• 077549 55971
  • info@superdecor.co.uk

TERMS & CONDITIONS

 Terms and Conditions

These Terms & Conditions apply to painting, decorating, wallpapering, plastering, flooring, repair and associated services supplied by Super Decor.

1. About These Terms

1.1 These Terms & Conditions apply to services provided by Super Decor (“we”, “us”, “our”) to the customer (“you”, “your”).

1.2 Your individual quotation, proposal or estimate (“Proposal”) will set out the particular Works, price, payment schedule and project-specific requirements.

1.3 The contract between us consists of:

 

    • the accepted Proposal;

    • these Terms & Conditions;

    • any agreed specification;

    • any agreed variations; and

    • any other document expressly incorporated into the Proposal.

1.4 If there is a conflict between the Proposal and these Terms & Conditions, the specific terms in the Proposal will take precedence for that particular matter.

1.5 Nothing in these Terms & Conditions excludes or restricts any statutory rights which cannot lawfully be excluded or restricted.

2. Acceptance of the Contract

2.1 A contract may be formed when you:

 

    • sign the Proposal;

    • accept the Proposal in writing;

    • accept electronically;

    • pay a deposit or other payment;

    • instruct us to commence the Works; or

    • otherwise clearly confirm that you wish us to proceed.

2.2 Before entering into the contract, you will be provided with access to these Terms & Conditions and will have a reasonable opportunity to review them.

2.3 By accepting the Proposal, you agree that these Terms & Conditions form part of the contract.

3. Quotations and Estimates

3.1 A Proposal will identify the Works included and the price applicable to those Works.

3.2 Unless expressly stated as a fixed price, an estimate is an indication of anticipated costs and is not a guarantee of the final price.

3.3 A quotation or estimate is based on the information reasonably available to us at the time it is prepared.

3.4 Where a quotation is prepared from photographs, measurements or information supplied by you rather than following a physical inspection, the quotation may be revised where the actual condition of the Property materially differs from the information provided.

3.5 Work not expressly included in the Proposal is excluded from the contract price.

4. Fixed Price Work

4.1 Where the Proposal expressly states that a price is fixed, that price applies to the agreed scope of Works.

4.2 A fixed price does not include additional work requested by you or work arising from unforeseen conditions outside the agreed scope.

4.3 Additional charges may arise where additional preparation, repair, materials, labour, access equipment or other work becomes reasonably necessary.

4.4 We will, where reasonably practicable, inform you of significant additional costs before carrying out the additional Works.

5. Additional Works and Variations

5.1 You may request additional Works or changes to the agreed specification.

5.2 Where reasonably practicable, we will confirm the additional cost before carrying out the additional Works.

5.3 Variations may be agreed by signed document, email, text message, WhatsApp or other written/electronic communication.

5.4 Once a variation has been agreed, it forms part of the contract.

5.5 Additional materials, labour and other reasonable costs arising from an agreed variation are payable by you.

6. Deposits and Advance Payments

6.1 We may require a deposit or advance payment to secure the booking, purchase materials or reserve labour.

6.2 The amount will be stated in the Proposal or invoice.

6.3 Unless otherwise stated, payments made in advance will be credited against the contract price.

6.4 Where you cancel, any refund or deduction will be dealt with in accordance with the contract and applicable law.

6.5 We will not use a cancellation charge or retain a payment to an extent that would be unlawful or disproportionate.

7. Consumer Cancellation Rights

7.1 If you are a consumer, you may have statutory cancellation rights depending on how the contract was entered into.

7.2 Where the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply, you may have a 14-day cancellation period.

7.3 If you request that we begin providing services during an applicable cancellation period, you may be required to pay a proportionate amount for services properly supplied before cancellation, where permitted by law.

7.4 Where the statutory requirements for the cancellation right to end following full performance are satisfied, the cancellation right may cease to apply.

7.5 Nothing in these Terms & Conditions is intended to remove or restrict any statutory cancellation right.

8. Customer Cancellation After Work Has Started

8.1 You may request cancellation or termination by giving us written notice.

8.2 If you cancel for reasons not caused by our breach, you remain responsible for sums properly due for:

 

    • Works already completed;

    • agreed variations;

    • materials already supplied;

    • materials reasonably purchased specifically for the project;

    • non-refundable third-party costs;

    • reasonable costs directly caused by the cancellation; and

    • other sums properly due under the contract.

8.3 Where cancellation occurs shortly before scheduled completion, you remain responsible for the value of Works already performed and other sums properly recoverable under the contract.

8.4 Cancellation does not automatically extinguish amounts which have already become due.

8.5 We will take reasonable steps to minimise losses caused by cancellation.

8.6 We will not seek double recovery for the same loss.

8.7 Any cancellation charge must be reasonable and proportionate to the circumstances and applicable law.

9. Termination by Super Decor

9.1 We may suspend or terminate the Works where:

 

    • an undisputed payment is overdue;

    • reasonable access to the Property is not provided;

    • the Property presents an unsafe working environment;

    • you materially prevent us from carrying out the Works;

    • you materially change the scope without agreement; or

    • you otherwise commit a material breach of the contract.

9.2 Where a breach is capable of remedy, we will normally give you a reasonable opportunity to remedy it before termination.

9.3 Where termination occurs because of circumstances attributable to you, you remain responsible for sums properly due for Works completed, materials and other recoverable costs.

9.4 Where we terminate for reasons not attributable to you, we will deal with any payment or refund due in accordance with the contract and applicable law.

10. Payment

10.1 Payment dates and staged payments will be stated in the Proposal or invoice.

10.2 Unless otherwise stated, invoices are payable within 7 days.

10.3 Where staged payments apply, each stage payment must be made by the stated due date.

10.4 If an undisputed amount becomes overdue, we may suspend further Works until the account is brought up to date.

10.5 Suspension caused by non-payment may affect the project schedule.

10.6 If you genuinely dispute part of an invoice, you should notify us promptly, explaining the amount disputed and the reason.

10.7 Any undisputed amount remains payable.

11. Late Payment

11.1 Where permitted by law, we reserve the right to claim interest on overdue sums.

11.2 For business-to-business contracts, we may rely upon applicable statutory rights under the Late Payment of Commercial Debts (Interest) Act 1998, including statutory interest and compensation where applicable.

11.3 For consumer contracts, any interest or charges will only be applied where legally permitted and will be reasonable and proportionate.

11.4 We will not impose unlawful or disproportionate penalties.

12. Access to the Property

12.1 You must provide reasonable access to the Property at agreed times.

12.2 You must notify us of known access restrictions, alarms, parking restrictions, hazards or other matters which may affect the Works.

12.3 If we are unable to access the Property as agreed, resulting reasonable additional costs or delays may be chargeable where appropriate.

13. Preparation and Existing Conditions

13.1 The quality of the final finish depends on the condition of the existing surfaces.

13.2 Existing surfaces may contain wallpaper, lining paper, textured coatings, old paint, cracks, damp, defective plaster, movement or previous repairs.

13.3 We will undertake the preparation included in the Proposal.

13.4 Additional preparation discovered after work begins may constitute additional Works.

13.5 We cannot guarantee that decorating will permanently conceal structural movement, damp, defective plaster or other underlying defects.

14. Wallpaper and Wallcoverings

14.1 Wallpapering depends upon the suitability of the existing surface.

14.2 Where existing wallpaper or lining paper is retained at your instruction, imperfections underneath may remain visible.

14.3 Where we recommend removal, lining, filling, skimming or other preparation and you instruct us not to carry it out, the final finish may be affected.

14.4 Customer-supplied wallpaper remains your responsibility for suitability, quantity and condition.

15. Materials and Paint

15.1 Unless otherwise agreed, we will supply materials appropriate to the agreed specification.

15.2 Where you supply materials, you are responsible for their suitability and quantity.

15.3 We are not responsible for defects caused solely by unsuitable or defective customer-supplied materials.

15.4 Colour appearance can vary according to lighting and surface conditions.

16. Furniture and Personal Belongings

16.1 You should remove valuable, fragile and personal belongings from working areas.

16.2 Unless expressly included, extensive furniture removal, dismantling, storage or disposal is not included.

16.3 We will take reasonable care when moving ordinary furniture where this has been agreed.

17. Protection of the Property

17.1 We will take reasonable precautions to protect floors, fixtures and surrounding areas.

17.2 You should notify us of existing damage before work begins.

17.3 We are not responsible for pre-existing damage or defects which we did not cause.

18. Defects and Snagging

18.1 If you believe there is a defect in our workmanship, you should notify us promptly in writing.

18.2 We should be given a reasonable opportunity to inspect the alleged defect.

18.3 Where a defect is attributable to our workmanship, we will be given a reasonable opportunity to rectify it.

18.4 You should not appoint another contractor to rectify alleged defects without first giving us a reasonable opportunity to inspect and, where appropriate, remedy the issue, except where urgent action is reasonably necessary.

18.5 Nothing in this clause limits your statutory rights.

19. Workmanship

19.1 We will carry out services with reasonable care and skill as required by applicable law.

19.2 Where the agreed specification identifies a particular finish, colour, material or standard, we will use reasonable endeavours to provide that specification.

19.3 Existing defects, structural movement, damp, defective plaster or other underlying conditions may affect the final result.

20. Hazardous Materials and Asbestos

20.1 You must inform us of known asbestos, hazardous substances or other dangerous conditions.

20.2 We do not undertake asbestos removal unless expressly agreed and carried out by appropriately qualified specialists.

20.3 If suspected asbestos or another hazardous substance is discovered, we may suspend the affected Works until the matter has been appropriately assessed.

20.4 Additional specialist costs may be payable where applicable.

21. Delays

21.1 We will use reasonable endeavours to carry out the Works within the agreed schedule.

21.2 Delays may occur because of circumstances outside our reasonable control, including severe weather, supplier delays, material shortages, access problems, hidden defects, emergencies or other unforeseen circumstances.

21.3 Where such circumstances arise, the completion date may reasonably be extended.

22. Customer Responsibilities

You must:

 

    • provide accurate information;

    • provide reasonable access;

    • make payments on time;

    • provide a reasonably safe working environment;

    • notify us of known hazards;

    • make colour and specification decisions promptly;

    • avoid interfering with the Works; and

    • notify us of other contractors working at the Property.

23. Other Contractors

23.1 We are not responsible for damage or defects caused by other contractors.

23.2 If another contractor damages completed Works, additional remedial work may be chargeable.

23.3 You should inform us if other contractors will be working in the same areas.

24. Photographs

24.1 We may take photographs of the Works for project records, progress records and dispute resolution.

24.2 Photographs will not be used publicly for marketing purposes without appropriate permission where required.

25. Guarantees

25.1 Any specific workmanship guarantee will be stated in the Proposal.

25.2 A guarantee does not remove or restrict statutory rights.

25.3 A guarantee does not normally cover damage caused by misuse, accidental damage, structural movement, damp, water ingress, third-party work or customer-supplied defective materials.

26. Complaints

26.1 Complaints should be submitted in writing to:

Email: info@superdecor.co.uk

26.2 Please provide the Property address, quotation/invoice reference and details of the issue.

26.3 We will investigate genuine complaints and, where appropriate, arrange an inspection.

26.4 We encourage both parties to attempt reasonable resolution before legal proceedings.

27. Final Account Following Termination

27.1 Where a project is terminated, we may prepare a final account.

27.2 The final account may include:

 

    • completed Works;

    • agreed variations;

    • materials supplied;

    • materials specifically purchased for the project;

    • properly incurred third-party costs;

    • sums already invoiced but unpaid; and

    • other sums properly recoverable under the contract.

27.3 Any credit properly due to the Customer will be taken into account.

27.4 Termination does not automatically cancel amounts which have already become due.

28. Recovery of Unpaid Amounts

28.1 Where an amount remains unpaid after the applicable payment deadline, we may send a formal payment demand.

28.2 Where appropriate, we may send a Letter Before Claim.

28.3 If the dispute cannot be resolved, we may commence appropriate civil proceedings to recover sums properly due.

28.4 Where permitted by law, we may seek applicable interest, court fees and recoverable costs.

28.5 We will comply with any applicable pre-action requirements before commencing proceedings.

29. Dispute Resolution

29.1 We encourage customers to contact us first so that genuine disputes can be investigated.

29.2 Where appropriate, the parties may agree to mediation or another form of alternative dispute resolution.

29.3 Nothing prevents either party from exercising a statutory right to commence legal proceedings.

30. Governing Law

30.1 These Terms & Conditions are governed by the law of England and Wales, unless mandatory law requires otherwise.

30.2 Subject to mandatory consumer rights, disputes will be dealt with by the courts having appropriate jurisdiction.

31. Statutory Rights

31.1 Nothing in these Terms & Conditions excludes or restricts rights which cannot legally be excluded.

31.2 Where you are a consumer, the Consumer Rights Act 2015 applies where relevant.

31.3 In particular, services must be provided with reasonable care and skill.

31.4 Nothing in these Terms & Conditions prevents you from exercising rights provided by applicable UK consumer legislation.

32. Changes to These Terms

32.1 The version of these Terms & Conditions applicable to your project will be the version incorporated into your Proposal at the time the contract is formed.

32.2 We will not retrospectively impose materially different terms on an existing contract without agreement.

33. Entire Agreement

33.1 The Proposal, these Terms & Conditions and agreed variations constitute the agreement between the parties in relation to the Works.

33.2 If any provision is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

CUSTOMER ACKNOWLEDGEMENT

The Proposal will identify the version of these Terms & Conditions applicable to the project.

By signing or otherwise accepting the Proposal, the Customer confirms that they have been given a reasonable opportunity to access and review the applicable Terms & Conditions before entering into the contract.