Finest Terms & Conditions
1. Terminology
1.1. “The Supplier” refers to Finest uPVC Renovations – 80 Netherfield Road, LS20 9DN.
1.2. “The Client” refers to the property owner/customer or whoever has contracted our services under this agreement.
1.3. "The Contract" refers to the supply of the services for the price detailed, as outlined in the quotation. Along with these terms and conditions form the basis of the contract.
2. The Quotation
2.1. The Supplier shall provide to the client a proposal for the services to be carried out which shall set out:
2.1.1. The services that are to be undertaken.
2.1.2. The date and time within which the service will be carried out.
2.1.3. The costs which the client shall be charged for the performance of the services.
2.2. On acceptance of the quotation, the client must respond via email/message stating as such. Once the deposit payments have been received, the job will be booked on the designated day/s.
2.3. In accepting our quotation, the client is deemed to have accepted our terms and conditions.
3. The Services and the Time and Manner of their Delivery
3.1. The supplier shall provide such services to the client as set out in the quotation, within the specified time frames.
3.2. Time frames and dates of delivery are for guidance only, and the supplier makes no guarantee that the services shall be performed within the specified period (weather and other extenuating circumstances may also be at play).
3.3. The supplier will not be held liable for any loss or damage suffered by the Client as a result of the delivery of services being delayed or postponed for any reason.
3.4. The supplier reserves the right to postpone contract start dates if either:
3.4.1. The contract has not been accepted.
3.4.2. The deposit has not been paid (where necessary).
4. Deposits and Payments
4.1. Once the supplier has confirmed a start date with the client, a 20% deposit is due for payment. This is to secure the agreed start date in our work schedule.
4.2. For works lasting longer than 1 week, weekly applications for payment may be submitted each Friday, for payment within 7 days (where applicable).
4.3. On completion of the contract works, the balance outstanding becomes due immediately, and the client has 3 calendar days to pay.
4.4. Additional works, over and above those agreed in the Quotation, will be priced appropriately and submitted to the client for approval before the works are carried out. Additional work must be paid immediately.
4.5. The client agrees:
4.5.1. Not to withhold any sums due to the supplier.
4.5.2. To settle all invoices raised by the supplier within 3 calendar days.
4.5.3. To pay the supplier such costs and expenses as they may incur in recovering payment from the client where the client fails to make payment in accordance with these terms and conditions.
4.6. The client agrees to pay the deposit (where applicable) via bank transfer, and the remaining balance in cash (on the completion day) or via bank transfer.
5. Clients Obligations
5.1. The Client shall co-operate with the supplier in facilitating this agreement, including but not limited to:
5.1.1. Permitting the supplier access to the property or location in which the services are to be supplied (“the site”) and assuring that such access is appropriate and adequate.
5.1.2. Providing for the Supplier such facilities as may be necessary to complete the services.
5.1.3. The client shall clear the site of all furniture and property prior to the supplier commencing work (where necessary).
5.1.4. The supplier reserves the right to pass onto the client any costs arising from the removal of any belongings left on site. The supplier will not be held liable for damage to any items not removed from the site by the client.
6. Suppliers Obligations
6.1. The supplier shall perform all duties, services, and obligations under this contract with reasonable care and skill and to a reasonable standard. He shall comply with all relevant codes of practice and statutory or regulatory requirements.
6.2. While the supplier shall take all reasonable steps to match his work to existing colours, finishes, or aesthetics (as the client may direct), he cannot guarantee any such match.
6.3. The supplier shall take all reasonable care with the client’s property, including taking reasonable steps to protect the client's furnishing and wall and floor coverings during the provision of the services (where necessary).
6.4. The supplier shall be responsible for managing and arranging the safe and lawful disposal of any waste materials which are generated or removed from the client’s property as a result of the provision of the services.
6.5. The supplier shall always hold a valid employer and public liability insurance policy.
7. Property Rights and Assumption of Risk
7.1. Any property rights, title, or ownership in any property or materials used by the Supplier in providing or delivering the service shall remain with the supplier until the client has made payment in full in accordance with these terms and conditions.
8. The Guarantee
8.1. The Supplier guarantees that all composite and uPVC products will be free from defects in materials or workmanship for a period of 10 years from the completion of the works. This guarantee covers peeling, flaking, and UV discoloration, but does not cover any chips, scratches, or other damage caused by human, animal, or item contact with the paint.
8.2. The same guarantee applies to kitchen re-sprays, but with a duration of 5 years.
8.3. There is no guarantee for woodwork, pre-painted surfaces, or masonry re-sprays.
8.4. The Client will be fully informed of these terms before the job commences, and any clarifications will be made at that time.
8.5. The supplier shall, at his sole discretion, determine the manner in which he will satisfy this guarantee, whether by repairing, re-performing, or replacing the services, or by refunding all or part of the monies which have been paid.
8.6. Where the client considers that the services are defective, they shall notify the supplier of this within 7 days, failing which they shall not be entitled to claim the benefit of this guarantee.
8.7. This guarantee shall not become effective until the client has paid the supplier in full, and will date from the completion date.
9. Termination
9.1. This agreement shall continue until the services (or any mutually agreed addition, extension, or variation thereof) have been provided, or until terminated in accordance with the below.
9.2. Without prejudice to the above, this agreement may be terminated immediately where any of the following circumstances arise:
9.2.1. Either party commits a serious breach or persistent breaches of this agreement, including but not limited to the non-performance, neglect, or default of any of their duties as outlined herein (including a failure on the part of the client to make payments within agreed timescales) and after notice has been given to the defaulting party, it remains unremedied and unrectified 7 days after such notice.
9.2.2. Either party commits a breach of this agreement which cannot be remedied.
9.2.3. Either party becomes insolvent or enters into a CVA or IVA.
9.3. Upon termination of this agreement, the client shall pay to the Supplier such sums as may represent work done and expenses incurred up to and including the date of termination.
9.4. Any right to terminate this agreement shall be without prejudice to any accrued rights or liabilities arising out of this agreement which exist at the date of termination.
9.5. Deposits are non-refundable unless agreed in writing (Please note if a client chooses to pay a deposit before or without signing a contract, it will be regarded that the client has accepted the terms and conditions of this contract, which were included in the quotation email sent to them).
10. Disclaimers and Exclusions
10.1. The supplier shall not be responsible in any circumstances to the client or any third party for any loss of profit or indirect or consequential economic damage or loss, howsoever caused, as a result of negligence, misrepresentation, breach of contract, or otherwise.
11. Indemnity
11.1. The client shall indemnify the supplier against any loss or damage which results from the client's breach of this agreement or failure to abide by any of its terms.
12. Disputes
12.1. If any dispute arises between the Supplier and the Client in connection with this Agreement, it shall be referred to adjudication in accordance with the Scheme for Construction Contracts, save that the Supplier shall select the Adjudicator to be appointed from a panel maintained by the Company Secretary of the Supplier. In the event that either party disagrees with the decision of the Adjudicator, then the High Court shall determine the dispute in accordance with the Rules of the High Court.
13. Force Majeure
13.1. Neither party shall be liable for any delay or failure in performing its obligations or duties under this Agreement which results from circumstances outside their reasonable control, including but not limited to acts of God, Industrial Action, war, fire, threat of terrorism, civil disturbance or rioting, government or regulatory action, breakdown in plant or machinery, or shortage of raw materials or suppliers.
14. Warranty of Contractual Capacity
14.1. Both parties and signatories to this agreement warrant that they are authorised and permitted to enter into this agreement and have obtained all necessary permissions and approvals.
The client has read, understands, and agrees with the total payment schedule, job description, setup, and all terms and conditions as shown in this agreement and the attached quotation.