SW DECO-BUILD TERMS AND CONDITIONS:
Quotation Acceptance:
By accepting our services by telephone, email or text, the customer agrees to be bound by our Terms and Conditions. All prices are subject to an inspection of the customers property and a written or verbal quotation which shall remain valid for the period of 60 days only. SW Deco-Build reserves the right to amend the initial quotation, should the clients’ original requirements change.
Cancellation
The customer may cancel the scheduled job at least 24 hours prior to the agreed timings. The customer shall be required to pay the agreed fee up to a maximum value of £280.00 if the customer cancels or changes the date/time less than 24 hours prior to the scheduled appointment, or in the event of a lock out leading to us being turned away, no one home to let us in or a problem with customers keys.
Payment/Deposit/Cost of Materials
Payment terms are a non-refundable10% deposit payable before the first day of works starting. Followed by weekly instalments which must be paid with 48 hours. All materials purchased by SW Deco-Build on behalf of the customer will need to be paid in full within 3 days of completion. SW Deco-Build reserve the right to request a deposit is paid before commencing any work. Card Payment will ensure a charge of 1.6% on top of the total outstanding balance.
Please note that we add a 15% procurement surcharge for sourcing any additional supplies on behalf of our clients, to cover our costs for fuel and any time spent shopping on clients’ behalf.
If other tradespeople are being employed to work alongside SW Deco-Build, we will require an emailable written list of their installation dates.
We are not responsible for fixing malfunctions with products that are bought and supplied by the client.
If a client wishes to have specific fixtures and fittings, they must purchase these themselves or let us know what they would like in advance of works commencing. SW Deco-Build cannot be held responsible for changing fixtures and fittings because they do not like the look of them once fitted.
No new carpets to be laid until the very end of the job. We cannot be held responsible for carpets getting damaged that are being laid by other tradespeople whilst we are still working and decorating.
All materials are property of SW Deco-Build until full and final payment has been received.
Claims Guarantee
SW Deco-Build has public and employers’ liability insurance.
The customer accepts that poor service or standards, breakage/damage or presumed theft must be reported to us within 48hours of the final work date.
In case of damages, we will repair the item at its cost. If the item cannot be repaired, we will rectify the problem by crediting the customer with the items actual cash value or by replacing the item like for like. All fragile highly breakable items must be removed. Items excluded from liability are cash, jewellery, items of sentimental value, art and antiques. It is the customers responsibility to have these above mentioned items stored responsibly prior to any work commencing.
Governing Law and Jurisdiction
These terms and conditions shall be governed by the relevant United Kingdom law and by agreeing to be bound by them the customer agrees to submit to the exclusive jurisdiction of the relevant courts of the United Kingdom.
TERMS AND CONDITIONS
The following terms of business apply to all contracts between Us and the client. Acceptance of this proposal and commencement of the project will be taken as acceptance of the following terms of business, unless otherwise agreed in writing before commencement of the project, this does not include any wording or terms set out in any subcontract or purchase orders from the client and these terms will supersede all other terms and prevail in the event of any disputes.
Fees & Invoicing
We reserve the right to adjust the fees and the date of completion of the project in the event that the scope of works or any associated proposals are altered after the works are commissioned.
We reserve the right to adjust our fees for ‘out of sequence works’*. Out-of-sequence work is a condition in which the originally planned, and probably most efficient and logical, work sequence is interrupted and changed.
All costs submitted within any documents set out by SW London Deco Build shall clearly display all additions of tax, in circumstances whereby the costs have been submitted without the relevant tax breakdowns, it will be agreed that the costs are exclusive of tax which will then be added at the prevailing rate.
If additional work, not covered by our quotation, is requested by the client a further quotation will be submitted, and the additional work will not be started until the client has accepted the revised quotation. SW London Deco Build shall not be liable for the costs and time incurred if delayed acceptance delays or interrupts the regular progress of the original works.
Minor defects or matters requiring rectification which are covered by any guarantees shall not be considered as reasons for nonpayment of any balances due, nor do SW London Deco Build accept any deferred withdrawals, or payment retainers such as retentions on works covered under warranty.
Under the Late Payment of Commercial Debts (Interest) Act 1998 SW London Deco Build reserves the right to charge interest and compensation at the current statuary rate on any balance’s outstanding after the invoice due date and until the debt is settled in full.
All materials delivered to site will remain the property of SW London Deco Build with title fully vested until the client has paid for the works in full and if the client defaults in respect of any obligations to make payments under the contract SW London Deco Build may enter the site and repossess and remove the materials until such time as all sums due have been paid in full, even if the materials have been installed, connected or incorporated in the works, in which case SW London Deco Build may dis-install, disconnect and remove the same.
Confirmation, Cancellation & Termination
SW London Deco-Build requires written confirmation in the form of a works order, purchase order or a clear written instruction to commence a project. Orders must clearly state the scope of works and the associated costs to be accepted, the client must not attempt to instruct any other member of SW London Deco-Build workforce or sub-contractors, and any such attempt shall be of no effect. Once the project has been confirmed, the cancellation charges set out below will apply. i. If the project is cancelled by the client at any time during the project, the client will be liable to SW London Deco-Build for any, and all direct and indirect expenses and costs incurred by SW London Deco-Build, its officers, agents, employees or contractors and any loss or earnings or other any loss whatsoever. ii. Once the client and SW London Deco-Build have entered into a contract, a written request to cancel any works must be made by the client and accepted by SW London Deco-Build no later than 5 working days before the project is due to commence, the client will be liable for any, and all direct and indirect costs incurred by SW London Deco-Build. iii. Either party may terminate this agreement at any time by written notice to the other if the other goes into liquidation, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed over all or part of its business.
Site Information & Preparations
The client will be responsible for ensuring that the site is safe for SW London Deco-Build and its sub-contractors to carry out the works and that it contains no hazards or dangerous features which were not disclosed by the client or reasonably apparent to SW London Deco-Build on inspection of the site prior to the issue of any proposals.
SW London Deco-Build assume that the client has made all the relevant preparations and sequence programming in regard to ensuring that all areas are ready for our works to commence on the date agreed, this should include: i. a nominated individual with authority to deal with SW London Deco-Build and to give binding authorisations on behalf of the client, ii. unrestricted access to the site during normal working hours and wherever practical (if requested by SW London Deco-Build) overnight and at weekends and will not without good cause interfere or hinder the progress of the works, iii. the means of entry and exit to the working area, must be, as far as reasonably practicable, safe and without risks to health, iv. access to welfare facilities, on-site parking and available on-site services, such as mains electricity and a water supply to be used without charge, v. all and any materials being supplied by the client are readily available on site and without delay, on the exact date and time requested to ensure the commencement or continuation of works to programme, vi. unrestricted access to the work areas and removal of all fixtures, fittings and general obstacles that could prevent or delay our works, vii. sequence programming diligently implemented on site, ensuring that no other trades bring disruption to our sequence of works, viii. operatives booked in to the relevant inductions on the date of commencement and that the inductions take place accordingly, any delays in inductions or any additional training, lengthy, extended induction programs that exceed 1 hour without prior notice will be calculated as down time and charged accordingly, ix. the client’s responsibility for obtaining (if applicable) at its own cost and in a timely fashion so as not to delay or interrupt the regular progress of the works any consent, permission or approval form any landlord or required under planning law, or any bye-law, statutory instrument or regulation. Similarly, the client will be responsible for the professional charges of any necessary specialist service that may be required, e.g. structural calculations or architect’s drawings. Should teams face any delays due to lack of preparations or access to any of the work areas, then costs for any downtime or delays will be charged at an hourly rate of £40.00 +VAT per operative.
SW London Deco-Build will contact the client if bad weather is forecast or present on all external projects with a view to removing labour from site if we feel productivity may be reduced. If the client requests to keep labour on site and against any advice given, then any downtime due to bad weather will be charged at an hourly rate of £40.00 +VAT per operative and added as a variation over and above the fixed costs agreed.
Working Practices & Quality Control
Cladding & Roof Coating Works in General:
Surveys & Due Diligence
1. SW London Deco-Build recommend that a full in-depth roof survey and a detailed schedule of condition be carried out by a qualified independent third party prior to the works commencing, this is to ensure that any potential issues are recorded, and a full relevant scope of works are produced in advance for tendering. This should also record any existing water ingress from the roof and gutters and recommendations for remediation if applicable.
2. Unless specifically agreed in writing SW London Deco-Build will not carry out any form of design for any works. Insofar as SW London Deco-Build will use best endeavours to comply with current legislation, Building Regulations and best practice, no warranty or other liability on the part of SW London Deco-Build shall be created or implied in regard to the suitability or fitness for purpose of components or systems recommended or any calculations undertaken.
3. Surveyors have made the specification of materials in the quotation as comprehensive as allowed by information received from the client and/or by the available access but has not stripped materials or taken core samples. SW London Deco-Build will not be liable if the condition of the substructure dictates increased costs of labour and/or materials, and/or additional work.
4. The roof works will be undertaken on the understanding that as much as SW London Deco-Build will complete the works to the best of their ability, that they are unable to control environmental factors such as the weather or fall out caused by other trades. This may cause small imperfections to finish such as drips, sags, dust, rough spots and orange peel to the coating film once fully cured. 2. We ask that all areas which are to be coated, are free from any obstructions (fixed or temporary) to ensure a consistent application of the coatings, if any areas that are missed due to any obstructions, such as fixed scaffolding then any patch repairs to cover such misses may be visually apparent from the existing substrate, any works to remediate misses due to obstructions will be completed as additional works at the full cost of the client.
Defects & Damages
SW London Deco-Build will rectify at its own cost any defects or faults which appear and are notified by the client in writing within X months of completion of the works and are due to defective workmanship by SW London Deco-Build or defective materials supplied by us. All reported defects will be investigated in detail and all flawed workmanship or materials will be processed as part of our non-conformity process, ensuring all internal quality control measures are in place for continued improvement.
SW London Deco-Build will not be liable for defects in any materials or due to the unsuitability of any materials where the materials were chosen by the client.
If SW London Deco-Build or its sub-contractors are responsible for designing the works or any part of them, they will not be liable for defects, faults or inadequacy of the design caused by the client’s failure to give timely adequate or accurate information about the site and/or the clients requirements.
SW London Deco-Build will take reasonable care to specify and supply materials of adequate quality and to complete the works in a good and workmanlike manner but will not be liable for any consequential loss or damage suffered by the client however arising. In particular, due to the nature of some works, it is impossible to guarantee that the site or the property will at all times during the works be wind and watertight and or protected from the elements.
SW London Deco-Build will not be liable for damage caused to roads, driveways or landscaping at the site or any third party’s premises caused by the use of the clients or suppliers’ vehicles or caused to any part of the site by vibration, dust or other incidental effects of carrying out the works.
Building Services and Start Time and Completion Times being Estimates Only 1. 2. 3. Before We start the Job We will carry out an inspection of the Property to check that the Building Services are appropriate for the Property, practical and can be carried out safely. We will provide the Building Services in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by agreement between You and Us from time to time).
We may provide sketches, plans, diagrams or similar documents in advance of the Job on request. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Job or to guarantee specific results. 4. 5. 6. 7. 8. We will use reasonable endeavours to ensure that the Products We use match those chosen by You and are consistent throughout the Property (or relevant parts of the Property).
There may be some variations to the Products as a result of differences between photographs, catalogues and other materials, and the Products themselves, or as a result of technical changes on the part of the manufacturer. Product packaging may also vary. If different Products are required due to non-availability, We will notify this to you as soon as may be reasonably practicable, We will ensure that all Products are in a satisfactory condition at the time of use.
We will perform the Building Services with reasonable care and skill. We will so far as may be reasonably practicable, notify You in advance if the work We are doing is likely to materially affect the Property outside of the Work Area. You will be responsible for any remedial work to any outside areas, unless such work arises due to the breach of our duty to you to carry out the work with reasonable skill and care. We will so far as may be reasonably practicable ensure that furniture, flooring and walls in the Work Area that are not being worked on as part of the Job are suitably covered and protected for the duration of the Job. 9. 10. 11. 12. 13.
We will so far as may be reasonably practicable properly dispose of all waste that results from Our provision of the Building Services.
If we cause any damage during the course of the Job you will provide to us with a reasonably opportunity to repair the damage at own cost- to include but not be limited after the date of completion of the relevant work.
You will provide reasonable access for any inspections of the Property which we may from time to time reasonably require- including both prior to the commencement of the Work and/or after the practical completion of the Work. We shall not be responsible for any disruption or disturbance to your use or enjoyment of the Property which may be caused by the Works.
After the Job has been practically completed We will work with You to produce a snag list identifying any faults or defects in Our work which we need to put right after practical completion of the Job. We will not be responsible for any defects which result from your own work or from the work of any third party contractors who have been engaged by yourself. 14. 15. 16. 8. Faulty Products 1. 2.
Any dates we provide to start and/or complete the Work shall be estimates only. Our obligations shall be to use reasonable efforts to complete the work within a reasonable time scale and we give no guarantees in relation to any specific start or completion dates for the Work. This clause shall also be without prejudice to any delay caused by any event(s) outside of our reasonable control, in relation to which we shall have no legal responsibility for. You shall provide reasonable access to the Property to enable the Work to be carried out by us.