Terms & Conditions
1: The following terms of business apply to all contracts between CJ Paint Spraying and the addressed. Acceptance of this proposal and commencement of the project will be taken as acceptance of the following terms of business, unless otherwise agreed in writing before commencement of the project.
Fees & Invoicing
2: All fees payable to CJ Paint Spraying will be invoiced in staged payments. The first 50% of the agreed fee for the project will be invoiced on commencement of the project (to cover set up costs and materials on ‘Giromax Projects) The balance of the agreed fee, plus any additional costs outstanding will be charged via interim invoices throughout the project to completion.
3: Any outstanding/additional costs will be invoiced on completion of the project. The client or end client must ensure that a representative is present to sign off the works on completion and they must be authorised to do so. If no representation is available to sign off the works on completion then the client / end client and CJ Paint Spraying Ltd will agree by default that the works have been accepted in favour of CJ Paint Spraying Ltd and ready for invoicing, the client and or end-client have 5 working days to state in writing any other reasons why not to accept the works.
4: CJ Paint Spraying utilise RBS factoring services, unless otherwise stated your invoice will be processed using our RBS Invoice Finance facilities. Your company name and number will be credit checked and account will be created with RBS on our behalf. Project fees factored will be legally assigned and payable to RBS IF.
5: Payment of each invoice must be paid within 30 days of the invoice date (unless previously agreed).
6: All payments must be made in sterling unless otherwise agreed by CJ Paint Spraying. For all non-sterling payments an administrative charge will be made.
7: Any quotation for a project made by CJ Paint Spraying will remain valid for 30 days after which adjustment to this can be made based on RPI/Cost of materials.
8: CJ Paint Spraying reserves the right to adjust the fees and the date of completion of the project in the event that the project proposal is altered after the project is commissioned.
9: Minor defects or matters requiring rectification which would normally be dealt with under our workmanship or the manufacturers guarantee shall not be considered reason for non-payment of balance.
10: CJ Paint Spraying Limited reserves the right to charge interest at 2% per day on any balance remaining outstanding after invoice due date. (We are entitled to charge interest under the Late Payment of Commercial Debts [Interest] Act 1998)
Confirmation, Cancellation & Termination
11: CJ Paint Spraying requires written confirmation (by letter or e-mail) to commence a project. Once the project has been confirmed, the cancellation charges set out below will apply.
12: If the project is cancelled by the client at any time during the project, you will be liable to C.J. Coatings for any and all direct / indirect expenses and costs incurred by C.J. Coatings, its officers, agents or employees and any loss of earnings or other any loss whatsoever.
13: Either party may terminate this agreement at any time by written notice to the other if the other goes into liquidation, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed over all or part of its business.
14:The fees quoted are estimated according to specific project requirements, the agreed timescale and any assumptions detailed in the proposal. If the timescale, project objectives or requirements or the assumptions on which the quote is based change in any way, CJ Paint Spraying reserves the right to review the agreed fee and charge for any additional work that has resulted from said changes.
15: Any dates of commencement and completion of works are offered in good faith and are based on the position at the date of order. These are not guaranteed and could be subject to delays because of strikes, accidents, government direction, force majeure, mechanical breakdowns, unavailability of materials and parts or other causes beyond the Company’s control. CJ Paint Spraying Limited will make all reasonable endeavours to start and complete work by the dates given but will not accept liability for delay.
Working Practice & Quality Control
16: Except in respect of death or personal injury, CJ Paint Spraying shall not be liable to you by reason of any representation (unless fraudulent), or any term (express or implied) of our agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims which arise out of, or in connection with the project.
17: All roof coatings systems are designed to protect the roof materials from weathering and to prevent corrosion, the system is designed and manufactured with watertight properties, however the application is not designed to stop any existing or prevent any potential water ingress and CJ Paint Spraying Limited can not be held liable for any leaks on the roof which manifest after any works have been completed. We always recommend a full survey of the roof and guttering systems by professionals qualified to do so and prior to any works commencing.
18: These works will involve spraying a paint system at a high velocity and we ask that the client make good preparations and show due diligence around preparing the surrounding areas in regards to informing any neighboring businesses and or private dwellings to move any vehicles / other high value items within the immediate vicinity for the complete duration of works. This is to prevent any over spray landing on vehicles. We will do all we can to ensure we keep any mists to a minimum and we will not be held liable for any over spray / contamination if no evidence of preparations have been made by the client or end client.
19: All on site repairs and spraying are completed on the understanding that as much as we try to complete near perfect works that we are unable to control environmental factors such as the weather. This may cause small imperfections to the finish of the paint such as drips, sags and dust to the finish of the coatings. The industry standard states that these items shall not be noticeable from a distance of 3 meters’ or more from the surface of the worked area.
20: All panel repairs are completed on the understanding that we are unable to perfectly replicate any finishes such as leather grain, embossed and the like. We therefore announce that such repairs may still be visible from 3 meters.
21: All panel repairs, which are bigger than 9” in diameter, are deemed as severe damages and may be visible from a distance of 3 meters or more.
22: We can only guarantee a colour match of up to 80% if spraying any areas that are required to match any existing elevations or areas. Silver shades may also appear a darker / lighter shade under sunlight or if viewing from side angles. The spray technician will always make his judgment on the panel face on at a distance of 3 meters, this is the industry British standard.
23: As a spraying company we prefer not to complete any large areas of works from scaffolding or MEWPS with small baskets, doing so can cause dry lines due to not having a consistent layer of coats end to end, also due to not having sufficient viewing angles there could be a variance in shading, Therefore we will not be held liable for any dry lines or variance in shading that appear once works have been completed or after any scaffolding has been struck, this is regardless of who has supplied the access equipment. We will always prefer access equipment that allows us to have full coverage of the spray area.
24: Samples are used to demonstrate a typical product, its composition and general appearance. The products will be applied in the way that CJ Paint Spraying Limited considers most suitable. Under our policy of continuous improvements to application methods and products, we reserve the right to make any necessary modifications without notice.
25: Duty holders of all non-domestic properties within the UK must establish an asbestos register and a management plan. The definition of “non-domestic” is “a property or structure (commercial, domestic or residential) where work is carried out” the obligation of the duty holder is that such operatives are not exposed to any asbestos based materials during the course of the work, the Asbestos Register states the presence or non presence of asbestos related to the inside and outside of the structure.
26: We assume that the client / end client has made all the relevant preparations in regards to ensuring that all areas ready for our works to commence on the date agreed, this should include the means of entry and exit, must be, as far as reasonably practicable, safe and without risks to health, with access to welfare and parking facilities, unrestricted access to the work areas and removal of all fixtures, fittings and general obstacles that could prevent or delay our works. Should our teams face any delays due to lack of preparations or access to any works areas then costs for any downtime will be charged at our minimum day rate. This may also include the removal of items such as gaskets, door furniture, alarm boxes, signage, or items that will prevent full coverage of coatings.
27: CJ Paint Spraying will contact clients / end clients if bad weather is forecast on external projects with a view to removing labour from site as productivity will be reduced, however if requested to keep labour on site, then full charges will still apply regardless of productivity on the day.
28: Any changes or additions to the project must be agreed in writing by us.
29: Fees that include foreign fieldwork costs are based on the exchange rates prevailing between sterling and the currencies of the applicable countries on the specified date. C.J. Coatings reserves the right to adjust the final fee in line with any rate fluctuations during the course of the project.
Copyright and Confidentiality
30: The copyright and all other intellectual property rights whatsoever in any work produced by us for you during the project including (without limitation) our proposal and any other materials whether (without limitation) vested, contingent or future shall belong to us absolutely at all times
31: You warrant that any material or information supplied by you and its use by us, will not infringe the copyright or other intellectual property rights of any third party, and you will indemnify us against any loss, damages, costs, expenses or other claims arising from any such infringement.
32: CJ Paint Spraying undertakes to keep confidential and not disclose to any other person (except in the proper performance of duties) either during or after the termination of this contract any information whatsoever relating to your business or any trade secrets or make use of the same in any manner which might be prejudicial to your interests.
33: You undertake to keep confidential and not disclose to any other person either during or after the termination of this contract any information whatsoever relating to our business, any proposals, methodologies or other information supplied by us during or before the project, or make use of the same in any manner which might be prejudicial to our interests.
34: English law governs the agreement between us and you agree to submit to the non-exclusive jurisdiction of the English courts.
35: These terms, together with a quotation and purchase order / written instruction, constitute the entire agreement between us, supersede any previous agreements or understandings and all other terms, express or implied by statute or otherwise are excluded to the fullest extent permitted by law.
36: A notice required to be served on either of us under these terms shall be in writing addressed to the other at its registered office or principal place of business or such other address as may have been notified to the party giving notice pursuant to this term.
37: No failure or delay by us to exercise any of our rights under the agreement shall be deemed to be a waiver of that right, and no waiver of any breach of the agreement shall be considered as a waiver of any subsequent breach of the same or any other provision.
38: If any provision of these terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of these terms and the remainder of the provision in question shall not be affected.
WHAT OUR CUSTOMERS HAD TO SAY?
David Netherway 14th March 2018