ASCEND PAINTING & DECORATING
TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
'We', 'us' and 'our' means Ascend Painting & Decorating. 'You', 'the client', 'the customer', 'your' means the person who requested our services and enters this contract.
SECTION 1 - FIXED RATES AND QUOTATIONS
The agreed final quote represents a written contract for the exact work to be completed at the price quoted. Any agreement made verbally is not covered by the contract unless it has been written into said contract. The agreement is made between Ascend Painting & Decorating and the client. The client is identified as the person who requested the quotation. Ascend Painting & Decorating will not enter any dialogue, accept any requests, or communicate in any way with anyone other than the client except where the client has provided written permission that allows them to do so. The acceptance of the quote, electronically or by any other means signifies a full acceptance and commitment to accept these terms and conditions. Please check your quotation carefully. A 20% deposit of quoted works must be obtained before the commencement of works.
1.2 Scope of quoted work
The quote written by Ascend Painting & Decorating for the client represents the requests of the client. It is not a builder’s survey and we will not be held liable for any task that is not included in the written quote.
1.3 Electric and water
The client will be expected to provide electrical power, running water and toilet facilities where reasonably possible.
1.4 Condition of existing walls and ceilings
Unless specifically mentioned, no provision is made for the repair of plastering beneath papered walls or ceiling surfaces, as it is assumed that such plastering is in good condition, and is suitable to take treatment specified. Similarly, the costs of the repairs and renewals of any defects which are not visible at the time of estimating will be chargeable, unless allowance for such items is included.
In the event of cancellation by the client, the client agrees to notify Ascend Painting & Decorating in writing or by email 28 days before the project start date. In the event that Ascend Painting & Decorating are not notified of the cancellation, the client agrees to pay all of Ascend Painting & Decorating’s administration, lost work and scheduling costs amounting to no less than 15% of the total project cost.
If the customer elects to cancel our services after we have begun work, the customer agrees to pay all of Ascend Painting & Decorating’s administration, lost work and scheduling costs amounting to no less than 50% of the total project cost. Postponement of scheduled works rather than cancellation is acceptable only if the rescheduled date is valid and within 8 weeks of the initial date scheduled. Should further postponement occur, you will be deemed to have canceled our services and the cancellation levy will apply as above.
All necessary materials can and will be provided by us unless otherwise agreed and will always be of high quality and used in an appropriate manner as per the manufacturer's guidelines. Where it is necessary to match existing decor, our work will be carried out with this in mind, using appropriate materials that provide an exact match where possible. If an exact match will not be achievable, the client will be consulted. Ascend Painting & Decorating are not responsible for the performance or suitability of any materials, parts or products purchased directly by the client and allow Ascend Painting & Decorating to use these at their own risk.
1.7 Changes to your quote
Any quote or estimate is subject to revision, if a customer makes changes to their property or building after receiving a quote from Ascend Painting & Decorating, customers must let us know of all changes made as soon as possible so that their quote can be revised. Any changes made without notifying us may cause a delay in the work until a price has been agreed for any changes.
1.8 Completion timescales
Estimated completion times are guidelines and although we will endeavor to complete the work in the time frame intimated, we will not be held liable for failure to complete the scheduled works within the estimated time frame. Similarly, it may be that by employing extra resources we can finish a project more quickly than estimated. In which case the price of the quote will change. In the event that there is nonoptimal weather, natural disasters or safety concerns the estimated completion times may vary to which to Ascend Painting & Decorating accept no liability
1.9 Storage of tools
We may on occasion request that tools be left on site overnight. The client reserves the right to decline such requests.
1.10 Validity period of quotations
Quotes are valid for 14 days from the date of issue.
1.11 Damages and sub-standard workmanship
It is the responsibility of the client:
To remove valuable and/or fragile items from the areas to be decorated.
To remove pictures and other items hanging from the wall.
To remove electrical goods from the areas where works will be carried out.
Assistance can be provided with the repositioning and/or removal of bulky furniture items and goods. We reserve the right to decline to move goods if the condition is at risk of damage to the equipment or the property. We reserve the right to decline to move particularly heavy or bulky items if they present a higher than accepted health and safety risk. Where items cannot be covered or protected, but could easily have been removed, we will request that they are removed before work commences. We cannot be held liable for damage to such items if they are not removed.
Where any doubt exists as to the suitability and or structural soundness of any working platform such as balcony, flat roof etc. the client may be asked to provide professional evidence such as structural engineers report prior to works commencing. Where a roof of any type/style is to be used to gain access for external decoration works to Ascend Painting & Decorating accept no liability for any damage to have been caused as a result of utilising for access during the works.
In the event of breakage or damage to the property, Ascend Painting & Decorating will notify the client immediately and set out steps to remedy the situation. Similarly, if at the end of the job the client is dissatisfied with any aspect of the service, they must inform us as soon as possible. Clients must allow Ascend Painting & Decorating to effect a remedy using our own tradespersons and under no circumstances will we be held liable for the costs of reparations by third parties that we have not expressly agreed to in writing. The client must notify Ascend Painting & Decorating, in writing within 24 hours of an alleged breakage or damage caused by our employees.
1.12 Favour work
We are in most cases happy to do small “favours” for our clients over and above our quotations however this is expressly done at your own risk and we will not accept any responsibility for any work undertaken that is not in your written quote.
We will take every possible precaution to ensure that all vulnerable areas and any objects left in the work area are carefully and thoroughly covered and/or masked. However, there will always remain a very small risk of overspill or dust getting past these precautions. In the rare event of overspill, dust or other cosmetic damage, we will endeavor to ensure that it is satisfactorily cleaned.
1.14 Pre-existing damage
We may take photographs of your property or complete a pre-existing damage form prior to the start of the project. In the unlikely event that we do damage your property and this is a result of our negligence, you will be covered by our insurance for the full amount. However, claims that we can dispute with photo evidence or written agreement will incur a $50 charge per complaint to cover administration costs.
1.15 Payment of quoted and fixed price work
The client agrees to pay the invoice for completed work within 14 days after completion of the project. In the event that the client is unhappy with the standard of workmanship, the correct complaints procedure as shown in these terms and conditions must be followed. All materials purchased for, or on behalf of the client, remain the property of Ascend Painting & Decorating until payment of the final invoice by the client to Ascend Painting & Decorating. In the event of a dispute, the client agrees to allow access to the property to a representative of Ascend Painting & Decorating to retrieve all materials that remain the property of the company. We are happy to provide invoices for businesses and individuals. However, payment is due within the time-scales as stated in the Terms and Conditions and the amount, unless amended by Ascend Painting & Decorating, is fixed in the quotation. Therefore, the client is liable for payment, regardless of whether an invoice has been received. A second copy of an invoice can be issued at a cost of $15 per invoice to cover administration costs.
1.16 Completion of the project If Ascend Painting & Decorating deems it necessary, the client must be available on the last day of the project for consultation and final sign-off for the project. In the event that the client is unavailable, unless otherwise agreed in writing, the client accepts that the project has been completed to their satisfaction and payment in full is due.
1.17 Termination of the contract by Ascend Painting & Decorating Ascend Painting & Decorating will not tolerate aggressive or rude behaviour, racism, nationalism; sexism, homophobia or ageism directed towards any of its staff or tradespersons and reserves the right to terminate the project at any time in this event.
SECTION 2 – PAYMENT
2.1 Payment methods
We accept Cheques, Bank transfers, and Paypal for the settlement of your account.
2.2 Payments to tradespersons
Our staff is not permitted to accept payment - to pay for your deposit or completed job, you must pay Ascend Painting & Decorating directly unless you have been given permission from one of our directors in the office through email or our contact number otherwise your account will remain outstanding until such time as Ascend Painting & Decorating receives payment directly.
If you pay any member of staff for either a deposit or completion of work, you will be in breach of your terms and conditions and an administrative charge of $50.00 will be charged.
2.3 Payment time scales
The client agrees to pay the invoice a maximum of 14 days after submission of the project invoice. Ascend Painting & Decorating reserves the right to re-issue the invoice and request payment within 5 days of re-issue. Should the outstanding balance not be settled within 5 days, Ascend Painting & Decorating reserve the right to apply an administration charge of $80.00 for each re-issue of invoices thereafter.
2.4 Unpaid accounts
In the event that Ascend Painting & Decorating cannot recover any outstanding amounts after a reasonable amount of time, we will employ the services of a debt collection agency. The client accepts that the debt collection agency will increase the outstanding amount to cover their costs - this fee is applied as soon as the debt is passed from us to them and usually amounts to 33% of the cost of the invoice - it is therefore strongly in your interests to settle your invoice as soon as possible to avoid these extra costs. Once the debt passes from us to the debt collection agency, we have no further involvement in the account and cannot reverse the process or any associated fees.
SECTION 3 - DISCOUNTS AND PROMOTIONS
From time to time Ascend Painting & Decorating. run promotions and offers - these promotions and offers come with the following conditions:
Offer periods are limited - refer to the specific promotion for the validity period.
Ascend Painting & Decorating reserves the right to withdraw any offer at any time.
SECTION 4 VARIATION OF ORDERS
4.1. Any changes required to the work quoted, or to the work reasonably foreseeable by Us at the date of the quotation, shall be a variation. Variations include, without limitation, any change to the scope, quality, or timing of the work, any circumstance that changes the cost of performing Our work from that reasonably foreseeable at the time of quotation, or any other circumstance which is stated in these terms and conditions to be a variation, whether arising out of any oral or written instruction from You or Your representative or otherwise.
4.2. We will advise You as soon as practicable of any change to Our contract price arising out of any variation. Variations will generally be valued on the same basis or rates as corresponding original work. Where work does not directly correspond to the quotation, or cannot be performed in the most economic manner, variations may at Our sole discretion be priced based on time and materials (charge-up) at Our normal rates current at the time of performing the work.
4.3. Your acceptance of any variation should be confirmed in writing prior to commencement of work, but in the absence of written acceptance Our commencement of the work pertaining to the variation will be taken as Your acceptance by conduct.
4.4. We shall be entitled to be paid progressively as specified by Us for the reasonable value of any variation whether the value of it has been agreed.
SECTION 5 WARRANTIES AND MAINTENANCE
5.1. The supply of nominated or specified Goods, materials, equipment, or systems does not imply a warranty as to fitness or suitability. We do not provide any warranty that the Goods are fit and suitable for the purpose for which You require them and shall not be liable if they are not. You shall (and hereby agree to) determine using Your sole judgment that the Goods are suitable and, in a condition, fit for the task intended. However, where the Goods are subject to a manufacturer’s warranty, to the extent We are able We will make the benefit of that warranty available to You.
5.2. No guarantees, warranties, representations, or agreements made on Our behalf (including those implied or expressed by law) shall apply or be binding on Us unless specifically made in writing by Us.
5.3 Subject to Our clause headed "Disputes" above, You must notify Us promptly of any defects You assert in Our workmanship or materials. We will remedy any agreed defective workmanship and at Our sole discretion repair or replace any faulty Goods reported to Us in writing within 30 days of the date of payment in full, or within any longer period agreed or stated in Our quotation. This warranty is in addition to any rights You may have as a consumer under the Consumer Guarantees Act 1993.
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