The Final Touch

THE CLIENT'S STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY ANY OF THE PROVISIONS OF THIS AGREEMENT.

1. Estimates and Orders
   • 1.1 The Final Touch (London) Limited ("The Final Touch") shall attend the Client's property (the "Property") to carry out a preliminary consultation with the Client and, if appropriate, prepare an estimate (the "Estimate"). The Estimate shall recommend the action to be taken to make the Property more marketable and shall be accompanied by these Terms and Conditions.
   • 1.2 Unless otherwise stated, any Estimate issued by The Final Touch is valid only for 30 days from the date thereof.
   • 1.3 If the Client does not wish to proceed with the action recommended by The Final Touch, The Final Touch shall charge £75 per hour plus VAT for attending the Property, carrying out the preliminary consultation, travelling to and from the Property (unless the Property is within a 2 mile radius of The Final Touch's offices) and preparing the Estimate (if any). The Client shall pay these charges within 5 days of the date of The Final Touch's invoice.
   • 1.4 If the Client wishes to proceed he/she must return the Estimate duly signed to confirm his/her agreement to the Estimate and these Terms and Conditions in which event no charge shall be made pursuant to clause 1.3.
   • 1.5 The Estimate shall include a general description of the services to be provided including the works to be carried out and the goods and materials to be supplied. However, The Final Touch shall be entitled at its sole discretion to vary the services (in particular but not limited to the goods and materials supplied) PROVIDED ALWAYS that the total price charged by The Final Touch does not exceed the total price set out in the Estimate. In all other cases the Client shall not be liable to pay any sum in excess of the price set out in the Estimate unless previously agreed.
   • 1.6 The Estimate may contain items which are stated to be provisional sums. This means that the approximate cost of the item is unknown at the date of the Estimate. The Final Touch shall use its best endeavours to ascertain such cost and agree it with the client before incurring it on the Client's behalf. However, if this is not possible the Client shall pay the actual cost of the item and in which case the total price set out in the Estimate shall be adjusted accordingly.
   • 1.7 The Client may cancel the contract at any time by giving notice in writing to The Final Touch at its usual business address in which case the Client shall be liable to pay The Final Touch for the services provided (including but not limited to the works carried out and the goods and materials supplied or ordered on the Client's behalf) to the date of cancellation.
2. Timescales
   • As soon as it is able to do so The Final Touch shall specify the date on which it intends to commence the services and the estimated completion date. All such dates shall be approximate only and while The Final Touch shall use its reasonable endeavours to meet the estimated completion date The Final Touch shall not be liable for any delay in completion and time shall not be of the essence of the Agreement.
3. Client's Obligations
   • The Client shall:-
   • 3.1 permit The Final Touch, its employees, sub-contractors, agents and other appointed representatives access to the Property at all reasonable times for the purposes of providing the services, delivering goods and materials and/or carrying out works;
   • 3.2 ensure a supply of water and power at the Property sufficient for the purpose of carrying out works and such services shall be supplied at no cost to The Final Touch;
   • 3.3 be responsible for any loss or damage to any goods, materials, tools or equipment delivered to or stored at the Property except to the extent that such damage arises from The Final Touch's failure to take reasonable care; and
   • 3.4 be responsible for home contents insurance to cover all items loaned to the Client by The Final Touch for the entire duration of the loan including but not limited to antique furniture.
4. The Final Touch's Obligations
   • 4.1 Any goods and materials supplied by The Final Touch shall be of satisfactory quality and fit for their purpose.
   • 4.2 If the Client requires any particular goods and materials to be supplied by The Final Touch he/she must provide written details of these when returning the Estimate pursuant to clause 1.4. In the absence of such specification the goods and materials supplied shall be selected at The Final Touch's absolute discretion and the Client shall not be entitled to reject goods and materials selected by The Final Touch unless they have been supplied in breach of clause 4.1.
   • 4.3 If the Client requests that The Final Touch use goods or materials supplied by him/her for the purposes of providing the services, The Final Touch shall do so on the strict understanding that The Final Touch has no responsibility as to their quality or suitability. Any losses or damages which may flow from the use of such goods or materials will be the sole responsibility of the Client.
   • 4.4 The Final Touch shall provide the services using reasonable care and skill.
   • 4.5 The Final Touch shall not be liable for any defect in any goods and materials supplied and any works carried out which arise from fair wear and tear, wilful damage, negligence of the Client, failure to follow The Final Touch's instructions (whether oral or in writing) or alterations made without The Final Touch's approval.
   • 4.6 The Final Touch is under no obligation to produce receipts to the Client for goods or materials supplied except in the case of electrical appliances which are under the manufacturer's guarantee.
   • 4.7 Whilst the services supplied by The Final Touch are designed to make the Property more marketable The Final Touch gives no guarantee that the Property will be sold or rented following completion of the services.
5. Price and Payment
   • 5.1 The price is exclusive of applicable VAT.
   • 5.2 Unless otherwise agreed in writing by The Final Touch a payment equivalent to 50% of the total price shall be payable prior to commencement of the works and supply of the goods and materials. The Client should note that commencement of the works and supply of the goods and materials will not take place until The Final Touch has received this payment in cleared funds.
   • 5.3 All payments shall be payable within 5 working days from the date of request.
   • 5.4 The balance of the total price shall be payable within 5 days from the date of completion of the contract.
   • 5.5 Payments may be made in cash, by bank draft or by cheque with a supporting card.
   • 5.6 Should the Client fail to pay any invoice submitted by The Final Touch, The Final Touch may, without prejudice to any other right or remedy available to The Final Touch charge the Client interest (both before and after judgement) at the rate of 4% per annum above the base rate of Barclays Bank Plc from the due date until payment in full is made.
   • 5.7 Ownership of the goods and materials supplied and paid for by The Final Touch or its agents, whether installed or not, shall not pass to the Client until all invoices rendered by The Final Touch to the Client have been paid in full and until such time the Client shall keep the goods and materials in good repair and condition and properly protected and insured.
6. General
   • 6.1 This Agreement supersedes any prior agreement (oral or in writing) between the parties. The parties acknowledge that this Agreement contains the whole agreement between them and that the Client has not relied upon any oral or written representations made by The Final Touch or its employees or agents.
   • 6.2 The Final Touch shall not be liable for any failure to perform its obligations under this Agreement due to unforeseen circumstances or beyond its control including without limitation adverse weather conditions, flood or fire.
   • 6.3 This Agreement shall be governed by English Law and the parties shall submit any dispute arising hereunder to the exclusive jurisdiction of the English Courts.