Terms & Conditions
Our 2-Year Warranty
Relationship between the Parties
1.1. The Customer engages DECKED to provide the services specified in these terms and conditions and attached schedules. 1.2. No term of this agreement or course of dealings between the parties shall operate to make DECKED an employee or agent of the Customer.
1.3. Neither party shall assign or transfer any of their rights, liabilities or obligations arising under this agreement without the prior written consent of the other party.
The Estimate
2.1. DECKED shall provide to the Customer a proposal for the services to be provided (“the Estimate”) which shall set out:
a) The services which DECKED will undertake for the Customer.
b) The date or time period within which the service will be performed.
c) The prices which the Customer shall be charged for the performance of the services including: i. Any fees which DECKED shall charge.
ii. Any disbursements or expenses which DECKED will require the Customer to meet (including but not limited to the prices of materials).
iii. Any VAT or tax element which will be payable by the Customer.
3.1. The Estimate shall be attached to these terms and conditions as a schedule and where a contract is entered into between DECKED and the Customer, the Customer will be deemed to have accepted the content of the Estimate in full.
The Services and the Time and Manner of their Delivery 4.1. DECKED will provide such services to the Customer as are set out in the Estimate 4.2 The services will be provided to the Customer within the timeframe specified in the Estimate.
4.3. Time frames and dates of delivery are provided for guidance only and DECKED makes no guarantee that the services will be performed within the specified period. For the purposes of this agreement, time shall not be of the essence and DECKED shall not be liable for any loss or damage suffered by the Customer as a result of the delivery of services being delayed or postponed for any reason.
Payments
5.1. The contract price is set out in the Estimate, which includes details of the charges which DECKED will make for labour, materials and plant as well as any taxes or additional costs or expenses or disbursements which DECKED may charge to the Customer.
5.2. The intervals at which DECKED may invoice the Customer in respect of the whole or an instalment of the contract price are set out in the Estimate.
5.3. Notwithstanding 5.1 and 5.2 above, DECKED may vary the contract price from the amount set out in the Estimate where it has provided services which are different or in addition to those set out in the Estimate either at the specific request of the Customer or because he has been required to complete additional work which was not anticipated at the time the Estimate was made, or because of market fluctuations in the price of materials.
5.4. The Customer agrees:
a) Not to withhold any sums due to DECKED.
b) To settle all invoices raised by DECKED within 7 days.
c) To pay to DECKED interest at a rate of 5 percentage points per annum above the Bank of England base rate on any payments which are not settled in accordance with section 5.4(b).
d) To pay to DECKED such costs and expenses as he may incur in recovering payment from the Customer where the Customer fails to make payment in accordance with these terms and conditions.
Cancellation
6.1. In accordance with the Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc. Regulations (2008) the Customer may cancel this contract within 7 calendar days of agreeing to the Estimate (or within whatever extended period DECKED may specify in the Estimate) and shall be entitled to a full refund of any monies paid to DECKED, less an amount representing any reasonable administration costs which DECKED has incurred. Any cancellation outside this period will not entitle the Customer to a refund of any monies paid.
Customer’s Obligations
7.1. The Customer shall be responsible for the correctness of all measurements for products or materials which he gives to DECKED. Where these measurements are not correct and accordingly materials or products which are ordered or provided by DECKED are the wrong size, the Customer shall bear the expense of rectifying this.
7.2. The Customer shall co-operate with DECKED as may be necessary to facilitate this agreement, including but not limited to: a) Permitting DECKED access to the property or location in which the services are to be supplied (“the Site”) and assuring that such access is appropriate and adequate. b) Providing for DECKED such facilities as may be necessary in order to allow him to complete the services. c) Following DECKED reasonable Instructions relating to safety and the state of work which has recently been completed by DECKED or is in the process of being completed or to the state of the Site in general, including directions and restrictions on appropriate usage, care and maintenance.
7.3. Unless the Estimate specifies otherwise, the Customer will be responsible for any cleaning and redecorating which is necessary to the Site after DECKED has completed the agreed services (with the exception of the removal of waste materials or building rubble, which shall be the responsibility of DECKED as set out in 8.4, below). 7.4. Where DECKED stores or keeps any materials or equipment on Site, the Customer shall be responsible for the security and safety of such and shall account to DECKED for any loss or damage.
7.5. The Customer shall be responsible for any permissions, licences or consents which are necessary in order for the services to be provided. The Customer warrants that he has applied for and obtained all such necessary permissions, licence or consents prior to contracting DECKED.
Supplier’s Obligations
8.1. DECKED shall perform all duties, services and obligations under this contract with reasonable care and skill and to a reasonable standard. DECKED will comply with all relevant codes of practice and statutory or regulatory requirements.
8.2. DECKED shall take all reasonable care with the Customer’s property, including taking reasonable steps to protect the Customer’s furnishings, fittings, wall, ceiling and floor coverings during the provision of the services. 8.4. DECKED shall be responsible for managing and arranging the safe and lawful disposal of any waste materials which are generated or removed from the Customer’s property as a result of the provision of the services.
8.3. DECKED shall at all times hold valid employer and public liability insurance policies.
Property Rights and Assumption of Risk
9.1. Any property rights, title or ownership in any property or materials which are used by DECKED in providing or delivering the service shall remain with DECKED until the Customer has made payment in full in accordance with these Terms and Conditions.
9.2. Risk in and responsibility for any products or materials which are used in the supply, performance or delivery of the services shall pass from DECKED to the consumer: a) Where DECKED is responsible for delivering the products or materials to the Customer, upon delivery; or b) Where DECKED is not responsible for delivery, at the moment the products or materials leave the supplier’s storage premises.
The Warranty
10.1. DECKED provides to the Customer, in addition to any statutory rights which the Customer may have, a guarantee that the services provided under this contract shall be free from defective or flawed materials or workmanship for a period of 2 years from the completion of the services, notwithstanding that this guarantee shall not apply to:
a) Defects or flaws which are as a result of any misuse, failure to adequately and properly maintain, neglect or failure to follow Instructions or recommendations on the part of the Customer. b) Any defect or flaw which is caused by mechanical or chemical damage (which is not in itself a result of some defect in the workmanship or materials) and which arises after risk in the property has passed to the Customer.
10.2. DECKED shall, at its sole discretion, determine the manner in which he will satisfy this guarantee, whether by repairing, re-performing or replacing the services or by refunding to the Customer all or part of the monies which have been paid. 10.3. Where the Customer considers that the services are defective upon delivery or performance then he shall notify DECKED of this within 30 days, failing which he shall not be entitled to claim the benefit of this guarantee.
10.4. This guarantee shall not become effective until the Customer has paid DECKED in full, failing which the Customer shall not be entitled to claim the benefit of this guarantee.
Termination
11.1. This agreement shall continue until the services (or any mutually agreed addition, extension or variation thereof) have been provided, or until terminated in accordance with the below.
11.2. Without prejudice to the above the employment of DECKED under this Agreement may be terminated immediately where any of the following circumstances arise: a) Either party commits a serious breach or persistent breaches of this agreement including but not limited to the non- performance, neglect or default of any of his duties as outlined herein (including a failure on the part of the Customer to make payment within agreed timescales) and after notice of this breach has been given to the defaulting party it remains unremedied and unrectified 7 days after such notice. b) Either party commits a breach of this agreement which cannot be remedied.
c) Either party becomes insolvent or enters into a CVA or IVA or ceases to carry on the whole or substantially the whole of its business. 11.3. Upon termination of the employment of DECKED under this agreement the Customer shall pay to DECKED such sums as may represent work done and expenses incurred up to and including the date of the termination.
11.4. Any right to terminate the employment of DECKED under this agreement shall be without prejudice to any accrued rights or liabilities arising out of this agreement which are in existence at the date of termination.
Disclaimers and Exclusions
12.1. DECKED shall not be responsible in any circumstances to the Customer or any third party for any loss of profit or indirect or consequential economic damage or loss, howsoever caused, whether as a result of negligence, misrepresentation, breach of contract or otherwise.
12.2. Nothing in the foregoing shall be read as restricting or limiting in any way DECKED.’s liability for death or personal injury.
Indemnity 13.1 The Customer shall indemnify DECKED against any loss or damage which results from the Customer’s breach of this agreement or failure to abide by any of its terms.
Force Majeure 14.1 Neither party shall be liable for any delay or failure in performing its obligations or duties under this agreement which results from circumstances outside his reasonable control including but not limited to acts of God, industrial action, war, fire, threat of terrorism, civil disturbance or rioting, government or regulatory action, breakdown in plant or machinery or shortage of raw materials or supplies.
Warranty of Contractual Capacity 15.1 Both parties and the signatories to this agreement warrant that they are authorised and permitted to enter into this agreement, and have obtained all necessary permissions and approvals.
Whole Agreement, Governing Law, Severability and Miscellaneous Provisions 16.1. This document constitutes the entirety of the agreement between the parties. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this agreement must be made in writing and signed by both parties. 16.2. This Agreement shall be governed by the Law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
16.3. All clauses, sub clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of this Agreement be found invalid this will not affect the validity or enforceability of any other provision or of this agreement as a whole. 16.4. All terms, conditions and covenants contained in this agreement shall bind the parties and their heirs, legal representatives, successors to title and permitted assignees.
16.5. Nothing in these terms and conditions shall incur any rights on a third party and no third party may enforce any provision of this contract under the Contracts (Rights of Third Parties) Act. 16.6. The failure by either party to enforce any provision of this agreement shall not be deemed a waiver or limitation of that party’s right to subsequently compel and require strict compliance with every provision of this agreement.