TC09596 - [2025] UKFTT 00895 (TC)

On the reverse of the Invoice, beneath the Terms and Conditions of Sale, are the distinct “Fitting Service Terms and Conditions”, which set out terms of the agreement between the customer and the fitter, and make clear that the fitting services are to be provided by the fitter (and not the Appellant). They read as follows:

“Fitter (“We, us”) Name: Address:

Tel No: Customer (“you”) Name:

Address:

Tel No:

1.

You have been introduced to us by [enter details of retailer] so that we may enter into an agreement with you to fit the goods as described in their invoice (“the invoice”) (a copy of which is attached) which you have purchased from them (“the goods”).

2.

We hereby agree with you to fit the goods for the fitting price, and stairs and other surcharges (if any) on the terms and conditions herein.

3.

The fitting price is equivalent to the amount shown on the invoice as the estimated fitting price. Any surcharges are as shown on the invoice.

4.

Payment is to be made by you or on your behalf upon completion of the fitting service.

5.

Our agreement to fit the goods and the fitting price and any stairs and other surcharge (if any) is subject to the following requirements being satisfied:

(a)

The information you have provided in the “customer service checklist” part of the invoice is complete and correct.

(b)

Unless otherwise agreed, all areas where the fitting is to take place will be clear of any floor covering and furniture, otherwise we may refuse to proceed and/or make an additional charge.

(c)

If necessary, in performing the fitting service doors may be removed but will not be trimmed, cut or otherwise worked on by us.

(d)

You must advise us of the whereabouts/position/routing of any underfloor piping, wiring, cabling etc and no responsibility is accepted by us for any damage thereto unless the precise location for them has been given to us in writing.

(e)

Unless otherwise agreed we will not be required to remove or take away any old or existing floor covering nor any waste remaining after performance of the fitting service.

Fitter’s signature: Customer’s signature: Date:”

The blue copy of the Invoice is the store’s copy, the yellow copy is the fitter’s copy and the white copy is the customer’s copy. Therefore, in terms of the agreement between the customer and the fitter:

It is clear from all of the documentation that the customer had the freedom whether to choose to engage a fitter and there was no obligation to do so at the point of sale of the goods. Once the customer chose a fitter, a separate agreement came into play and the Appellant was not privy to that agreement.