Work-Tops UK & EU Ltd

Terms and Conditions for the Supply, Fabrication, Delivery and Installation of Stone, Worktops and Surface Products

Important notice: These Terms are drafted as a consolidated commercial form based on the three source documents provided by the client. They are designed to strengthen contractual protection for templating, material selection, fabrication, delivery, installation, payment, complaints and liability management, while preserving consumer statutory rights where applicable.

1. Definitions and interpretation

1.1 In these Terms:

• Business Customer means any customer acting wholly or mainly for purposes relating to that customer's trade, business, craft or profession.
• Company, we, us and our mean Work-Tops UK & EU Ltd trading as Work-Tops.com and/or the contracting entity named on the quotation, order confirmation or invoice.
• Consumer means an individual acting for purposes wholly or mainly outside that individual's trade, business, craft or profession.
• Contract means the agreement between the Customer and the Company comprising the quotation, order confirmation, approved drawings or template, invoice, these Terms, and all written contractual communications relating to the Order.
• Customer, you and your mean the person, company or entity placing the Order.
• Goods means all slabs, worktops, splashbacks, upstands, cladding, fabricated items, sinks, accessories, surface products and related materials supplied by the Company.
• Order means the Customer's instruction to proceed, including acceptance of a quotation, payment of a deposit, template fee or reservation fee, written approval, or other instruction accepted by the Company.
• Services means surveying, templating, design coordination, slab reservation, fabrication, delivery, installation, site attendance, after-sales inspection and related services.
• Site means the premises where the Goods are delivered, templated or installed.

1.2 Headings do not affect interpretation. Words in the singular include the plural and vice versa. A reference to legislation includes any amendment, re-enactment or replacement of it.

2. Basis of contract

2.1 These Terms apply to all quotations, Orders, sales, supplies, fabrication, delivery and installation carried out by the Company and prevail over any terms proposed by the Customer unless expressly agreed otherwise in writing by the Company.

2.2 The Customer confirms that all information, specifications, dimensions, drawings, appliance details, access details and instructions provided to the Company are complete and accurate and that the Customer has authority to place the Order and approve the works.

2.3 The Contract is formed when the Company issues an order confirmation, accepts a deposit or advance payment, reserves material, begins Services, orders material specifically for the Customer, or otherwise confirms acceptance in writing, whichever occurs first.

2.4 The Company may rely on approvals and instructions given by email, WhatsApp, SMS, online acceptance, signed documents, drawings, videos, photographs or messages sent from the contact details used for the Order, unless the Customer has notified the Company otherwise in writing in advance.

2.5 The Contract constitutes the entire agreement between the parties concerning the Order. The Customer acknowledges that it has not relied on any representation not expressly set out in the Contract, save that nothing excludes liability for fraud or fraudulent misrepresentation.

3. Quotations, pricing and scope

3.1 Any quotation is based on the information available at the time of pricing and is subject to final site measurements, structural feasibility, slab availability, Customer approval, transport considerations and any matters discovered at templating or before installation.

3.2 Unless expressly stated otherwise, quotations remain open for 14 days. The Company may withdraw or revise a quotation before Contract formation, including where supplier costs, transport, site conditions, scope, dimensions or material availability change.

3.3 Prices include only the Goods and Services expressly identified in the quotation or invoice. Unless expressly included, prices exclude VAT, delivery surcharges, parking charges, congestion charges, tolls, lifting equipment, glass lifters, cranes, long-carry charges, stair-carry charges, storage, wasted visits, re-templating, additional labour, specialist access arrangements, making good, plumbing, electrical works, gas works, cabinet alterations, tiling, decorating and other third-party trade works.

3.4 If the Customer requests changes to material, design, scope, dimensions, edge profile, cut-outs, slab layout, access arrangements or programme after quotation or approval, the Company may issue a revised quotation and revised lead time and is not obliged to proceed until the revised scope and price are accepted in writing.

4. Deposits, reservations and payment

4.1 The Company may require a deposit, template fee, reservation fee, staged payment or advance payment before reserving slabs, ordering materials, booking templating, commencing fabrication, arranging delivery or carrying out installation.

4.2 Unless otherwise stated in the quotation or order confirmation, the template deposit is payable before the template appointment, a substantial pre-fabrication payment may be required before material is reserved or ordered, and the balance must be paid in cleared funds before delivery or installation.

4.3 Deposits may be applied towards administration, scheduling, supplier coordination, slab reservation, project handling, template attendance, design preparation and other pre-production costs.

4.4 Once material has been reserved or allocated to the Customer's project, the Company may remove it from sale and may treat the relevant payment as non-refundable to the extent reasonably necessary to cover committed costs and commercial loss.

4.5 Unless otherwise agreed in writing:

• Template fees and deposits are non-refundable once templating has been booked or carried out;
• Reserved or allocated slabs and special-order materials are non-refundable or refundable only in part, depending on recoverability and supplier terms;
• All sums paid become non-refundable once fabrication has commenced, subject always to the Customer's statutory rights.

4.6 Payments must be made without deduction, set-off, counterclaim or withholding unless required by law or pursuant to a final court order.

4.7 If payment is late, the Company may suspend performance, postpone templating, delivery or installation, store the Goods, reallocate production slots, charge reasonable storage, administration and recovery costs, and charge interest permitted by law. In the case of Business Customers, the Company may also claim statutory interest and compensation under applicable late payment legislation.

4.8 Time for payment is of the essence for Business Customers.

5. Materials, samples and slab approval

5.1 Natural stone and surface materials are subject to natural and manufacturing variation. Colour, tone, shade, veining, movement, fissures, pitting, resin fills, mesh backing, mineral inclusions, surface texture, gloss level, thickness, pattern direction, printed design, cavities, geological markings and visual inconsistency between samples, slabs, batches and finished pieces are inherent characteristics and shall not of themselves constitute defects.

5.2 Any sample, brochure, showroom display, website image, slab photograph, slab video, digital rendering or marketing material is illustrative only and does not guarantee an exact match to the slab supplied or the finished installation.

5.3 The Customer is responsible for approving the selected material, slab, finish, colour, edge profile, cut-outs and visible features before fabrication. If the Customer wishes to inspect the exact slab, request vein orientation, request bookmatching, or place the project on hold pending slab approval, that request must be made and agreed in writing before fabrication starts.

5.4 The Company will use reasonable care to follow agreed layouts and aesthetic intentions, but does not guarantee exact vein matching, bookmatching, perfect symmetry, exact colour continuity, seamless visual consistency, or identical appearance across separate pieces, miters, splashbacks or batches.

5.5 Certain materials may contain pitting, marks, filled areas or other surface features which may collect dirt or appear more prominently in certain lighting or colours, particularly darker or shinier finishes. The Customer accepts those characteristics where they are normal for the chosen material.

5.6 Sealing may reduce but does not eliminate the risk of staining, etching or damage. The Company does not warrant that any surface is stain-proof, scratch-proof, heat-proof, impact-proof or maintenance-free.

6. Templating, drawings and changes after measurement

6.1 Final dimensions are established at templating. The approved template and final drawings take precedence over prior plans, estimated dimensions, kitchen plans, architectural drawings, verbal measurements or preliminary sketches.

6.2 The Customer must ensure that before templating all relevant cabinets, end panels, supports, sinks, taps, hobs, appliances, sockets, wall finishes, floors and related items are present, fitted where required, and available for inspection or measurement.

6.3 The Customer must promptly review and approve any drawing, layout or template submitted for approval. If no written query or objection is raised within the time reasonably specified by the Company, the Company may treat the drawing or layout as approved and proceed accordingly.

6.4 Any change after templating, including to cabinets, walls, appliance models, support arrangements, island position, finished floor level, tiling, plumbing, electrical points or any other relevant condition, may require re-templating, redesign, additional material, re-fabrication, return visits and revised delivery dates. All such additional costs shall be payable by the Customer.

6.5 Unless another amount is agreed in writing, a re-template attendance may be charged at the prevailing Company rate, plus VAT and any additional labour, travel, material and fabrication costs arising from the change.

7. Fabrication, design feasibility and tolerances

7.1 The Company will fabricate the Goods with reasonable skill and care in accordance with the approved design, final template, slab characteristics, safety requirements and structural limitations.

7.2 The Company may recommend or require design amendments where reasonably necessary for structural integrity, safe transport, safe installation or fabrication feasibility, including in relation to unsupported overhangs, waterfall ends, thin sections, hob or sink cut-outs, unsupported returns, narrow strips, fragile materials, drainer grooves and recessed details.

7.3 The Company may add, move, widen, reinforce or reconfigure joints, seams, supports, cut-outs or fabrication details where reasonably necessary due to slab size, breakage risk, transport limitations, structural safety, material behaviour or site conditions.

7.4 The Company shall not be responsible for cracking, movement, failure or aesthetic dissatisfaction caused by the Customer insisting on a design, cut-out, overhang, unsupported span or thin section against the Company's advice.

7.5 Normal manufacturing and installation tolerances apply. Minor variations in dimensions, level, alignment, overhang, gaps, joint width, scribing, polishing, silicone, resin repair, edge detailing and finish within normal industry tolerance do not amount to a defect where the Goods remain structurally sound and fit for purpose.

7.6 Perfect wall alignment, exact gap consistency, invisible joints, total flatness across uneven cabinetry, exact seam colour, seamless pattern continuity and exact dimensional symmetry cannot be guaranteed.

8. Customer site obligations

8.1 Before each Company visit, the Customer shall ensure that the Site is safe, accessible, cleared and ready for the relevant stage of work.

8.2 In particular, the Customer must ensure that:

• Cabinets, supports and structures are fully installed, level, secure and capable of carrying the intended load;
• Walls, floors, plastering, tiling and building finishes affecting the works are complete;
• Appliances, sinks, hobs, taps and customer-supplied items are available with correct templates and technical information;
• Safe access routes, parking, loading areas and permits are arranged;
• Children, pets, visitors and other trades are kept away from work areas;
• Valuables, vehicles, electronics, furnishings and other vulnerable items are removed or adequately protected from dust, debris, vibration and site activity.

8.3 The Company is not liable for delays, failed installations, visible gaps, unevenness, joint irregularities, damage or aesthetic issues arising from unsafe access, restricted access, site unreadiness, uneven walls or floors, defective cabinetry, inadequate support, inaccurate appliance information, late third-party works or other matters outside the Company's reasonable control.

8.4 Additional attendance, aborted visits, waiting time, storage, wasted labour, specialist lifting and re-attendance caused by site unreadiness or Customer default shall be chargeable to the Customer at the Company's prevailing rates.

9. Delivery, access and installation

9.1 Delivery and installation dates are estimates only unless the Company expressly agrees otherwise in writing. Time is not of the essence unless stated in writing by the Company.

9.2 The Company may deliver or install in stages, return for snagging or completion, or partially complete the works where reasonably necessary due to site conditions, safety, breakages, payment status, material issues, logistics or operational scheduling.

9.3 Delivery is normally to a safe ground-floor point unless otherwise agreed in writing. The Company is not obliged to carry heavy Goods upstairs, through unsafe routes, across unprotected floors, through narrow passages, or by methods that would pose a safety risk to persons or property.

9.4 If special access equipment, extra labour, long carry, stair carry, crane, hoist, glass lifter, road closure, parking suspension or building management arrangements are required, the Customer shall be responsible for arranging and paying for them unless expressly included in writing.

9.5 If the Customer or the Customer's representative is not present, refuses delivery, fails to provide access, or the Site is not ready, the Company may treat the visit as failed, remove the Goods to storage, deem delivery attempted, and charge further delivery, storage, labour and re-attendance costs.

9.6 The Company does not undertake plumbing, electrical work, gas work, tiling, decorating, cabinet modifications, structural alterations, removal of old worktops, making good or other third-party trade works unless expressly included in the quotation.

9.7 Where site cutting, grinding or adjustments are required, reasonable dust, noise and vibration may arise. The Customer must ensure that no person enters the cutting area and that nearby cars, glass, electronics and other items are removed or protected. Subject to the Company using reasonable care, the Company is not liable for avoidable damage caused by the Customer's failure to clear or protect the area after warning.

10. Inspection, complaints and rectification

10.1 The Customer shall inspect the Goods and Services on delivery and/or completion where reasonably possible and notify the Company in writing of any visible defect, damage, shortage or installation concern as soon as reasonably possible and, in any event, within 7 calendar days of delivery or installation.

10.2 Completion and acceptance may be evidenced by any one or more of the following:

• Signature of a completion or acceptance form;
• Written confirmation by the Customer;
• Payment of the final balance;
• Use of the Goods without complaint after installation.

10.3 Failure to notify a visible issue within the period stated above may be treated as acceptance of the Goods and Services, subject to any non-excludable statutory rights of a Consumer.

10.4 If the Customer alleges a defect, the Company must be given a reasonable opportunity to inspect, investigate and, where appropriate, repair, replace or otherwise provide a lawful remedy before the Customer appoints a third party.

10.5 The Company is not liable for third-party inspection, repair, replacement, project-management, builder, decorator or making-good costs incurred without prior written approval from the Company, except where there is a genuine emergency and delay would likely cause further material loss.

10.6 Complaints, disputes and chargeback threats must be raised with reasonable detail and supporting photographs where appropriate. The Customer shall allow the Company a reasonable period, and in any event not less than 14 days where practicable, to investigate and respond before initiating a chargeback, payment dispute or legal claim.

11. Cancellation, postponement and storage

11.1 The Customer may request cancellation only by written notice. Subject to statutory rights, the Customer shall pay for all work carried out and costs reasonably incurred or committed before cancellation, including surveys, templating, design work, slab reservation, supplier charges, special-order materials, cutting, fabrication, transport, return charges, restocking, storage, administration and wasted appointments.

11.2 Bespoke Goods made to the Customer's measurements or specification, including templated and fabricated worktops, splashbacks, upstands and cut pieces, are commonly exempt from standard statutory cancellation rights to the extent permitted by law.

11.3 If the Customer asks the Company to start Services during any statutory cancellation period, the Customer shall be liable for the reasonable value of the Services supplied before cancellation where the law so permits.

11.4 If the Customer postpones delivery or installation, or the Site is not ready, the Company may store the Goods for a reasonable period and charge reasonable storage, insurance, handling, re-delivery and re-scheduling costs. If storage continues beyond 30 days, the Company may require the balance to be paid before agreeing on a revised installation date.

11.5 The Company may suspend, postpone or cancel the Contract where payment is overdue, the Site is unsafe or unready, material becomes unavailable, access arrangements fail, the Customer provides materially inaccurate information, necessary permissions are missing, or an event outside the Company's reasonable control prevents performance. Where the Company cancels for a reason not caused by the Customer and cannot offer a reasonable substitute or revised date, the Company will refund sums paid for Goods or Services not supplied.

12. Risk, title and insolvency

12.1 Risk in the Goods passes to the Customer upon delivery to the Site or installation, whichever occurs first.

12.2 Title to Goods not yet incorporated into the Site remains with the Company until the Company has received in full all sums due from the Customer under the Contract and any other sums then due from the Customer to the Company.

12.3 Until title passes, the Customer shall store uninstalled Goods separately where practicable, keep them identifiable as the Company's property, not damage or obscure identifying marks, and keep them properly protected and insured.

12.4 If the Customer fails to pay sums due, becomes insolvent, ceases to trade or suffers any event indicating likely insolvency, the Company may suspend performance, terminate any right to possession of uninstalled Goods, enter premises where lawful to recover such Goods, and claim immediate payment of all sums due.

13. Warranty, care and exclusions

13.1 The Company will perform the Services with reasonable care and skill and, in addition, provides a 12-month workmanship guarantee from installation for defects caused by the Company's fabrication or installation, subject to these Terms and subject always to statutory rights.

13.2 The workmanship guarantee does not apply to:

• Natural or expected material characteristics described in these Terms;
• Staining, etching, scratching, chips, impact damage, heat damage, misuse, poor cleaning, poor maintenance or lack of resealing;
• Cracking or movement caused by structural movement, defective cabinetry, inadequate support, overloading, standing or sitting on the surface, or third-party alterations;
• Silicone deterioration, mould, moisture-related issues, or sealant changes over time;
• Defects or failure in customer-supplied appliances, sinks, templates, cabinetry, plumbing or electrical works.

13.3 The Customer must follow all care guidance and any manufacturer instructions. The Customer should use chopping boards, trivets and suitable cleaning products, promptly wipe spills, avoid harsh chemicals, avoid placing excessive heat directly on surfaces, and re-seal natural stone where required.

13.4 The Company may pass on the benefit of any manufacturer or supplier warranty available to it, but any such warranty remains subject to the manufacturer's own terms, conditions and claim procedures.

14. Liability and indemnity

14.1 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability which cannot lawfully be excluded or limited.

14.2 Subject to clause 14.1, where the Customer is a Business Customer, the Company's total aggregate liability arising from or in connection with the Contract, whether in contract, tort including negligence, breach of statutory duty, misrepresentation, restitution or otherwise, shall not exceed the total price paid or payable for the affected Order.

14.3 Subject to clause 14.1, the Company shall not be liable for loss of profit, revenue, business, goodwill, opportunity, anticipated savings, rent, project delay, accommodation costs, third-party contractor costs, loss of enjoyment, business interruption or any indirect or consequential loss.

14.4 Subject to clause 14.1 and to any non-excludable Consumer rights, the Company shall not be liable for:

• Site conditions, structural issues, poor cabinetry, uneven walls or floors, restricted access or unsafe working environments;
• Inaccurate dimensions, instructions or specifications supplied by the Customer or third parties;
• Customer-approved designs, layouts, slab choices, aesthetic approvals or material selections;
• Normal industry tolerances, natural material variation or characteristics disclosed in these Terms;
• Third-party workmanship, delay, alteration, repair, finishing or remedial work;
• Dust, vibration or site effects reasonably arising from necessary cutting or installation where reasonable care has been taken and the Customer has been asked to protect the area.

14.5 The Customer shall indemnify the Company against claims, losses, costs and liabilities arising from inaccurate Customer instructions, unsafe site conditions, failure to keep children, pets and third parties away from the cutting area, failure to protect vehicles or vulnerable property after warning, and claims by third parties resulting from those matters, except to the extent caused by the Company's negligence or breach of duty.

15. Privacy, records and communications

15.1 The Company may take photographs, videos, measurements and project records for quality control, insurance, evidence, technical support, training, dispute resolution and after-sales purposes.

15.2 The Company may use photographs of completed works for marketing, portfolio, social media and case-study purposes unless the Customer objects in writing before installation. The Company will not intentionally publish personal data without a lawful basis.

15.3 The Company processes personal data in accordance with its Privacy Notice and applicable UK data protection law.

15.4 Notices, complaints, approvals, variations and other contractual communications must be given in writing by email, WhatsApp, SMS, post, online message or another written method accepted by the Company.

16. Force majeure and general provisions

16.1 The Company is not liable for delay or failure caused by circumstances beyond its reasonable control, including supplier disruption, shortage of materials, transport failures, weather, fire, flood, strike, labour shortage, war, civil disturbance, epidemic, government action, utility failure, access restrictions or health and safety issues.

16.2 The Company may assign, transfer or subcontract any of its rights and obligations provided that doing so does not materially reduce any protection given to a Consumer by law. The Customer may not assign or transfer the Contract without the Company's prior written consent.

16.3 No waiver by the Company of any breach shall be effective unless in writing and shall not constitute a waiver of any later breach. If any provision is found invalid or unenforceable, the remainder of the Contract shall continue in full force and effect.

16.4 No person other than the Customer and the Company has any right to enforce any term of the Contract under the Contracts (Rights of Third Parties) Act 1999.

17. Consumer rights and jurisdiction

17.1 Where the Customer is a Consumer, nothing in these Terms removes or restricts statutory rights under applicable consumer law.

17.2 Any cancellation information required by law for Consumers shall be provided with or before the order confirmation. Bespoke Goods may be exempt from standard cancellation rights where permitted by law.

17.3 These Terms and the Contract are governed by the law of England and Wales.

17.4 If the Customer is a Consumer, proceedings may be brought in the courts of the part of the United Kingdom in which that Consumer lives, where applicable by law. If the Customer is a Business Customer, the courts of England and Wales shall have exclusive jurisdiction.

18. Customer acknowledgement

By accepting electronically, paying a deposit, approving a template, approving drawings, or otherwise instructing the Company to proceed, the Customer confirms that the Customer has read, understood and accepted these Terms and Conditions, including the provisions concerning material characteristics, site preparation, payment, variation, cancellation, inspection, complaints, limitation of liability and care obligations.

Schedule 1 — Consumer cancellation information

This Schedule applies only where the Customer is a Consumer, and the law grants a cancellation right. It does not apply where Goods are made to the Customer's specification or clearly personalised, including templated and fabricated worktops, splashbacks, upstands and cut pieces, except to the extent required by law.

To exercise any legal cancellation right, the Customer must send the Company a clear written statement before the applicable cancellation period expires, identifying the Order, Goods and/or Services concerned and the date of the Order.

Schedule 2 — Practical risk areas addressed by these Terms

These consolidated Terms are specifically drafted to improve the Company's protection in the areas most frequently disputed in bespoke stone and worktop projects, including:

• Change of mind after slab reservation or templating;
• Site changes after templating;
• Customer dissatisfaction with natural variation, bookmatching or seam visibility;
• Access failures, unsafe lifting conditions, parking and aborted visits;
• Customer-supplied appliance errors and inaccurate third-party information;
• Chargebacks before investigation and third-party remedial costs;
• Claims arising from dust, cutting areas, nearby cars, children, pets and other site hazards;
• Delayed payment, storage and staged completion;
• Claims for indirect losses, contractor delay costs and aesthetic dissatisfaction outside agreed specification.