Terms and Conditions of Business
1 Definitions
1.1 Under these Terms and Conditions the following words and expressions shall have the following meanings:
1.1.1 "the Supplier” means D.J. Jenkins Ltd.; and
1.1.2 “the Customer” means the party contracting the Supplier to carry out the Work; and
1.1.3 “the Price" means the sum to be paid by the Customer to the Supplier as agreed in consideration of
the performance of the Work; and
1.1.5 “the Contract” means the scope and details of the Work as agreed between the Supplier and the Customer.
1.2 The paragraph headings of these Terms and Conditions are for convenience only and are not intended to be part of or to affect the meaning of these terms.
2 General
2.1 These Terms and Conditions shall apply to all Contracts between the Supplier and the Customer, and shall be subject to variation only if agreed in writing by the Supplier.
2.2 Nothing in these Terms and Conditions shall affect the general rights of the Customer as a consumer.
3 Duties of the Supplier
3.1 In consideration of the payment by the Customer of the Price and subject to these terms and conditions, the Supplier agrees:
3.1.1 to carry out the Work in accordance with the Contract and to a reasonable standard, using appropriate materials and methods; and
3.1.2 to provide the Customer with an estimate of the Price for the Work prior to entering the Contract, and to advise the Customer promptly of any expected changes to the Price, whether due to modification of the Work, or for other reasons; and
3.1.3 to provide the Customer with a realistic timetable for completion of the Work, to use his best efforts to to the timetable, and to inform the Customer promptly of any changes required to the timetable; and
3.1.4 to carry out the Work with appropriate care and consideration for the Customer and the Customer’s property.
3.2 Any timetables or other dates given by the Supplier shall be estimates only, not guaranteed, and the Supplier shall not be held liable for any losses or expenses directly or indirectly incurred by the Customer or other parties, in the event that the Work is not completed by said dates.
3.3 The Supplier shall not be liable for any additional costs or expenses arising from inaccuracies in measurements provided by the Customer.
3.4 The Supplier shall hold valid public liability and employers liability insurance policies.
3.5 The Supplier shall carry out the work in accordance with relevant health and safety regulations.
3.6 The Supplier has the right to refuse to accept any offer of Contract from the Customer, irrespective of whether such offer of Contract arises from his submission of an estimate for Work.
4 Duties of Customer
4.1 The Customer shall provide the Supplier with clear details as to the Work required, including any special requirements, and shall allow the Supplier access to the property prior to entering the Contract, for the purposes of providing an estimate of the Price and an estimated timetable.
4.2 The Customer shall advise the Supplier, prior to entering the Contract, of any structural defects or other conditions which could affect the Work.
4.3 While the Work is being carried out, the Customer shall provide the Supplier with access to the property during such working hours as have been agreed, and with reasonable and safe working conditions including, but not limited to, adequate ventilation and use of toilet facilities.
4.4 The Customer shall notify the Supplier immediately in writing, in the event that he deems any aspect of the Work in progress unsatisfactory or unsuitable, and the Work shall not proceed until the Supplier and the Customer have reached agreement as to the expected standard or scope of the Work. The Customer shall if necessary request modification to the Work, as specified in Clause 5. If the Supplier and the Customer cannot reach agreement, the Contract shall be considered terminated, according to the terms of Clause 10.
5 Modifications of Work of Customer
5.1 The Customer may at any time request modifications to the Work by notice in writing to the Supplier.
5.2 Following a request for modification the Supplier shall, within a reasonable time, advise the Customer of the estimated effect of the modification, if any, on the Price, the timetable and any other aspects of the Contract already agreed between the parties, and the Customer shall advise the Supplier promptly in writing whether or not he wishes the modification to proceed.
6 Price and Payment
In consideration of the performance of the Contract the Customer shall pay the Supplier the Price within 7 working days of receipt of an invoice from the Supplier. The Price shall be subject to adjustment or increase only if so agreed in accordance with Clause 3.1.2 and/or 5.2 and/or 7.3.
7 Acceptance of Work
7.1 The Work shall be considered as accepted by the Customer, unless notified according to the provisions of Clause 4.4 during the course of the Work, or immediately on completion. The Customer shall not reject the Work unless it is clearly defective or fails to meet a reasonable standard.
7.2 The Supplier shall have the right to correct the Work within a reasonable period of time, and if this right is denied by the Customer, the Supplier shall be entitled to receive the full Price for the Contract.
7.3 Notwithstanding Clause 7.2, in the event that the Customer and the Supplier agree that part of the Work is not accepted, the Price shall be altered to reflect that specific part of the Work if priced individually or, if not, an appropriate proportion of the value of the Work as a whole.
8 Warranties
8.1 By entering into the Contract, the Customer warrants to the Supplier that he is legally entitled to authorise the Work on the property, and indemnifies the Supplier against any claim from other parties having legal rights in connection with the property.
8.2 All conditions, terms, representations and warranties that are not expressly stated in these Terms and Conditions, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, save for the statutorily implied terms as to title.
9 Limitation of Liability
9.1 Nothing in these terms shall limit the Supplier's liability in respect of death or personal injury where this occurs solely due to our negligence. The entire liability of the Supplier to the Customer in respect of any other claim whatsoever, whether or not arising out of negligence, shall normally be limited to the Price paid by the Customer for the Contract.
9.2 Under no circumstances shall the Supplier be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.
10 Termination
10.1 The Supplier shall have the right to terminate any work in progress, or supply of services, with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
10.2 Either party may terminate the Contract with immediate effect by notice in writing to the other if the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
10.3 The Customer shall have the right to terminate the Work at any time by notice in writing to the Supplier. Any payments made prior to the date of termination shall not be refundable and the Supplier shall also be entitled to receive payment of the balance of the Price not yet paid (or relevant proportion thereof) for parts of the Work carried out up to receipt of notification of termination.
11 Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or other competent authority, or delay or failure in manufacture, production, or supply of materials or services by third parties, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
12 Termination
If any provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if the invalid, illegal or unenforceable provision had been eliminated.
Decorating Specialists in the West Midlands
Member of British Decorators Association
and Dulux Trade Select (Membership No. 44915)
VAT Reg. No. 795253887
Tel: 07959 557663