the IRFL quotation are determined by the expected material usage rates, which are based upon the quantities indicated at tender stage. If the overall final quantities for the works are reduced then IRFL reserves the right to increase the rates and prices to compensate for this.

 

5. GENERAL
   1. The quotation is based upon providing the insurances included within the IRFL insurance schedule current at time of tender. Should the Customer require different types or additional cover levels over and above those currently being provided by IRFL then these will be subject to additional premiums which will need to be paid for by the Customer. IRFL does not possess Professional Indemnity Insurance but does possess Product Liability Insurance.
   2. IRFL’s liability for any damages losses claims actions liabilities or proceedings arising out of or in connection with the carrying out of the Services by IRFL, caused solely by any error, act or omission by IRFL, shall be strictly limited to a maximum of 5% of the contract sum and in the case of time related liquidated and ascertained damages and the like to 1% of the contract sum per week up to a maximum of five weeks.
   3. IRFL shall not be liable to the Customer or be deemed to be in breach of the Agreement by reason of any delay in carrying out the Services if the delay or failure was due to any cause beyond IRFL’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond IRFL’s reasonable control: Force Majeure, exceptionally adverse weather conditions, explosion, flood, tempest, fire or accident, war, sabotage, civil disturbance, changes in any legislation, bye-laws or regulations from the date of the IRFL Quotation to the completion of the Services, strikes, lock outs, power failure, machinery breakdown, lack of availability of materials, labour, fuel, utility service or machinery.
   4. All materials supplied remain the property of IRFL until full payment is received.
   5. These Terms and Conditions of Engagement will form the Agreement between IRFL and the Customer and in the event of any discrepancy or variance, take precedence over any other contractual documentation.
   6. IRFL has not allowed for the provision of a Performance Bond or for the provision of a Parent Company Guarantee.
   7. IRFL can enter into collateral warranties subject to the agreement of the terms and conditions.
   8. The Customer can only assign the benefit or burden of this Agreement with the prior approval of IRFL.
   9. Copyright and all other intellectual property rights in all documents and media prepared by IRFL remain with IRFL.
   10. The Agreement may be terminated by either party on the expiry of 14 days written notice. Termination by the Customer shall be subject to the payment of all reasonable costs and charges incurred by IRFL up to the time of termination.
   11. IRFL shall comply with all statutory requirements which affect the carrying out of the Services.
   12. If any provisions of the IRFL Quotation or the IRFL product data sheets and method statement at any time conflict with these terms and conditions, the terms of the IRFL Quotation and the product data sheets and method statements shall prevail
   13. The Agreement constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of IRFL which is not set out in the Agreement. Any samples, drawings, descriptive matter or advertising issued by IRFL and any descriptions or illustrations contained in IRFL’s brochures are issued or published for the sole purpose of giving an approximate idea of the services and works described in them. They shall not form part of the Agreement.

 

 

6. WARRANTY
   1. IRFL shall carry out the Services using reasonable skill and care and in a good workmanlike manner and shall incorporate into the works only materials which are sound and of good quality. IRFL will repair any material or workmanship defects which occur within twelve months of when the Services were completed by IRFL.
   2. IRFL will not be responsible for any defect arising from wear and tear, wilful damage, negligence, impact, abnormal working conditions, failure to follow IRFL’s instructions (whether oral or in writing), failure to protect the works, misuse or alteration or repair or the works without IRFL’s prior approval, the occurrence of reverse impact, or the effect of osmotic or hydrostatic pressure or moisture vapour transmission or structural cracking of floors and walls or the use of cleaning methods without IRFL’s approval

 

7. PAYMENT TERMS
   1. IRFL will submit on account interim applications at monthly intervals. Payments will be made by the Customer within 30 days of the end of the month that the works were carried out, unless otherwise agreed.
   2. The Customer shall pay interest on all outstanding amounts after the above periods have expired at the rate of 5% above the Bank of England minimum lending rate in force on the day the amount becomes overdue.
   3. Where IRFL has made a claim for payment in accordance with clause 8.1 then if the Customer intends to withhold payment of part or whole of the sum claimed they must serve a pay less notice on IRFL not less than five days prior to the date that the sum becomes due. The pay less notice must specify the sum the Customer considers to be due on the date the notice is served together with the basis on which the sum is calculated.
   4. The Customer agrees that IRFL may immediately suspend the works if any sums properly due to IRFL have not been paid by the final due date for payment.
   5. No retention is to be deducted from payments to IRFL unless specifically agreed. If retention is agreed to be deducted then for projects with a duration of more than 3 months, 50% of the retention is to be released upon completion of each relevant section of the works with the remaining 50% released 12 months after.

 

8. LAW
   1. The interpretation and application of the agreement shall be in accordance with English law and both parties hereby agree to submit to the exclusive jurisdiction of the English Court.
   2. If a dispute or difference arises under this Agreement then either party may give written notice to the other requiring the dispute to be referred to an Adjudicator under the procedure and in accordance with the rules prescribed in the TeCSA Adjudication Rules current at the time of the dispute arising
   3. For the avoidance of doubt, nothing in this Agreement confers or is intended to confer on any third party any benefit or the right to enforce any term pursuant to the Contracts (Rights of Third Parties) Act 1999.

 

Version 1.1 – 12th January 2026