Terms & Conditions

The Client should read these terms and conditions carefully before proceeding. FairDeck is happy to discuss any matter contained herein and to provide further clarity and explanation prior to commencement.

1. Scope of Work
   1. The Contractor shall carry out and complete the work described in the Quotation in a good and workmanlike manner. The Contractor shall have no obligation to execute any further work unless agreed in writing.
   2. The manner, sequence and timing of the Works are carried out at the sole discretion of the Contractor. Any amendments to these requested by the Client may be treated as Changes as per Clause 3.
   3. Please note, unless the Client has provided specific designs and details, the Works are fully Contractor designed and this is what is included for within the Quotation. Should the Client wish to change, alter or amend any of the Works or detailing designed by the Contractor this will constitute a Change which will be valued in accordance with clause 3.
   4. The Client is responsible for obtaining any necessary planning permission for the works and for fulfilling any statutory requirements.
   5. The Client is requested to liaise with any neighbours or other parties that may be affected by the carrying out of the Works.
   6. The Client is to advise of all boundary lines, underground cables, pipework and any similar or associated underground matters which may affect the Works. 
   7. The Contractor will work within advised boundary lines and accepts no responsibility for losses caused by way of disputes with neighbouring properties due to the carrying out of the Works. 
   8. The Quotation takes precedence over any Client supplied design information. The Client should review the quotation carefully prior to acceptance to ensure that it complies with the Client’s requirements. Any subsequent design changes after acceptance of the Quotation will be treated as Changes as per clause 3.
2. Quotation
   1. The Quotation (as referenced above) is valid for a period of thirty days from the date shown in the quotation and thereafter lapses automatically.
   2. Should the Contractor not be able to complete by the advised completion date for reasons wholly or partly beyond its control the Contractor reserves the right to make appropriate fair and reasonable adjustments to the Quotation price.
   3. The Quotation is based on conditions identified at the time of viewing. The Contractor takes no responsibility for any unknown or unseen ground conditions which may affect the scope or extent of work included in the Quotation. Any additional works as a consequence may constitute Changes. The Contractor will liaise with the Client should such circumstances arise in order to discuss and agree the scope and extent of any additional work necessary.
   4. Acceptance of the Quotation or FairDeck commencing any work included in this Quotation deems acceptance of these terms and conditions.
3. Changes
   1. Changes are any changes, alterations or amendments to the timing, scope and sequence of the Works or any matter that may affect the price of the Quotation which is beyond the reasonable control of the Contractor or which has been requested by the Client.
   2. The Contractor will endeavour to notify the Client of any Changes as and when they arise. The Contractor will confirm any additional works in writing (which includes email, SMS, WhatsApp message etc). Any additional costs will be notified to the Client as soon as practically possible.
   3. Any additional work will be priced on a fair and reasonable basis and upon costs prevailing at the time the Change is carried out.
4. Payment
   1. The Client will pay the Contractor the price stated on the Quotation as well as the price of any confirmed Changes together with any Value Added Tax properly chargeable.
   2. The date of invoice is the “Due Date”. The Final Date for Payment is seven days from the Due Date. Interest for late payment may be charged on unpaid amounts after the Final Date for Payment at 10% above the Bank of England Base Rate until payment is received.
   3. The Client will pay the Contractor as follows:
      1. A non-refundable deposit of £250 (inc VAT) of the original Quotation shall be paid by the Client to the Contractor upon acceptance of the Quotation by the Client.
      2. An initial payment of 50% of the original Quotation shall be made by the Client to the Contractor upon commencement of work.
      3. Fair and reasonable payments of the balance of the Quotation plus the costs of any Changes as applicable less a final 5% payment will be made at weekly intervals based on the progress of the Works.
      4. The final 5% balance of the Quotation plus any Changes will be billed upon completion.
   4. The final balance of the quotation is due within seven days of completion of works.
   5. All materials remain the property of FairDeck until the account has been settled in full.
5. The Site
   1. The Client shall allow the Contractor to commence work on the agreed commencement date and to allow proper and adequate access to the site to enable the Works to be carried out in a regular and economic manner.
   2. The Client shall provide access to water, electricity and toilet facilities for use by the Contractor in carrying out the Works. The provisions of these services and facilities shall be at the cost of the Client.
   3. The Client shall be solely responsible for ensuring the safety of any children, family members, pets, animals and visitors at all times whilst work is being carried out on their premises.
   4. The Contractor shall be free from any liability for any damage caused to structures or property both on-site or adjoining whilst carrying out the Works, except for damage caused by improper or negligent action.
6. Programme
   1. The Contractor undertakes to use all reasonable endeavours to complete the Works within a reasonable time or by a specified date if agreed. The Contractor shall not be responsible to the Client for any untimely performance or delays arising from force majeure, adverse weather conditions or events beyond his reasonable control.
7. Materials on Site
   1. Materials delivered to site become the responsibility of the Client and the Contractor accepts no loss, damage or expense after delivery of the materials to site for any reason.
   2. The Contractor shall not be liable for any loss or theft of materials from site. Any additional materials required following damage, loss or theft shall be at the Client’s expense.
8. Maintenance
   1. FairDeck will advise the Client on relevant maintenance issues in order to prolong the life of the Works.
   2. The responsibility for the proper maintenance of the Works passes to the Client upon completion of the Works unless otherwise agreed in writing.
9. Promotional photography and videos
   1. The Contractor reserves the right to take photographs and videos at all stages of the Works, from quotation through to post completion publicity. Photographs and videos may be used for, inter alia, preparation of quotations, quality control, dispute resolution, promotion, publicity and advertising.
   2. The Client is to expressly advise in writing prior to commencement if they do not consent to using such photographs and video for advertising or promotional purposes.
10. Warranties / Liabilities
    1. The Contractor excludes liability to the Client for any loss, cost or damage of any kind arising out of or as a consequence of its failure to perform or complete the Works by reason of matters beyond FairDeck control and which it could not have reasonably foreseen at the date of the Contract.
    2. The Contractor offers a one-year warranty in respect of workmanship. The Client must ensure that materials and goods supplied, and any other aspect of the Works are maintained in accordance with good and recognised practice and in accordance with the manufacturer or supplier’s instructions.
    3. In respect of timber products and repairs to wood products due to natural warping and splitting FairDeck offers a 3 month warranty from date of completion.
    4. FairDeck cannot be held responsible for any damage or repairs necessary due to inappropriate use of the Works such as overloading, lack of maintenance, inadequate protection etc.
    5. The Contractor’s liability is limited to the Quotation amount or £10,000.00 whichever is the lower.
11. Disputes
    1. FairDeck always seeks to give a professional and high-quality service. Should the Client be dissatisfied in any way it is advised to discuss any such issues with Mr Jake Fairweather in first instance, with a view to resolving such matters amicably. All discussions will be undertaken in good faith.
12. Applicable Law
    1. This contract is made in accordance with the law of England and Wales and the rights and obligations of the parties shall be construed accordingly.