Terms of Business
The terms on which Forma Surface Design provides quotations and carries out work.
1. About us
These terms apply to work carried out by Forma Surface Design, the trading name of Sean Smyth, sole trader, of 11 Jupps Lane, Goring-by-Sea, Worthing, West Sussex, BN12 4TS, operating across Sussex, Surrey, London and Kent. Forma Surface Design is not a limited company — all contracts are entered into with Sean Smyth personally.
2. Quotations
Quotations are based on the information available at the time and, where possible, a site survey. A quotation is valid for 30 days. Where a substrate is found to require work beyond what was reasonably visible at survey, we will notify you and agree any variation in writing before proceeding.
3. Deposits and payment
Payments are staged against verifiable milestones rather than calendar dates, so you only pay for work that has actually been completed. Stages are set according to the value of the project:
Projects up to £3,000
- 40% on acceptance of quotation, to secure your date and order materials
- 60% on completion and handover
Projects from £3,000 to £15,000
- 30% on acceptance of quotation
- 40% on the first day of application, following completion of substrate preparation
- 30% on completion and handover
Projects above £15,000, and commercial work
- 20% on acceptance of quotation
- Interim payments on completion of each agreed stage, confirmed in the quotation
- Balance on completion and handover
General payment terms
- Deposits cover materials, which are ordered and colour-matched specifically for your project and cannot be returned or reused.
- The final payment is due after the handover walkthrough, not before it.
- Invoices are payable within 7 days of issue for residential clients, and within 30 days of issue for commercial clients.
- We accept payment by bank transfer or card (a payment link is sent with your invoice). We do not accept cash for deposits or final balances.
- Where the client is acting in the course of a business, we reserve the right to charge statutory interest and compensation on overdue sums under the Late Payment of Commercial Debts (Interest) Act 1998.
- Where additional work is agreed under clause 2, it is invoiced with the next scheduled stage payment unless otherwise agreed in writing.
If you cancel
Where you cancel after materials have been ordered or work has begun, we will retain only the sums necessary to cover costs actually incurred and work already carried out, and will refund the balance. This does not affect your statutory cancellation rights, which are set out at clause 8.
4. Access and site conditions
We require reasonable access to the working area, together with power, lighting and water. The area should be clear of furniture and belongings unless otherwise agreed. Microcement requires controlled conditions and adequate curing time; delays caused by site conditions outside our control may affect the programme and the price.
5. Curing and use
Each layer requires curing time before the next is applied and before the surface may be used. We will confirm these periods at handover. Using a surface before it has cured can cause damage that is not covered by the workmanship guarantee.
6. The nature of a hand-applied finish
Microcement is applied by hand. Tonal variation, subtle movement and slight differences between areas are inherent characteristics of the material, not defects. Approved samples indicate the character of the finish rather than guaranteeing an exact match across the whole installation.
7. Substrate condition and cracking risk
Microcement is a thin decorative system — typically 2–3mm — and it is not a structural material. Any movement in the substrate beneath it, including existing cracks, unstable screed, or movement in tiles it has been applied over, can transmit through to the finished surface. This risk exists with every microcement system, not only ours.
Where we apply over existing tiles, we assess adhesion and flatness at survey and will tell you honestly if we find loose, hollow or unstable areas. However, no visual or manual survey can guarantee the future behaviour of a substrate that has not been opened up, and hidden movement beneath sound-looking tiles cannot always be identified in advance. Where cracking occurs as a result of substrate movement rather than faulty workmanship, this falls outside our workmanship guarantee (see clause 8) and we cannot accept liability for it.
Have this clause reviewed by a solicitor alongside the liability clause before relying on it.
8. Guarantee
Our workmanship guarantee, its duration and its exclusions are set out on the guarantee page. Product warranties are provided by the manufacturer and are separate from our workmanship guarantee.
9. Cancellation
Where you are a consumer and this contract was agreed away from our business premises — including at your home — you have a statutory right to cancel within 14 days under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
If you want work — including ordering materials — to begin before that 14-day period ends, we will ask you to confirm this in writing (by email or signed acceptance) using the wording: “I request that Forma Surface Design begins work, including ordering materials, before the end of the 14-day cancellation period. I understand that if I cancel after work has started, I will be responsible for paying for the materials ordered and the work carried out up to the point of cancellation.” Without this written request, we cannot legally begin work inside the cancellation period.
10. Liability
Save for liability which cannot be limited or excluded by law — including death or personal injury caused by negligence, and fraud — our total liability to you in connection with any project is limited to the total price paid for that project.
We are not liable for indirect or consequential losses, including loss of business, loss of use of the property, or costs of alternative accommodation, except where required by law.
You must notify us in writing of any suspected defect within 30 days of it becoming apparent, to give us a reasonable opportunity to inspect and remedy it before any other party is engaged to do so. Failing to notify us within this period, or engaging another party to carry out remedial work without giving us that opportunity, may affect your rights under this clause and under the guarantee.
11. Complaints
If something is not right, contact us first at info@formasurfacedesign.co.uk or on 07788 280589, with details of the issue and, where relevant, photographs. We will acknowledge your complaint within 2 working days and aim to have proposed a resolution, or arranged a site visit to inspect the issue, within 14 days.
If we cannot resolve the matter directly between us, you can contact the Citizens Advice consumer helpline for guidance, or refer the matter to an alternative dispute resolution provider. This does not affect your statutory rights.
12. Governing law
These terms are governed by the law of England and Wales.