- The Contract will be between Brush Strokes Decorating (UK) Limited (a company registered in England under N° 6868142), whose registered office is: 58 Lovelace Avenue, Bromley, Kent, BR2 8EB (herein after referred to as the Contractor) and the Customer whose name and address is detailed on the accepted quotation for services provided by the Contractor.
- Acceptance by the Customer of the Contractor’s Quotation[s] includes acceptance of these Standard Terms and Conditions.
- Any variation or addition to these Standard Terms and Conditions resulting from the work to be carried out or the materials to be supplied will be detailed separately and notified to the client for acceptance on the Quotation. Such additions or variations will apply in conjunction with these Standard Terms and Conditions except where specifically indicated and agreed otherwise.
- All parties acting jointly as the Customer i.e. commercial enterprises and domestic parties etc., shall be jointly liable for the terms of the contract.
- Quotations shall remain open for acceptance by the Customer for a period of 30 days unless otherwise indicated.
- The Contractor agrees to carry out the work as detailed on the Quotation accepted by the clients in a timely, professional and competent manner and to meet with all regulatory certification and safety standards at all times.
- The Contractor agrees to maintain at all times the professional accreditation as detailed in the company website.
- The Contractor assures that all operatives involved with the work shall be appropriately qualified for the work they undertake and further, that all apprentices and non-skilled operatives shall be properly instructed and supervised at all times.
- The Contractor agrees to comply with all Health and Safety requirements and directives as issued by the Health and Safety Executive (HSE) in respect of all parties (Customers, Workers and other persons) as related to and relevant to the Contractor’s work.
- The Contractor warrants that no part of the agreed works will be sub – contracted to another party unless such a prior agreement has been made with the Client.
- The Contractor obligates that all materials supplied under the contract shall be of the standard specified within the quotation to the Customer and in all cases comply with the current British, European or International Standard as appropriate.
- Where product design and colours are specifically detailed by either the Client or the Contractor, the Contractor shall provide written details of the products used such as, but not limited to, manufacturer, supplier, item code, pattern/design name and colour number etc.
- The Contractor warrants that all equipment used in fulfilling the Contract shall be of the appropriate type, quality and standard at all times.
- The Customer shall ensure that access to the premises and area of the works is cleared of furniture and any other impediments and is available to the Contractor at all working times, generally Monday to Friday unless otherwise agreed and specified.
- The Customer is obligated to ensure that the premises/area of work is appropriately protected from unauthorised access during hours of non-work by the Contractor.
- The Customer is responsible for the removal of all personal and valuable items from the area of work prior to the work commencing.
- As necessary, and unless otherwise agreed, the Client shall be responsible for notifying occupants that the work is taking place.
- The Customer shall be responsible for the provision of services and facilities (water, toilets and electricity etc.) for use by the Contractor’s operatives, unless prior specific alternative arrangements are agreed.
- Where the Customer employs other trades or companies involved in the same project as the Contractor, it shall be the Customer’s responsibly to organise the other parties and to avoid any impedance of the contract. Any delay in fulfilling the contract causing costs to the Contractor, as a result of other trades or Client requirements shall be itemised by the Contractor and the responsibility of the Customer to defray such costs.
- Permits, fees or charges, or those levied by any other statutory authority, company or organisation shall be the responsibility of the Customer unless otherwise specified and agreed accordingly.
Variations and Changes to Quoted Work:
- Requested variations or additions to accepted Quotations and works shall be agreed and confirmed in writing, including the basis of the agreed charge. Or if appropriate, subject to a separate quotation for acceptance by the Client and/or Customer.
Timescale for Works:
- Where a specific timescale and date for the completion of the works is agreed by both parties this will be noted on the quotation. The Contractor shall not be responsible for any loss or damage arising out of delay in the completion of the contract due to any cause beyond the Contractor’s control.
- Neither the Contractor or Customer shall be liable for any failure or delay in performing their obligations caused by events beyond the reasonable control of either party.
- The Customer agrees to pay the Contractor’s quoted price and under the agreed terms as specified on the Contract or Quotation, including such taxes as levied by the Government at the rate applicable at the time in accordance with the following terms:
Domestic Clients: Payment on completion of the works.
Commercial Clients: Payment 30 Days from the date of Application or Invoice.
Any variations to the standard payment terms (including materials or stage payments etc.) will only be if agreed by the Contractor and specified accordingly.
- Payment of the Contractor’s tax invoice must be made using any of the following means: BACS, Credit Card, Debit Card or Cash. Cheques will only be accepted by prior agreement and maybe subject to verification at the Contractor’s discretion.
- Overdue invoices will, at the discretion of Contractor be charged at the prevailing UK Government recommended rate of interest for overdue accounts.
- The Contractor shall retain full title to any goods, materials and equipment supplied until payment of the full invoiced amount is received.
- In the event of default by the client in respect of any sums due, the Customer will be liable for all costs incurred by the Contractor in recovering the outstanding amount.
Guarantees and Indemnities:
- The Contractor guarantees that it will maintain Employee and Public Liability Insurance at all times and provide evidence of such Insurance upon request.
- The Contractor guarantees all work, materials and equipment for 1 (one) year from the date of installation, application or use. In the event that a manufacturer or supplier of any equipment provides a guarantee for a period of more than one year, this will be notified to the Customer. However, it shall be the Customer’s responsibility to enforce the additional guarantee exceeding the statutory first year.
- The Contractor shall not be liable under the terms of any guarantee if the failure or defect of the materials or equipment is found to be as a result of misuse or of normal and expected wear and tear.
- The customer shall be responsible for ensuring the safe keeping and insuring as appropriate all equipment delivered to the work premises in preparation for installation, application or use.
- Following acceptance of the Contractor’s quotation for the work to be carried out, if for any reason the Customer should wish to cancel or terminate the contract the Customer will be liable for all reasonable related costs and losses of the Contractor up to the date of termination.
- Such costs will be itemised for the Customer and invoiced for immediate payment. The costs will include, but not be limited to; labour, permit charges, materials and equipment purchased, including goods ordered but not received and freight and restocking charges which may be applied by suppliers. All such termination costs shall include the Contractor’s usual profit element up to the date of termination.
- All notifications and communication between the Contractor and the Customer shall be made to the usual registered address or usual electronic address of either party.
- Notifications and communications can be provided by post (including registered mail), courier or by e-mail. Where receipt of a notification is required it should be requested by the sender. All notifications and communications should be retained.
Confidentiality and Data Protection:
- Both Parties shall at all times respect the confidentiality of all information related to the contract and at all times observe the requirements of the EEA and UK General Data Protection Regulations (GDPR).
- Any contract between the Customer and the Contractor shall be covered under the Law of England and Wales.