PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY - BY USING THE SERVICES OF AYLESBURY PAINTER & DECORATOR YOU ARE ENTERING INTO A CONTRACT WITH US AND AGREEING TO THE FOLLOWING TERMS AND CONDITIONS.
'We', 'us' and 'our' means Aylesbury Painter & Decorator. 'You', 'the client', 'the customer', 'your' means the person who requested our services and enters into this contract.
SECTION 1 - CONTRACT AND QUOTATIONS
The agreed final statement of work represents a written contract for the exact work to be completed at the price quoted.
Any agreement made verbally is not covered by the contract unless it has been written into said contract.
The agreement is made between Aylesbury Painter & Decorator and the client. The client is identified as the person who requested the quotation.
Aylesbury Painter & Decorator will not enter into any dialogue, accept any requests or communicate in any way with anyone other than the client except where the client has provided written permission that allows them to do so.
The acceptance of the quote, electronically or by any other means signifies a full acceptance and commitment to accept these terms and conditions.
1.2 Scope of quoted work
The quote provided by Aylesbury Painter & Decorator for the client represents the requests of the client. It is not a builder’s survey and we will not be held liable for any task that is not included in the written quote.
Any additional tasks required at the client’s request after the written quote is accepted will be subject to additional costs. These will be agreed between us and the client and confirmed in writing. No additional work will be undertaken without written agreement between both parties.
If a customer makes changes to their property or building after receiving a quote from us, the customer must advise us of all changes made as soon as possible, so that their quote can be revised. Any changes made without notifying us may cause a delay in the work until a price has been agreed for any changes.
1.3 Electric and water
The client will be expected to provide electrical power, running water and toilet facilities where reasonably possible.
1.4 Condition of existing property
Unless specifically mentioned in the quote, no provision is made for repair of plastering beneath papered walls or ceiling surfaces, as it is assumed that such plastering is in good condition, and is suitable to take treatment specified. Similarly, the costs of the repairs and renewals of any defects which are not visible at the time of estimating will be chargeable.
In the event of cancellation by the client, the client agrees to notify Aylesbury Painter & Decorator in writing or by email 14 days before the project start date.
If cancellation is advised 14 days or more before commencement of works, then any monies paid to us will be refunded in full with the exception of the cost of any materials already purchased.
In the event that we are not notified of the cancellation within 14 days, the client agrees to pay all of our administration, lost work and scheduling costs amounting to no less than 15% of the total project cost.
Postponement of scheduled works rather than cancellation is acceptable only if the rescheduled date is bona fide and by agreement with us. Should further postponement occur, you will be deemed to have cancelled our services and the cancellation levy will apply as above.
If the customer elects to cancel our services after we have begun work, the customer agrees to pay all of Aylesbury Painter & Decorator's lost work and scheduling costs amounting to no less than 50% of the total project cost.
All necessary materials can and will be provided by us unless otherwise agreed and will always be of high quality and used in an appropriate manner as per the manufacturer's guidelines.
Where it is necessary to match existing decor, our work will be carried out with this in mind, using appropriate materials that provide an exact match where possible. If an exact match will not be achievable, the client will be consulted.
Any alterations to materials required once purchased by us (for example, change of colour choices by the client) will be subject to a supplementary charge to cover transport costs and time taken to exchange the items.
We are not responsible for the performance or suitability of any materials, parts or products purchased directly by the client and the client allows us to use these at their own risk.
It is the client’s responsibility to ensure that all materials supplied by the client are available in suitable quantities on the specified work start date. Any delays to completion of work caused by late supply of such materials will be subject to a supplementary charge.
1.7 Completion timescales
Estimated completion times are guidelines and although we will endeavour to complete the work in the time frame intimated, we will not be held liable for failure to complete the scheduled works within the estimated time frame. Similarly, it may be that by employing extra resources we can finish a project more quickly than estimated. In which case the price of the quote will still remain the same.
1.8 Storage of tools
We may on occasion request that tools be left on site overnight. The client reserves the right to decline such requests.
1.9 Validity period of quotes
Quotes are valid for 14 days from the issue date.
1.10 Damages and sub-standard workmanship
It is the responsibility of the client:
To remove valuable and/or fragile items from the areas to be decorated.
To remove pictures and other wall-hangings.
To remove electrical goods.
To remove any or all items of furniture requested by us to facilitate the effective provision of the decorating service.
Assistance can be provided with the repositioning and/or removal of bulky furniture items and goods, but will incur an additional charge (for which a fee will be agreed and included in the quote).
We reserve the right to decline to move goods if the condition is at risk of damage to the equipment or the property.
We reserve the right to decline to move particularly heavy or bulky items if they present a higher than accepted health and safety risk.
Any items not moved prior to the commencement of works that were agreed would be moved by the client are left at the client’s own risk and we accept no liability for damage to these items.
A supplementary charge will apply for any delay in the commencement of works caused by items left in situ that were agreed would be moved by the client.
In the event of breakage or damage to the property, Aylesbury Painter & Decorator will notify the client immediately and set out steps to remedy the situation. The client must notify us immediately of an alleged breakage or damage caused by us.
Similarly, if at the end of the job the client is dissatisfied with any aspect of the service, they must inform us within seven days of completion.
Clients must allow us to effect a remedy using our own tradespersons and under no circumstances will we be held liable for the costs of reparations by third parties that we have not expressly agreed to in writing.
We will take every possible precaution to ensure that all vulnerable areas and any agreed objects left in the work area are carefully and thoroughly covered and/or masked. However, there will always remain a very small risk of overspill or dust getting past these precautions. In the rare event of overspill, dust or other cosmetic damage, we will endeavour to ensure that it is satisfactorily cleaned.
1.12 Pre-existing damage
We will complete a pre-existing damage form and may take photographs of your property prior to the start of the project. In the unlikely event that we do damage your property and this is a result of our negligence, you will be covered by our insurance for the full amount. However, claims that we can dispute with photo evidence or written agreement will incur a £50 charge per complaint to cover administration costs.
Aylesbury Painter & Decorator is fully covered by Public Liability insurance for up to £1Million.
1.13 Completion of the project
If we deem it necessary, the client must make themselves available on the last day of the project for consultation and final sign-off of the project.
At this meeting, any defects or queries will be logged and agreed in writing on the Sign Off sheet. Please refer to clause 2.2 (d) regarding retention amount pending remedy of any defect.
In the event that the client is unavailable, unless otherwise agreed in writing, the client accepts that the project has been completed to their satisfaction and payment in full is due.
1.14 Termination of the contract by Aylesbury Painter & Decorator
Aylesbury Painter & Decorator will not tolerate aggressive or rude behaviour, racism, nationalism, sexism, chauvinism, homophobia or ageism directed towards any of its staff or tradespersons and reserves the right to terminate the project at any time in this event.
1.15 Non Solicitation
During the Term of the Agreement and for a period of six (6) months thereafter, the client shall not, directly or indirectly, solicit, hire, employ or enter into a contract with, or person related to any employees of Aylesbury Painter & Decorator, except as otherwise agreed by us. Either party may be released from this employment restriction if the parties mutually agree in writing to waive the employment restriction.
SECTION 2 - PAYMENT
2.1 Payment methods
We accept Cheques, Cash and Bank transfers for settlement of your account.
2.2 Payment of quoted and fixed price work
The client agrees to pay the invoice for completed work on the day of completion of the project.
In the event that the client is unhappy with the standard of workmanship, the correct complaints procedure as shown in section 1.10 of these terms and conditions must be followed.
All materials purchased for, or on behalf of the client, remain the property of Aylesbury Painter & Decorator until payment of the final invoice by the client to us.
In the event of dispute, the client agrees to allow access to the property to a representative of Aylesbury Painter & Decorator to retrieve all materials that remain the property of the company.
If any defects or queries regarding workmanship or damage have been raised at the consultation meeting (see clause 1.13) then 5% of the final invoice may be withheld pending completion of the queried items. This balance is payable immediately on resolution of the queries.
A 25% deposit is required before any work commences or any purchases are made on behalf of the customer.
Deposits are only refundable subject to the conditions of clause 1.5.
All deposits that have been made to us by cheque must allow five working days for payment to clear before work can be carried out.
2.4 Payments to third parties
To pay for your deposit or completed job, you must pay Aylesbury Painter & Decorator directly.
2.5 Unpaid accounts
Aylesbury Painter & Decorator will exercise their statutory right to claim interest (at 8% over the Bank of England base rate) and compensation for debt recovery costs under the Late Payment Legislation if we are not paid in accordance with our agreed payment terms.
Unpaid debts may be passed to a third party for collection and any additional fees incurred will become the liability of the client.
We will never sell or otherwise pass on your contact details to any other company or third party, unless required to do so by law. When you contact us, your details may be retained to assist with your enquiry and your details will be used for correspondence. If you offer a testimonial for the work completed, this may also be used for marketing purposes by us. If you do not wish for your details to be used for marketing purposes please contact us.
SECTION 4 – GENERAL
Nothing in these Conditions affect the liability of either party or for death or personal injury caused by negligence or for fraudulent misrepresentation.
Aylesbury Painter & Decorator will not be held liable for any failure in performing its obligations under this Agreement due to circumstances beyond its reasonable control.
The parties agree to submit to the Jurisdiction of the English Courts.
Version dated: 19 February 2023
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