Terms & Conditions of Service

1. DEFINITIONS 

1.1. Definitions 

• “We”, “Us” - refers to "Hummingbird Floors". 

• “Floor Fitter”, "Fitter", “Floor man”, “Operator” - means the person or the group of people carrying out flooring services on behalf of Hummingbird Floors. 

• “Client” - means the person, company or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 to whom the flooring services are supplied by Hummingbird Floors. 

• “Client’s Address”, "Client's Property" – means the address which the service has been booked for. 

• “Service” - means the service(s) carried out by Hummingbird Floors. 

1.2. Unless the context requires otherwise, reference to the singular include the plural and references to the masculine include the feminine and vice versa. 

2. CONTRACT 

2.1. These Terms & Conditions represent a contract between Hummingbird Floors and the Client. 

2.2. Both parties shall ensure that their respective responsibilities under this agreement are undertaken in compliance with all statutory regulations and codes of conduct. 

2.3. The Client agrees that any use of Hummingbird Floors services, including accepting a quotation and placing an order for services over the telephone, email or via website shall constitute the Client’s acceptance of these Terms & Conditions. 

2.4. Unless otherwise agreed in writing by Hummingbird Floors these Terms & Conditions shall prevail over any other Terms of Business or Purchase Conditions put forward by the Client. 

3. QUOTATIONS

3.1. Wood floor installation or floor restoration services are charged per square meter taking into consideration various parameters such as the type and the state of the flooring and/or the subfloors. Therefore, Hummingbird Floors may decide to adjust the rates publish on this website and/or other Hummingbird Floors advertising materials to reflect circumstances. 

3.2. All prices specified on this website and/or other Hummingbird Floors advertising materials are for a guidance only and may vary from the final quotation provided to the customer. 

3.3. Hummingbird Floors reserves the right to amend the initial quotation, should the Client's original requirements change or should any additional services, which have not been specified in the initial quotation are required. 

3.4. Variations between the actual size of the area and the size of the area quoted in the Hummingbird Floors quotation are subject to increase in the price quoted. Any excessive variations of more than 5% will be discussed between the Client and Hummingbird Floors prior to works commencing.   

3.5. All quotes are confirmed in writing after a viewing of the floors, unless otherwise agreed with Client. 

3.6. All quotations provided by Hummingbird Floors are valid for 60 days and may be subject to change beyond this 60-day period. 

  4. VAT 

4.1. All our prices are subject to VAT (Value Added Tax) as per current standard rate of 20%. 

5. EQUIPMENT 

5.1. All flooring services provided by Hummingbird Floors will be performed with the use of technology, equipment and products supplied by Hummingbird Floors, unless otherwise agreed between the Client and Hummingbird Floors in writing and specified in the quotation provided by Hummingbird Floors. 

5.2. The Client must provide running water and electricity at the premises where the service(s) takes place. 

6. PAYMENTS, SURCHARGES & LATE PAYMENTS 

6.1. The Client agrees to make a payment to Hummingbird Floors on the day of completion, immediately following the completion of the service(s) provided by Hummingbird Floors, unless otherwise agreed in writing by Hummingbird Floors. A reference confirming that the payment has been made must be given to the floor men working at the client's premises before they leave on the day of completion. 

6.2. Payments can be made by cash, cheque, bank transfer or by debit / credit card. All cheques should be made payable to Hummingbird Floors. 

6.3. The Client agrees that, unless otherwise agreed in writing by Hummingbird Floors, invoices which remain unpaid for more than 15 days for residential clients and more than 30 days for business clients and clients working under the CIS scheme following the day of completion of services will be subject to an interest at the rate of at least 8% per annum above the Bank of England base rate on the amount due. In such cases Hummingbird Floors may decide to instruct a third party for debt collection and/or to register a CCJ for payment collection. 

6.4. Where point 6.3 applies, the Client may incur additional charges in relation to CCJ registration including the relevant current court fees, plus £130 legal admin fee and an interest claim. 

6.5. Any alterations to the rates specified in the quotation provided by Hummingbird Floors shall be subject to written confirmation following any verbal discussions and agreements between the Client and Hummingbird Floors.  

6.6. Where a supply of any flooring products is to be done by Hummingbird Floors, the Client agrees that payment for flooring will need to be cleared before stock is released.  

6.7. The Client agrees that an additional charge of £15.00 may apply for key collection and a separate charge of £15.00 may apply for the return if keys are to be collected from or returned to an area outside the postcode of the property where the service is to be carried out. 

7. CANCELLATIONS 

7.1. The Client can cancel the scheduled service(s) by giving prior written notice to Hummingbird Floors of at least one working day before the initially agreed start date. 

7.2. Hummingbird Floors reserves the right to apply additional charge of £40.00 for occasions where the service(s) cannot commence at the agreed between the Client and Hummingbird Floors date and time without any written notice of at least one working day provided by the Client. The Client agrees that this additional cost will be added to the final invoice. 

7.3. Unless otherwise agreed in writing between Hummingbird Floors and the Client, the Client is liable for a full invoice payment should they decide to cancel the services after they have already commenced.  

8. REFUNDS 

8.1. No refunds will be done once the service has been carried out, unless it has been considered as an approved claim. 

8.2. Refunds are processed after our complaint procedure has concluded entitlement to refund (see Section 9). 

9. COMPLAINTS 

9.1. All flooring services shall be deemed to have been carried out to the Client's satisfaction unless written notice is received by the Company with details of complaint. 

9.2. All service complaints must be received in writing by post or email within 48 hours after the completion of the service. 

9.3. The Company will fully investigate any complaint and attempt to resolve the matter to the satisfaction of the Client, as part of the Company's Service Guarantee. 

9.4. The Client should allow the Company to return and redo any disputed issue(s) before looking for an alternative way of resolving the issues or request proceedings from the Company towards compensation and refunds. 

10. LIABILITY 

10.1. The Client agrees that Hummingbird Floors shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential), which may be suffered or incurred by the Client arising from or in any way connected with matters which are beyond Hummingbird Floors’ control. 

10.2. The Client agrees that while we make any effort to arrive on time, it may not always be possible and, therefore, Hummingbird Floors are not liable for any claims to compensate for late arrivals. 

10.3. The Client agrees that in certain circumstances the duration of the services may need to be amended from the duration that has been initially quoted. Hummingbird Floors will make every effort to inform the Client as soon as practically possible when such an amendment to the duration of services is required. Hummingbird Floors should not be held liable for any losses or expenses incurred due to the change in the duration of services. 

10.4. Hummingbird Floors shall not be liable for any damages to the wooden floors or to the wooden floors finish which have occurred as a result of the Client not allowing enough drying time before using the floors or before placing any furniture on top of it.  

10.5. Hummingbird Floors shall not be liable for any accidental damage to any pipes or wires which have not been installed according to the national regulations for piping. 

10.6. The Client or their representative should be present in the property or should put alternative arrangements in place to supervise and secure their property during provision of services by Hummingbird Floors. While Hummingbird Floors takes all reasonable care to ensure that the Client's property is safe during the provision of services, it is not the responsibility of Hummingbird Floors to monitor the Client's property and therefore Hummingbird Floors should not be held liable for any loss or any damage to the property, particularly when there are other operatives providing other services alongside Hummingbird Floors. 

11. SUPPLEMENTARY TERMS 

11.1. If the Client requests keys to be collected by the Hummingbird Floors' operatives from an address outside the postal code of the Client’s address, then a £15.00 charge will apply. The charge will cover only the pick-up of keys. If said keys need to be returned to the pick-up address or any other address another charge of £15.00 will apply. 

11.2. The Client understands that the price he has been quoted is not for a "package deal" and does not include anything apart from services included in the quote. 

11.3. The quotation excludes the clearing of debris created by tradesman or building work unless otherwise stated. 

11.4 Our operators are happy to move furniture. Due to Health & Safety regulations, the operator(s) can attempt to move furniture only on their discretion. 

11.5. Hummingbird Floors shall arrange an immediate replacement should an operative cannot attend a scheduled visit and will inform the Client prior to the visit. 

11.6. All fragile and highly breakable items must be secured or removed. 

11.7. The Client shall ensure that all valuables are stored away when work is carried out and that the property is always supervised by the Client or his representative during the course of the work. Hummingbird Floors shall not be responsible for the Clients failure to comply with this obligation. 

11.8. The provisions of this contract are not intended to confer any benefit upon Third parties and the provisions of the Contracts (Rights of Third Parties) Act 1999, are hereby expressly excluded from this agreement. 

11.9. Hummingbird Floors reserves the right to make any changes to any part of these Terms and Conditions without giving any prior notice. We may add to or alter these Terms and Conditions from time to time and any alterations or additions will apply to new business but not to existing contracts. Please refer to your copy of these Terms and Conditions. 

12. SERVICE GUARANTEE, COMPLAINTS & REFUNDS 

12.1. Hummingbird Floors Service Guarantee seeks to ensure that services provided by Hummingbird Floors are delivered to a high standard and to the Client's satisfaction and it only applies to those services that have been provided by Hummingbird Floors. Products, including, but not limited to floorings and flooring supplies such as accessories, wood floor finishes etc. are subject to a separate guarantee provided by the relevant manufacturer and are not part of our Service Guarantee. 

12.2. Hummingbird Floors restoration services come with 3 months Service Guarantee and Hummingbird Floors wood floor installation services come with 2 years’ Service Guarantee. Exclusions and limitations apply - see below.  

  12.2.1. Service Guarantee does not cover any damages caused by any third parties, including but not limited to leaks, scratches, damp caused by faulty appliance or increased humidity and/or subfloor moisture levels, which have appeared after the wood floor installation. 

  12.2.2. Service Guarantee does not cover any issues arising from the subfloor where subfloor preparation has not been provided by Hummingbird Floors. 

 12.2.3. Service Guarantee does not apply to wood floors which are at the end of their usability, such as engineered wooden floors with reduced thickness of the top layer due to previous sanding. 

 12.2.4. Service Guarantee excludes gap filling services on floorboards as the durability of gap filling depends on movement in the boards and/or the subfloors which is beyond our control. Nevertheless, we always make all efforts to secure loose boards in order to reduce their potential movement in the future. 

12.3. All flooring services provided by Hummingbird Floors shall be considered to have been delivered to the Client's satisfaction unless the Client notifies Hummingbird Floors in writing via e-mail or by post within 48 hours following the completion of services. 

12.4. Hummingbird Floors Service Guarantee is only applicable where the Client’s complaint has been made in accordance with the complaints procedure as described in this Terms & Conditions. 

12.5. The Client is not entitled to any refund unless the complaint has been received by Hummingbird Floors via e-mail or by post within 48 hours following the completion of services and considered as ana approved claim. 

12.6. Hummingbird Floors Service Guarantee and any potential refunds are always subject to an investigation by Hummingbird Floors and are only executed where the claim has been considered as an approved claim by Hummingbird Floors. 

12.7. Should Hummingbird Floors consider that the complaint registered by the customer is valid, Hummingbird Floors will initially attempt to resolve any matters to the Client's satisfaction. 

12.8. Where the above point (12.7) applies, the Client agrees to allow Hummingbird Floors to return to the property for on-site inspection and to aim to rectify the any issue(s) before proceeding to any alternatives such as refunds. Sometimes, more than one visit may be required, and the Client should make arrangements for Hummingbird Floors to gain access to the property. 

12.9. The Client agrees that third party representatives, such as product manufacturers may need to attend the Client’s property for on-site investigation in order to identify the precise nature of the problem.  

13. INSURANCE 

13.1. Hummingbird Floors will ensure that a valid Public Liability Insurance is in place at all times to cover any damages caused by an operative working on behalf of Hummingbird Floors. 

13.2. The Client agrees that any precious, fragile and irreplaceable items will be removed from the areas where flooring services are to be delivered by Hummingbird Floors prior to works commencing to avoid the risks of any accidental damage. 

14. WORKS UNDER CIS 

14.1. Any CIS works are booked after receiving an approved Purchase Order received by email or post. 

14.2. Any payments are received against CIS Pro-Forma invoice and Invoice will be sent upon receiving of CIS Statement. 
14.3. Payments must be received within maximum of 30 days from sending a pro-forma invoice. 

14.4. If CIS Statement is not received within 45 days of invoicing, balance between the Standard Invoice and CIS Invoice will be automatically registered for collection by CCJ.

15. LAW 

15.1 These Terms are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales. 

15.2. Hummingbird Floors reserves the right to make any changes to these Terms & Conditions without giving any prior notice and with an immediate effect.