The following expressions shall have the following meanings:
1.1 “RPS” means RPS Plastering Limited, a limited liability company registered in England under number 08881943 with its registered office at 310 Stafford Road, Croydon. Surrey. CR0 4NH
1.2 “Customer” means the person described/named in the Proposal;
1.3 “Proposal” means a statement of work, quotation or other similar document describing any intended Services;
1.4 “Services” means the services as described in the Proposal and includes any materials required to complete the same;
1.5 “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by RPS;
2.1 These Terms and Conditions shall apply to the supply of Services by RPS to the Customer and shall supersede any other documentation or communication between the RPS and the Customer.
2.2 Any variation to these Terms and Conditions must be agreed in writing by RPS.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the RPS may be entitled in relation to the Services by virtue of any statute, law or regulation.
3.1 Proposals remain valid for a period of 30 Days only.
3.2 A Proposal can only be accepted by the Customer in its entirety, which the Customer must do in writing by email.
4.1 Any variation to the Services must be agreed by RPS in writing.
4.2 Any drawings, descriptions or specifications contained in any advertising material issued by RPS are for the sole purpose of giving an approximate idea of what it can supply and will not form part of any agreement with the Customer unless otherwise agreed in writing by RPS.
4.3 Dates given for the delivery of Services are estimates only and not guaranteed. Time for delivery shall not be of the essence and the RPS shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery.
p5.1 The price for Services is as specified in the Proposal and is exclusive of VAT and any other charges as outlined in the Proposal.
5.2 The terms for payment are as specified in the Proposal.
5.3 The Customer must settle all payments for Services as requested by RPS.
5.4 The Customer shall pay interest on all late payments at the current base rate of Barclays Bank plc plus 8 per cent per annum (to be pro rated if applicable).
5.5 RPS is also entitled to recover all reasonable expenses incurred in obtaining payment from the Customer where any payment due to RPS is late.
5.6 The Customer is not entitled to withhold any monies due to RPS, unless not less than 7 Days from the completion of the Services, the Customer notifies RPS of any dissatisfaction with the Services and within 14 days of such notification, RPS has not rectified any defects which it was reasonable for the Customer to so notify it of. Any such notification shall include the amount intended to be withheld and such amount shall not exceed 50% of the sum next due from the Customer to RPS.
5.7 RPS is entitled to vary the price set out in the Proposal to take account of:
5.7.1 any additional Services requested by the Customer which were not included in the original Proposal; and/or
5.7.2 any additional work required to complete the Services which was not anticipated by RPS at the time of the Proposal.
6.1 The Customer shall provide access to RPS at the times specified in these Terms and Conditions and will co-operate with all reasonable requests by RPS.
6.2 The Customer shall provide electricity, water and toilet facilities to RPS for the purpose of completing the Services.
6.3 The Customer shall apply for, obtain and meet the cost of all necessary approvals and permissions and agreements (including Party Wall Act 1996 agreements or awards and any Construction (Design and Management) Regulations 2015 notifications) necessary or prudent to complete the Services prior to the commencement of the work unless otherwise provided for in the Proposal.
6.4 The Customer shall take all reasonable steps to ensure that RPS does not sustain any damage or loss to any equipment stored on site.
6.5 The Customer shall be liable for any expenses incurred by RPS as a result of the Customer’s failure to comply with the obligations in these Terms and Conditions.
6.6 The Customer shall be responsible for any redecoration required after the Services have been supplied unless otherwise provided for in the Proposal.
6.7 In areas requiring indoor work the Customer shall ensure adequate ventilation is available.
7.1 RPS shall supply the Services as specified in the Proposal.
7.2 RPS shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice.
7.3 RPS shall comply with all relevant health and safety regulations.
7.4 RPS shall hold valid employer and public liability insurance policies.
8.1 RPS guarantees that the Services will be free from defects in workmanship for a period of 12 Months from the date that the Services are supplied.
8.2 Clause 8.1 does not apply:
8.2.1 if a fault arises due to any damage not due to a defect in the Services after completion of the works;
8.2.2 if a fault arises due to willful damage, abnormal working conditions, failure to follow instructions, misuse, alteration or unauthorised repair, improper maintenance or negligence on the part of the Customer or a third party.
8.3 If the Services are found to be defective in accordance with these Terms and Conditions then RPS shall, at its sole discretion, either repair, re-perform or replace the Services or refund any monies paid for the defective Services.
8.4 If the Customer has not paid for the Services in full by the date the defect in Services (after completion) is notified to RPS then RPS has no obligation to remedy the defect in terms of this Clause 8.
9.1 The Agreement shall continue until the Services have been provided in accordance with the Proposal or until any date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
9.2 The Customer may terminate the Agreement if RPS fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 14 days after notification of non-compliance is given.
9.3 Subject only to ‘5.6’ above, RPS may terminate the Agreement if the Customer has failed to make any payment due within 7 days of the sum being requested.
9.4 In the event of termination the Customer must pay to RPS any payment for work done and expenses incurred up to the date of termination.
9.5 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of RPS for death or personal injury, however RPS shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Service.
10.2 For the avoidance of doubt, time shall not be of the essence and the RPS shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
11.1 The Customer shall indemnify RPS against all claims, costs and expenses which RPS may incur and which arise directly or indirectly from the Customer’s breach of any of its obligations under these Terms and Conditions.
12.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside his/her/its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
13.1 Nothing in the Agreement shall be construed as establishing or implying a partnership or joint venture between the parties or suggest that either of the parties are agent for the other.
14.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision omitted.
15.1 The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
16.1 Any notice to be given by either party to the other may be served by email (RPS’s email address is the one used to send the Proposal to the Customer, and the Customer’s is the one provided to RPS for the purposes of sending the Proposal to the Customer. Any changes to these should be notified to the other party without delay), and unless the contrary is proved, shall be deemed to be received on the first working day after the day it is sent.
17.1 Nothing in these Terms and Conditions intend to or confer any rights on a third party.
18.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, and the parties hereby submit to the exclusive jurisdiction of the English Courts.