Terms and Conditions

1. These terms and conditions

1.1             These terms will apply to all polished plaster, tadelakt, decorative coatings, liquid metal, microcement systems, concrete effects, marmorino, coatings and sealing of all works and any other services (“the Services”) provided by Polished Plaster Wimbledon Ltd (Company No. 11435014) whose registered office and place of business is at 2nd Floor, Beaumont House, 1b Lambton Road, London, United Kingdom, SW20 0LW) (“we”, “us” or “PPW”) to the client (“you” or “the Client”). These terms and conditions along with any quotation, estimate, scope of work or other document setting out the Services to be provided (“Quotation”) will together form the agreement between you and us (“the Agreement” or “this Agreement”). 

1.2             These terms and conditions may not be released discharged supplemented interpreted varied or modified in any manner except as agreed and put in writing signed by both parties. 

1.3             To the extent any terms in the Quotation are contrary to any express provisions in these terms and conditions, the relevant provisions in the Quotation will prevail over these terms.

1. The Services

2.1             We will provide the Services to you as set out in the Quotation or as otherwise agreed in writing and subject to the terms of this Agreement. 

2.2             The Services will be carried out at the address set out in the Quotation or otherwise provided to us prior to the commencement of the Services  (“the Property”).

2.3             We will carry out the Services with reasonable care and skill.

2.4             We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and we shall notify you in any such event.

2.5             You may request a change in the Services at any time but we will only provide such different services if we believe we are qualified to do so. If such changes to the Services constitute a material change to those in the Quotation we reserve the right to revise our fees as previously agreed with you. We will not perform any alternative Services until such time as you have agreed to pay any such additional fees.  

2.6             You may request services in addition to the Services set out in the Quotation. Such additional services shall be charged at our standard daily rates at the time (details of such rates can be provided on request). We will not perform any additional Services until such time as you have agreed to pay any such additional fees and signed a supplementary written agreement. 

2.7             We may provide some of the Services through third parties and subcontractors. Whether or not we sub-contract out any of the Services to third parties is at our absolute discretion and you shall not have the right to object to any third party providing the Services.

2.8             You agree to supply us with all necessary information which we will reasonably require for us to be able to perform the Services.  If you do not provide us with such information we will not be liable to you for any failure to carry out the Services as a result including any failure to complete the Services within the otherwise agreed between us.

2.9             Upon acceptance of this Agreement, you may request a maximum of two samples at no additional cost. If you request further samples, we will charge an additional fee of £145.00 plus VAT per sample or such other fee as we may inform you at time the request is made.  

2.10          Samples should be viewed in lighting which is the same as the lighting in the area where the finished product is to be applied, as different lighting may affect how the samples look when applied. If, having received samples, you subsequently change the colour or products used in provision of the Services, you will be liable for additional costs arising from that change.

2.11          All samples provided by us to you remain the property of PPW. If you pass the samples on to any third party for the provision of services similar to the Services, we may charge you an additional fee of £865.00 plus VAT.

2.12          We may provide sketches, previous examples of our work, plans, diagrams, or similar documents in advance of the Services.  Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Services nor to guarantee specific results.

1. Materials

3.1             We will use reasonable endeavours to ensure that the products and materials used in the provision of the Services (“Materials”) match those chosen by you and, where applicable, are consistent throughout the Property (or relevant parts of the Property). There may be slight variations to the same Materials as a result of differences between photographs, catalogues and other materials, and the Materials themselves, or as a result of minor technical changes which will not impact your use of the Material in question. If different Materials are required due to non-availability, we will not supply them without consulting with you in advance of their use.

3.2             Where the provision of the Services will take more than one working day, we will, where reasonably possible, leave the Property in a clean and tidy state and minimise any disruption to your use and enjoyment of the Property while work is being carried out. We will, wherever possible, store all tools and materials only in areas where work is being carried out.

3.3             We may, at out discretion, deliver, or arrange for the delivery, of Materials and/or equipment to the Property. These will remain our property at all times. Upon delivery you will take appropriate measures to ensure safekeeping of the Materials  and/or equipment.

3.4             Where any damage occurs to the work, tools, equipment or materials at the Property in our absence, we may charge an additional fee in respect of this.

3.5             The surfaces on which the finish is to be applied must be in the condition usually necessary for painting. Where the surfaces are not in appropriate condition, we may:

3.5.1         appropriately prepare the surfaces, for which we will not be liable for any delay to the Completion Period (as defined in clause 5) and for which we may charge an additional fee; or

3.5.2         terminate this agreement without providing a refund.

1.  Guarantee

4.1             Subject to clause 9.2 and the limitations on our liability in clause 13, PPW guarantees the work carried out through the Services and any goods and materials used in the Services for a period of 6 months from the end of the Completion Period (subject to and conditional upon payment in full by you for the Services). In the event that we have not carried out the Services with reasonable care and skill or that any goods or materials are defective or not fit for purpose then we shall carry out such further work as is necessary to remedy such unsatisfactory services or repair or replace any such defective goods or materials. We are not liable for wear and tear nor are we liable for damage to the works by other contractors or traders, accidents or negligence on your part or on the part for your contractors or traders.

4.2             We reserve the right to assess any work or goods and materials complained of before carrying out any additional work. If in our reasonable opinion the Services have been performed satisfactorily or the goods and materials are not defective then we may not carry out any such additional work or may charge you additional fees if we do so.

1. Time commitment

5.1             The Services will be carried out between the working hours of 8am and 5pm on weekdays which are not UK Public Holidays. Any variation of these working hours will be treated as a material change to the Services for which we may charge an additional fee and/or request a signed supplementary written agreement. 

5.2             We will endeavour to complete the Services in the time period set out in the Quotation or otherwise agreed between the parties (“Completion Period”). We cannot however guarantee to complete the Services within this period and time is not of the essence.

5.3             The Completion Period is based on your cooperation with us and the cooperation of any other contractors or professionals we may need to work with.

5.4             We reserve the right to suspend provision of the Services if they cannot be carried out due to any of the following reasons:

5.4.1         You fail to provide us with access to the Property when required by us or anybody engaged by us to provide the Services;

5.4.2         You fail to provide us with any information about the Property that we may require in order for us to be able to carry out the Services properly;

5.4.3         You or any third party whose cooperation we require fail to cooperate with us;

5.4.4         You fail to make payment to us of any sum which is due to us;

5.4.5         You fail to ensure that the environment in which the finish is being applied is dust free (please note that this is to ensure a proper finish; it is your responsibility to ensure that the area in which the finish is being applied is dust free and we will determine if this is the case);

5.4.6         We are unable to carry out the Services to the required standard for any other reason beyond our reasonable control;

For the purposes of this clause 5.4, ‘us’ shall include any third parties sub-contracted by PPW.

5.5             If we arrive at the Property to carry out the Services and we cannot proceed with the Services due to any of the reasons described in clause 5.4 above, we may charge for non-productive time as follows:

5.5.1         £45.00 plus VAT for the first hour; and

5.5.2         £40.00 plus VAT for every subsequent hour.

5.6             If we incur additional costs as a result of us being unable to carry out the Services due to any of the reasons described in clause 5.4 (including, without limitation, any storage costs for products and materials that we have been unable to use) then we reserve the right to pass any such costs on to you and these shall be payable in addition to our other fees.

5.7             We shall not be liable to you or subject to any reduction in our fees should you suffer any loss as a result of us not completing the Services by the end of the Completion Period due to any of the reasons given in clause 5.4 above.

1. The Property

6.1             Our fees estimate, the Completion Period and any recommendation as to the services we believe you require has been provided on the basis of information, scope of work and specification provided by or agreed with you. Where appropriate, this may include an inspection of the Property. We shall not be liable if we cannot carry out the Services in the manner originally envisaged due to any facts or circumstances which were not disclosed to us or, where a visit to the Property was undertaken, which were not immediately apparent from that visit.

6.2             We reserve the right to amend the Quotation or charge you for any additional Services that are required in the event that facts or circumstances become apparent (which were not disclosed to us and, where a Property visit was undertaken, were not immediately apparent from our visit to the Property) which are likely to impact on our provision of the Services by requiring additional work by us.

6.3             You must provide all information that we may reasonably require for the purposes of carrying out the Services including any information about the Property (where a visit to the Property was undertaken, this includes information which was not immediately apparent from that visit).

6.4             It is your responsibility to move or remove any personal property or effects at the Property before we start carrying out the Services in order to ensure that they are not damaged in any way as a result of us carrying out the Services.

6.5             On the Start Date, and throughout the period during which the Services are being provided, all areas in which we will be working must be kept clear, accessible, and ready for us to operate in, whether or not we attend the Property at that time.

6.6             Electricity, water and other amenities are to be provided at all times whilst we attend the Property.

1. Additional client obligations

7.1             You agree that you shall:

7.1.1         Co-operate fully with PPW in all matters relating to the Services;

7.1.2         Obtain all necessary licences, permissions and consents which may be required for the Services before the date on which we actually start work (“Start Date”) and maintain such licences, permissions and consents throughout the Completion Period (including planning permission or the consent of any third party with an interest in the Property).

7.2             You will not, without the consent of PPW, at any time from the date of this Agreement until the expiry of twelve (12) months from the completion of the Services, solicit or seek to employ any person performing services for, with or employed by PPW.

1. Completed Services

8.1             Following provision of the Services, surfaces adjacent to those on which our finishes were applied may need to be redecorated due to markings caused by the removal of masking tape.

8.2             When carrying out redecoration works, please ensure that due care is taken, especially when masking tape is applied over the finish. Please use only the minimum amount of high quality masking tape and remove it at earliest opportunity.

8.3             Due to the nature of the finish, it will not be possible for us to make touch-ups or repairs without these being noticeable.  Any damage to the finish caused by you or third parties will be at your own liability.

1. Goods and materials

9.1             We warrant that all goods and materials used in the provision of the Services shall for a period of 6 months from the end of the Completion Period (subject to and conditional upon payment in full by you for the Services):

9.1.1         conform with their description;

9.1.2         be free from material defects in design, material and workmanship;

9.1.3         be of satisfactory quality (within the meaning of the Supply of Goods and Services Act 1982); and

9.1.4         be fit for any purpose held out by PPW.

9.2             We shall not be liable for any goods and materials used in the provision of the Services failing to comply with the warranty in clause 9.1 if:

9.2.1         the defect arises because you failed to follow our instructions as to the use or maintenance of the goods or materials;

9.2.2         the defect arises as a result of us following any drawing, design or specification supplied by you;

9.2.3         you alter or repair such goods and materials without first consulting with us;

9.2.4         the defect arises as a result of fair wear and tear;

9.2.5         the defect arises as a result of wilful damage, negligence, or abnormal working conditions caused by you or any third party;

9.2.6         the goods and materials differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards.

1. Fees and payment

10.1          The fees payable by you to us in respect of the Services will be those set out in the Quotation (“the Fees”) or as further specified by us.  

10.2          You must make payment of the Fees in accordance with the payment terms set out below, unless other payment terms are set out in the Quotation, in which case, you must make payment of the Fees in accordance with the payment terms set out in the Quotation.

10.3          The payment terms are as follows:

10.3.1      50% of the Fees shall become payable 14 days before the first day on which we are due to commence the Services (“Deposit”);

10.3.2      45% of the Fees shall become payable after we have applied the underlying plasterworks and prior to the sealing being applied to the plasterworks (“Interim Payment”);

10.3.3      5% of the Fees shall become payable within 14 days after Services have been completed (“Final Payment”).

10.4          We will not be required to seal the plasterworks until the Interim Payment has been made in full.

10.5          If any sums are outstanding and due for payment to us we reserve the right to immediately suspend the provision of any further Services without further recourse to you.

10.6          Where the Services are provided to you as a designer, architect, contractor or other professional as part of a project managed by you, you will be responsible for the payment of the Fees whether or not you have received payment from your end-client.

10.7          You will be liable to pay additional fees to us in such circumstances where we are required to provide alternative or additional Services or required to repeat the performance of Services already provided as a result of your actions or the actions of a third party who has also contracted to provide related services.

10.8          We shall be entitled to charge interest on any overdue sum at the rate of 3% over the base rate of the Bank of England from time to time (such interest to accrue and to compound with the principle sum on a weekly basis). 

10.9          We shall be entitled to charge an administration fee of £350.00 plus VAT in respect of any overdue payment of the Fees. Our administration fee will be due in the event that any invoice issued by us is overdue for a period of 7 days or more.

10.10       Payment shall be made without any set-off, deduction or counter-claim.

1. Cancellation

11.1          If you are engaging PPW’s Services as a domestic customer:

11.1.1      Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this Agreement 14 days after entering into it without giving any reason and without being liable for any payment.

11.1.2      Where the Start Date is within the 14 day cancellation period under the Consumer Contracts (information, cancellation and additional charges) Regulations 2013, you are expressly agreeing to the Services commencing within the cancellation period and you accept that you will be liable to pay an amount proportionate to those Services provided in the cancellation period.

11.1.3      If you wish to cancel this Agreement you should do this by sending a written notification of this to PPW (this includes by way of email) and you may use the cancellation form attached although you are not obliged to do so.

11.2          Please note that if you cancel the Services after we have started providing the Services, you will be liable to pay a proportionate amount in respect of those Services already performed.

11.3          The cancellation right above will not apply if you are engaging us in the course of business and are not a domestic customer. For the avoidance of doubt, you are not a domestic customer if you are engaging PPW’s Services as a business or otherwise in the course of trade, even if your customer or client is a domestic customer.

11.4          If you are a business customer then the Deposit will not be refunded if you cancel after payment of the Deposit and you will be liable for paying any further charges which are due on cancellation. 

1. Term and Termination

12.1          This Agreement shall come into force on the day you confirmed acceptance of the Quotation.

12.2          Provision of the Services shall start on the date agreed between us (provided that we are able to start work on the relevant date) and shall, subject to prior termination provided for under this Agreement, continue until the end of the Completion Period or the date on which all the Services have been carried out, if later.

12.3          We will be entitled to terminate the Agreement (and any Services then being provided to you) on notice to you in the event that:

12.3.1      you fail to pay any invoice when due; or

12.3.2      you fail to co-operate with us in the performance of the Services; or

12.3.3      you are in material breach of any other provision of the Agreement and, if the breach is capable of remedy, have failed to remedy that breach within 30 days.

12.4          All terms of this Agreement which are capable of surviving termination will continue in full force and effect following termination of this Agreement.

1. Liability

13.1          You agree that our liability in respect of any loss under the Agreement with you shall be limited in accordance with these terms and conditions.

13.2          Nothing in this Agreement shall limit or exclude our liability for death or personal injury, fraud or fraudulent misrepresentation arising as a result of our negligence or the negligence of our employees, agents or sub-contractors.

13.3          Subject to clause 13.2, PPW will not be liable to you in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any: a) loss of profits; b) loss of business; c) depletion of goodwill; d) loss or corruption of data or information; e) loss of anticipated savings; f) loss of bargain; g) pure economic loss; or h) special, indirect or consequential loss whatsoever.

13.4          The total liability of PPW, including the liability of our employees, agents, sub-contractors in relation to the Services will (except in relation to liability as set out in clause 13.2) be limited to the amount paid by you to us under this Agreement. .

13.5          No claim may be brought against PPW in relation to any Services more than 1 year following the end of the Completion Period.

13.6          We will not be liable if any loss or damage arises as a result of a) your failure to cooperate with us under the Agreement; b) the negligent or wilful acts or omissions of you or any of your other contractors or traders.

13.7          We will not be liable to any party other than the party named in our Quotation.

13.8          You accept that the limitations of our liability set out above are reasonable in all the circumstances.

1. Intellectual Property and Confidential Information

14.1          We shall own all intellectual property rights (including copyright) in drawings, photographs and plans and all other work produced in the performance of the Services and generally assert our moral rights and all other rights to be identified as the author of such work.

14.2          Each party agrees with the other not to divulge or allow to be divulged any confidential information relating to the other’s business or affairs other than to its employees, associates or contractors who are subject to appropriate non-disclosure undertakings (if required), or where the other party has consented to such disclosure or where required by law to make such disclosure. Either party may upon termination of this Agreement require by notice in writing to the other party the destruction or return of any confidential material in that party’s possession.

14.3          We shall be entitled to refer to the provision of Services to you for any purpose in connection with our business including for the purposes of marketing materials and use on our website.

1. General

15.1          No term of the Agreement will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.

15.2          Each of the parties warrants its power to enter into the Agreement and has obtained all necessary approvals to do so.

15.3                 Both parties shall be released from their respective obligations in the event of national emergency, war, pandemic, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of the Agreement impossible. .

15.4          Each party acknowledges that these terms and conditions and the Quotation contain the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it.

15.5          Any notice to be served on either of the parties by the other shall be sent by pre-paid recorded delivery, registered post, fax or email to the address of the relevant party shown in the Quotation, at the start of this Agreement or such other physical or electronic address as may be notified by one party to the other.

15.6          This Agreement may be executed in any number of counterparts and by the parties to it on separate counterparts, each of which will be an original and all of which together shall constitute one instrument. This Agreement shall not be effective until each of the parties has executed at least one counterpart.

15.7          If any provision of this Agreement is, or is found to be, illegal, invalid or unenforceable, the remaining provisions shall continue in full force and effect and shall not be affected by such illegality, invalidity or unenforceability.

15.8          Failure by us to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver by us of them or the right at any time subsequently to enforce all terms and conditions of this Agreement.