Terms and Conditions – Old Home Interiors
My Obligations
I shall carry out my services in a professional manner and shall exercise reasonable care and competence.
I will put everything in writing or email. (All communications including site meetings, charges + expenses, contracts with me, changes, unforeseen expenses, deliveries)
When required, I will be responsible for organizing third party companies, firms or individuals to undertake certain work for you, such as decorating, building work, carpet laying, soft furnishing making, upholstery and restorations and such other work confirmed by me.
Design: There is no charge for the initial meeting which will be up to one hour. This meeting will establish what you require, how I can help and work to your budget. If you wish to proceed, I will send a letter of agreement which will describe services, payments and timing of payments and will include a copy of the Terms and Conditions. You will sign both copies which you will be return to me. This will form the contract.
Your Obligations
You shall ensure that the property is accessible to me and any third party that you have asked me to manage. (professionals/contractors/suppliers/individuals)
You will ensure that utilities (gas, electricity, water) are available at the property throughout the works and at no cost to me.
You will respond in writing or email to all communications I send to you in connection to the job.
Payments
Payments to be made by bank transfer or cheque made payable to E J Way. All payments are due within 7 days from the date of invoice. For large projects a deposit of 25% of the quote will be payable on signing the contract. Subsequent payments will be settled on the dates of the agreed time schedule. Any and all changes to the agreed design will be charged for at my hourly rate.
Note: costs described are exclusive of all expenses.
Compound interest at the rate of 5% per month shall be payable on all accounts not settled by their due date. The interest will be added monthly thereafter from the due date until settlement is received.
You are responsible for all financial settlements to all third parties which will be paid directly to them.
VAT
I do not charge VAT.
All goods purchased on your behalf at auction or through suppliers are subject to VAT
Auction:
The search fee will include images and condition reports on items. You will be required to register with the auction house and should you be successful, you will make any or all financial settlements to them directly under their Terms of Business.
If I am Bidding on your behalf, the maximum budget will be agreed in writing prior to the auction . (allowing for auctioneers’ buying commission & VAT). If I am required to pay for items on your behalf you will inform the auctioneer of this and make funds available to me prior to the auction by bank transfer or cash. I will provide receipts and any remaining funds will be returned to you by the same method.
If you are not successful my search fee and expenses are non-refundable.
If required I will arrange for delivery of the item/s bought at auction. The contract will be between you and the delivery company and you will make all financial settlements to them.
Buying on your behalf from shops/internet
Budget to be agreed in writing prior to purchase. Funds will be made available to me by bank transfer or cash. I will provide receipts and return any funds remaining by same method.
Third Parties
You will form a direct contractual relationship with any and all third party contractors and/or suppliers/shops/auction houses. You will be responsible for managing these relationships and any financial settlements direct with them under their Terms of Business.
If requested I may co-ordinate the services with third parties but you will remain ultimately responsible for the contractual relationship with the third party.
I am not responsible for forming any contractual relationship on your behalf.
Liability
I accept no liability for any loss, damage, costs, expenses or other claims or compensation arising from any information or instructions supplied by you which is or are incomplete, incorrect or inaccurate.
I shall not be liable for any unforeseeable loss or damages arising from the provision (or non-provision) of the services, including loss of profit or consequential loss or damage)
I accept no liability for any loss, damage, costs, expenses or other claims for compensation arising from any third party works.
I shall not be liable for any failure to perform my duties under this contract due to circumstances beyond my control, including without limitation flood, fire or other adverse weather conditions.
To enable me to deal with any complaint that may arise relating to my services, you must provide full details of any complaint within 7 days of the supply.
Nothing in these terms and conditions affects any liability or death or personal injury caused by negligence or for the fraudulent mis-representation , or your statutory rights as a consumer.
Termination
You have the right to cancel this contract at any time up to the end of seven working days after the day on which this contract is concluded, subject to the following provisions:-
- You do not have the right to cancel my contract if work is commenced before the end of the seven day working day cancellation period.
- To exercise the right of cancellation set out in clause 1, you must give written notice to me by hand or post (not email) at my address.
- Following the seven day period set out in clause 1, you may terminate our contract at any time by giving one month’s written notice. Upon termination pursuant to this clause, you will be liable to pay for all time and work incurred provided to the date of termination (including but not limited to services already performed, goods and materials supplied or ordered on your behalf, any services that may incur cancellation fees and any travel or other expenses incurred by me).
- Termination of my contract will not affect either party’s rights or duties, including my right to recover any money owing.
Third Party Rights
Nothing in this contract gives any right to any third party to enforce any provision under the Contracts (Rights if Third Parties) Act 1999 or otherwise
Jurisdiction
Any dispute rising from the agreement will be governed by the Laws of England and Wales and any action resulting shall take place in the Courts of England and Wales
Please Note
I do not advise on lighting design, fitted bathroom and fitted kitchen design but If required I will source contractors who will form a direct contractual relationship with.