Terms and Conditions

1. Definitions

In these Terms and Conditions the following terms shall have the meaning set out below:-

‘We’, ‘our’, or ‘us’ means Kevin J Powell and ‘you’, ‘your’ or the ‘customer’ means you.

The customer shall place an order for services provided by us by submitting a copy of our quotation / estimate for the works required endorsed with the customers signature and dated. We will confirm acceptance to carry out the said works in writing.

1.2 These conditions shall govern the contract to the exclusion of any other Terms and Conditions.
1.3 Any advice or recommendation given by us to the customer, which is not confirmed in writing by us, will not be binding upon us.
1.4 Any variation to these conditions must be agreed in writing between us and the customer.

2. Quotes / Estimates

2.1 In accepting a quote / estimate given by us the customer acknowledges that;
2.1.1 All information and specifications relating to the services and materials to be provided by us are approximates only and
2.1.2 Any error in any quote / estimate or other document or information issued to the customer by us may be corrected without any liability to us.

3. The Right of Withdrawl

3.1 The customer has the right to withdrawal from the contract within fourteen days after the date endorsed by the customer on the quote / estimate and/or no less than fourteen days prior to the agreed date of commencement of works.
3.2 In the event that the contract is terminated fourteen days after the date endorsed on the quote / estimate and provided such date is fourteen days before the due date of commencement of works, no charge will be made to the customer.
3.3 When the customer serves a Notice of Withdrawal less than fourteen days before the date of commencement of the works but more than seven days before the customer will be required to pay 25% of the agreed quote / estimate.
3.4 The customer serves a Notice of Withdrawal less than seven days before the due date of commencement of the works then the full contract quote / estimate is payable by the customer to us.

4. Price

4.1 The price of the contract shall be the price stated on the quote / estimate endorsed and dated by the customer, subject to any inadvertent pricing errors (whether technical or otherwise) by us.
4.2 The price is inclusive of any applicable value added tax, which the customer shall be liable to pay to us.

5. Payment Terms

5.1 Payment shall be made on a staged payment basis on terms to be agreed separately and calculated according to the size of the contract and the extent of the works therein, but in any event the Final Payment staged or othewise, shall be paid on Completion of works, from the date on which the final invoice is rendered.
5.2 We reserve the right to claim contractual interest on late payments at 2% above Bank of England standard base rate calculated on the whole balance outstanding until final settlement.
5.3 Payment of 50% non-refundable deposit of total cost shall be made no later than 10 days before agreed start date, otherwise timeslot for works will be forfeit.

6. Risk and Ownership

6.1 Risk of damage or loss of the materials supplied to the customer shall pass to the customer once the same are delivered to the customers premises or contract site whichever may apply.
6.2 Title in the materials shall pass to the customer on payment to us.

7. Warranty and Liability

7.1 Subject to the conditions set out below the contractor warrants that all materials and services will correspond with those as set out in the agreed quote / estimate and that same will be free from all defects on delivery.
7.2 If the contractor is in breach of any warranty contained in clause 7.1 above then the customer shall advise the contractor in writing immediately and in any case not later than fourteen working days from the date of discovery of any such defect.
7.3 On receiving a notice under clause 7.2 above the contractor may as its sole option:
7.3.1 Make good the defect.
7.3.2 Replace all or any part of the defect.
7.3.3 Refund the price or value of the defect.

7.4 The warranty contained in clause 7.2 shall be the extent of the contractor’s liability for defective materials.
7.5 Save as expressively provided in these conditions and except where the materials and services are provided to a person dealing as a customer (within the Unfair Contract Terms Act 1997) all warranties conditions terms and liability’s expressed or implied by statute or common law are excluded to the fullest extent permitted by law and the contractor will not be liable to the customer for any loss of any kind whatsoever which arises out of the breach of implied warranties or conditions or breach of any other duty of any kind imposed on the contractors by operation of law.
7.6 If not withstanding the provisions of this clause 7 liability attaches to the contractor in no circumstances shall the contractors liability to the customer for breach of any express or implied terms of contract or any other duty of any kind imposed on the contractor by law arising out of or in relation to the contract exceed the total amount of the contract value.
7.7 Without prejudice to any other provision of this clause 7 the contract will not be in breach of the terms of the contract for any delay in performing or failure to perform its obligations under the contractor if that delay or failure was due to any cause or circumstance beyond the contractor’s reasonable control.

8. Indemnity

The customer shall indemnify the contractor against any loss or damage suffered by the customer as a result of any claims brought against the contractor by any third party for:-

8.1 Loss injury or damage caused by the materials or their use.
8.2 Any loss injury or damage in any way connected to this contract provided that this clause will not require the customer to indemnity the contractor against any liability for the contractors own negligence.

9. Termination

9.1 The contractor may terminate this contract or any other contract between the parties and may cancel or suspend future supply or materials or works (under this contract or any other contract) if the customer;
9.1.1 Is in breach of these conditions or any other contract between the parties, or
9.1.2 Has a petition presented for its bankruptcy or for an Administration Order to be made in respect of the customer or if the customer has a receiver or administrative receiver appointed over its or any of its assets or if the customer apposes to enter into a composition or voluntary agreement with its creditors.
9.2 On termination the customer the customer shall pay the contractor all costs expenses (including legal and other fees), arrears charges or other payments arising in respect of materials and services provided thus far under the contract.
9.3 Termination shall not affect either party’s accrued rights under the contract.

10. General

10.1 Any notice required under these conditions shall be in writing addressed to the other party at its place of business or principle place of business or its place of residence, any notice shall be deemed to be served;
10.1.1 If sent by pre-paid first class post to the party to whom it is given on the day it is posted or,
10.1.2 If sent by pre-paid airmail post to the party to whom it is given on the day it is posted or,
10.1.3 If sent by fax to the recipients fax number on the date and time given on the senders transmission acknowledgement slip (or in the case of manifest error or loss of slip) on the day in which it was sent.
10.1.4 If left at the address given in which case it is taken to have been given on the day in which it has been left.
10.1.5 If sent by email to the business email address in which case it is taken to have been given on the day in which it was sent.
10.2 If any of these conditions is held by any competent authority to be unlawful, invalid or unenforceable in whole or part then the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby and shall continue to be valid and enforceable to the fullest extent permitted by law.
10.3 The contractor and these conditions shall be under English Law and the parties submit to the exclusive jurisdiction of the English Courts if there are any disputes between them of any kind.

11. Enforce measure

11.1 The contractor shall not be under any liability of which so ever kind for non performance of any of its obligations under the contractor, only of course beyond the contractors control or an act of God, neither the customer or the contractor will be held liable for any failure to perform any obligation to the other due to causes beyond its respective reasonable control.

12. Use of the Kevin J Powell website

12.1 You should ensure that your computer is adequately protected before visiting our website and we accept no responsibility for an loss or damage caused by viruses or other electronic contaminants that may affect your computer equipment or other property resulting from visiting our website.

12.2 Please note that any advice or "tips" given or provided on the Kevin J Powell website is only given for technical advice only. Kevin J Powell takes no responsibility for any misuse of equipment, damage caused or injury to person or persons as a result of incorrect use of any advice given in the tips section of the blog.All actions resulting are at your own risk. If in doubt, please contact us first before acting on any advice or tips.

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