1. Definitions and Formation of Contract
1.1 Below are the terms and conditions on which Burton Green Design Services Limited provides commercial interior design consultancy services.
1.2 In these terms and conditions:
“Us” means Burton Design Services Limited of 3 Hillcrest Road, Thorpe St Andrew, Norwich Norfolk, NR7 0JZ and “We” or “Our” should be interpreted accordingly;
“You” means the business entering into the contract and “You” and “Your” should be interpreted accordingly;
“Acceptance Form” means the Form we issue to You to enable you to accept Our Contract and become legally bound by it;
1.3 The Contract comprises these Terms and Conditions together with Our Budget Costing Document including any drawings and other documents referred to therein; any Scope of Works or Specification and any Estimate or other costing document issued to You. It forms the entire agreement between You and Us.
1.4 Before You contract with Us You should read these Terms and Conditions carefully. If You do not agree with them, do not enter a contract with Us;
1.5 The Contract is made when we receive the signed Acceptance Form from You;
2. Scope of Work
2.1 We provide interior design services only. We are not a general contractor and will not act in such capacity. Any issues concerning construction elements must be discussed between You and Your contractor.
2.2 The extent of the work we will carry out will be as set out in Our Budget Costing Document, any Scope of Works or Specification and any Estimate or other costing document issued by “Us” (“the Works”);
2.3 We will endeavour to advise You of the predicted timescale for carrying out the Works as soon as is reasonable practicable. All such dates shall be approximates only and We cannot be held responsible for any delay in completion. Time is not of the essence to the provision of our services;
2.4 We will organise Third Party companies, firms or individuals (“Third Party Suppliers”) to undertake certain work for You, such as decorating, building work, carpet fitting, curtain and blind manufacture and fitting and such other work as We agree with You;
2.5 Our aim is to provide our services with reasonable care and skill and in compliance with the commonly accepted practices and standards of Commercial Interior Design Consultancy. Due to the nature of the Interior Design business Interior Design can be subjective and We cannot guarantee You will like our recommendations. We cannot provide any refunds in such cases. However please feel free to contact Us and We will be happy to discuss the design concept further with You and at our discretion We may if You so wish make further recommendations.
3. Your Obligations
3.1 You will ensure the premises for which the design services are sought (“the Premises”) are safe and that We, Our employees or agents and any Third Party Suppliers have unimpeded access to them at the times arranged with You throughout the duration of the Works.
3.2 You will ensure that We and any Third Party Suppliers have access, without charge by You, to any facilities needed to perform the Works (such as electricity, water, gas, sewage, use of lavatory and hand washing facilities);
3.3 You will ensure that parking is made available to Us and Our employees and any Third Party Suppliers throughout the duration of the Works.
3.4 In order to protect it, You are required throughout the duration of the Works to cover, remove or secure all equipment, machinery or furniture which might be affected. We have no responsibility for damage to any property not so covered or removed or secured;
3.5 You will make all payments due to all Third Party Suppliers according to their terms of payment;
3.6 You will have a nominated representative available either in person or by telephone at reasonable times to answer any queries that may arise during the carrying out of the Works. Such person will be deemed to have the authority to make decisions on Your behalf.
3.7 Throughout the duration of the Works and for the period of 30 days thereafter You will permit Us to display Our sign boards at the Premises;
3.8 On completion of the Works You will make good the walls, floors, ceilings and anything else arising by reason of Works, unless otherwise agreed with Us.
3.9 You will remove and responsibly dispose of all debris, other waste (including by way of example only heavy items and toxic materials), old fittings and wiring resulting from supply of the Works and any extra works agreed with Us. If in our discretion We agree to remove such items and to dispose of the same in accordance with any relevant regulations You will be responsible for all applicable charges arising, unless otherwise stated within the Scope of Works or Specification;
3.10 You will inspect the Work carried out as far as it is reasonably possible to do so immediately upon completion and if You consider the Works or any part thereof have not been carried out in accordance with the Scope of Works or Specification, You shall, within seven days from the date of inspection, give Notice to Us setting out full written details. If no such written notice is received by Us, the Works will be presumed to be correct and complete in accordance with the Contract. You agree that You will be charged for any call out thereafter made by Us, Our employees or any Third Party Suppliers, We will inform you of any such charge We will make before we attend the Premises.
4. Purchasing of Products/Rental items
4.1 From time to time, We may need to purchase products for You which are in addition to those detailed in the Scope of Work or Specification. In such cases, full payment of the purchase price is required from You before purchasing the agreed products.
4.2 In cases where furniture or accessories have been rented, it remains the Client’s responsibility to insure the furniture and accessories against all risks, damage or loss.
You acknowledge that:
5.1 All decisions as to the selection of materials, finishes and choice of Third Party Suppliers are Yours even if they are recommended by Us;
5.2 The actual materials and finishes used may differ from any samples provided to the extent generally accepted in the trade in question;
5.3 It may be necessary to modify the Scope of Works/Specification as work proceeds to address circumstances that could not have been foreseen when the Scope of Works/Specification was prepared. Any such modifications will be agreed between You and Us in writing. In particular,You acknowledge that it may be necessary to increase the Budget or extend the timetable for the Works, or to use other materials of equivalent quality to those set out in the Specification/Scope of Works;
5.4 Where Third Party Suppliers are used Your contract for the supply of goods and/or services is with each Third Party Supplier and not with Us. While we are willing to assist You in dealing with any problems that may arise, if any problems cannot be resolved, You should seek redress from the Third Party Supplier in question and not from Us. In no circumstances will it be Our responsibility to make any payment to any Third Party Supplier on Your behalf;
5.5 You are bound by the terms and conditions of each contract made between You and each Third Party Supplier. In particular, You acknowledge that it is normally a term of such contracts that title to any materials or goods delivered does not pass to the customer until payment has been received in full, and that work in progress may be halted if any payment is not received when it is due;
5.6 If any or all contracts between You and any Third Party are terminated early, You may be liable to pay their fees in full, according to the terms and conditions of each contract between You and them. The resolution of any dispute arising from such early termination will be a matter between You and them, to be resolved according to such terms and conditions
6. Payment and Billing Terms
6.1 The charges for the Works are set out in the Estimate and/or Budget Costing Document accompanying these terms and conditions or as amended or updated by Us and communicated to You.
6.2 Our services are priced on the basis they will be provided during normal working hours (8.30 am to 5 pm). If You require Us to work outside normal working hours we may in our absolute discretion make additional charges. Such additional charges will be notified to You in writing and will be deemed to have been accepted if You permit us to work outside normal working hours.
6.3 All Prices are exclusive of VAT, and where applicable VAT is added at the prevailing rate.
6.4 Payment to Us should be made by BACs or cheque. Cheques should be made payable to Burton Green Design Ltd or as confirmed by Us.
6.5 All payments to Us are due as cleared funds within 14 days from the date of the invoice, unless otherwise stated. Interest at the rate of 5% per month will be payable on all invoices not paid as clear funds within this period.
6.6 interest will continue to be added monthly thereafter from the due date until cleared funds are received.
6.7 If We have to instruct a debt recovery agency, or instigate legal proceedings including any steps before court action is begun, You will be liable for any costs We incur on an indemnity basis.
7.1 Without prejudice to the other remedies or rights a party may have, either Party may terminate the Contract, at any time, on written notice to the other party (“Other Party”). The notice will take effect as specified in the notice:
7.1.1 if the Other Party is in material breach of its obligations under the contract and where the breach is capable of remedy within 7 days, the Other Party has not remedied the breach within 7 days of receiving written notice which specifies the breach and requires the breach to be remedied; or
7.1.2 if the Other Party becomes insolvent or if an order is made or a resolution is passed for the winding up of the Other Party (other than voluntarily for the purpose of solvent amalgamation or re-construction), or if an administrator, administrative receiver or receiver is appointed in respect of the whole or any part of the Other Party’s assets or business, or if the Other Party makes any composition with its creditors or takes or suffers any similar or analogous action in consequence of debt.
7.2 On termination of the contract, You shall pay for all work carried out by Us up to the date of termination, and for all expenditure falling due for payment after the date of termination from commitments reasonably incurred by us for the performance of the Works prior to the date of termination.
8.1 Exclusion of Liability
If You request and we agree, that as part of our service to you we shall recommend, liaise with and/or supervise Third Party Suppliers, We shall have no liability for any deficiencies in any goods supplied or work done or damage cause by any Third Party Supplier, unless those deficiencies or that damage are directly caused by Our negligence.
8.2 Limitation and exclusion of liability
We will compensate You for any loss or damage You may suffer if We fail to carry out duties imposed on Us by law, unless that failure is attributable to:
i. Your own fault;
ii. Any third party;
iii. Events which We could not have foreseen or forestalled even if We had taken reasonable care.
8.3 Limitation of liability
8.3.1 Our liability to compensate You for any loss or damage is limited to the contract price and in particular We shall not be liable for any loss of profit or consequential loss howsoever arising
8.3.2 We shall have no Liability to You for any loss, damage, costs, expenses or other claims for compensation arising from any information or instruction supplied by You which is or are incomplete, incorrect or inaccurate;
8.4 Other claims
You shall indemnify Us against all claims of whatever nature made by third parties arising out of the presence of Us or Our operatives on the Your Premises save where such claim results directly from Our negligence. You are liable to Us for all loss or damage whether direct, indirect or consequential which is suffered by Us as a result of any failure or delay by You in performing Your obligations under the Contract.
8.5 Force majeure
Neither Party shall have any liability under or be deemed to be in breach of contract for any delays or failures in performance under the contract which result from circumstances beyond the reasonable control of that Party. The Party affected by such circumstances shall promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a continuous period of more than three months, either Party may terminate the contract by written notice to the other Party.
9.1 To enable Us to deal with any complaints that may arise relating to the Services, You must provide full details of any complaints within 7 days of the supply of the relevant services;
9.2 Nothing in these Terms and Conditions affects any liability for death or personal injury caused by Our negligence, fraudulent misrepresentation, or any statutory rights as a consumer.
10. Data Protection
10.1 We will only use personal information provided by You for the purpose of providing the Services, or for informing You of the availability of similar services, unless You agree otherwise.
10.2 You may correct any information, or ask for information about You by giving written notice to Burton Green Design Ltd at the following address:- Burton Green Design Ltd, 3 Hillcrest Road, Thorpe St Andrew, Norwich, Norfolk, NR7 0JZ or by email to email@example.com
10.3 We have taken every measure to prevent internet fraud and ensure data collection from You is stored as securely as possible. However, we cannot be liable in the event of a breach in our secure computer servers.
11.1 The copyright, design right and all other intellectual property rights in any materials and other documents or items prepared or produced for You by or on behalf of Us in connection with the Works shall belong to Us absolutely and any such materials, documents or items shall be or remain Our sole property.
11.2 We shall be permitted for our own marketing purposes to use photographs of Your Premises which demonstrate the Services we provide.
11.3 You are entitled to use any such materials, documents or other items as are referred to in paragraph 11.1 above but You are not be entitled to copy any such items or use them for any commercial purpose.
12.1 We may assign or sub-contract the provision of Our services if this is necessary for Operational reasons or in connection with a business transfer or reorganisation. Otherwise, the contract is not transferable by either party.
12.2 Nothing in this Contract gives any right to any third party to enforce any provision under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
12.3 If You wish to send Us a notice or letter then You should send it to: Burton Green Design Ltd, 3 Hillcrest Road, Thorpe St Andrew, Norwich, Norfolk, NR7 0JZ;
12.4 These Terms and Conditions and the Contract are governed and construed by English law.