Painting and Decorating Terms & Conditions
1. About Painting and Decorating Terms
These Terms & Conditions apply to painting, decorating, wallpapering, surface preparation and related services provided by Artur Ovod trading as APpartners Painting & Decorating (“APpartners”, “we”, “us” or “our”).
When you accept our quotation or otherwise confirm that you wish us to proceed, the agreement will normally consist of the written quotation, the agreed scope or specification, these Terms & Conditions and any later written variations agreed between you and APpartners.
Nothing in these Terms & Conditions affects any statutory rights you may have as a consumer under applicable law.
Business details:
Artur Ovod trading as APpartners Painting & Decorating
Email: info@appaintinganddecorating.co.uk
Telephone: 07561 470115
For consumer contracts, any geographical business or correspondence address required by law will be provided directly in the quotation or other pre-contract information before the contract is concluded. Formal correspondence details are also available on request using the contact details above.
2. Quotations & Scope of Work
Quotations are based on the work described, the information supplied by the customer and the condition of surfaces and areas reasonably visible at the time of inspection, or visible in photographs where a quotation is prepared remotely.
The quotation covers only the work specifically included in the written scope. Anything not expressly included is not automatically included in the price.
Additional rooms, surfaces, repairs, preparation, colour changes, specification changes or other work requested or discovered after the quotation is accepted may be treated as a variation.
Where additional work is required, APpartners will explain the issue and, where reasonably possible, agree the additional work and any resulting labour or material cost before proceeding.
3. Quotation Validity
Unless stated otherwise in the quotation, quotations remain valid for 30 days from the date of issue.
A quotation does not reserve or guarantee a project start date until the quotation has been accepted and, where applicable, the required booking deposit has been received.
After the validity period has expired, APpartners may revise the quotation to reflect changes in labour costs, material prices, supplier pricing, availability or project requirements.
If information supplied by the customer or the requested scope changes after the quotation has been issued, the quotation may also need to be revised.
4. Hidden Defects & Existing Surface Conditions
Quotations are based on the condition of surfaces and areas that are reasonably visible or otherwise known when the quotation is prepared.
The quoted price does not automatically include defects or conditions that could not reasonably have been identified beforehand, including:
• unstable or blown plaster;
• rotten or deteriorated timber;
• failed or poorly adhered previous coatings;
• hidden cracks or movement;
• damp, water ingress, mould or condensation;
• salts or efflorescence;
• silicone, wax, grease or other surface contamination;
• concealed wallpaper or adhesive residues;
• defective previous repairs or workmanship;
• structural movement;
• inaccessible or concealed areas; or
• other defects discovered once preparation, stripping or removal work begins.
If additional work becomes necessary because of such conditions, APpartners will explain the issue and, where reasonably possible, agree any additional work, cost and effect on the programme before proceeding.
5. Preparation & Expected Finish
APpartners will perform the agreed decorating services with reasonable care and skill.
We will carry out the preparation included within the agreed quotation using reasonable care and skill.
Filling, sanding, caulking, priming, stain blocking and minor repairs are carried out where included and reasonably necessary for the agreed finish.
Decorating improves existing surfaces but does not automatically make old plaster, timber, walls or ceilings equivalent to newly plastered or newly manufactured surfaces. Historic movement, patch repairs and age-related imperfections may still be visible to some extent.
Unless extensive resurfacing, re-plastering or specialist repair has been specifically included in the quotation, minor historic imperfections may remain.
Filling, caulking and localised repairs cannot guarantee that cracks, joints or movement will never reappear where they are caused by building movement, settlement, vibration, moisture changes, timber movement or movement within the underlying substrate.
New plaster, repair compounds, timber, masonry and other substrates must be sufficiently dry and ready to receive the specified coating. Where additional drying or curing time is reasonably required, the programme may need to be adjusted.
6. Dust-Extracted Sanding
Where suitable, we use professional dust-extraction sanding equipment to significantly reduce airborne dust during preparation.
The process is not dust-free. Dust extraction greatly reduces, but cannot eliminate, all dust generated during preparation and decorating. Some dust and disruption are unavoidable.
7. Materials & Product Selection
We normally supply professional or trade-quality products appropriate to the agreed surface and finish.
Product selection may take account of:
• the condition and type of substrate;
• durability and expected use of the area;
• manufacturer guidance and technical data;
• application requirements; and
• the required finish and appearance.
Where a specific product or brand has been agreed, we will not normally substitute it without discussing this with you, unless the original product becomes unavailable, discontinued or clearly unsuitable. In that case, we may propose a suitable alternative.
8. Customer-Supplied Materials
Where you supply paint, wallpaper or other materials, you are responsible for ensuring that sufficient quantities, correct colours, batch numbers and suitable products are available when required.
We are not responsible for manufacturing defects, colour variation between batches, insufficient quantities, suitability problems or delays caused by customer-supplied materials, except where we have expressly agreed in writing to take responsibility for selecting or supplying those materials.
Any additional time caused by unsuitable, defective or insufficient customer-supplied materials may be chargeable.
9. Colour & Sample Approval
You are responsible for approving final colours, finishes and specifications before the relevant materials are ordered or applied.
Colours shown on screens, photographs, printed colour cards or digital visualisations may differ from the finished coating.
Where colour accuracy is particularly important, you should approve a physical sample or test area before full application.
Changes requested after materials have been purchased or work has begun may be treated as a variation and may result in additional labour and material charges.
Exact matching to an existing or aged coating cannot be guaranteed, even where the same colour name, reference or formula is used. Existing paint may have faded or changed with age, and differences in substrate, sheen level, product formulation, batch and lighting can affect the finished appearance.
10. Wallpapering
Walls must be reasonably suitable for wallpapering. Existing wallpaper, paint, plaster and substrates may conceal defects that only become apparent once preparation or stripping begins.
Additional preparation discovered after existing wallpaper is removed – such as blown plaster, loose coatings, damp staining or poor previous repairs – may be chargeable if it could not reasonably have been identified beforehand.
Where wallpaper is supplied by you, we are not responsible for:
• manufacturing or print defects;
• colour or batch variation;
• pattern mis-registration;
• faults in the paper itself.
Pattern matching and normal material wastage must be allowed for when estimating quantities. We will use reasonable care and skill when hanging wallpaper in line with the manufacturer’s instructions.
11. Booking and 25% Deposit
11.1. A booking deposit of 25% of the agreed quotation is required to secure the project and reserve the agreed working dates, unless otherwise agreed in writing.
11.2. The booking is not confirmed and the proposed dates are not guaranteed until the quotation has been accepted and the required deposit has been received.
11.3. The deposit forms part of the total contract price and will be deducted from the final balance. It is not an additional charge.
11.4. Once a booking is confirmed, APpartners Painting & Decorating reserves the allocated working time and may decline other enquiries or work opportunities for those dates.
11.5. Cancellation of a confirmed booking, including the possible retention of some or all of the deposit where cancellation occurs less than 14 calendar days before the agreed start date, is governed by Section 13, subject to applicable statutory cancellation rights under Section 12.
12. Consumer Cancellation Rights
12.1. Statutory Right to Cancel
Where a client is acting as a consumer and the contract qualifies as a distance or off-premises contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the client will normally have a statutory right to cancel within 14 calendar days without giving a reason.
For a qualifying service contract, this period normally begins on the day after the contract is entered into.
The availability of statutory cancellation rights depends on how the contract was concluded and any applicable legal exemptions.
12.2. Pre-Contract Information
Where legally required, APpartners Painting & Decorating will provide the client with the relevant pre-contract information, statutory cancellation instructions, geographical business address and model cancellation form before the client becomes bound by the contract.
This information will be supplied in the manner required by applicable law.
12.3. How to Cancel
Where a statutory cancellation right applies, the client may cancel by giving APpartners Painting & Decorating a clear statement of their decision to cancel.
Notification may be sent by email to:
info@appaintinganddecorating.co.uk
The client is not required to use the model cancellation form.
12.4. Requesting Work During the Cooling-Off Period
Where the client wishes work to commence before the statutory cancellation period has expired, APpartners Painting & Decorating will obtain the client's express request before starting, in the form required by law.
For qualifying off-premises contracts, this request must be made on a durable medium, such as an email.
Where legally required, the client must also acknowledge that the statutory cancellation right may be lost once the requested services have been fully performed.
12.5. Cancellation After Work Has Commenced
If the client validly cancels during the statutory cancellation period after expressly requesting early commencement, APpartners Painting & Decorating may be entitled to a proportionate payment for services already provided up to the point of cancellation, where permitted by law.
Any such payment will be calculated in accordance with applicable statutory requirements.
12.6. Full Completion During the Cooling-Off Period
Where the services have been fully performed during the statutory cancellation period following the necessary express request and acknowledgement, the client may lose the statutory right to cancel once the services have been fully completed, where permitted by law.
12.7. Refunds and Statutory Protection
Any refund due following a valid statutory cancellation will be made within the period required by law, subject only to deductions legally permitted.
Statutory cancellation rights take precedence over the general cancellation and deposit provisions in Sections 11 and 13.
Nothing in these Terms & Conditions restricts the client's statutory consumer rights.
13. Cancellation by the Customer (General Policy)
13.1. General Conditions
The client must notify APpartners Painting & Decorating as soon as reasonably possible if they wish to cancel a confirmed booking.
This section applies subject to any applicable statutory cancellation rights, including the rights explained in Section 12.
13.2. Cancellation 14 Calendar Days or More Before Commencement
Where the client cancels at least 14 calendar days before the scheduled start date, the 25% booking deposit will be refunded, less any reasonable, non-recoverable and legally recoverable project-specific costs or losses already incurred as a direct result of the booking.
These may include specially ordered non-returnable materials or other reasonable commitments made specifically for the project.
13.3. Cancellation Less Than 14 Calendar Days Before Commencement
Where the client cancels less than 14 calendar days before the agreed start date, APpartners Painting & Decorating reserves the right to retain up to the full 25% booking deposit as reasonable compensation for losses resulting directly from the cancellation.
These may include:
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Lost profit arising from working dates reserved for the cancelled project that cannot reasonably be filled with replacement work.
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Reasonable project-specific administration, preparation and planning costs already incurred.
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Non-returnable materials or other reasonable costs committed specifically to the project.
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Other reasonable and legally recoverable losses directly resulting from the cancellation.
13.4. Replacement Work Cannot Be Guaranteed
APpartners Painting & Decorating allocates its working schedule in advance and may decline alternative work to accommodate a confirmed booking.
Where cancellation occurs at short notice, securing suitable replacement work may be difficult or impossible.
APpartners Painting & Decorating cannot guarantee that cancelled dates will be filled with alternative work, even where reasonable efforts are made to minimise the resulting losses.
13.5. Retention and Refund of Deposit
Where the reasonable and legally recoverable cancellation losses equal or exceed the amount of the 25% deposit, the full deposit may be retained.
Where those losses are lower than the deposit, the remaining balance will be refunded.
APpartners Painting & Decorating will take reasonable steps to minimise losses, account for relevant replacement income and avoid recovering the same loss more than once.
13.6. Statutory Consumer Rights
Nothing in this section restricts applicable statutory cancellation rights, permits unfair or disproportionate cancellation charges, or removes the client's rights where cancellation is legally justified by a breach of contract by APpartners Painting & Decorating.
14. Postponement & Rescheduling
14.1. Customer-Requested Postponement
Where the client requests to postpone or reschedule confirmed works, APpartners Painting & Decorating will make reasonable efforts to accommodate the request.
However, alternative dates cannot be guaranteed and will depend on existing bookings, business commitments and availability.
14.2. Postponement Within 14 Calendar Days
Where the client requests a postponement with less than 14 calendar days' notice before the agreed start date, and the original working dates can no longer be used for the booked project, APpartners Painting & Decorating may incur losses equivalent to those arising from a cancellation.
In these circumstances, APpartners reserves the right to recover reasonable and legally recoverable losses directly resulting from the postponement, including lost profit from working dates that cannot reasonably be filled with alternative work and unavoidable project-specific costs.
Any such charges will be assessed consistently with the principles in Section 13, taking account of reasonable steps to minimise losses and avoiding double recovery.
14.3. Booking Deposit
Where the client requests alternative dates and APpartners agrees to reschedule the project, the existing 25% deposit will normally remain allocated towards the agreed project price.
Any reasonable additional costs arising from the postponement will be explained and agreed where applicable.
Where a postponement amounts to cancellation of the original booking, any proposed retention or refund of the deposit will be assessed in accordance with Section 13 and applicable consumer law.
14.4. Repeated or Indefinite Postponements
Where the client repeatedly postpones the works, cannot confirm a reasonable alternative start date or requests a substantial delay, APpartners Painting & Decorating may decline to reserve further dates indefinitely.
Where appropriate, APpartners may propose a new quotation reflecting current labour rates, material costs, availability and project requirements.
If the parties cannot agree on revised arrangements, any termination, cancellation charges or refund will be determined in accordance with the contract and applicable law.
14.5. Project-Specific Costs
Reasonable non-recoverable expenditure incurred specifically for the project, including specially ordered materials, may remain payable where legally recoverable.
APpartners will take reasonable steps to minimise avoidable costs and will not recover the same loss twice.
14.6. Statutory Rights
Nothing in this section restricts applicable statutory cancellation rights, permits disproportionate postponement charges or removes the client's rights where postponement is reasonably necessary because of a breach of contract by APpartners Painting & Decorating.
15. Cancellation or Delay by APpartners
15.1. Reasonable Efforts to Meet Agreed Dates
APpartners Painting & Decorating will make reasonable efforts to commence and complete the agreed works on the scheduled dates.
Start dates, project durations and completion dates may occasionally need to change due to circumstances including:
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Illness, injury or personal emergencies.
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Unforeseen delays to earlier projects.
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Adverse weather or unsuitable working conditions.
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Supplier delays or material shortages.
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Unexpected defects or unsuitable substrate conditions.
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Restricted access or delays caused by the client or other contractors.
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Other circumstances outside APpartners' reasonable control.
15.2. Notification and Rescheduling
Where a significant delay becomes apparent, APpartners Painting & Decorating will notify the client as soon as reasonably practicable and discuss alternative arrangements.
Any revised dates will be agreed where reasonably possible, taking account of existing business commitments and availability.
APpartners will take reasonable steps to minimise avoidable disruption.
15.3. Cancellation by APpartners
Where APpartners Painting & Decorating is unable to undertake the agreed works and the contract is lawfully cancelled, any deposit or advance payment relating to work or materials not supplied will be refunded, subject to applicable law.
Payment may remain due for work properly completed or materials already supplied and accepted under the contract, where legally recoverable.
APpartners will not automatically retain a booking deposit or charge the client for unused materials or unperformed services where cancellation is caused by APpartners' own breach of contract.
15.4. Client's Rights
Nothing in this section removes the client's right to cancel, seek an appropriate refund or pursue other remedies where APpartners fails to fulfil its contractual or statutory obligations.
Where an agreed completion date is legally binding or time is essential under applicable consumer law, the client's relevant rights remain unaffected.
15.5. Statutory Rights
Nothing in this section excludes liability for negligence, breach of contract or failure to provide services with reasonable care and skill, or restricts the client's statutory consumer rights.
16. Project Dates & Completion Times
Project durations and completion dates are given in good faith as estimates, unless we expressly agree otherwise in writing.
They may change because of:
• additional work or variations;
• drying and curing times;
• surface conditions and hidden defects;
• access restrictions;
• customer changes or delays;
• the presence and timing of other trades;
• weather and product requirements;
• events outside our reasonable control.
We will keep you informed of material changes to the programme where reasonably possible.
17. Working Hours
Standard working hours are normally around 8:00am to 5:00pm, Monday to Friday, although this may vary depending on the project, location, site rules and progress.
We do not guarantee fixed daily arrival or departure times unless specifically agreed in writing.
18. Access to the Property
You must provide reasonable access to the property and agreed work areas during arranged working periods.
Where keys, access codes or other access arrangements are provided, we will use them only for the agreed project and will take reasonable care of them.
Delays caused by unavailable or restricted access may extend the project and may result in reasonable additional charges where we incur extra cost.
19. Water, Electricity & Facilities
Unless agreed otherwise beforehand, reasonable access to electricity, clean water and basic washing/toilet facilities should be available while work is carried out.
If these will not be available, please tell us in advance so that we can discuss suitable arrangements. Additional costs arising from lack of basic facilities may be chargeable where reasonable.
The customer should also provide reasonable heating and ventilation where required for preparation materials, paints, primers, adhesives or other coatings to dry and cure correctly.
Drying and curing times depend on temperature, humidity, ventilation, substrate conditions and the products being used. Where site conditions materially delay drying or curing, the project programme may need to be extended.
20. Customer Responsibilities Before Work Starts
Before work starts, we ask you to:
• remove or safely store fragile, valuable and personal items from the working area;
• clear small belongings, ornaments and loose items from surfaces to be decorated;
• identify any particularly delicate or high-value items;
• ensure areas required for safe access remain reasonably clear.
Larger furniture may remain where previously agreed. We may move it towards the centre of the room and protect it where practical, but moving unusually heavy, delicate or specialist items is not included unless specifically agreed.
Unless specifically included in the written quotation, APpartners' work does not include the removal, disconnection or reinstatement of radiators, wall-mounted televisions, fitted furniture, blinds, curtain tracks, sanitaryware, electrical fittings, alarms, specialist equipment or unusually heavy items.
Where specialist disconnection or removal is required, this should be arranged by the customer using an appropriately competent trade unless APpartners has expressly agreed otherwise.
The customer should tell APpartners before work begins about any known leaks, damp, mould, suspected hazardous materials, defective surfaces, access restrictions, alarms or other conditions that could materially affect the work or site safety.
21. Children, Pets & Other Occupants
You are responsible for keeping children, pets and other occupants away from:
• active work areas;
• tools, ladders and equipment;
• materials and waste;
• freshly coated or drying surfaces,
where necessary for safety and to protect the finish.
22. Protection of the Property
We will take reasonable precautions appropriate to the project to protect floors, furniture and adjoining surfaces.
Protection may include:
• floor coverings;
• dust sheets and masking;
• plastic sheeting;
• dust extraction or other suitable measures.
The level and type of protection will depend on the work being undertaken and the surfaces present. We will take care to minimise mess and disruption, but decorating work cannot be carried out with absolutely no dust or disturbance.
23. Third-Party Work
We are not responsible for work carried out by builders, plasterers, electricians, plumbers, carpenters, flooring contractors, other decorators or other third parties unless that work was specifically supplied and controlled by us as part of the agreed scope.
Where defects in another trade's work affect the decorating finish, we will explain the issue where reasonably identifiable before proceeding.
Where the customer instructs APpartners to proceed over, around or following defective or incomplete work carried out by another person or contractor, APpartners cannot be responsible for subsequent defects in the decorating finish that are caused by that underlying third-party work.
24. Delay Caused by Other Trades or the Customer
Where we are unable to carry out the agreed work because an area is not ready, another contractor has not completed preceding work, access is unavailable, furniture or belongings have not been moved as agreed, utilities are unavailable, or another matter within your or another contractor's control prevents progress, the programme may be rearranged.
Any reasonable additional time or costs directly caused by such delay may be treated as a variation.
We are not responsible for consequential delays caused by other contractors or trades.
25. Changes & Variations During the Project
25.1. Changes to the Agreed Scope
Any changes to the original quotation or agreed scope of works, whether requested by the client or made necessary by previously unidentified conditions, will be treated as variations.
These may include additional preparation, repairs, surfaces, colour changes, materials, finishing requirements or other work not expressly included in the original quotation.
25.2. Agreement Before Additional Work
Before undertaking additional work, APpartners Painting & Decorating will explain the proposed variation and communicate any additional labour, materials or other charges.
The scope and price of the variation must be agreed with the client before the additional work begins, preferably in writing by email, SMS, WhatsApp or an updated quotation.
APpartners is not obliged to undertake additional work until the scope, cost and any necessary scheduling arrangements have been agreed.
25.3. No Free Additional Work
No additional work, however minor, is included free of charge unless APpartners Painting & Decorating expressly agrees otherwise in writing.
All additional work will be charged separately in accordance with Section 50.
25.4. Project Timescales
Variations may require additional materials, labour, preparation, drying time or return visits and may affect the agreed project schedule.
Any necessary changes to the programme will be communicated to the client, and revised dates will be arranged subject to reasonable availability.
25.5. Statutory Rights
Nothing in this section permits additional charges for correcting defective workmanship for which APpartners Painting & Decorating is legally responsible or restricts the client's statutory consumer rights.
26. Events Outside Our Reasonable Control
We will not be responsible for unavoidable delays caused by circumstances outside our reasonable control, including severe weather, serious illness, emergencies, utility failures, material shortages or supply disruption, unsafe site conditions, unexpected access restrictions or comparable events.
Where such circumstances materially affect the agreed programme, we will inform you where reasonably possible and make reasonable efforts to rearrange or continue the work as soon as practicable.
27. Photographic Project Records
We may take photographs before, during and after work to record existing conditions, pre-existing damage, protection measures, preparation, work in progress and completed workmanship.
These photographs may be retained as legitimate private project and workmanship records where reasonably necessary for administration, quality control, complaints, disputes or legal claims.
Private project records are separate from photographs selected for marketing use. Any public marketing use will remain consistent with our Privacy Policy and applicable data-protection requirements.
28. Privacy & Personal Information
Personal information relating to enquiries, quotations, bookings, projects, invoices, communications, photographic records and other business records is handled in accordance with the APpartners Privacy Policy published on this website.
The Privacy Policy should be read alongside these Terms & Conditions.
29. Complaints & Opportunity to Remedy
If you have a concern regarding workmanship, you should notify us as soon as reasonably practicable after becoming aware of the issue.
We must be given a reasonable opportunity to inspect the reported issue and, where we are responsible, to carry out reasonable remedial work.
You should not arrange for another contractor to alter or replace disputed work before we have been given a reasonable opportunity to inspect and, where appropriate, remedy it, except where urgent action is reasonably necessary.
Nothing in this clause removes or restricts your statutory rights as a consumer.
Where a concern relates to an alleged defect in APpartners' workmanship, photographs and other project records may be used to establish the condition before work, the preparation undertaken, the work completed and the condition at handover.
30. Responsibility for Loss or Damage
We will exercise reasonable care and skill while working at your property and will be responsible for loss or damage caused by a failure to exercise reasonable care and skill where required by law.
We are not responsible for pre-existing damage, inherent defects, hidden defects, defective substrates, structural movement, damp, water ingress, defective previous workmanship or damage caused by you, other occupants, other contractors, other trades or third parties.
Nothing in these Terms & Conditions excludes or restricts liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
31. Payment Methods
APpartners accepts payment by:
• bank transfer; and
• cash.
Credit cards, debit cards, PayPal, finance, instalment-payment facilities and other payment methods are not accepted unless specifically agreed in writing.
Payments will be recorded against the relevant quotation or invoice and a payment record or receipt can be provided where appropriate.
32. Residential Final Payment
Unless the written quotation states otherwise:
• the outstanding balance for residential work becomes due on completion of the agreed work; and
• authorised variations and additional work will be included in the final balance or relevant invoice.
We will provide appropriate invoice and payment records.
33. Unpaid Amounts
If an undisputed payment becomes overdue, we may:
• issue reminders;
• contact you to discuss the outstanding amount;
• where reasonable and lawful, suspend further work until payment is made;
• take proportionate steps to recover sums lawfully due.
We do not apply excessive or unfair penalties to consumer invoices. Any interest or recovery costs will only be claimed where legally permitted and in a reasonable manner.
This section applies to consumer customers. Separate statutory rights relating to late commercial payments may apply where the customer is acting in the course of a business, trade or profession.
34. Business-to-Business Losses
This clause applies only where you are acting in the course of a business, trade or profession and does not apply to residential consumers.
To the extent permitted by law, we will not be responsible for indirect or consequential business losses, loss of profit, loss of revenue, loss of business, loss of opportunity or similar commercial losses which were not reasonably foreseeable when the agreement was made.
Nothing in this clause limits any liability that cannot lawfully be excluded or restricted.
35. Severability
If any provision of these Terms & Conditions is found by a court or other competent authority to be invalid, unlawful or unenforceable, that provision will be treated as modified or removed only to the extent necessary.
The remaining provisions will continue to apply so far as legally permitted.
36. No Waiver
If we do not immediately enforce a particular provision of these Terms & Conditions, this does not mean that the provision has been waived or that we cannot rely on it later.
37. Entire Agreement
37.1. Contract Documents
The agreement between the client and APpartners Painting & Decorating consists of the accepted quotation, agreed scope of works or specification, these Terms & Conditions and any subsequently agreed variations.
37.2. Scope of Agreed Services
Only works expressly included in the agreed quotation or subsequently authorised variations are included in the contract price.
Additional work, informal requests, verbal discussions or customer expectations do not automatically extend the agreed scope or entitle the client to additional services without charge.
37.3. Changes to the Agreement
Any changes to the agreed scope, specification, materials, pricing or project arrangements must be agreed between the parties before implementation.
Changes should be recorded in writing wherever reasonably practicable, including by email, SMS, WhatsApp or an updated quotation.
Additional works and charges remain subject to Sections 25 and 50.
37.4. Pre-Contract Information and Representations
Nothing in this section excludes or overrides statements, representations, descriptions or pre-contract information that legally form part of the agreement or upon which the client is legally entitled to rely.
37.5. Statutory Rights
Nothing in this section excludes liability for fraud, fraudulent misrepresentation or breach of contract, or limits the client's statutory consumer rights.
38. Governing Law & Jurisdiction
These Terms & Conditions and contracts entered into under them are governed by the laws of England and Wales.
If you are a consumer, nothing in this section removes any mandatory right you may have to bring proceedings in another court where applicable law allows.
Where you are acting in the course of a business, trade or profession, the courts of England and Wales will have jurisdiction, subject to any different written provision contained in an agreed commercial contract.
39. Conflict with Separate Commercial Contracts
Where we carry out work for a builder, contractor, developer or other business under a separately signed subcontract or written commercial agreement, expressly agreed written terms in that contract will take precedence where they conflict with these standard Terms & Conditions.
All other provisions of these Terms & Conditions will continue to apply where they are compatible with that separate agreement.
40. Parking, Permits & Site-Related Charges
40.1. Parking and Access Requirements
The client should inform APpartners Painting & Decorating before accepting the quotation of any known parking restrictions, permit requirements, loading restrictions, congestion charges, tolls or other site-specific access requirements that may affect the works.
40.2. Additional Charges
Where reasonable parking, permit, toll or other necessary site-access costs were not included in the original quotation and become necessary to carry out the agreed works, APpartners Painting & Decorating will inform the client of the additional costs and obtain their agreement before incurring them.
Such costs will be charged separately unless expressly included in the agreed quotation.
40.3. Customer-Provided Parking
Where the client has agreed to provide suitable parking or necessary permits, these arrangements must be available during the agreed working periods.
Any reasonable additional costs or delays directly resulting from the client's failure to provide previously agreed arrangements may be chargeable in accordance with Sections 25 and 54.
40.4. Reasonable Costs and Statutory Rights
APpartners Painting & Decorating will take reasonable steps to avoid unnecessary charges.
APpartners remains responsible for parking penalties or fines resulting from its own unlawful parking or negligence.
Nothing in this section limits the client's statutory consumer rights.
41. Hazardous or Unsafe Materials & Conditions
If APpartners encounters or reasonably suspects asbestos-containing materials, hazardous coatings, lead-based paint requiring specialist handling, unsafe mould contamination, unsafe electrical installations, structural instability or another material health or safety risk, work in the affected area may be stopped.
Testing, specialist surveys, removal, treatment or disposal of hazardous materials are not included unless specifically stated in the quotation.
Work may resume once the affected area has been made reasonably safe. Any additional work, delay or reasonable cost arising from such conditions may be treated as a variation where appropriate.
42. Business & Contractor Payment Terms
This section applies where the customer is acting in the course of a business, trade or profession, including builders, developers, main contractors, property companies and other commercial clients.
Payment terms will be those stated in the accepted quotation, purchase order, subcontract, commercial agreement or invoice.
Any purchase-order number, invoice reference, portal requirement or other administrative requirement necessary for payment should be supplied to APpartners before the relevant work is carried out or the invoice is issued.
Where the Construction Industry Scheme applies, deductions should be made only as required by law and the appropriate CIS deduction statement should be provided.
Where a qualifying commercial payment becomes overdue, APpartners reserves the right to claim statutory interest, fixed compensation and reasonable recovery costs to the extent permitted by applicable late-payment legislation.
43. Damp, Water Ingress, Mould & Contamination
Decorating coatings rely on the underlying surface and building conditions being suitable.
APpartners cannot guarantee the performance of coatings where failure is caused by unresolved:
• damp or water ingress;
• condensation;
• mould;
• salts or efflorescence;
• grease, silicone, wax or chemical contamination;
• defective or unstable substrates; or
• another underlying building defect outside the agreed decorating work.
Where such a condition becomes apparent, APpartners may recommend that the underlying cause is investigated or remedied before decorating continues.
44. Paint Coverage & Additional Coats
44.1. Quoted Coating System
The quotation will specify the agreed painting and decorating works, including the coating system or anticipated number of coats where applicable.
The quoted price is based on the reasonably expected coverage, substrate condition, colour changes and materials known when the quotation is prepared.
44.2. Unforeseen Additional Coats
Additional coats or specialist preparation may become necessary due to circumstances that could not reasonably have been identified or anticipated before work commenced, including:
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Unusually porous, absorbent or inconsistent substrates.
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Previously concealed staining or contamination.
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Unexpected failure of existing coatings.
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Significant differences in colour or opacity not reasonably apparent beforehand.
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Other unforeseen substrate conditions affecting paint coverage or adhesion.
44.3. Additional Charges
Where unforeseen circumstances require additional coats, preparation or materials beyond the original agreed scope, APpartners Painting & Decorating will explain the reason and provide the client with the proposed additional cost.
No additional chargeable work will be undertaken without the client's prior agreement to the scope and price, preferably confirmed in writing.
If the client declines the additional work, APpartners will explain any likely limitations affecting the achievable finish and discuss reasonable options for proceeding.
44.4. Standard Workmanship Obligations
Additional coats or remedial work required because of inadequate preparation, incorrect application, unsuitable product selection by APpartners or other defective workmanship for which APpartners is legally responsible will not be charged separately.
APpartners remains responsible for completing the originally agreed scope with reasonable care and skill.
44.5. Customer-Requested Changes
Additional coats required because the client changes the agreed colour, product, sheen or finish after acceptance of the quotation will be treated as chargeable variations under Sections 25 and 50.
44.6. Statutory Rights
Nothing in this section excludes liability for defective workmanship or restricts the client's statutory consumer rights.
45. Finished Appearance & Inspection
Decorating is applied to the existing building and substrate. Unless specialist resurfacing, plastering or other corrective work has specifically been included, the finished decoration will follow the underlying shape and condition of those surfaces.
Normal brush or roller texture, minor historic substrate imperfections and slight variations caused by lighting, sheen or viewing angle may remain.
Gloss, satin and other higher-sheen finishes can make existing surface imperfections more visible.
Nothing in this section reduces APpartners' obligation to carry out the agreed work with reasonable care and skill or affects a consumer's statutory rights.
46. Assistants & Subcontractors
APpartners may use suitably skilled assistants or subcontractors where reasonably required to complete the agreed work.
Where APpartners supplies or arranges that work as part of its contract with the customer, APpartners remains responsible for the services supplied under that contract.
47. Waste & Disposal
47.1. Waste Generated by APpartners
APpartners Painting & Decorating will manage waste generated directly by its decorating activities in accordance with applicable waste management and environmental legislation.
This may include used masking materials, removed wallpaper, sanding waste, empty paint containers, packaging and other decorating-related waste.
47.2. Waste Removal Charges
The cost of removing and lawfully disposing of decorating waste will be identified and included in the agreed quotation or separately agreed with the client before the relevant work begins.
Where the amount or type of waste cannot reasonably be determined beforehand, any additional disposal costs will be explained and agreed with the client before they are incurred.
Waste removal and disposal are not provided free of charge unless expressly included in the agreed price.
47.3. Temporary Storage and Site Cleanliness
During the project, waste may be temporarily stored in a suitable, safe and reasonably tidy location at the property, where agreed with the client and permitted by law.
Waste generated by APpartners will be removed or otherwise lawfully managed as required by applicable legislation.
47.4. Waste Produced by Others
APpartners Painting & Decorating is not responsible for removing or disposing of waste generated by other contractors, previous occupants or the client's own activities unless expressly agreed in writing.
Any additional clearance or disposal services requested by the client will be separately chargeable, with the cost agreed before commencement.
47.5. Hazardous and Specialist Waste
Specialist handling and disposal of asbestos, hazardous coatings, contaminated materials or other regulated waste are excluded from standard decorating quotations unless expressly agreed.
Where such materials are encountered, work may be suspended until appropriate arrangements have been made.
47.6. Legal Responsibilities
Nothing in this section excludes or transfers any statutory waste management responsibility imposed on APpartners Painting & Decorating by applicable law.
All waste must be stored, transported and disposed of through lawful and appropriately authorised arrangements.
48. Suspension or Termination for Safety or Customer Default
48.1. Right to Suspend Work
APpartners Painting & Decorating may reasonably suspend or temporarily stop work where:
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An undisputed payment remains overdue.
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Safe or reasonable access to the working area is unavailable.
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Working conditions present a significant health or safety risk.
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The client, an occupant or another person subjects APpartners or its representatives to threatening, abusive or seriously unreasonable behaviour.
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The client repeatedly obstructs access or prevents reasonable progress.
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Continuing the work would involve unlawful or unsafe practices.
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The client commits another serious breach of the agreed contract.
48.2. Opportunity to Resolve
Where reasonably appropriate, APpartners Painting & Decorating will explain the issue and provide the client with a reasonable opportunity to resolve it before suspending or terminating the agreement.
Immediate suspension may be necessary where there is a serious safety concern, threatening behaviour or another situation requiring urgent action.
48.3. Termination of the Agreement
Where a serious issue cannot reasonably be resolved, APpartners Painting & Decorating may terminate the agreement, provided the circumstances legally justify termination.
48.4. Payment Following Termination
Where the agreement is lawfully terminated because of the client's breach, the client remains responsible for reasonable sums properly due for work completed, materials supplied and other recoverable costs incurred up to termination.
Any additional claim for losses resulting from the breach must be reasonable, legally recoverable and take account of appropriate steps to minimise those losses. APpartners will not charge twice for the same loss.
48.5. Rescheduling
Where work is suspended and subsequently resumed, revised working dates will depend on reasonable availability and existing business commitments.
48.6. Statutory Rights
Nothing in this section removes or restricts the client's statutory consumer rights or excludes liability for a breach of contract by APpartners Painting & Decorating.
49. Exterior Work & Weather Conditions
Exterior preparation and decorating will only be carried out when APpartners considers conditions reasonably suitable for the products and work involved.
Exterior work may be postponed, suspended or rearranged because of:
• rain or expected rain;
• wet or damp substrates;
• excessive humidity;
• unsuitable temperatures;
• frost or risk of frost;
• strong wind;
• dew or condensation; or
• other conditions outside the relevant manufacturer’s recommendations.
Weather-related changes to exterior schedules do not by themselves constitute a failure to complete the work within an estimated programme.
50. Additional Works and Charges
APpartners Painting & Decorating will carry out only the works expressly included in the agreed quotation or written scope of works.
Any additional work requested by the client, however minor, including small favours, touch-ups, repairs, additional preparation or other tasks outside the agreed scope, will be charged separately. No additional work is provided free of charge unless expressly agreed in writing by APpartners Painting & Decorating.
The additional cost must be communicated to and agreed by the client before the work begins.
This clause does not affect the client's statutory consumer rights or APpartners Painting & Decorating's legal obligation to remedy defects in its own workmanship.
51. Caulking and Sealing Around Factory-Finished Furniture
APpartners Painting & Decorating does not undertake decorators' caulking, silicone sealing or other flexible joint sealing around factory-finished furniture, including factory-finished fitted wardrobes, kitchen cabinets, cupboards, shelving units and similar pre-finished furniture.
Where sealing is required between such furniture and adjoining walls, ceilings or other surfaces, the client is responsible for arranging a suitably competent specialist.
APpartners Painting & Decorating is not responsible for cracking, joint separation or sealant failure caused by furniture movement, expansion, contraction, settlement, defective installation or sealing carried out by others, except where APpartners is legally responsible.
Any subsequent repairs or redecoration arising from these issues will be charged separately unless APpartners is legally responsible for the defect.
This exclusion applies ONLY to factory-finished furniture. Ordinary decorators' caulking around paintable skirting boards, architraves and other paintable joinery remains included where specified in the agreed quotation.
52. Paint Drying, Curing and Customer Aftercare
All paints, primers, varnishes and decorative coatings require appropriate drying and curing periods. These vary depending on the product, substrate, temperature, humidity and ventilation.
A surface may feel dry to the touch before the coating has fully cured and achieved its intended durability.
The client is responsible for following any reasonable aftercare instructions provided by APpartners Painting & Decorating or the product manufacturer.
Until the coating has adequately cured, the client should avoid:
• Washing, scrubbing or aggressive cleaning.
• Applying adhesive hooks, sticky tape or masking tape.
• Placing furniture or other objects directly against freshly painted surfaces.
• Excessive touching, rubbing, impacts or abrasion.
• Exposure to unnecessary moisture, steam or condensation.
APpartners Painting & Decorating accepts no responsibility for damage, marking, peeling or premature coating failure caused by improper use, premature cleaning or failure to follow reasonable aftercare instructions, except where APpartners is legally responsible due to defective materials, workmanship or breach of contract.
Any additional preparation, repairs or redecoration required because of such customer-caused damage will be charged separately, with the cost agreed before work begins.
This clause does not affect the client's statutory consumer rights.
53. Project Completion, Handover and Snagging Procedure
53.1. Final Inspection
Upon completion of the agreed works, the client will be provided with a reasonable opportunity to inspect the finished areas, where practical.
53.2. Reasonable Viewing Distance and Lighting
Unless a different inspection standard has been expressly agreed in writing and included in the quotation, decorative finishes should normally be assessed from a viewing distance of approximately 1 metre, under normal ambient lighting conditions and from ordinary viewing angles.
Inspection using handheld torches, high-intensity inspection lights, harsh directional or grazing light, or examining surfaces from just a few centimetres away is not the agreed standard for assessing the overall decorative appearance.
Such inspection methods may exaggerate minor surface irregularities, substrate imperfections, texture differences and other characteristics that are not reasonably visible under normal viewing conditions.
Where the client requires an exceptionally high finish standard, specialist lighting inspection or closer-than-normal examination, these requirements must be expressly specified and agreed in writing before work begins. Any additional preparation, materials, labour or specialist finishing required to achieve that agreed standard may be charged separately.
53.3. Existing Surface Imperfections
Minor imperfections arising from the existing substrate, previous workmanship, normal material characteristics or lighting conditions do not automatically constitute defective decorating work.
The completed finish will be assessed against the agreed scope of works, the condition of the surfaces, reasonable professional decorating standards and applicable legal requirements.
53.4. Reporting Snagging Items
The client should report any outstanding items or workmanship concerns as soon as reasonably practicable, preferably in writing and with photographs where appropriate.
53.5. Opportunity to Rectify
APpartners Painting & Decorating must be given a reasonable opportunity to inspect and remedy genuine defects arising from its own workmanship, in accordance with applicable consumer law.
The client should not arrange remedial works by another contractor at APpartners' expense without first providing a reasonable opportunity to investigate and resolve the issue, except where immediate action is reasonably necessary or applicable consumer law provides otherwise.
53.6. Additional Works
Any additional preparation, repairs, filling, sanding or finishing requested beyond the originally agreed quotation will be separately chargeable, with costs agreed before commencement.
53.7. Statutory Rights
Nothing in this section limits the client's statutory consumer rights or excludes APpartners Painting & Decorating's responsibility to perform its services with reasonable care and skill.
The agreed inspection method does not prevent the client from identifying or reporting genuine defects, including defects discovered through closer examination or special lighting.
54. Abortive Visits, Delays and Additional Return Visits
54.1. Access and Site Readiness
The client is responsible for ensuring that APpartners Painting & Decorating has access to the property at the agreed dates and times and that the relevant working areas are reasonably accessible, safe and ready for the scheduled work.
Any client responsibilities agreed before commencement, including moving furniture, clearing working areas, arranging access or completing prerequisite works, must be fulfilled as agreed.
54.2. Abortive Visits
Where APpartners Painting & Decorating attends the property at an agreed time but cannot commence or continue work due to circumstances within the client's reasonable control, the visit may be considered abortive.
This includes, but is not limited to:
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No access to the property at the agreed time.
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The client or appointed representative being unavailable when their presence is required.
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Working areas not being sufficiently cleared or prepared as previously agreed.
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Other contractors' unfinished work preventing the scheduled decorating.
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Necessary utilities or facilities being unavailable where their provision was previously agreed.
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Unsafe working conditions caused by matters within the client's responsibility.
54.3. Additional Charges
Where an abortive visit, interruption or delay results from the client's failure to fulfil agreed responsibilities, APpartners Painting & Decorating reserves the right to charge reasonable additional costs directly resulting from those circumstances.
These may include:
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Reasonable wasted working time.
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Travel expenses.
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Additional setup and preparation time.
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Necessary return visits.
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Reasonable rearrangement or rescheduling costs.
Any charges must be proportionate to the circumstances, reflect reasonable actual losses or additional costs, and avoid double recovery. APpartners will take reasonable steps to minimise avoidable losses.
54.4. Additional Return Visits
Where additional visits are required due to client-requested changes, unfinished work by other contractors, restricted access or other circumstances outside the agreed scope and within the client's responsibility, these visits may be charged separately.
The scope and price of additional work or visits will be communicated and agreed before they are undertaken, wherever reasonably practicable.
54.5. Scheduling and Availability
Where work cannot proceed as originally scheduled, APpartners Painting & Decorating cannot guarantee immediate return or continuation on the client's preferred dates.
Rescheduled works will be arranged subject to reasonable availability and existing business commitments.
54.6. Exceptions and Statutory Rights
No abortive visit or additional return visit charge will apply where the disruption results from APpartners Painting & Decorating's own fault or where the return visit is required to remedy defective workmanship for which APpartners is legally responsible.
Nothing in this section limits the client's statutory consumer rights.
55. Damage Following Completion and Third-Party Interference
55.1. Responsibility for Completed Work
Once an area has been completed and handed over to the client, APpartners Painting & Decorating is not responsible for subsequent damage caused by occupants, visitors, furniture installers, removal companies or other contractors, except where APpartners is legally responsible.
55.2. Accidental Damage and Misuse
This includes scratches, dents, chips, scuffs, impact damage, inappropriate cleaning, adhesive damage, furniture movement and alterations carried out by others.
55.3. Damage Caused by Other Trades
APpartners Painting & Decorating is not responsible for damage or defects caused by third-party contractors, including plasterers, carpenters, electricians, plumbers, flooring installers and furniture fitters, except where APpartners is legally responsible.
55.4. Additional Visits and Remedial Work
Any additional attendance or return visit required to repair, prepare, make good, conceal or redecorate defects, damage or unsatisfactory workmanship caused by other trades will be charged separately.
Charges may include labour, travel, preparation, materials, setup time and necessary subsequent visits.
This applies even where APpartners Painting & Decorating is still working at the property, unless the additional work was expressly included in the original quotation.
Additional charges must be agreed with the client before the work begins.
55.5. Scheduling
APpartners Painting & Decorating is not obliged to provide additional remedial visits immediately. Such visits will be arranged subject to existing business commitments and reasonable availability.
55.6. Genuine Workmanship Defects
Where the cause of damage or a defect is disputed, APpartners Painting & Decorating must be given a reasonable opportunity to inspect and assess the issue.
These provisions do not exclude responsibility for defective workmanship, negligence or breach of contract by APpartners Painting & Decorating, or restrict the client's statutory consumer rights.