Decorative Plaster Specialists

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Terms & Conditions

These Conditions shall apply to and be incorporated into the agreement between Plaster by Design and You and prevail over any inconsistent terms or conditions contained in any document supplied by You, implied by law, trade custom, practice or course of dealing.

Services to be provided: The Services provided by Plaster by Design will be limited to those set out above and in accordance with these Terms and Conditions. Your continuing instructions in the matter will amount to acceptance of these Terms and Conditions. This does not preclude Plaster by Design from altering the scope of the Services as the matter proceeds. These Terms and Conditions will apply equally to any additional work carried out on your instructions.

Plaster by Design’s Obligations: Plaster by Design shall use reasonable endeavours to provide the Services as described on page one of these Terms and Conditions and use reasonable endeavours to meet any performance dates specified, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services. Plaster by Design shall use reasonable endeavours to observe all health and safety rules and regulations, and any other reasonable security requirements that apply at any of Your premises and that have been communicated to it provided that it shall not be liable, as a result of such observation, it is in breach of any of its obligations here under.
Your obligations: You shall co-operate with Plaster by Design in all matters relating to the Services; provide Plaster by Design in a timely manner and at no charge, with access to Your premises and other facilities as reasonably required by Plaster by Design; provide to Plaster by Design, in a timely manner, measurements of the areas to be plastered, colour and finish required and other information as Plaster by Design may reasonably require and ensure that it is accurate in all material respects. You will inform Plaster by Design of all health and safety rules and regulations and any other reasonable security requirements that apply at any of Your premises.
Deposits: Payment of the deposit must be made in full by the Deposit Date before Plaster by Design provides any of the Services.

Expenses: Charged at cost at the then current rates where applicable.

Samples: All samples to be charged at [£] unless otherwise agreed by Plaster by Design

Payment: Payment of all fees shall be made within 14 days of the invoice date unless otherwise agreed, without set off or deduction. Plaster by Design reserves the right to charge interest at the rate of 2% per month on any sum owing under the Terms and Conditions and not paid by its due date.

Interim Billing: Where the provision of Services extends over a period exceeding one calendar month Plaster by Design will invoice on a monthly basis.

Credit checks and References: By accepting these Terms and Conditions You give Plaster by Design express permission to carry out credit reference checks on You. Plaster by Design shall be entitled to ask for references before agreeing a contract to supply Services to You.
Confidentiality: Both parties agree to keep in strict confidence all technical or commercial know-how, specifications, processes or initiatives which are of a confidential nature and have been disclosed to the parties as necessary for the provision of Services; and any other confidential information concerning the parties’ businesses or its products which they may obtain.

Waiver: A waiver of any right of Plaster by Design is only effective if it is in writing. A failure or delay by Plaster by Design in exercising a right or remedy shall not constitute a waiver.

Assignment: You shall not, without the prior written consent of Plaster by Design, assign or transfer any of Your rights or obligations under these Terms and Conditions. Plaster by Design may assign or transfer its rights under these Terms and Conditions and may subcontract any of its obligations to a third party.

No Partnership: These Terms and Conditions shall not constitute a partnership or joint venture of any kind between the parties.

Third Parties: A person who is not a party to these Terms and Conditions shall not have any rights under or in connection with these.

Law: These Terms and Conditions shall be governed by, and construed in accordance with, the law of England and Wales and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction.

Whole Agreement: These Terms and Conditions together constitute the whole agreement and supersede all prior arrangement, understanding or agreement relating to their subject matter between the parties.

Breach by employees: These Terms and Conditions apply to both You and Your employees, agents or suppliers. Breach by any of those said persons of these Terms and Conditions shall constitute a breach by You.

Mediation: If any dispute arises in connection with this agreement, the parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR.
Termination: Without prejudice to any other rights or remedies which the parties may have Plaster by Design may terminate immediately on giving notice to You if You fail to pay any amount due under the agreement on the due date for payment and remain in default not less than seven days after being notified in writing to make such payment; or You repeatedly breach any of the terms of these Terms and Conditions.
Limitation of Liability: to the fullest extent permitted by law Plaster by Design hereby disclaims any liability whatsoever under these Terms and Conditions however arising.