Terms & Conditions Of Sale
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU ORDER
BY USING THE SERVICES OF SPB DECORATING SERVICES YOU ARE ENTERING INTO A CONTRACT WITH US AND AGREEING TO THE FOLLOWING TERMS AND CONDITIONS.
'We', 'us' and 'our' means SPB Decorating Services.
'You', 'the client', 'the customer', 'your' means the person who requested our services and enters into this contract.
SECTION 1 - CONTRACT AND QUOTATIONS
Contract
1.1 This agreed final statement of work represents a written contract for the exact work to be completed at the price quoted.
1. 2 Any agreement made verbally is not covered by the contract unless it has been written into said contract.
1.3 The agreement is made between SPB Decorating Servicesand the client. The client is identified as the person who requested the quotation.
1.4 SPB Decorating Services 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.
1.5 The acceptance of the quote, electronically or by any other means signifies a full acceptance and commitment to accept these terms and conditions.
1.6 Any loss of earnings in agreed booked days, due to no fault of SPB Decorating Services, will be charged at standard labour day rates.
Scope of quoted work
2.1 The quote provided by SPB Decorating Servicesfor 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.
2.2 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 SPB Decorating Servicesand the client and confirmed in writing or by email. No additional work will be undertaken without written agreement between both parties.
2.3 If a customer makes changes to their property or building after receiving a quote from SPB Decorating Services, 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.
3 Electric and water
3.1 The client will be expected to provide electrical power, running water and toilet facilities where reasonably possible.
Condition of existing property
4.1 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 the 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.
Cancellation
5.1 In the event of cancellation by the client, the client agrees to notify SPB Decorating Servicesin writing or by email 28 days before the project start date.
5.2. If cancellation is advised 28 days or more before commencement of works, then any monies paid to SPB Decorating Services will be refunded in full with the exception of the cost of any materials already purchased.
5.3 In the event that SPB Decorating Services are not notified of the cancellation within 28 days, the client agrees to pay all of SPB Decorating Servicesadministration, lost work and scheduling costs amounting to no less than 15% of the total project cost.
5.4. If the customer elects to cancel our services after we have begun work, the customer agrees to pay all of SPB Decorating Servicesadministration, lost work and scheduling costs amounting to no less than 50% of the total project cost.
5.5. Postponement of scheduled works rather than cancellation is acceptable only if the rescheduled date is bona fide and by agreement with SPB Decorating Services.
5.6. Should further postponement occur, you will be deemed to have cancelled our services and the cancellation levy will apply as detailed in Clause 5.3
Materials and Consumables
All necessary materials and consumables 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.
6.1. 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 is not achievable, the client will be consulted.
6.2. Any alterations to materials required once purchased by SPB Decorating Services (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.
6.3. SPB Decorating Services are not responsible for the performance or suitability of any materials, parts or products purchased directly by the client and allow SPB Decorating Services to use these at their own risk.
6.4. It is the client’s responsibility to ensure that all materials supplied by the client must be available in suitable quantities on the date specified by SPB Decorating Services. Any delays to completion of work caused by late supply of such materials will be subject to a supplementary charge.
6.5. Any non-trade paints supplied by the customer will incur an additional 20% labour charge, added to the total invoice charge.
Completion timescales
7.1 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.
7.2 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.
Storage of tools
8.1 We may on occasion request that tools be left on site overnight. The client reserves the right to decline such requests
Validity period of quotes
9.1 Quotes are valid for 30 days from the issue date.
Damages and substandard 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 SPB Decorating Servicesto 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).
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We reserve the right to decline to move goods if the condition is at risk of damage to the equipment or the property.
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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 SPB Decorating Services accepts 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.
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In the event of breakage or damage to the property, SPB Decorating Services will notify the client immediately and set out steps to remedy the situation. The client must notify SPB Decorating Services immediately of an alleged breakage or damage caused by our employees.
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Similarly, if at the end of the job the client is dissatisfied with any aspect of the service, they must inform us in writing or by email within seven days of completion. Clients must allow SPB Decorating Services 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 or by email.
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In the event of the customer being unsatisfied with the quality of workmanship the client can retain 5% of the final payment while SPB Decorating Services does the necessary work to complete the quoted project.
Precautions
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.
It may be necessary for SPB Decorating Services to remove radiators/ alarm systems to achieve an unbroken and complete finish for any wallpaper or paint. This can, on rare occasions, expose previously undetectable faults, weak points or breaches. SPB Decorating Services cannot be held responsible for any such pre-existing conditions which might be revealed, or for any resulting damage which might occur and the client agrees to bear any costs that might arise from such damage. Should the client decide that SPB Decorating Services may not remove any radiator, the client accepts that SPB Decorating Services cannot be held responsible for any resulting imperfections in finish.
The client must notify SPB Decorating Services immediately of an alleged breakage or damage caused by our employees
Pre-existing damage
We will complete a pre-existing damage report 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. SPB Decorating Services is fully covered by Public Liability insurance up to £1m.
Completion of the project
If SPB Decorating Services deem it necessary, the client must make themselves available on the last day of the project for final consultation and sign-off.
At this meeting, any defects or queries will be logged and agreed in writing or by email
In the event that the client is unavailable, unless otherwise agreed in writing or by email, the client accepts that the project has been completed to their satisfaction and immediate payment in full is due.
Termination of the contract by SPB Decorating Services
SPB Decorating Services 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.
SECTION 2 - PAYMENT
Payment methods
We accept Cash and Bank transfers for settlement of your account. We regret we do not accept cheques
Payment of quoted work
15.1 The client agrees to pay the invoice for quoted work on the day of completion of the project.
15.2 All materials purchased for, or on behalf of the client, remain the property of SPB Decorating Services until payment of the final invoice by the client to SPB Decorating Services.
15.3 In the event of a dispute, the client agrees to allow access to the property to a representative of SPB Decorating Services to retrieve all materials that remain the property of the SPB Decorating Services
15.4 If any defects or queries regarding workmanship or damage have been raised at the final consultation meeting, then the customer may withhold 5% of the final invoice pending completion of the queried items. This balance is payable immediately on resolution of the queries.
DEPOSITS
16.1 A 30% deposit is required before any work commences or any purchases are made on behalf of the customer
16.2. All deposits that have been made to us by bank transfer must allow five working days for payment to clear before work can be carried out by SPB Decorating Services.
UNPAID ACCOUNTS
17.1 SPB Decorating Services 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
17.2 Unpaid debts may be passed to a third party for collection and any additional fees incurred will become the liability of the client.
SECTION 3 - PRIVACY POLICY
We will never pass on your contact details to any other company or third party, unless required to do so by law. Your details may be retained to assist with your enquiry and will be used for correspondence. If you offer a testimonial for the work completed, this and any before and after photos may be used for marketing purposes by SPB Decorating Services. Please contact us if you do not wish for your details to be used for marketing purposes
SECTION 4 – GENERAL
18.1. Nothing in these Conditions affects the liability of either party or for death or personal injury caused by negligence or for fraudulent misrepresentation.
18.2. SPB Decorating Serviceswill not be held liable for any failure in performing its obligations under this Agreement due to circumstances beyond its reasonable control.
18.33. The parties agree to submit to the Jurisdiction of the English Courts
Version 1.2 dated: 6 April 2002 Copyright Simon Bailey trading as SPB Decorating Services