These terms and conditions shall be implied into all agreements between Chapman Family Decorators, whose principal business address is Radley House, Richardshaw Rd, Pudsey, LS28 6LE (the “Contractor”), and a Client for services provided by the Contractor to the Customer (the “Customer”) and shall be collectively known as the “Parties.”
The Customer wishes to obtain the Contractor’s services to perform the work as specified on the customer invoice (the “Invoice”). (the “Services”). The Contractor agrees to furnish the labor, materials, and supplies necessary to perform the Services in accordance with the terms and conditions contained in this Contract. Contractor may decide, without the need for notice to be given to, or permission received from Customer, to perform Services by themselves, alongside additional contractors organised by Contractor, or entirely through external contractors organised by Contractor. Upon completion of the Services, the Contractor and/or the organised contractors will remove all materials, supplies, and other debris from the Property.
Prior to the commencement of the Services by the Contractor, the Client shall ensure that any personal items, furniture, and any other belongings which belong to the Client, are removed from any rooms, spaces, or buildings in which the Contractors will be performing the Services. The Contractor shall not be held responsible for losses caused (except as required by statute) by the failure of the Client to adhere to their obligations under this clause 2.
The Customer may request reasonable changes to the Services described in Section 1. Any changes to the Services must be in writing and signed by both the Contractor and the Customer. The Customer agrees that any changes to the Services may result in additional charges and extend the Painting Schedule described in Section 3.
The Contractor will complete the Services in accordance with the following schedule. The Customer agrees that all dates are subject to change if the Customer requests any changes or additions to the Services. Completion date is further subject to weather conditions.Upon completion of the Services, the Client is entitled to request one (1) visit, free of charge, for the Contractor will return to undertake minor touch-up works to works previously undertaken by the Contractor. Any further visits of this nature by the Contractor (except for the free visit described above) shall be chargeable to the Client at the Contractor’s standard daily rate.
The Customer agrees to pay the Contractor the Total Payment specified on the Invoice for the Services. A Payment of 10% of the net Invoice price shall be payable seven (7) days before the scheduled start of the provision of the Services. The remainder shall be payable in staged payments agreed between the Parties and stipulated in the Invoice. The Contractor agrees to provide the Customer a breakdown of all costs (i.e., materials and labor) upon the Customer’s request.
The Customer agrees that if the Contractor is unable to complete the Services by the Completion Date because of reasons that were not caused by the Contractor (i.e., availability of necessary supplies, specific paint color, etc.) or because of events beyond the Contractor’s control (such as fire, flood, acts of God, vandalism, etc.), the Contractor will not be deemed to have breached this Contract and the time for the Contractor to complete the Services will be extended by the amount of time reasonably necessary for the Contractor to complete the Services and at a schedule agreeable to the Parties. The time for the Customer to pay the Contractor for the Services will be extended in the same manner.
The Contractor will take all reasonable safety precautions in performing the Services. The Contractor will comply with all applicable laws, ordinances, rules, regulations, and orders of public authorities for the safety of persons and property. The Customer agrees to keep the Property clear of all known and potential hazards. The Customer further agrees to keep all pets out of the work area of the Property.
8.1
The Customer can terminate the Contract by giving written notice:
(a)
if the Contractor commits any material breach of this Contract and fails to correct the breach within ten (10) days of notice of the breach; or
(b)
if there is any repeated failure by the Contractor to provide the Services of an acceptable standard and to the reasonable satisfaction of the Customer.
8.2
The Contractor can terminate the Contract by giving written notice:
(a)
if the Customer fails to make the payments required and set forth in Section 4 within two (2) days of notice of failure to make a payment; or
(b)
if the Customer commits any other material, non-financial breach and fails to correct the breach within ten (10) days of notice of the breach.
This document reflects the entire agreement between the Parties and reflects a complete understanding of the Parties with respect to the subject matter. This Contract supersedes all prior written and oral representations. The Contract may not be amended, altered, or supplemented except in writing signed by both Parties.
In the event of a dispute arising out of this Contract that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the successful Party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
This Contract is legal and binding between the Parties as stated above. The Parties each represent that they have the authority to enter into this Contract.
If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The failure of either Party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
This Contract shall be governed and construed in accordance with the laws of England and Wales, without giving effect to any conflicts of laws provisions.
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Chapman Family Decorators.You agree that by accessing our website, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE AND YOU MUST DISCONTINUE USE IMMEDIATELY.Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Website after the date such revised Terms of Use are posted.
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