Terms and Conditions

Terms and Conditions

Please read all terms and conditions.

1. Application

1.1 These Terms and Conditions will apply to the purchase of the services by you (the Customer).

1.2 We are Clark Decorating And Property Maintenance LTD, a company registered in England and Wales

under company registration number 13322556 whose registered office is 30 Lewis Road, Sutton, SM1 4EQ

with email address info@clarkdapm.com; telephone number (07535 344 905).

1.3 These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to

be bound by these Terms and Conditions.

In these terms and conditions (which are referred to in this document as “these terms”), “Customer” means

the customer for whom the Works are to be carried out by Clark Decorating And Property Maintenance LTD,

“Contract” means the agreement between the Customer and Clark Decorating And Property Maintenance

LTD to carry out the Works of which these terms form a part and (where these terms are a schedule to a

signed agreement between the Customer and Clark Decorating And Property Maintenance LTD (“the

Agreement”) the Agreement, “Works” means the works described in Clark Decorating And Property

Maintenance LTD estimate and/or as referred to in Clark Decorating And Property Maintenance LTD Job

Specification Sheet or any other document or email issued by Clark Decorating And Property Maintenance

LTD, as may be varied by agreement in writing between the parties. For the purposes of these terms, “in

writing” includes by email and any document which is set out in a hand held device and any signature on a

hand held screen shall be treated as in writing. In these terms words importing the masculine gender also

include the neuter and the feminine gender and words importing the singular number include also the plural

number, where the context so requires.

2. General

2.1 The Customer will be treated as a Non-Account Customer.

2.2 All estimates given by Clark Decorating And Property Maintenance LTD, all orders and instructions given

by the Customer, and all work authorisations, are governed by these terms. They supersede any other terms

appearing elsewhere and override and exclude any other terms stipulated or incorporated or referred to by

the Customer, whether in the order or instructions or in any negotiations or in any course of dealing

established between Clark Decorating And Property Maintenance LTD and the Customer, except where these

terms are a schedule to a signed Agreement between the Customer and Clark Decorating And Property

Maintenance LTD, in which event these terms apply only to the extent not inconsistent with that Agreement.

2.3 The Customer acknowledges that Clark Decorating And Property Maintenance LTD has not made any

representations (other than any expressly stated in the Contract and/or in Clark Decorating And Property

Maintenance LTD estimate) which have induced it to enter into the Contract and the Contract shall constitute

the entire understanding between the Customer and Clark Decorating And Property Maintenance LTD for the

performance of the Works (and detailed in paragraph 4 below).

2.4 No modification to the Contract shall be effective unless made by an express written agreement or email

exchange between the parties. The signing on behalf of Clark Decorating And Property Maintenance LTD of

any documentation of the Customer shall not imply any modification of the Contract.

2.5 Nothing in this Contract is intended to confer on any person any right to enforce any term which that

person would not have but for The Contracts (Rights of Third Parties) Act 1999. Accordingly, a person who is

not a party to this Contract shall have no rights under that Act to enforce any of its terms, but this does not

affect any right or remedy of such person which exists or is available apart from that Act.

3.The price, Estimates and variations

3.1 Unless Clark Decorating And Property Maintenance LTD provides the Customer with an estimate which is

accepted by the Customer in accordance with its terms, all Works will be charged on the basis of Clark

Decorating And Property Maintenance standard rate applicable at the time the Works are carried out.

3.2 Any estimate by Clark Decorating And Property Maintenance LTD is subject to withdrawal by Clark

Decorating And Property Maintenance LTD at any time before receipt of an unqualified acceptance from the

Customer and shall be deemed to be withdrawn unless so accepted within 28 days from its date.

3.3 Where Clark Decorating And Property Maintenance LTD provides the Customer with an estimate which is

accepted by the Customer in accordance with its terms, that estimate is a firm, fixed price quotation unless

otherwise specified by Clark Decorating And Property Maintenance LTD in the estimate and also except as

follows:

3.3.1 An estimate is based on the information which is made available to Clark Decorating And Property

Maintenance LTD by the Customer. If during the conduct of the Works it becomes apparent to Clark

Decorating And Property Maintenance LTD that that information was either incorrect or insufficient in any

respect that Clark Decorating And Property Maintenance LTD to be material, Clark Decorating And Property

Maintenance LTD reserves the right to inform the Customer and to increase the estimated price to take

account of the revised information, and

3.3.2 If prior to carrying out the Works, there is an increase to Clark Decorating And Property Maintenance

LTD of more than 10% in the cost of any relevant materials, equipment hire or transport since the date upon

which Clark Decorating And Property Maintenance LTD estimate, written, emailed or oral, was provided,

Clark Decorating And Property Maintenance reserves the right to inform the Customer and to provide a

revised estimate incorporating that increase. In this event, the revised estimate will apply unless the

Customer cancels the Contract before the Works are begun or, if earlier, within 48 hours of the revised

estimate being provided.

3.4 Where an item is not easily sourced or generally held by the major suppliers used by Clark Decorating

And Property Maintenance LTD and it considers that significant time will need to be spent tracing and then

collecting it, Clark Decorating And Property Maintenance LTD will inform the Customer in advance and,

unless the Customer sources the item itself, this will be charged on a time basis as per Clark Decorating And

Property Maintenance LTD hourly rate applicable at the time the works are carried out. It should be noted

that this is an infrequent occurrence.

4. The Works

All descriptions, illustrations etc. contained in any catalogues, price lists or advertisements, or otherwise

communicated to the Customer, are intended merely to present a general idea of the Works and nothing

contained in any of them shall form a part of the Contract.

5. The Price

5.1 The price payable by the Customer is calculated as specified in paragraph 3 above. Unless otherwise

stated, the price and all estimates provided by Clark Decorating And Property Maintenance LTD are shown

and fully chargeable.

6. Payment

6.1 Payment by the Customer is due on completion of the Works. Payment must be made on completion.

6.2 At the time of accepting the estimate the Customer shall be required to pay a Deposit to Clark

Decorating And Property Maintenance LTD. The Deposit shall be 50% of the quoted fee or a smaller amount

agreed between Clark Decorating And Property Maintenance LTD and the customer. Orders shall not be

deemed confirmed until the Deposit is paid in full. Subject to the provisions of paragraph 16 the Deposit

shall be non-refundable.

6.3 Clark Decorating And Property Maintenance LTD will seek to submit invoices to the Customer on

completion of the Works and, subject to paragraph 8 below, payment must be made by the Customer on the

date the invoice for the Works is issued.

6.4 Snagging: Where the Works have been completed subject to snagging, 95% of all amounts outstanding

must be paid on such completion and the Customer must provide access to Clark Decorating And Property

Maintenance LTD without delay to enable the snagging to be finalised. The balance of 5% will become

payable upon the finalisation of the snagging or, if access has not been made available to carry out the

snagging within 14 days of completion, at the expiry of such 14 day period.

6.5 Where the Customer is represented by a third party (such as a managing agent, tenant or other

occupier, contractor or other representative), in the event of non-payment by the Customer, the third party

will be responsible for payment unless Clark Decorating And Property Maintenance LTD has agreed otherwise

in writing.

6.6 In the case of consumer Customers, Clark Decorating And Property Maintenance LTD shall be entitled to

interest on a daily basis on any amount not paid on the due date for payment from such due date until

payment in full at 5% above the Bank of England base rate at the relevant time together with such charges

as may be incurred by any collection agent appointed by Clark Decorating And Property Maintenance LTD

(with a minimum of £40 plus VAT in the case of amounts below £1,000 and a minimum of £75 plus VAT in

the case of amounts of £1,000 or more). In the case of commercial Customers Clark Decorating And

Property Maintenance LTD will apply all relevant interest and charges as applicable under the Late Payment

of Commercial Debts (Interest) Act 1998 as amended and supplemented from time to time by Government

legislation or regulation.

6.7 Clark Decorating And Property Maintenance LTD shall not be required to issue or deliver any certificates,

guarantees or other similar documents regarding the Works until payment has been made in full.

6.8 Title in all parts and other goods supplied by Clark Decorating And Property Maintenance LTD shall not

pass to the Customer until payment for the Works has been made in full.

7. Commencement and Completion Dates

Dates specified for the commencement and completion of the Works are estimates only. Clark Decorating

And Property Maintenance LTD shall use all reasonable endeavours to ensure that it will attend on the date

and time agreed. However, it accepts no liability in respect of non attendance or late attendance on site or

for the late or non-delivery of materials. Time shall not be of the essence of the Contract except as provided

in paragraph 16 below.

8. Inspection of Works and Complaints Procedure

The Customer shall inspect the Works as far as it is reasonably possible to do so immediately upon their

completion and if it considers that the Works or any part thereof are not in accordance with the Contract, it

shall within 7 days from the date of inspection give detailed notice in writing thereof. In the absence of any

such notice, the Works shall be conclusively presumed to be complete and free from any defect which would

be apparent on reasonable examination.

8.1 If the Customer gives Clark Decorating And Property Maintenance LTD notice that the works or any part

thereof are not in accordance with the Contract, as per paragraph 8. above, Clark Decorating And Property

Maintenance LTD shall be given access to the site to examine the complaint and, if Clark Decorating And

Property Maintenance LTD agrees that the Works were not completed in accordance with the Contract, to

make good, at Clark Decorating And Property Maintenance LTD cost and expense, any defect. If Clark

Decorating And Property Maintenance LTD does not agree with the Customer’s complaint, the Customer shall

be entitled to refer the matter to the relevant trade accreditation body, with a view to mediation in

accordance with the recommendations of the body, failing which the Customer shall be deemed to have

withdrawn its complaint and shall be obliged to make payment in full for the Works in accordance with

paragraph 6 above. If the Customer involves a third party contractor prior to giving Clark Decorating And

Property Maintenance LTD a reasonable opportunity to correct any agreed defect or prior to exhausting the

procedure recommended by the relevant accreditation body, any such involvement shall be at the

Customer’s own cost and expense and Clark Decorating And Property Maintenance LTD be entitled to

payment in full in accordance with paragraph 6 above.

9. Indemnity

The Customer shall indemnify Clark Decorating And Property Maintenance LTD against all actions, suits,

claims, demands, losses, charges, costs and expenses which Clark Decorating And Property Maintenance

LTD may suffer or incur in connection with a claim by any third party resulting from a breach of the

Customer’s obligations, undertakings, representations and warranties in connection with this Contract.

10. Whole agreement and Exclusion of liability

These terms set out by Clark Decorating And Property Maintenance LTD entire liability in respect of the

Works and Clark Decorating And Property Maintenance LTD liability under them shall be in lieu and to the

exclusion of all other warranties, conditions, terms and liabilities, expressed or implied, in respect of the

Works and the quality thereof.

11. Limitation of Liability, and Liability of Clark Decorating And Property Maintenance LTD

Clark Decorating And Property Maintenance LTD liability shall be limited to:

11.1 the repair or making good of any defect pursuant to its undertaking in paragraph 13 below and subject

always to paragraph 8 above;

11.2 liability for death or personal injury resulting from negligence in the course of carrying out Clark

Decorating And Property Maintenances LTD duties, and

11.3 the reasonable costs of repair or reinstatement of any loss or damage to the Customer’s property if

such loss or damage results from Clark Decorating And Property Maintenance LTD negligence or that of its

employees, agents or sub-contractors and the Customer incurs such costs.

11.4 Clark Decorating And Property Maintenance LTD will not be responsible for damage suffered to a part

of the Customer’s property (whether or not Clark Decorating And Property Maintenance LTD is working on

that part) where that damage is in whole or in part a consequence of a defect or weakness in that part of

the property.

12. Permits, Licences, other Consents and Access

It is the responsibility of the Customer to obtain all permits, licences and other consents in connection with

the Works unless Clark Decorating And Property Maintenance agrees otherwise in writing. The Customer

shall provide clear access to enable Clark Decorating And Property Maintenance LTD to undertake the Works

and will make all necessary arrangements with the proper persons or authorities for any traffic controls and

signals required in connection with the carrying out of the Works. The Customer will at all times provide a

safe working environment for Clark Decorating And Property Maintenance LTD and its employees, agents

and sub- contractors for the purposes of carrying out the Works. Where applicable to drainage works, the

Customer will provide, if possible, a plan showing drain layouts.

If this is not available, Clark Decorating And Property Maintenance LTD reserves the right to render

additional charges at the relevant applicable rate in accordance with paragraph 3 above.

13. Defects

Subject to paragraph 8 above and the exclusions listed below, Clark Decorating And Property Maintenance

LTD undertakes to repair or make good any defect in completed work which appears within six months of

completion of the same to the extent that such defect arises from a breach of Clark Decorating And Property

Maintenance LTD obligations under this Contract and provided that details of the defect are notified by the

Customer to Clark Decorating And Property Maintenance LTD in writing within such period and that Clark

Decorating And Property Maintenance LTD and its insurers are given the opportunity of inspecting the work

and the alleged defect. This undertaking shall only apply to work carried out and completed and invoiced by

Clark Decorating And Property Maintenance LTD and which is paid for by the Customer by the due date for

payment ascertained in accordance with paragraph 6 above. If Clark Decorating And Property Maintenance

returns to the site at the Customer’s request to review a claim under this undertaking and it transpires that

the defect had not arisen as a result of a breach of this Contract on the part of Clark Decorating And

Property Maintenance LTD, Clark Decorating And Property Maintenance LTD reserves the right to charge the

Customer for the visit at its standard rate as per paragraph 3 above. Clark Decorating And Property

Maintenance LTD reserves the right not to carry out any work under this paragraph 13 where the Customer

cannot evidence that the work was originally carried out and completed by Clark Decorating And Property

Maintenance LTD or where payment has not been made in full for such work. Exclusions are:

- Parts and materials will be provided only with the benefit of the manufacturer’s / supplier’s guarantee, and

are not guaranteed by Clark Decorating And Property Maintenance LTD.

- Systems or structures not installed by Clark Decorating And Property Maintenance LTD.

- Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to

Clark Decorating And Property Maintenance LTD prior to the work having been undertaken.

- Defects resulting from misuse, wilful act, or faulty workmanship by the Customer or anyone working for or

under the direction of the Customer (other than Clark Decorating And Property Maintenance LTD).

Structural defects encompassing but not limited to subsidence and its resultant effect.

- Damage to drainage systems caused by root penetration or any other outside force.

- Any roofing work where Clark Decorating And Property Maintenance LTD advises that the overall condition

of the roof is poor and is

- Any work to repair an existing lock, or to fit any lock not supplied by Clark Decorating And Property

Maintenance LTD.

14. Force Majeure

Clark Decorating And Property Maintenance LTD will use all reasonable endeavours to carry out the Works on

the agreed dates but shall not be under any liability to the Customer if it should be either impossible or

impracticable to carry out the Works on the agreed dates or at all, by reason of strike, lock out, industrial

dispute, act of God, Pandemic or any other event or occurrence beyond Clark Decorating And Property

Maintenance LTD control.

15. Customer’s Liability

The Customer shall be liable for:

- Any loss, damage or injury, whether direct or indirect or consequential, resulting from failure or delay in

the performance of the Customer’s obligations under these terms.

- Providing all necessary power and a clean water supply for Clark Decorating And Property Maintenance LTD

use in the execution of the contracted works.

- The safety of both plant and machinery belonging to or hired in by Clark Decorating And Property

Maintenance LTD or its employees, agents or sub-contractors and shall indemnify Clark Decorating And

Property Maintenance LTD against its loss, theft or damage.

16. Cancellation

16.1 If the Customer cancels the Contract without Clark Decorating And Property Maintenance LTD

agreement other than pursuant to paragraph 3.3 above, the Customer shall indemnify Clark Decorating And

Property Maintenance LTD against all loss, damage, claims or actions arising out of such cancellation unless

otherwise agreed in writing, and for the avoidance of doubt any such cancellation is without prejudice to

Clark Decorating And Property Maintenance LTD right to payment in accordance with paragraph 6 above.

16.2 The Customer may, at any time during a cooling off period of 14 days following the day of its

acceptance of an estimate for planned works, by written notice to Clark Decorating And Property

Maintenance LTD cancel the work to be undertaken without any charge or penalty. Subject thereto, if the

Customer cancels work to be undertaken pursuant to an estimate accepted by the Customer, subject to

paragraph 3.2 above the Customer agrees to the following cancellation terms:

(1) If the Customer cancels the works more than 28 days before the agreed start date Clark

Decorating And Property Maintenance LTD shall issue a full refund of all sums paid, including

the Deposit.

(2) If the Customer reschedules the works more than 28 days before the agreed start date Clark

Decorating And Property Maintenance LTD shall retain all sums paid, including the Deposit and

shall deduct all such sums from any related balance payable on the rescheduled Job.

(3) If the Customer cancels the works less than 28 days but more than 14 days before the

agreed start date Clark Decorating And Property Maintenance LTD shall refund any sums paid

less the Deposit.

(4) If the Customer reschedules the works less than 28 days but more than 14 days before the

Agreed Date the Decorators shall retain any sums paid including the Deposit and shall deduct

all such sums (excluding the Deposit) from any balance payable on the rescheduled Job. A new

Deposit shall be payable on the rescheduled Job.

(5) If the Customer cancels the works less than 14 days before the Agreed Date the Decorators

shall retain all sums paid and any outstanding sums shall become immediately payable. No

refund shall be issued

(6) If the Customer reschedules the works less than 14 days before the agreed start date Clark

Decorating And Property Maintenance LTD shall retain all sums paid and any outstanding sums

shall become immediately payable. No refund shall be issued and no sums paid will count

toward the fees and Deposit payable on the rescheduled Job.

(7) Clark Decorating And Property Maintenance LTD may cancel the works at any time before the

Agreed Date and shall refund all sums paid, including the Deposit.

17. Removal of Waste Materials

Unless agreed in writing on the relevant “instruction to carry out additional works” agreement between the

parties, the Customer will be responsible for the removal from site of all waste materials resulting from the

Works.

18. Waiver, Variation etc.

No waiver by Clark Decorating And Property Maintenance LTD of any breach by the Customer shall operate

as a waiver of any preceding or subsequent breach by the Customer. No variation shall be effective against

Clark Decorating And Property Maintenance LTD unless sanctioned in writing by Clark Decorating And

Property Maintenance LTD. No forbearance or delay on Clark Decorating And Property Maintenance LTD part

shall prejudice Clark Decorating And Property Maintenance LTD rights and remedies under this Contract.

19. Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with English law, and any

disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts

of England and Wales.