Terms and Conditions

 

By accepting and confirming commencement dates for works described in any quotation provided for by AJW Plastering, the client is therefore agreeing to full terms and conditions as set out below - 

 

Booking/Stage Payment Agreement

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There are two payments involved; one is a 30% booking deposit. The booking deposit is taken at the point of booking and is used to purchase items needed in order to undertake the agreed works, as well as security for both parties to guarantee agreed dates when booking. The second payment makes up the remaining total owed after the 30% booking deposit has been paid, this is due upon completion of the project, unless otherwise agreed with the client or a pre-arranged payment plan is agreed prior to the commencement date, such as being paid on a weekly basis.​

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Payment

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The undersigned client agrees to remit full payment to the contractor within 24 hours of project completion. Failure to make payment within this specified period will result in the assessment of late fees as permitted by UK law, calculated at £10 per day inclusive of VAT. Furthermore, the contractor reserves the right to withhold any documentation, warranties, or guarantees until payment is received in full. Non-payment beyond 7 days after completion of work may result in the contractor pursuing legal action to recover the outstanding amount, and the customer's credit rating may be adversely affected."

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Payment Methods: 

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The undersigned client agrees to make payments to the contractor using one or more of the following accepted payment methods:

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Bank Transfer:

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Monzo Business

AJW Plastering

Account No: 82993787

Sort Code: 04-00-03

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Credit/Debit Card:

 

All major Debit and Credit cards, including American Express. (Please note that a fee will be charged for all card payments, this currently stands at 1.69% per transaction with card reader and 2.5% if paying via payment link)

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Cash

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The contractor reserves the right to refuse or decline any payment method not mentioned above or to request an alternative method in specific circumstances. The client shall consult with the contractor regarding any alternative payment arrangements if necessary.​

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Fixed Price and Duration of Work

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The undersigned client acknowledges and agrees that the contractor is compensated on a fixed-price basis. It is expressly understood that the cost of the project shall not be adjusted based on the duration of work, regardless of the time taken to complete the project. The client further acknowledges that factors such as overheads, insurance, running costs, and expertise contribute to the contractor's pricing and are not solely based on the time spent on the job.  Therefore, any attempts by the client to request a discount or adjustment based on the duration of work shall be deemed invalid and dismissed.

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Ownership and consent

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The undersigned client hereby confirms and represents that they are the legal owner of the property and that they have the necessary rights and authority to enter into this Agreement. The Client further gives full consent and agreement for the Contractor to carry out the works as described in Sections A and B of this Agreement. The Client understands and agrees that it is their responsibility to secure any permissions, permits, or other forms of authorisation that may be necessary for the execution of the work.

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Additional Work Requested by Client

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The undersigned client acknowledges and agrees that any work beyond the scope of the original quotation or contract shall be considered additional work and will incur separate costs. The contractor guarantees transparency in pricing, with no hidden charges. Any additional expenses shall only result from client-requested extra work, which will be agreed upon in writing before its initiation. Before commencing any additional work, the client and contractor shall discuss and agree upon the nature of the work, the associated costs, and any potential impact on the project timeline.

The client acknowledges that the contractor's quotation is based on the specified scope of work and any deviation from that scope may result in adjustments to the overall cost and timeline. The client agrees to compensate the contractor for any additional work performed as per the agreed-upon terms.

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Additional Work requested by the contractor

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In certain circumstances, the contractor may identify the need for additional work beyond the original scope of the quotation or contract. This additional work shall be considered separate and will incur additional costs. Before commencing such work, the client and contractor shall mutually agree upon the nature of the work and the associated costs in writing. The client acknowledges that any contractor-requested additional work may result in adjustments to the overall project cost and timeline.

The client agrees to compensate the contractor for the additional work as per the agreed-upon terms. Both parties shall document and sign a written agreement outlining the details of the additional work and the agreed-upon terms

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Communication and Payment

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The client understands that timely communication is essential to maintain a good business relationship. Ignoring or failing to respond to correspondence regarding payment may result in delays, penalties, and additional costs.

The client acknowledges that any such delays caused by their non-compliance may impact the project timeline, delivery of materials, or provision of services. If the client fails to respond to legitimate and reasonable attempts made by the contractor to contact them regarding payment obligations, such non-responsiveness shall be considered a breach of this agreement. The contractor reserves the right to take appropriate action to enforce payment, including but not limited to pursuing legal remedies, engaging a debt collection agency, or reporting the outstanding amount to credit reference agencies.

It is the client's responsibility to ensure that the contact information provided to the contractor is accurate and up to date. Any changes in contact details should be promptly communicated to the contractor to avoid any potential miscommunication or delays.

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Contractor's Working Hours and Availability​

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Working Hours: Monday to Friday/ 8:00am until 6:00pm

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The client acknowledges and agrees to respect the contractor's designated working hours and days.  The contractor shall make all reasonable efforts to respond to client inquiries and communications within their working hours and availability. The client understands that contacting the contractor outside of the specified working hours or on non-working days may result in delayed response times.  The contractor shall not be held liable for any delays or missed communications that occur during these times. To ensure effective communication, the client is encouraged to contact the contractor during their designated working hours.​

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Working Hours and Completion Time:

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The Client acknowledges and understands that the Contractor's working hours are not limited to specific timeframes. The Contractor may need to leave the site at any time for business or personal reasons, without affecting the terms of the contract. The pricing and compensation structure of the contract is not based on hourly rates or the duration of the project. Therefore, there will be no reduction in price if the job extends beyond the agreed time frame. Similarly, there will be no price reduction for early completion if the project progresses more smoothly than anticipated. The Client acknowledges that the agreed-upon price reflects the overall scope of work and the Contractor's expertise, regardless of the time taken to complete the project. Any adjustments or changes to the agreed-upon price will be made only if there are significant changes in the scope of work mutually agreed upon by both parties. It is essential to note that the Contractor's ability to meet the agreed- upon completion date may be influenced by various factors, such as weather conditions, unforeseen circumstances, or material availability. The Client understands and accepts that reasonable delays may occur, and the Contractor will make every effort to minimise any disruptions and complete the project within a reasonable timeframe.

 

Right to Postpone Services

 

Adjustment of Fees and Schedules:

 

In the event of a postponement due to inadequate preparation of the premises, the Client may be subject to additional fees to cover any resultant costs incurred by the Contractor, including but not limited to rescheduling and lost opportunity costs. Additionally, the Contractor will provide a new proposed schedule for the completion of the services.

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Liability for Damages:

 

The Client acknowledges that failure to clear the premises as required under this clause may increase the risk of damage to the property, including items not removed. The Client agrees to hold the Contractor harmless for any such damages that occur due to the Client’s failure to comply with the Preparation Requirement

 

Vibration and Impact Awareness

 

The Client acknowledges that areas, where plaster has been applied, may be subject to vibrations or impacts from external sources, such as the operation of heavy machinery or the frequent slamming of doors and windows. These external forces can contribute to the formation of cracks in the plaster over time.

 

Contractor's Limitation of Liability:

 

The Contractor will employ standard industry practices to mitigate the risk of cracking due to vibrations and impacts during the plaster application process. However, the Contractor shall not be held liable for cracks that develop in the plaster after the completion of the work due to subsequent vibrations or impacts caused by the Client’s activities or third-party actions.

 

Client's Responsibilities:

 

It is the responsibility of the Client to manage and minimise activities that generate excessive vibrations or impacts near the plastered areas. Should the Client anticipate significant vibration or impact activities, they must inform the Contractor prior to the commencement of plastering work. The Client agrees to take necessary precautions to reduce such vibrations and impacts, including the proper installation and use of damping mechanisms or modifying the operation of heavy machinery and door/window usage to prevent abrupt closures.

 

Monitoring and Maintenance:

 

The Client is advised to regularly monitor the condition of the plastered areas for signs of cracking. Early detection of issues allows for timely remedial measures, potentially preventing more extensive damage. Should significant cracking occur that is attributable to failure to mitigate known sources of vibration or impact, remedial work may be performed by the Contractor at an additional cost to the Client, subject to a separate agreement.

 

Preventative Measures: The Contractor commits to applying tape or expanding metal lath (EML) to overall visible cracks before commencing the agreed-upon works. This procedure is intended to mitigate the risk of further cracking.

 

Limitation of Liability: The Contractor shall not be liable for the appearance of any new cracks if such cracking is attributable to structural movements that are beyond the Contractor's control. The application of tape or EML is a preventive measure and does not guarantee the elimination of cracking caused by structural issues.

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Client Communication for Defects

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To ensure prompt resolution of any outstanding defects, the Client is required to communicate any issues or areas that require attention within 8 weeks of the completion of the job. It is crucial that the Client carefully inspects the completed work within this timeframe and notifies us of any specific concerns or items that require rectification. This allows us to address such matters in a timely manner and provide the highest level of customer satisfaction.  Any Remedial works required after the 8 week window has expired will be performed by the Contractor at an additional cost to the Client, subject to a separate agreement.

 

Exclusion of Liability for Pre-existing Conditions

 

The Contractor will ensure proper adhesion of the plaster to the underlying surfaces. Notwithstanding this, the Contractor is not responsible for cracking that occurs as a result of the original backing or plaster detaching, provided that the newly applied plaster remains intact and adhered. This exclusion acknowledges that some underlying materials may inherently be prone to failure and are beyond the Contractor's ability to foresee or prevent.

 

Here are a few examples:

 

Delamination – This refers to the separation of a material into layers, often a failure mode in laminated composites or other multi-layered structures, caused by stress or adhesive failure. Although rare, an artex ceiling can sometimes fail due to Delamination after overskimming which can cause the ceiling to collapse. This risk will be discussed during the client's quotation and advice on overboarding will be suggested as a lower risk alternative.

 

Distemper and Chalk Based Paints – Although uncommon, Distemper can be quite tricky to spot. It isn’t visible and will only react upon application of bonding and plastering. It will bubble and if left untreated can possibly cause the plaster to fall away, blow or crack. This also applies to chalk based paints on walls or ceilings.

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The Contractor can not be held responsible for any repairs due to damage via natural causes such as storms, rain, wind or tornados/hurricanes.

 

Client Acknowledgement:

 

The Client acknowledges that while the Contractor will take all appropriate and industry-standard measures to prepare and apply materials, some risks of cracking are inherent due to the nature of the materials and existing structural conditions. The Client agrees that the Contractor's obligations are limited to the application of preventive measures as described and do not extend to underlying structural or material defects.

 

Deelamination - The contractor can not be held responsible if the client decides to book overskimming instead of overboarding due to the risks associated with it and the advice given.

 

Distemper and Chalk Based Paints - It is the client's responsibility to inform the contractor of any known distemper or chalk based paints on walls or ceilings before work is due to commence to allow for proper preparation of the areas affected.​

 

Property Access and Potential Delays

 

It is the client's responsibility to ensure that such access is readily available. The client shall make reasonable efforts to provide unrestricted access to the property during the agreed-upon working hours. This includes removing any obstacles or restrictions that may impede the contractor's progress. If access to the property is delayed, obstructed, or denied, resulting in a delay or interruption to the work, the contractor reserves the right to charge a fee at their discretion. The fee amount shall be determined by the contractor, taking into account the extent of the delay and the impact on the overall project timeline. The client understands that the fee is intended to compensate the contractor for any additional costs, rescheduling, or inconvenience caused by the lack of access to the property. The client shall promptly pay the fee as invoiced by the contractor. The client should notify the contractor in advance of any anticipated limitations or restrictions on access, such as scheduled events, restricted hours, or shared spaces. This allows the contractor to plan accordingly and minimise any potential disruption to the work. Please note that the contractor's right to charge a fee is subject to the contractor's reasonable judgment and will be exercised in good faith. The contractor shall communicate any access-related concerns or fees to the client in a timely and transparent manner. Fee for Access-related Delays: £30 per hour.

 

Assessment of Third-Party Workmanship:

 

Prior to the initiation of plaster application, the Contractor shall conduct a thorough inspection of all boarding and joinery work that has been installed by third-party entities. This inspection is critical to ensure that such work strictly adheres to the requisite building standards. Should the inspection reveal that the boarding or joinery is deficient in quality or fails to comply with the established building standards, the Contractor reserves the unequivocal right to withhold plaster application services. This measure is to maintain the integrity of the work and uphold industry standards.

 

Liability for Cracking Due to Third-Party Work:

 

The Contractor expressly disclaims any responsibility for cracking or structural deficiencies that may manifest in the plaster, should these issues stem from inadequate or inferior plaster boarding undertaken by a third party. It is the underlying assumption of this agreement that all engineering and architectural plans furnished to the Contractor, and subsequently executed by third parties, conform to and meet all requisite standards for quality and safety. The Contractor relies on the assumption that these standards are met when conducting their own work.

 

Refusal to Perform Work and Additional Charges:

 

If upon inspection, the Contractor determines that the third party-installed boarding or joinery is unsuitable for plastering, the Contractor may refuse to commence or continue plastering. In such instances where work is halted or rearranged due to this discovery, the Client will incur a charge for the wasted time of the Contractor. The standard fee for this inconvenience will be £240.

 

Client Responsibilities:

 

The Client is responsible for ensuring that all third-party work related to boarding and joinery adheres to the applicable building standards before contracting the plastering work. The Client must facilitate any necessary corrections or improvements at their own expense to meet the required standards before plastering can proceed.

 

Notification and Resolution:

 

Should the Contractor refuse to perform work due to poor third-party workmanship, the Contractor must promptly notify the Client, detailing the specific deficiencies and recommending necessary corrections. Any additional work undertaken by the Contractor to rectify these deficiencies will be subject to further agreement and compensation.

 

Cancellation Policy and handling fees

 

48-Hour Cooling-Off Period for the Deposit Payment:

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The client is entitled to a 48-hour cooling-off period for the deposit payment from the date of signing this agreement and paying the deposit. Within this period, the deposit will be fully reimbursed. Once the cooling off period expires, the booking deposit becomes nonrefundable, except under circumstances in which the Contractor is unable to carry out agreed works or is unable to honour the agreed start date within a period of 72 hours, giving the client the option to cancel. In the unlikely event that the Contractor ceases to trade/go out of business, the Clients deposit/any money owed will be paid in full.

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14 Day Contract Cancellation and Payment for Completed Works

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Once the deposit has been paid and the 48-hour deposit cooling off period has expired, the client then has a period of up to 14 days to notify the Contractor of any cancellation or rescheduling of the contracted work. If the client decides to cancel the contract within the 14-day period, the client acknowledges and agrees to pay for any completed works performed by the contractor up until the date of cancellation. The payment shall be made promptly as invoiced by the contractor. The client understands that this provision ensures fair compensation for the contractor's time, labour, and materials expended on the project up until the point of cancellation, as well as any associated costs or commitments made by the contractor. Failure to provide the required notice may result in charges as outlined below.

 

Cancellation Charges:

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If the client cancels or reschedules the work without providing the required notice, the contractor reserves the right to charge a cancellation fee. The amount of the cancellation fee shall be determined by the contractor, taking into account factors such as project size, materials purchased, and potential loss of work for the contractor.

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Handling Fees:

 

If a cancellation occurs, it is crucial for the client to be aware that the contractor may already have incurred certain costs, such as purchasing supplies or implementing arrangements for equipment.

 

Material Returns:

 

If materials have been purchased specifically for the client's project and the cancellation occurs after the materials have been ordered or delivered, the client may be responsible for the cost of returning these materials to the supplier.

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Non-Refundable:

 

In the event that the customer cancels the agreed-upon work after the contract has already procured and hired plant equipment specifically for the project, the customer shall be responsible for covering any applicable costs and fees associated with the cancellation. This includes but is not limited to the reimbursement of expenses incurred for the hiring of plant equipment. The contractor shall provide an itemised breakdown of these costs, and the customer agrees to promptly pay any outstanding refunds as outlined in the contract.​​

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Health and Safety Compliance

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The contractor commits to fully comply with CDM regulations and applicable health and safety laws.  All work performed under this agreement will adhere to the principles of CDM regulations, ensuring the safety and well-being of workers and others involved. The contractor will assess risks, provide trained personnel, maintain a safe environment, and collaborate with other duty holders."

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Trade Waste Disposal:

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Due to new government legislation on trade waste, it is the Clients responsibility to dispose of any unused materials at the end of completed works, therefore any trade waste will be bagged up and left in a convenient location for the Client to dispose of.

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Client Cooperation:

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Maintaining Professional Distance and Progress. To ensure the safety of the public and promote efficient progress, the contractor kindly requests that clients maintain a professional distance from the work area. This includes refraining from entering restricted zones and interfering with ongoing work. By adhering to this guideline, we can uphold health and safety standards, minimise disruptions, and facilitate the progression of the project. Your cooperation in respecting these boundaries is greatly appreciated."

 

Notification of Start Times and Consideration for Noise:

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The contractor would like to inform the client that due to the nature of the work; it may involve certain levels of noise during the process. In consideration of a harmonious working environment and to avoid any misunderstandings, the contractor kindly requests the client to inform all household members and neighbours (if applicable) of the planned start date. The Client's Compliance Will Avoid any unexpected disruptions or disagreements once the work commences. Your understanding and cooperation in proactively informing those involved will contribute to a respectful working relationship throughout the project.

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Third-Party Damage Exclusion

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The contractor expressly disclaims liability for any damages caused by the actions or negligence of third-party entities, the client understands and agrees that any grievances concerning such damage should be addressed directly to the responsible third-party entity.

While we endeavour to engage reputable and reliable third-party entities, we cannot assume responsibility for their actions or any resulting damages.

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Insurance claims

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The Client acknowledges and understands that the Contractor's scope of services is limited to the provision of services as outlined in this Agreement. It is important to note that the Contractor does not engage in processing, negotiating, or settling insurance claims.

The Client assumes full responsibility for the timely payment of all amounts due under this Agreement, irrespective of any insurance claim the Client may have pertaining to the work performed. Payments must be made directly by the Client and not through any third parties, including insurance companies.

The Contractor shall not engage in communication or coordination with insurance companies on behalf of the Client, nor shall the Contractor accept direct payments from insurance companies. The Client bears the responsibility of managing all communications, claims, and payments with their insurance provider.​​

 

Preparation of Premises

 

Client Responsibilities: Prior to the commencement of any plastering services, the Client shall ensure that all rooms where work is to be performed are entirely clear of beds, furniture, and all other moveable items ("Preparation Requirement"). This responsibility includes the removal of all personal effects, electronic devices, and any other objects that may interfere with the accessibility and safety of the working area.

 

Liability for Uncleared Site

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The Client acknowledges and agrees that if the designated work area is not cleared as specified in the Site Preparation Clause, the contractor shall not be held liable for any damages that may occur during the moving of furniture or any related activities. It is the Client's responsibility to ensure that the work area is free of obstacles and potential hazards and to take appropriate measures to protect any items that cannot be removed. The Client releases the Company from any liability arising from damages to furniture, equipment, personal items, or the premises resulting from the failure to clear the work area in accordance with the obligations outlined in the Site Preparation Clause.

 

Right to Decline Moving Heavy or Oversized Items:

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We reserve the right to decline the movement of particularly heavy or oversized items if they pose a higher-than-accepted health and safety risk.

The safety and well-being of our team members and the preservation of the working environment are of paramount importance. In situations where the movement of exceptionally heavy or oversized items presents a significant risk to health and safety, we may exercise our discretion to refuse their handling or transportation.

We will assess each situation on a case-by-case basis, taking into consideration factors such as the weight, size, accessibility, and potential hazards associated with the items in question. Our decision to decline the movement of such items is intended to ensure the safety of all parties involved. We encourage open communication with the Client regarding any concerns or alternative arrangements that can be made to accommodate the safe and efficient completion of the project.

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Safeguarding Fragile Items in the Work Area: Request for Clearance

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To ensure the upmost protection and safety of delicate items in the vicinity, we kindly request that all fragile objects be removed from the designated work area before the commencement of the project. This precautionary measure ensures the preservation of these items and facilitates unobstructed access to ongoing activities, promoting a safe and efficient work environment. Your cooperation in relocating these items is highly appreciated as it contributes to creating a secure and efficient work environment.

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Safety Protocol for Children and Pets

 

The Contractor underscores the necessity of upholding a secure working environment throughout the delivery of contracted services. Accordingly, Clients are strongly advised to ensure that children and pets are kept at a safe distance from the work area for the duration of the Contractor's visit. This precaution aids in averting potential injuries or disturbances, thereby facilitating the efficient and safe execution of services. Clients bear the responsibility for implementing appropriate supervision or containment measures to safeguard the welfare of their children and pets during these periods.

 

Dispute Resolution and Contract Cancellation

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In the event of any disputes or concerns, the Client and Contractor agree to follow the following procedures:

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Informal Resolution: The Client will promptly notify the Contractor in writing within 8 weeks of any dissatisfaction with the work. The Contractor will make reasonable efforts to address and rectify the issue within a reasonable period.

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Mediation: If an informal resolution is not successful, both parties agree to pursue mediation with a neutral third-party mediator.

 

Contract Cancellation: If the Client remains dissatisfied after attempts to resolve the issue, they may choose to cancel the contract by providing written notice to the Contractor. However, the Client acknowledges and agrees to compensate the Contractor for any completed work and expenses incurred up to the date of cancellation. The client agrees to provide the Contractor with a reasonable opportunity to rectify unsatisfactory work before canceling the contract.

Both parties commit to acting in good faith throughout the resolution process, and this clause does not prevent either party from seeking legal remedies if necessary.

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Legal Fees, Costs, and Collection Expenses:

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If legal action is necessary to enforce any provision of this agreement or to recover any outstanding payments, the prevailing party shall be entitled to recover reasonable solicitor's fees, court costs, and any other expenses incurred in connection with such legal action. The prevailing party shall also be entitled to recover any collection agency fees or costs associated with the collection of outstanding amounts owed under this agreement."