| Author: | Alasdair Taylor |
| Updated: | 25 January 2021 |
| Length: | 17 pages |
| Notes: | 18 pages |
| Format: | MS Word (.DOCX) |
Our painting and decorating services terms and conditions of business offer a framework for a service provider to establish a clear contractual relationship with its customers. They allow the parties to address a number of matters that might otherwise lead to misunderstanding or conflict if not explicitly set forth in an agreement. In particular, the template includes provisions that discuss the quality and ownership of materials, work standards and working conditions, as well as fees and payment.
Our terms and conditions protect the service provider in a number of ways. Notably, the T&Cs address the issue of ownership and recovery of painting materials. This is important because the service provider will often need to store materials at the customer site while completing the job, and it may otherwise be unclear whether it can recover these materials in case of early cancellation or non-payment. These T&Cs allow the provider to retrieve its materials or take legal action until ownership has passed to the customer in the manner described in the document.
The template contains clauses allowing the provider to clarify what obligations the customer has, so that the painting services can be undertaken in the best circumstances. These obligations may include, for example, an obligation to clear the space to be painted or to allow the service provider access to water and electricity. The customer's obligations may also include undertakings related to health and safety or insurance. These provisions permit the provider to be sure that its employees will be able to complete the work in a suitable environment and without incurring undue risk.
The painting and decorating services terms and conditions of business also give the provider some flexibility in the case of the tight scheduling of appointments or employee absences, such that late arrivals or cancellations will not necessarily be treated as breaches of the agreement. The template also protects the painter by including clear payment terms, including late payment clauses and an option to allow the painter to modify its fees in line with general increases in consumer prices. Finally, the template includes limitations on the painter's liability to the fullest extent allowed by law, as well as optional provisions to deal with special types of losses (eg lost profits or consequential damages).
Even with these protections, the template remains relatively balanced, as it also places a number of obligations on the painting and decorating service provider. In particular, the provider must assure an agreed-upon quality of service and may be obligated to fulfil additional requirements regarding its personnel and customer directives. If charges are time-based, the provider must keep a faithful record of hours worked so that the customer can verify the accuracy of bills. Also, the provider must keep secret any confidential information it obtains in course of completing the work.
A final note regarding this template: the T&Cs are prepared so as to allow drafters flexibility in setting the final terms. These T&Cs in their fullest form can be used for both business and individual customers and include rights of cancellation for consumers that reflect the requirements of the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 governing distance contracts. The T&Cs can equally be tailored to the particular needs of each painting and decorating services provider.
