This Agreement is deemed to be dated the same date as per our attached Specification and is made between the CUSTOMER (hereinafter called “The Customer)” and Complete Social Distancing Solutions (hereinafter called “The Company”). This document forms part of our Specification for your project in its entirety. If the Customer has subsequent additional works/extras carried out during the course of their project after the time of signing the Specification herein, then these Terms and Conditions also apply under the same umbrella for the additional works/extras.
- The Customer agrees to retain our services and where applicable the Company agrees to purchase goods on the Customers behalf at its request and have them installed by the Company and the Company agrees to supply and install all the goods (where applicable) as set out in the attached Specification. The Customer will be responsible for the costs of any goods/materials supplied by the Company to it the customer, as well as its services. The Customer is responsible for their choices of goods/materials of whatever nature.
- No variation of the Clauses of the Agreement shall be accepted by the Company unless such variation is agreed and signed by the Company in writing.
- No omission by the Company whether by way of indulgence or otherwise or failure to enforce or delay in enforcing the Company’s rights shall be construed as a waiver of any of the Company’s rights. The Company will complete the Contract and effect the works/installation of the goods/materials as soon as possible when agreed, however the Company cannot be held responsible for any loss or damage caused by delays in the manufacture or delivery of goods because of circumstances beyond the Company’s control. Provided that if the Company has not notified the Customer that the goods are ready for installation within 16 weeks of the date of this Contract then the Customer will be entitled to terminate this contract without any penalty and the Company will return to the Customer any deposit paid, less any related costs where applicable and for which an explanation will be given.
- The Customer agrees to allow the Company’s Surveyor and/or operatives/contractor access to the site address at all reasonable times so that the Company may make a detailed Survey Report and to carryout and/or complete the contract as agreed and where necessary.
- In relation to the time scale for bespoke joinery a period of at least 6 to 8 weeks from final design to manufacture will apply, unless the Company otherwise informs the Customer within a reasonable period of time of a variation to the time scale which has been beyond the Company’s control.
- The Company undertakes to use its best endeavours to provide the services and all goods stated in the Specification, however, In the event of services or goods being defective by reason of any defect in quality of the goods or workmanship of them, the Company will and where the Company agrees the same is applicable herein;
- Use its best endeavours to secure the benefit of any Guarantee given to it by the Manufacturer of any materials/goods used by them in supplying the said services and/or the manufacture of the goods supplied. The Company will not be responsible for manufacturers direct Guarantee for any goods chosen by the Customer, the Company will only try to obtain the manufacturers compliance with the faulty goods. All endeavours and efforts in this regard will be attempted by the Company, but ultimately, the Customer will be responsible to enforce the Guarantee themselves.
- The Company will either repair or replace any defective part only where the Company is responsible or at fault at its own expense provided that notice of such defect shall have been given to the Company in writing within the set guarantee period of the completion of the works/installation.
These Conditions only apply where there is no fault attributable on the part of the Customer. Further, the above conditions will also not apply where the Customer has supplied goods/materials directly, they must then rely on their own remedy.
- In the event that a stated product within a Specification is unavailable from our suppliers, we reserve the right to change it for a like for like product as long as there is minimal aesthetic variation.
- In the event that any of our invoices remain unpaid for whatever reason, any Guarantees whether for workmanship/services or goods supplied will be null and void in their entirety. This will apply to all areas of workmanship/services/goods that we have ever undertaken or supplied at any of your property/properties at any time.
- Please note decoration on all works is only allowed as quoted
- Where we are requested by you to provide any quantities for materials, e.g. wall/flooring tiles etc/.. we cannot be held responsible should the quantities not suffice, or be in excess of that required by you, as it is not always possible to be able to fully determine what exact amounts are required, so you must rely on your own final findings, and therefore, no liability can be attached to us in this regard.
- Where applicable that we have arranged scaffolding to be erected at your property for ourselves to carry out works, only Complete Social Distancing Solutions Operatives are authorized/have permission to access the scaffolding at any time. Should any unauthorized person(s) access the scaffolding and sustain an injury or cause any damage of whatsoever nature, Complete Social Distancing Solutions accepts no liability under any circumstances.
- Where decoration is being carried out at your property of whatever nature, all paint choices must be made by yourself and advised to us, we take no responsibility for paint choices. We are happy to provide you with colour charts to assist you with your choice.
- The installation of goods and supply of services to the Customer shall be subject to the Company’s Surveyor’s approval where necessary. In the event of the Company terminating this Agreement after receiving its Surveyor’s Report the Customer’s deposit shall be refunded without further obligation on the part of the Company less any necessary deductions that have been incurred on the part of the Company and for which the Customer has been informed of.
- The Customer shall be entitled to cancel this Agreement without penalty provided that the Company receives by Recorded Delivery written notice cancelling the Contract within seven days of the date hereof. If the customer purports to cancel this Contract after the period of seven days from the date hereof the Customer agrees to pay the Company any losses and/or expenses reasonably incurred including any sales costs, costs for goods purchased or the cost of loss of wages by the Company in respect of the said Contract and will do so immediately upon presentation of the Company’s invoice. Where costs have been incurred on behalf of the Customer these will be deducted from any monies held and the balance sent to the Customer with a full explanation for the deduction, likewise any monies owed will be requested to be reimbursed and an explanation given.
- The Company reserves the right to refund a Customers deposit should circumstances and situations dictate it impossible to continue a working relationship for whatever nature. A deposit or part thereof will only be refunded where the Company has not incurred any costs or expenses for which they cannot be held responsible for.
Where a third party contractor is involved by us to work on your project of whatever skill e.g. a scaffolding contractor, if the Contract between the Customer and the Company breaks down the third party contractor will be permitted and entitled by the Customer to gain entry to the site address involved to obtain return of their goods/materials where necessary and under circumstances that dictate such. Should entry not be permitted by the Customer, any loss sustained by ourselves or the third party will be passed on the Customer for it to reimburse to ourselves or the third party any losses sustained.
- Title of any goods/materials of whatever nature supplied by the Company shall not pass ownership to the Customer until all monies due and owing under our invoices as per the Agreement herein are settled in their entirety. We reserve the right to obtain return of our goods should settlement not be made within a responsible passing of time and where subsequent agreement cannot be reached. The Customer will permit us to return to the site address to retrieve such items under the circumstances.
- The Company reserves the right to alter any design and/or specification without prior notice should such a situation arise and be necessary in the progression of a job to benefit the design. Likewise legislation may affect the terms and conditions contained therein that it proves necessary in order to comply with legislation. Those changes will be subject to our current terms and conditions.
- When works commence the Company will not be held responsible for any unforeseen additional costs (due to no fault of their own) that may arise during the progression of the Contract, and therefore, the Customer will give the said Company the right to complete these works in order to protect all parties where such circumstances dictate and in the interest of all parties. Please specifically note that all work listed on our Estimates/Specifications has only been carried out on a visual inspection. It is therefore not possible to anticipate any unforeseen circumstances that can arise during the course of work being carried out. Customers will be kept informed of this and any relevant costs.
- Unless otherwise specifically specified by either yourselves and/or an agent acting on your behalf at your request we will at no time be held responsible or liable for any instruction to the relevant Local Authority e.g. planning, or instruction of an architect, structural engineer and of any like nature for any consents and alike that need to be obtained. The customer should reply on their own endeavours therefore.
- When the Company advises and agrees with the Customer an anticipated start date for your work to be carried out, please note that from time to time this date may by necessity have to change due to circumstances beyond the Company’s control. It may be that a previous project the Company are working on had unforeseen additional work arise and this causes an unavoidable delay due to the nature of the work. We will always try to avoid such instances arising to the best of our ability, but the Company would notify you immediately such a situation should arise and then your work would be programmed for the next available date. Also, when a project/work starts, a provisional time-table for the completion of the work is sometimes given. Again, this is only provisional and as guidance as delays due to unforeseen circumstances cannot be anticipated and also where extra work is added in by a Customer this will obviously change the anticipated completion date.
- Where timber products are used on a project, it must be noted and understood that timber is a natural product and can be liable for expansion, contraction and slight movement. The Company cannot be held liable for any such circumstances arising due to the said nature of the product.
- Where the Company carries out specific roof works under our Specification, and then the Company is subsequently requested to return to re-inspect the roof at a later date due to an issue with the roof, and it then transpires that the issue with the roof is not related to the work the Company has carried out, then there will be a charge for this appointment and re-inspection of £67.00 plus VAT.
- Payment terms are :-
40% deposit is required upon booking of services/goods, then 40% payment on commencement of work and the balance payment required on completion of works. It also may be a requirement during the course of your work to request a further 10% deposit where prior to completion should circumstances dictate such and for which you will be informed of and an explanation given.
Please note, when multiple items of work are being carried out, individual projects may be invoiced separately and at different times, pending completion of other items/projects. However, where a project has started and then is delayed due to materials/items being delayed for delivery, or Customers requesting work to be stopped/delayed for a period of time, we will require 10% of the balance outstanding at this stage, and then on completion of the works the balance due forthwith.
Please note that where we are engaged on an emergency call out, our hourly charge out rate will be applicable at £179.00 per hour plus VAT, or any part thereof, to include travel, collection of materials, together with the cost of any materials for one operative, once multiple operatives are required this is reduced to £160.00 per hour plus VAT per operative. Please note that an emergency call out is based on a period of within 36 hours from instruction.
We reserve the right to off-set any monies we are holding from you against any projects we have in progression for you regardless of their nature.
- In the event of non-payment or part non-payment on the Customers part under this Contract in respect of any invoices given to them by the Company then any or all Guarantees offered by the Company will become null and void under the circumstances.
- From start to finish the Company and their parent Company takes pictures of your project and may choose to display these pictures on Facebook, their web sites or stationery without any further notice to you. Should this not be acceptable, the Customer must confirm in writing their disagreement to this, and the Company will acknowledge this, otherwise, it is accepted by the Customer.
- If parking restrictions apply in your area, we will require Parking Permits for the full duration whilst we are working at your property. We will estimate at the start of a project the amount required to start with, and then request for Parking Permits as they are required. If for any reason these are not supplied at the time, or during the course of your project, and we receive Parking Tickets, we will have to pass the cost onto yourselves.
- Please note that we will require access to amenities such as electric and water whilst working at your property.
- It is a requirement of the Specification and Terms and Conditions that it is signed by the legal owner of the property at which the work is being carried out at or, if you are a Tenant/relative signing the Specification on behalf of the property owner that you either have their specific authority to do so, and that both the owner and yourself are liable for payment of our invoices should any issues arise of their non-payment. Therefore, by signing the Specification responsibility for payment of our invoices is given under these conditions.
- As stated herein above, you have the right to cancel this contract within 7 days of the Company’s receipt of the initial deposit, by giving notice in writing to the address on the Specification provided that work has not commenced. Unless written notice is given, your right to cancellation will not be accepted otherwise.
- Nothing herein contained shall be deemed to limit or restrict the statutory or common law rights of the
Customer and the Company.