Terms & Conditions when using our services

 

This webpage only provides a brief overview of the terms & Conditions, further Terms & Conditions will be available to review once the quotation/estimate is formally accepted.

‘We’, ‘Us’, ‘The Services’, ‘The Contractor’, ‘Contractor’, ‘Work’, ‘Works’ and ‘our’ means Decoforce Painting & Decorating Ltd. ‘You’, ‘The Client’, ‘Client, ‘Your’ & ‘The customer’, ‘They’, ‘Their’, ‘Them’, ‘He’, and ‘She’ means the person who requested our services and enters this contract. ‘The party’, ‘The Parties’, ‘Both parties’ means the attention of both the client and the contractor. 

 

BY USING THE SERVICES OF DECOFORCE PAINTING & DECORATING LTD YOU ARE ENTERING INTO A CONTRACT WITH US AND AGREEING TO ACCEPT AND FOLLOW THE TERMS AND CONDITIONS ON THIS WEBPAGE AND ON OUR CONTRACT OF SERVICES THAT IS PRESENTED TO YOU ONCE THE QUOTATION IS ACCEPTED.

 

The Contract of services is for the attention of the person who requested the quote / estimate and enters into the contract. If the person who requested our services wishes to have another person(s) speak or manage this contract on their behalf, then this must be mentioned in writing prior to signing the contract. 

 

The terms & conditions of the contract (the “Terms”) will begin on the date of the contract and will remain in full force and effect until the completion of the services. The client will have a 14 day cooling off period from the date of signing.  The terms of this contract may be extended by mutual written agreement of the parties. The client agrees upon signing this contract to work within all policies, guidelines & framework created by contractor. The agreed final quote/estimate represents a written contract for the exact work to be completed at the price quoted/estimated.

 

 

Quotation

- The quote/estimate is valid for 20 days from the date stated on the quote/estimate document. After which, the quote/estimate is subject to change both the materials & services. This also includes the terms & conditions on the document or in this contract. 

Please appreciate that inflation increases & decreases, this affects our industry often and both the cost of materials and services may reflect the current inflation rates. 

- The contractor can withdraw the quote/estimate any time without notice & reason before the signing of this contract. 

- The quote/estimate document is subject to change at any time during the project, this can be due to unforeseen circumstances, inaccessibility, personal (the client & contractor) or professional reasons (not limited to these reasons). 

- The business WILL NOT offer discounts for cash payments or for incentivising positives reviews.

- Deposit  required by bank transfer or card terminal to confirm booking and material costs.

- Credit card payments are protected under Section 75 of the Consumer Credit Act.  Alternative payments may not be protected.

- The quotation is accurate at the time of the first consultation, if the client changes  the property thereafter without the contractor knowing then the client is responsible to inform the contractor so that new quote/estimate can be generated. This is to ensure that an accurate & fair quote reflects the work in question. 

- The quote/estimate will include floor coverings and at times furniture covering. If the client requests these to be  removed from the price then the business will not be responsible for any spills, splatters on any floor or furniture.  

- The quote/estimate is locked in after signing the contract of services or tansfering deposit funds. If finished earlier than expected there will be no deductions from the original pricings. 

 


 

Contract 

-  Any agreement verbally is not covered by this contract unless it has been written into this contract by the means of a contract amendment form.

- The contract is made between Decoforce Painting & Decorating Ltd and the client. The client is identified as the person who is requested the quotation/estimate. 

-  Decoforce painting & Decorating Ltd will not enter into any dialog, accept any requests or communicate in any way with anyone other than client except where the client has provided written permission that allows them to do so before or during this contract.

- The acceptance of the quote/estimate electronically or by any other means signifies a full acceptance and commitment to accept the terms and conditions. 

- Please check you quotation/estimate carefully. 

- Scope of quoted work, the quote/estimate written by Decoforce Painting & Decorating Ltd for the client represents the requests of the client. It is not a builder’s survey and will not be held liable for any task that is not included in the written quote/estimate or within the services provided statement of this contract. 

- Conditions of existing walls and ceilings: Unless specifically mentioned, no provision is made for repair of plaster or drywall beneath papered walls and/or ceilings (Gypsum, Cement, Cement & Lime). This includes surfaces covered by large furniture at the quotation/estimate stage. It will be assumed that such plastering or wall conditions is suitable to take treatment specified in the services provided statement. Similarly, the costs of repair and renewals of any defects that are visible at the time of estimating/consultation will be chargeable, unless allowance for such items is included within this contract. It is the responsibility of the client to speak up before the signing of the contract and at the quote stage if they are aware of any potential defects that cannot be visible to a member of staff at Decoforce Painting & Decorating Ltd at the time of the first consultation. The client agrees to accept these terms when accepting the quote/estimate and when signing. 

- The contractor may need to stop the project if unforeseen circumstances arise and are unable to carry out their contracted obligation until such time another tradesperson or professional has resolved the unforeseen issue.  They will be able to resume to their contractual duties once the unforeseen has been resolved. 

 

 

Data sheets & COSHH

- Data & COSHH Sheets are available from manufacturers, these sheets give the consumer information on how the product is made and what with and any potential affects it may have on the environment. Some products can cause negative reactions to individuals and therefore is important for both parties to read and understand these Data Sheets. Both parties agree that they both read and understood the relevant Data & C.O.S.H.H sheets to the materials used in the services & it is both the responsibility of each party to take necessary action such as replacing materials before this contract is signed. 

 

 

Reasonable Adjustments, Safeguarding & Vulnerable People

-  Although the Managing Director (MD) has an advanced DBS certificate the business and its staff will not work if any person(s) under the age of 18 is at the project site alone without an appropriate adult or guardian.

-  If the client leaves and a person(s) under the age of 18 is present and alone, then the contractor will also leave until such time an appropriate adult/guardian is present to take responsibility for the person(s) under the age of 18. 

- If the client feels that they or a family member is vulnerable during the time of the project then it is advisable to another person(s) present to support the vulnerable person(s) whilst the project is ongoing. 

- Reasonable adjustment is defined as changes an individual makes to remove or reduce a disadvantage related to someone. Reasonable Adjustments may be required for the Client.  An example of reasonable adjustments is the contractor moving heavy furniture to because the client is unable to due to recently having abdominal surgery. If the client on this agreement requires reasonable adjustments, then they are encouraged to inform the contractor either by writing them on page 2 or as soon as possible so the business can support the client where appropriate. 

- Decoforce Painting & Decorating Ltd have a legal duty of care towards their staff and we carry this to our clients. Therefore will put safeguarding & extra welfare procedures in place when working on site if they deem it appropriate.

 

 

Project timeframe

- The project time frame is always an estimate, the contractor endeavours to try and stay within the time frame where reasonably possible, however this isn’t always possible a common example of why a timeframe may not always go to plan is unforeseen circumstances or reasonable adjustment for the client. The contractor will inform the client if the time frame has been or will be extended. If the project is extended further, then a formal letter will be mailed to the client explaining why this is the case. A full brief will also be given by the Contractor to the client regarding the matter. This also includes the start date, although rare there may times where a project before may have been delayed dues reasons, a common example is waiting for other trades to complete their services or unforeseen circumstances. The contractor will endeavour to inform the client as soon as reasonably possible if the estimated start date has to be changed. 

 

Exterior Projects, Neither the client or the contractor can control the weather. It is important that regular communication between both parties maintains during the process of the project. The weather is the biggest reason why an exterior project goes beyond any estimated timeframe. The client is encouraged to work with the contractor to work around any bad weather forecast, this maybe that the contractor works weekends, evenings (daylight hours) to ensure the project is completed. The contractor measures moisture within the substrates and continuously assesses the conditions and documents them. 

Where moisture is above 20% on masonry or wood this would need to reduce before any paints are applied. The substrate must be below 20% in order to safely apply paint, primers etc. Applying these above this could result in paint failure in the future. 

 

 

Facilities, Welfare & Power Equipment

- The contractor will require the use of water (hot and cold) whilst carrying out the project. The client is expected to ensure that adequate facilities are available throughout the project (part of clients duty under The Construction (Design & Management) Regulation 2015).

- The contract will require the use of electricity whilst the project is ongoing. The client is expected to ensure that the contractor has access to electricity where reasonably possible.  the business will not reduce the cost of the quote for the use electricity or water.

- Under the Construction (Design & Management) Regulations 2015 (CDM 2015), the contractor will require the use of functional toilet facilities. The client is expected to ensure that contractor has access to a functional toilet facilities for both male & female members of staff were reasonably practicable.  If facilities are not readily available then the contractor will provide a quote for external toilet facilities. 

- Projects that require a building control officer (BCO): If a client refuses to hire a BCO then this would be an instant termination of the services and this contract. If they client withdraws a BCO during the services, then the contractor will stop the services until a new BCO is appointed. If a new BCO is not found within 7 days, then this will terminate the services and this contract. Additional termination fees will also be included.

- The contractor will not shut off electricity or water without prior permission from the client first.

- The contractor uses L & M class dust extractors to minimise the amount of dust particles in the air when working. The contractor will take great care in providing as close to a dustless service as possible, but we cannot guarantee a 100% dustless environment at this time. The contractor uses power tools to carry out the service and at times can be louder. The contractor will aim to be as affective and quick as possible to reduce the noise pollution and fill follow HSE guidance on work noise and will reference  The Control of Noise at Work Regulations 2005.

- The client is encouraged not to stand near or by staff when using power equipment or remain with in 2 meters as they may be at risk of harm.

- The client is encouraged to follow any safety instructions whilst the project is being carried out, signs and notices will be in the areas of work.

- Under any circumstances the client are NOT to use or touch any equipment that belongs or on hire to the contractor without written consent from the contractor (provision & use of work equipment regulations 1998 (PUWER) ), ( Manual Handling operations regulations 1992). 

- Waste management is the responsibility of the client ands not the contractor, unless this has been quoted for or required as part of the scheduled works. The contractor will only use a fully licensed waste carrier. The client is encouraged that they are also following and if needed using a licenced waste carrier that is appropriate for construction waste (this includes empty or full paint tins and wallpaper).  It is a criminal offense for anyone to remove waste, construction waste without the appropriate waste licensed. 

 

 Abuse, Violence, Civil Disputes & Defamation

- The parties do not accept or tolerate any form of abuse (physical or verbal) or violence in any form whether directly or indirectly including any derogatory remarks regarding the protected characteristics within the Equality Act 2010 (but not limited too). If abuse or violence occurs during the contract, then either party can withdraw from the contract and if necessary, will seek civil recovery for any damaged, stolen equipment that belongs to them (including materials used). 

- The business will also seek legal actions for any loss of earnings due to abuse or violence. The Contractor agrees to achieve the highest standard of the service, The client is encouraged to speak up if they are not satisfied with the contractor’s workmanship. Quality of materials are at the risk of the manufacturer and not the contractor. The contractor will recommend the best products suited for the client during the consultations but is the responsibility of the client to understand the difference of quality if they decide to go against the advice of the contractor.

- The Contractor has a duty of care and therefore agrees to take responsibility of their workmanship and where possible turn wrong to right as reasonably and practically as possible. Where a civil dispute is unresolved both parties should consider legal advice and if necessary, attend a UK court to resolve the matter. 

- The contractor will always pursue for the highest charges on any form or violence, damage or abuse (in all forms either directly or indirectly) aimed at our staff, equipment and business.

Defamation Act 2013 states that “a statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant” & “harm to the reputation of a body that trades for profit is not “serious harm” unless it has caused or is likely to cause the body serious financial loss”. This including any social media posts, media, private messages, letters & images.

- Defamation in any form (libel or slander) will not be tolerated by either party until a dispute is heard through a UK court. Both parties should seek legal action if defamation occurs before one has the right to mend any wrongdoing before a court. The business will also pursue for the highest charges for any defamation towards them (in any form) that has not been heard before a UK court first. This includes any social media posts/comments and online platform forums.

 

 

 

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