Navigating legal obligations can be tricky for many businesses in the tiling industry. The Tile Association (TTA) is breaking down some of the most common questions for tile retailers navigating the complexities of liability.
TTA operates a partnership with Trading Standards to form a Primary Authority for the UK tiling sector, backed by the Department of Business, Energy & Industrial Strategy. This means that it provides assured regulatory advice on trading standards, environmental health and fire safety legislation, enabling companies to ensure their work is compliant at all times. Through its legally recognised partnership with Trading Standards, TTA benefits from assured advice and ongoing expert support, ensuring the highest standards of compliance.
TTA members also benefit from a range of free helplines covering legal and operational practices.
Q: I’m a tile retailer. Can I display a fixer’s (installer’s) business cards on my counter without being liable for their work if something goes wrong?
A: In most cases, yes – you can display cards as a courtesy to your customers, but it is advised to consider how you present it. If you simply allow a stack of business cards to sit on your counter, with no language suggesting endorsement, you are unlikely to be held liable for that installer’s workmanship.
However, problems can arise if you express that you ‘vouch’ for quality in writing. As a practical tip, if you want to provide customers with contacts, use careful language and include a disclaimer, such as: ‘These installers are independent tradespeople. They are not employed by or affiliated with [Your Shop Name]. Customers should satisfy themselves as to the installer’s suitability and terms of work.’
Q: Would listing local fixers on my website make me liable?
A: Online listings are more public, and how they are worded matters greatly. If you wish to create a directory of local independent installers, include a disclaimer.
Q: What if a customer asks me directly, ‘Who do you recommend?’
A: Casual referrals are common in the industry, but if a dispute arises, a customer might argue that your recommendation implied a guarantee. The best way to avoid liability is to offer more than one name (so you’re not steering them to a single option) and make it clear that you do not hold accountability for independent tile fixers’ performance standards.
Q: A customer wants to leave a deposit on tiles but pay the balance after collection. What should I watch out for?
A: Deposits are common and perfectly acceptable – but you must be clear about your terms. Legally, a deposit shows commitment and secures stock, but if the customer cancels, you can’t always keep the full deposit unless you’ve suffered genuine loss.
Best practice:
- State in writing that deposits are non-refundable once stock is ordered.
- Issue a receipt that clearly shows the deposit paid, the balance due, and the conditions.
- Make sure deposits cover your likely costs (ordering tiles, storage, admin).
Remember, always give receipts and invoices so the financial trail is clear.
Q: Can I offer customers credit (e.g., 30 days to pay for tiles after collection)?
A: Be very careful here. Offering consumer credit in the UK/EU requires authorisation from the Financial Conduct Authority (FCA). Unless you are properly licensed, you cannot legally extend credit terms to retail consumers.
For trade customers (e.g., builders, fixers, developers), credit accounts are common, but you should:
- Use a written credit application form.
- Set clear limits (e.g., maximum balance, payment within 30 days).
- Run credit checks for larger accounts.
- Reserve the right to withdraw credit if terms aren’t met.
This protects your business from bad debt.
For more information, TTA members have access to a wealth of helplines in their Members’ Area. This includes unlimited health & safety and HR/employment advice, free advice on construction law, contract dispute resolution and retention, a tax and business helpline, and free technical support and guidance on PPE. TTA can conduct free checks on members’ behalf – email membership@tile.org.uk.
