Terms and Conditions of Business

Bright House Painting and Decorating – Quality Builder Projects Ltd – Terms of Business for Services to Consumers
These terms of business apply to Services provided by Bright House Painting and Decorating – Quality Builder Projects Ltd, UK registered company No 13385053, with registered offices at 9 Kiln House, Fosters Place, East Grinstead, RH19 1EX (hereinafter Quality B, We, Us) and come into effect on the Effective Date and continue until the completion of the Services and payment done in full by the Consumer.

  1. Definitions

Effective Date Means the date on which this Agreement comes into force, being the date of the Quality B written confirmation of appointment to carry out the Services Customer/Client Means the person (as a consumer or a business) entering into this Agreement as the recipient of the Services or on behalf of the recipient of the Services (hereinafter Customer, You, Your)

The Service(s) Means the gutter cleaning, clearing, monitoring, painting, repairing, reporting and associated activities provided by Quality b at the nominated premises of the Customer

Service Date The date arranged with the Customer for Quality B to perform the Services

Technician Means the person(s) appointed by Quality B to deliver the Services

Service Fee/Cost The charge made by Quality B for provision of the Services

  1. The Base Service

Quality B provides a service (the Service) for consumers at domestic premises and for businesses at business premises. The service can include building, repairing, renovating or replacing any of exterior and/or interior elements of domestic or commercial properties of the consumer.

  1. Booking the Service

3.1 Bookings are made by email at office@qualitybuilderprojects.co.uk, or by telephone to the Quality B Customer Service line on 0800 140 4484.

3.2 Quality B will provide the Customer with written confirmation (by email) of the appointment date, including the proposed Service Fee, any special instructions. The link to our terms of business on our website is available with notifications of your rights as a consumer. The date of this confirmation is the Effective Date of Your agreement with Quality B.

3.3 Requests to cancel the Service or to change the appointment must be made no later than 17.00hrs on the day prior to the Service Date. Quality B will use reasonable endeavours to meet a alternate date but this will be subject to the availability of Quality B to accommodate the requested date.

3.4 Cancellation requests made later than 17.00hrs on the day prior to the Service Date will subject to a late cancellation fee of 50% of the Service Fee.

3.5 Occasionally Quality B will use a network of local agents to provide the service. In such cases an introduction is made and the local agent becomes the main contractor. As such the consumer/business contract is between the customer and the contractor.

  1. Customer Obligations

5.1 The Customer confirms that they are aged 18 years or over and are legally competent to enter into this agreement be it on behalf of the property owner, business or otherwise.

5.2 The Customer agrees to provide safe entry to and around the property and safe access to all areas of the property necessary to be able to approach by the contractor, unless previously agreed otherwise via email/telephone with Quality B.

5.3 The Customer warrants that to the best of their knowledge the subject of the service or any elements of the property connected to the service are in that shape previously described by the Customer to Quality B.

5.4 Where Services are performed under a discount for a group of Customers it is expressly understood that each Customer in that group shall remain individually responsible under this Agreement in respect of their own property and the work to be performed therein.

  1. Service Fee and Payment

6.1 The Service Fee including any promotional discount will be advised in writing in accordance with clause 3.2.

6.2 The Service Fee will be held firm for the duration of this Agreement.

6.3 In the event that the Services cannot be completed due to the reasons stated in 4.3.1 or 4.3.2 Quality B will use reasonable judgement to amend the Service Fee but retains the right to apply the Service Fee in full if the conditions preventing completion present a delay to otherwise normal progress.

6.4 On completion of the Service Quality B will issue an invoice for the Services. Invoice is being sent to the Customer and payment is due either immediately by card payment via card machine or made online via bank transfer or by cheque as agreed on the site when the service has been done. Payments by cheque may be subject to a commission charge of a maximum of £2.

6.5 Where Services are performed under a discount for a group of Customers Quality B shall issue a single invoice for the total of the group work to a party nominated in writing by the group. The nominated party will thereafter be responsible to Quality B for settlement of the invoice.

6.6 Quality B reserves the right to charge interest on payments more than 14 days overdue such interest to be calculated at a rate of 5% over the standard bank of England base rate. Compounded monthly and backdated to the original invoice date.

  1. Your Right to Cancel

7.1 In accordance with the UK Consumer Protection (Distance Selling) Regulations 2000 a private consumer has the right to cancel this Agreement within a period of seven days from the booking date (the Right to Cancel Period); such cancellation must be made in writing. In the event that you do cancel and have already made a payment then any Fees paid will be returned to you within 30 days.

7.2 If at your sole option you request and accept a Service Date which falls before the end of the seven day Right to Cancel Period then you will be deemed to have voluntarily accepted a Right to Cancel Period reduced from seven days to the actual period between the Effective Date and the Service Date. In this event you still retain the Right to Cancel up to 17.00hrs on the day prior to the Service Date as set out in clause 3.3.

  1. Data Protection

Quality B undertakes to comply with the provisions of the Data Protection Act 1998 and any related legislation in so far as they relate to the provisions and obligations of this Agreement.

  1. Limitation of Liability

9.1 Nothing in the Agreement shall exclude or limit the liability of Quality B for personal injury or death resulting from its negligence.

9.2 Subject to Clause 9.1 Quality B shall not be liable to the Customer for any loss not directly attributable to the performance or contemplated performance of this Agreement. In any case the maximum aggregate liability of Quality B for any cause whatsoever shall be limited to the value of the Service Fee and subject to the Customer’s obligations in Clauses 5.2, 5.3 and 5.4 solely to the direct cost of repair or reinstatement of damage caused directly by Quality B.

9.3 Quality B takes 1 year warranty on small repairs, unless stated otherwise when Service is agreed on the Effective Date. In case of warranty validation Quality B is responsible to appear and correct any issues a maximum of once a year. Quality B takes 10 years warranty on completely new building projects in case the Customer had Quality B getting done the yearly maintenance. Quality B must provide accurate information on this subject of warranty latest by the completion of the service. All warranty covers that the materials used in the accepted quotation and the quality of the work performed are professional, excellent and adequate. The warranty does not apply to possible leaking/soaking problems or any damage caused by these.

  1. Your Right as a Consumer

Nothing in this Agreement shall limit the statutory rights of the Customer as a consumer as set out in applicable consumer protection legislation.

  1. Force Majeure

Neither party shall be liable to the other for a delay or a failure to perform its obligations under this Agreement resulting from war, armed conflict, civil disturbance, act of God, fire, explosion, accident, flood, industrial dispute, or other cause beyond the reasonable control of the party concerned.

  1. Severability

If any term of this Agreement is declared void or illegal, it shall be deleted and the remainder of this Agreement shall continue in force, with the substitution of legal terms that approximate as closely as is legitimate to the terms declared void or illegal.

  1. Third Party Rights

A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

  1. Amendment

Quality B reserves the right to amend this Agreement and any such amendments will be advised to the Customer in writing prior to the commencement of the Services.

  1. Governing Law

This Agreement and all matters relating to it shall in all respects be governed by and construed in accordance with the laws of England and the Parties irrevocably agree that the English Courts have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.