| Author: | Alasdair Taylor |
| Updated: | 25 January 2021 |
| Length: | 17 pages |
| Notes: | 18 pages |
| Format: | MS Word (.DOCX) |
This template is a standard terms and conditions for carpet fitting services. The template can be used for a single carpet fitting job or a series of carpet fitting jobs carried out for individual or business customers.
The template contains provisions requiring the carpet fitting business to perform the work with a specified degree of precision and competence and to redo any work that does not meet these standards.
When adapting the template, you can opt to include clauses requiring the business to provide sufficient personnel and to comply with customer instructions. The template also contains optional clauses in which the carpet fitting business gives assurances concerning the employees who provide the services, for example, with respect to their identity, training and credentials. At the same time the template allows the business to protect itself by disclaiming any responsibility for the accuracy of any estimates it may provide.
The template contains provisions concerning setting, rescheduling and cancelling appointments. It allows the business to specify that certain late arrivals and cancellations owing to staffing difficulties do not violate the contract. The parties have the option to allow the business to use subcontractors, either by obtaining prior approval or by providing prior notice. In either case, the business continues to be fully liable under the agreement.
The template contains provisions governing the responsibility for transportation of the materials the business will use to provide the services. Additional clauses govern the transfer of financial responsibility for, and ownership in, the materials. The customer is required to safeguard the materials until ownership transfers to it. The business is required to give certain warranties with respect to the materials' quality, fitness for purpose, ownership and conformity to laws and agreed standards. The parties can include undertakings by the customer regarding the work site, including clauses on access, insurance, the condition of the site, and health and safety.
The template includes terms for calculating charges and recording time spent on the job as well as terms of payment.
Provisions are included requiring the business to keep secret any confidential information it obtains from the customer while providing the services.
Where the services are provided to an individual consumer and the contract falls under the provisions of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 governing "distance contracts" or "off-premises contracts", the provisions of the template allow the customer to cancel within a specified time period and in a specified manner. If the customer cancels pursuant to these clauses, he will be entitled to a full refund or, if work was done before cancellation, a partial refund.
The template allows for broad waivers of liability by the business, subject to standard restrictions on such waivers, for example in respect of fraud or fraudulent misrepresentation.
The customer is required to indemnify the business against any losses in connection with a breach of contract by the customer.
