Shuttleworth Painters & Decorators Ltd

Terms of Trade – Conditions of Sale

1. Shuttleworth Painters & Decorators Limited’s written quotation shall be deemed to interpret correctly the Customer’s instructions whether writer or oral and the Customer is accordingly advised to exercise due care in checking quotations. Any additional work not quoted for shall be carried out at the Customer’s expense. The term “quotation” shall include estimates for the purposes of these Terms of Trade.
2. In offering to carry out this work Shuttleworth Painters & Decorators Limited undertakes to exercise all care in minimising any possible damage to the customer’s property or to surrounding property.
3. Safety – The health safety and welfare of all persons working on site is the foremost consideration for Shuttleworth Painters & Decorators Limited. To this end, all responsible practical efforts must be made to create and maintain safe working conditions, in conformance with H&S 19 –
   When, in the opinion of Shuttleworth Painters & Decorators Limited, an unsafe condition exists or an unsafe act is being committed (provided such is appropriate action to rectify the situation. Failure to do so will result in Shuttleworth Painters & Decorators Limited applying whatever measures are considered necessary to ensure conformity with the above requirements.
4. Payment Terms – Unless stated differently on the front page of the quote, the payment terms are as follows:
   1. Payment of Shuttleworth Painters & Decorators Limited’s account including all additional charges is due in full (i) for Residential work within seven (7) days from the completion of the work: and (ii) for Commercial work by the 20th of the months following the completion of the work.
   2. Shuttleworth Painters & Decorators Limited reserves the right to charge interest on any payments not made as above at the rate of 2% per month.
   3. Shuttleworth Painters & Decorators Limited may at any time require security for payment and may withhold delivery until provision of sufficient security or Shuttleworth Painters & Decorators Limited may at its option suspend or terminate the contract and the payment of all materials deliverered and work commenced up to the date of such suspension or termination and all moneys payable hereunder shall immediately become due and payable.
   4. All costs and expenses incurred by Shuttleworth Painters & Decorators Limited in enforcing these conditions of the sale including all legal costs incurred in recovering any debts owed to Shuttleworth Painters & Decorators Limited by the Customer, shall be payable by the Customer.
5. Claims – Any complaints made about the standard of workmanship or the carrying out of this work shall be made in writing to Shuttleworth Painters & Decorators Limited at the address stated on the front page of this quote within 10 days following completion of the work.
6. Prices quoted are subject to variations occasioned by an increase in the cost of the materials to Shuttleworth Painters & Decorators Limited subsequent to the date of quotation. The price payable by the Customer may be varied by such amounts as Shuttleworth Painters & Decorators Limited shall certify to be reasonable having regard to the demonstratable variation in costs.
7. Prices are based on colour selection to mid-range or R.V. values. Some colour selections may result in increased prices payable by the Customer following advice by Shuttleworth Painters & Decorators Limited.
8. No responsibility is accepted for loss arising from delay or inability to deliver occasioned by strike, lock out, difficulty procuring suitable materials, goods or substances required in the manufacture of goods, mechanical failure, shortage of stocks, shortage of labour, lack of skilled labour, delay in transit, prohibition of restrictions, fire, flood, hostilities, civil commotion, terrorism or other cause whatsoever whether similar in
   Shuttleworth Painters & Decorators Ltd
   Terms of Trade – Conditions of Sale Page 2 of 2
   nature or not to the foregoing. Any delay caused by the Customer will constitute a variation and be charged accordingly.
9. No liability or obligation is entered into, whether in regards to these Terms of Trade or any other way to any party not contracting with Shuttleworth Painters & Decorators Limited.
10. Failure by Shuttleworth Painters & Decorators Limited to insist upon strict performance of any term or condition herein shall not be deemed a waiver of any such subsequent breach of any term or condition. No provision herein to be deemed a waiver by Shuttleworth Painters & Decorators Limited unless such a waiver be in writing signed by Shuttleworth Painters & Decorators Limited’s authorised signatory.
11. Shuttleworth Painters & Decorators Limited accepts no responsibility for any authorities or approvals that may be required from third parties in terms of materials or services covered by this quotation or subsequent contract.
12.  The Customer warrants that where it is proposed to affix or apply any material on any land or premises not owned by the Customer or to utilise any land or premises not owned by the Customer, all necessary consent from the appropriate authority or adjoining land owner has been obtained by the Customer.
13. Cancellation of this contract or parts thereof can only be effected upon terms which will compensate Shuttleworth Painters & Decorators Limited against all expenses incurred and otherwise protect Shuttleworth Painters & Decorators Limited against loss or profit and overhead on the execution of an order.
14. It is agreed that where any materials are repossessed in terms of this agreement the purchase shall remain indebted to Shuttleworth Painters & Decorators Limited for the purchase price or any part thereof that remains unpaid.
15. Prices quoted are based on the information available from the site survey. Where circumstances are encountered that are not foreseeable from the site survey requiring extra work, extra costs may be charged. If extra costs are charged they shall be paid for as set out in Clause 4.
16. Shuttleworth Painters & Decorators Limited accepts no responsibility for the suitability of the structure substrate to which materials herein described are proposed to be applied.
17. If any dispute arises from the contracting parties it shall be referred to Arbitration in accordance with the Arbitration Act 1908 with two months.
18. Neither party shall vary the conditions of this contract without the written approval of both (signatories hereto) parties.
19. Implied Conditions and Special Terms – no conditions or warranties expressed or implied by law and no representations or statements are binding on Shuttleworth Painters & Decorators Limited unless so specified on this quotation and these Terms of Trade and this quotation shall form the sole terms of the Contract. In the case of any conflict arising between the terms of the order and these terms and conditions, these terms and conditions shall prevail. No agent or representative of Shuttleworth Painters & Decorators Limited is authorised to make any representations, statements, warranties, conditions or agreements not expressly set forth in the quotation and Shuttleworth Painters & Decorators Limited is not in any way bound by any such unauthorised statements nor can any such statement be taken to form part of a contract with Shuttleworth Painters & Decorators Limited collateral to the main contract.