Colin Smith Decorating Ltd. Terms and Conditions
TERMS AND CONDITIONS OF SERVICE
We try and conduct our business as fair as we can and we understand terms and conditions are a pain, but in order to protect your rights as a consumer and our rights as a business, our terms and conditions are necessary.
1. Binding Effect – This is a binding agreement. By accepting Colin Smith Decorating Ltd.’s quote you agree to abide by Colin Smith Decorating Ltd.’s terms and conditions of service.
2. From this point on Colin Smith Decorating Ltd. may also be referred to as ‘we’ or ‘us’
3. The customer may also be referred to as ‘you’.
4. By accepting our quote you waive your rights to a 14 day cooling off period.
5. We will complete the work that is detailed in this written quote. We are happy to carry out extra work over and above what is written in the quote, however, extra work takes us extra time to complete therefore further charges will incur. You and Colin Smith Decorating Ltd. have to agree to any extra work in writing before it is started.
6. Due to the nature of the work we carry out all specifications, cost and time estimations are calculated based on the overall work we can see to be completed when we visit your property and for your ‘guidance’ only. The majority of the time the figure we have quoted is what you will pay but the price is subject to change with your agreement should extra work and materials be required when work commences.
7. We DO NOT accept responsibility for the instruction and final decision given by you, for example, if you tell us to paint a wall white, then afterwards decide you want it a different colour, further charges for time and materials will apply.
8. All interior and exterior quotes are based on applying coats of trade paint until the surface is evenly covered up to a maximum of two coats (three for new plaster if needed), if the surface requires further coats charges may apply although this will be agreed with you in writing before any extra coats are applied.
9. Payments – all balances are due the when the work is completed (unless we have agreed to invoice you in stages for larger, longer jobs). We don’t offer credit so please make sure you have a method of payment ready for us finishing.
10. Delays – We are professionals and good at what we do therefore we are usually busy and we work to a tight schedule, if we are unable to finish the work of completely due to delays that are not our fault, its likely that we will have another job booked in elsewhere, if this is the case, a new date to complete the remaining work will be agreed within a reasonable time frame (typically 10 days) however, if a substantial amount of work has already been carried out (approximately 25% or above) a payment for this work may be required, we shall work out what percentage of the work is completed and invoice you for this amount. The remainder will be due when all the work is completed.
11. Deposit – We may require a deposit before a start date can be secured and any work commences. We work on a first come first serve basis so the quicker you pay the deposit the more chance you have of securing the provisional dates we have offered you.
12. Deposits are non-refundable unless it is the fault of us that the job is cancelled or delayed by more than two weeks.
13. Late Payment charges – As we said already we don’t offer credit therefore, payments received later than 7 days from the date of invoice are levied a service charge of 3% of the total value of the job per week and added to the balance total until such time as the balance is paid in full. To ensure such charges are not applied please pay promptly, if your not sure when we will finish the job just ask us and we will give you an approximate date/time so you know when we will expect payment.
14. Payment Methods – Cash, cheque, or bank transfer are our acceptable methods of payment.
15. We reserve the right to seek recovery of any monies remaining unpaid 14 days from the date of invoice unless agreed otherwise in writing. We will collect all outstanding balances via collection agencies and/or through the Small Claims Court. In such circumstances, unfortunately there are always costs involved therefore you shall be liable for all additional administrative and/or court costs associated with the claim.
16. Administration charges– We have to pass on any charges we receive whilst trying to collect any money you owe us so we charge £25 per bounced cheque and per letter, should a bounced cheque payment not be paid within 7 days of the bounced cheque date then the 3% late payment charge will apply until payment is made in full.
17. Quality of Workmanship – We take pride in what we do, our work is carried out as specified, in a professional manner, the quality of our work will meet or exceed normally accepted industry standards. We can’t be held responsible for acts of god, unavailable materials, work stoppages, riots, mischief, or thefts which are outside our control.
18. Mould/fungus is a naturally occurring organism that, we as the contractor, have no control over, we have products to help keep it away temporarily however, we will not be liable for recurrence/growth of any form or type of mould/fungi.
19. By accepting the quote from us you agree to the rates quoted and estimation of works as detailed in the quote.
20. Site Access – To carry out the work you hire us to complete we need access to the job site if its not provided by you for the duration of work for any reason that is not our fault you agree to reimburse us for expenses incurred for travel and lost time at the rate of £29 per man-hour + VAT, and £0.45p per mile per vehicle.
21. We need a clean space to work so unless otherwise agreed, you will assume responsibility to clean the area being painted or decorated of dust and dirt prior to us arriving, for interior jobs all household and personal items (with the exception of large furniture such as sofas and beds), should also be removed and stored away from the work area during the duration of the job.
22. You agree that any items left in the work area that are in our way can be moved by us to allow us to carry out the work we are contracted to complete, as this eats into our work time we charge £29+VAT per man-hour for moving these items. We are happy to move large furniture at no cost to you (unless specified otherwise).
23. We do not accept any liability for damage to any items remaining in the work area or any items we have to move.
24. We will not be held liable for any damage caused by moving any items, if its valuable, expensive or fragile we suggest removing it from the work area before we arrive.
25. With the exception of other tradesmen, you the customer, children, pets, and all other individuals who are not employees of Colin Smith Decorating Ltd will not enter the work area unless agreed upon by us.
27. If other individuals are to be present during the duration of the scope of works, you will not schedule or permit such activities that will interfere with or prevent the timely and successful completion of the work we are contracted to do. We shall not be held liable for any damage caused to our work by anyone other than our employees. You agree to compensate us at the rate of £29 + VAT per man- hour to correct all such damage.
28. Insurance jobs – If you are making a claim via your insurance company it is your responsibility to ensure you have had the go ahead from the insurance company for the work quoted before allowing us to start the work. The contract is between Colin Smith Decorating Ltd and you, the customer, if money is found outstanding it will be you that is held liable.
29. If we show up on the agreed upon date at the agreed upon time, and are unable to complete the contracted work due to circumstances beyond our control (such as inability to enter the work site or any other reason not directly the fault of the Colin Smith Decorating Ltd, a £50 minimum charge shall apply. This charge may be avoided by giving written notice at least 24 hours prior to the scheduled appointment.
30. We are good at what we do and like to show our work off so you agree to us using photographs taken at the job site for display, promotion, and advertising, without compensation. This section will be void if not allowed by covenants or restrictions.
31. We want you to be happy with the work we complete so upon substantial completion of work, you agree to conduct an inspection of the work with a member of our staff. All defects and uncompleted items should be noted at this time. The inspection must occur under normal lighting conditions, without magnification, and from a normal viewing position, in accordance with the industry standards.
32. All materials we use will be applied and/or installed according to the manufacturer’s specifications.
33. All surface preparation, coating, application, and/or installation shall meet or exceed industry standards. All elements of the job will meet or exceed normal accepted practices in the industry.
34. We guarantee that all materials we supply will be of standard quality or above and are covered under the manufacturers warranty. Should you notice a fault you agree to make warranty claims immediately upon discovering defect or performance problem. In the event that the substrate or any prior coating falls, beneath what we have installed and/or applied, we will not be held liable for the failure of the substrate or any coating we have applied.
35. Failure to comply with the terms, conditions, and payment schedule of this agreement will void all warranties.