1. Definitions
“Company” means Dean Mccathie Painters & Decorators Ltd.
“Client” means the business, company, partnership, organisation or individual acting in the course of business who engages the Company to carry out the Works.
“Works” means the painting, decorating and associated services described in the quotation.
1. Quotations and Acceptance
2.1 All quotations remain valid for 30 days unless otherwise stated.
2.2 A contract is formed when the Client accepts the Company’s quotation in writing, by email, by purchase order, or by instructing the Company to commence the Works.
2.3 Any changes requested by the Client after acceptance may result in additional charges and revised completion dates.
1. Deposits
3.1 The Company may require a booking deposit of 25% of the quoted contract value.
3.2 The booking deposit secures labour, scheduling and resources and will be credited against the final invoice.
3.3 The booking deposit is non-refundable where cancellation occurs within 14 days of the agreed start date.
1. Access and Site Conditions
4.1 The Client shall provide safe and reasonable access to the work area during agreed working hours.
4.2 The Client shall ensure that the work area is free from obstructions, hazards and third-party interference.
4.3 Delays caused by lack of access, site restrictions, other trades, or circumstances outside the Company’s control may result in additional costs and revised completion dates.
1. Materials
5.1 Unless otherwise stated, the quotation includes the materials specified within the quotation.
5.2 The Company reserves the right to charge for increases in material costs occurring after acceptance of the quotation where such increases are outside the Company’s reasonable control.
5.3 Special-order or non-returnable materials remain payable by the Client if ordered prior to cancellation.
1. Variations
6.1 Any additional works, alterations or changes requested by the Client shall constitute a variation.
6.2 Variations may be charged at the Company’s current rates and may affect programme dates.
6.3 The Company will endeavour to confirm variation costs in writing before proceeding.
1. Cancellation by the Client
7.1 If the Client cancels the Works after acceptance of the quotation, the following charges shall apply:
More than 14 days before the agreed start date: No cancellation charge.
7 to 14 days before the agreed start date: 25% of the quoted labour value.
2 to 6 days before the agreed start date: 50% of the quoted labour value.
Less than 48 hours before the agreed start date: 100% of the first week’s scheduled labour value.
7.2 In addition to the above, the Client shall reimburse the Company for:
Materials purchased or ordered;
Non-returnable items;
Subcontractor costs;
Equipment hire charges;
Any other reasonable costs incurred in preparation for the Works.
7.3 Where work has already commenced, the Client shall pay for all work completed up to the date of cancellation together with any costs incurred as described above.
1. Suspension of Works
8.1 If the Client requests suspension of the Works for more than five working days, the Company reserves the right to invoice work completed to date.
8.2 The Company may charge reasonable remobilisation costs where works are restarted following suspension.
1. Payment Terms
9.1 Unless otherwise agreed in writing, invoices are payable within 14 days of the invoice date.
9.2 The Company may issue interim invoices for larger projects.
9.3 Final payment shall become due upon practical completion of the Works.
1. Late Payment
10.1 The Company reserves the right to charge interest on overdue invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
10.2 The Company may also claim any fixed compensation and reasonable debt recovery costs permitted by law.
10.3 The Company reserves the right to suspend further works until outstanding sums are paid.
1. Completion Dates
11.1 Any completion dates provided are estimates only.
11.2 The Company shall not be liable for delays caused by weather, material shortages, access issues, actions of third parties, or other events beyond its reasonable control.
1. Liability
12.1 The Company’s liability shall be limited to the value of the contract.
12.2 Nothing in these Terms shall limit or exclude liability for death or personal injury caused by negligence, fraud, or any liability that cannot legally be excluded.
1. Defects and Snagging
13.1 The Client shall notify the Company of any defects within 14 days of completion.
13.2 The Company shall be given reasonable opportunity to inspect and remedy any defects for which it is responsible.
1. Force Majeure
The Company shall not be liable for failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control.
1. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland, and the Scottish courts shall have exclusive jurisdiction.
16. Retention of Client Property and Site Access Items
16.1 The Company reserves the right to retain possession of any keys, access devices, fobs, security passes, documentation or other property held in connection with the Works until all outstanding invoices, cancellation charges, expenses and associated costs have been paid in full.
16.2 Any such items retained by the Company shall be stored securely and made available for collection by prior arrangement during normal business hours.
16.3 The Company shall not be liable for any losses arising from delays in collection of retained items where monies remain outstanding.
16.4 The Client acknowledges that the Company may refuse to make additional journeys or attendances solely for the purpose of returning keys or access devices where outstanding sums remain due.
17. Abusive, Threatening or Unacceptable Behaviour
17.1 The Company operates a zero-tolerance policy towards abusive, threatening, intimidating, discriminatory, aggressive or otherwise unacceptable behaviour directed towards its employees, subcontractors or representatives.
17.2 Where such behaviour occurs, whether in person, by telephone, email, text message or any other form of communication, the Company reserves the right to immediately suspend or terminate its involvement in the Works.
17.3 In such circumstances, the Client shall remain liable for all costs incurred, including cancellation charges, completed works, materials ordered, wasted journeys and administration costs.
17.4 The Company shall not be liable for any delay or loss arising from the suspension or termination of Works under this clause.
18. Wasted Journeys and Abortive Visits
18.1 The Company reserves the right to charge for wasted journeys, aborted attendances and engineer call-outs where attendance has been arranged and the Works cannot proceed due to cancellation, lack of access, site restrictions or circumstances within the Client’s control.
18.2 Such charges shall be calculated at the Company’s prevailing labour, mileage and administration rates.
19. Right to Refuse Further Works
19.1 The Company reserves the right to refuse to commence, continue or complete any Works where:
(a) Outstanding invoices remain unpaid;
(b) The Client breaches these Terms and Conditions;
(c) The health, safety or welfare of the Company’s employees or subcontractors is put at risk; or
(d) The Client or its representatives engage in abusive, threatening or unreasonable conduct.
19.2 In such circumstances the Client shall remain liable for all costs incurred up to the date of suspension or termination.
20. Debt Recovery and Collection Costs
20.1 In addition to any interest recoverable under the Late Payment of Commercial Debts (Interest) Act 1998, the Company reserves the right to recover all reasonable costs incurred in collecting overdue debts.
20.2 Such costs may include legal fees, debt recovery fees, tracing fees, court fees, enforcement costs and management time reasonably incurred in pursuing payment.
21. Communication and Authority
21.1 The Company shall be entitled to rely upon instructions, approvals or directions received from any person reasonably believed to be acting on behalf of the Client.
21.2 The Client shall remain responsible for any costs arising from instructions, cancellations or changes requested by its employees, facilities managers, agents, contractors or representatives.
