Last updated: October 2026
Introduction
Thank you for choosing Quirks Property Maintenance Ltd. We take pride in delivering reliable, high-quality building and maintenance services.
These Terms & Conditions explain how we work and protect both you (the Client) and us (the Company). Please take a few minutes to read them carefully.
By instructing Quirks Property Maintenance Ltd, you agree that these Terms & Conditions apply to all current and future works unless otherwise agreed in writing.
1. Definitions
1. In these conditions of sale, “The Company” means Quirks Property Maintenance Ltd whose office is at The Poplars, Mold Road, Ewloe Green, Ewloe, CH5 3AZ. “The Customer” means the person, firm, or company from whom an order/quotation is accepted by the Company. “Goods” means goods or services which are subject of such an order/quotation be it placed verbally or in writing.
2. Company Details & Insurance
2. Quirks Property Maintenance Ltd are registered in England and Wales under number 09767584. Our VAT number is 251525622.
3. Quirks Property Maintenance Ltd has £5 million public liability insurance in place and holds employers’ liability insurance as required by law. Copies of the current insurance certificates are available on request. Our insurance covers the works described in the quotation. It is not a substitute for the Customer’s own buildings and contents insurance, which the Customer should keep in place throughout the works.
4. Quirks Property Maintenance Ltd may take photographs of the progress of our projects. We reserve the right to use these images in our portfolio, on our website, and across social media platforms for marketing and informational purposes. If you do not wish for images of your project to be used, please notify us via email prior to starting of the work.
3. Service Standard & Orders
5. We will endeavour to employ a helpful attitude at all times and will always attempt to bring the building works to a satisfactory conclusion as soon as possible considering weather conditions and availability of specialist materials and unforeseen circumstances etc.
6. The Customer agrees to purchase and have installed the Goods specified in the form of an order/quotation.
7. Orders/quotations are individually manufactured, and any Goods not used in their intended location in the Customer’s premises cannot be credited against the orders/quotation price.
8. Our quotations are prepared with as much detail as possible to prevent misunderstandings. If you notice anything missing or would like further details included, please inform us so we can revise the quotation accordingly.
9. Any additional works identified as necessary during the job must be discussed and agreed upon with the client before proceeding. A separate revised quotation or additional contract will be provided for these works.
10. We do not furnish a detailed breakdown of quotations, nor do we itemize invoices.
11. Quotation Validity – All quotations are valid for 31 days from the date of issue unless otherwise stated in writing.
12. VAT – All quotations, estimates, and prices provided by the Company are exclusive of VAT, which will be charged at the prevailing rate at the time of invoicing. Should the VAT rate change between quotation and invoicing, the rate applicable on the invoice date shall apply.
4. Working Arrangements & Access
13. All prices quoted are based on unrestricted access to the Property and unimpeded working during our standard hours: Monday to Friday, 7:30 am – 7:30 pm, and Saturday to Sunday, 7:30 am – 5:30 pm, unless otherwise agreed in writing prior to the commencement of works. The Customer may either provide a set of keys to the Property or be present during the agreed working times.
14. The Customer is responsible for providing access to an adequate supply of water, electricity, and Wi-Fi. Please be advised that Wi-Fi may be required if the site lacks a strong phone signal, as it is essential for our employees to remain contactable.
• Why we may need Wi-Fi: coordination and H&S communications when phone signal is weak; accessing drawings/specs and live instructions; photo uploads for progress and compliance records; contacting suppliers/engineers; digital RAMS/toolbox talks; and enabling card/online payments where applicable.
15. Our quotations cover access to a toilet; however, should the provision of a portable toilet be necessary, please notify us before the commencement of work. This will result in an additional charge of £250 + VAT for the first week of hire, and £50 + VAT for each subsequent week.
16. The Customer consents to allow access to the Company, its employees, and workmen to the installation address at all reasonable times so that the Company may conduct the works planned. If, within 28 days of being informed that the Company is prepared to install, the Customer has not coordinated an installation date, the balance of the bespoke product supply cost becomes due.
17. Free access is required for parking, delivery of building materials, plant, machinery, skips, etc. If you have a driveway, please ensure it is clear. Please note that there may occasionally be more material on site than required to ensure the efficiency of our operations.
18. Skips provided by Quirks are solely intended for the waste associated with the work quoted. If you require an additional skip, we can provide a quotation for it. We do not dispose of fridges or freezers. If hazardous waste is encountered (e.g. asbestos, lead paint, contaminated soil), you will be informed immediately, and additional costs may apply.
19. Customers must ensure children, pets, and vulnerable persons are kept away from work areas for safety reasons.
20. Customers must remove or secure valuables and fragile items from work areas. The Company accepts no liability for damage to such items if left in situ.
21. The Company retains the right to temporarily stop or postpone works if unsafe conditions arise (for example, electrical hazards, unsafe structures, aggressive pets, or unauthorised persons entering restricted work zones). Any stoppage due to safety reasons will not constitute a breach of contract, and rescheduling will be agreed once the hazard is removed.
22. Access to Work Areas – The work area, including any scaffolding, excavations, plant, and areas where tools or materials are in use, is a live construction environment. For their own safety, the Customer, their household, visitors, and any other persons must not enter the work area while works are in progress unless authorised by the Company and accompanied by a member of the Company’s team.
23. The Company will take reasonable steps to secure the work area and to warn of hazards (for example barriers, signage, or covering). Where any person enters the work area against instruction, or removes or ignores barriers, signage, or safety measures, they do so at their own risk, and the Company accepts no liability for any resulting loss or injury except to the extent caused by the Company’s negligence or breach of its statutory duties.
24. The Customer is responsible for ensuring that members of their household, visitors, and any tradespeople not engaged by the Company are kept away from the work area and made aware of this requirement.
25. Suspension for access – Where the Customer fails to provide access in accordance with these Terms, or repeatedly cancels or postpones arranged appointments, the Company may suspend the works and reallocate its labour. Standing time, abortive visits and re-attendance will be chargeable at the Company’s prevailing rates, and the programme will be rescheduled to the next available slot.
5. Acceptance & Guarantees
26. Accepting a quotation, either verbally or in writing, confirms acceptance of these Terms and Conditions and forms a binding contract between the Customer and Quirks Property Maintenance Ltd (“the Company”).
27. All customers receive a 12-month workmanship guarantee, covering new work and materials supplied and installed by the Company. This guarantee excludes existing structures, materials, fittings, or ornaments, and does not cover damage caused by storms, floods, fire, accidental damage, or criminal acts. Where the works comprise more than one element or trade, the twelve-month guarantee for each element runs from the date that element is completed, not from completion of the works as a whole. The Company’s job records and progress photographs shall evidence those completion dates.
Plastering Guarantee – 6 Months
28. Hairline cracks or efflorescence are normal during the setting and drying process and are therefore not covered under guarantee. The six-month duration for plastering allows adequate time for the surface to settle and stabilise. It is recommended that no decorating, wallpapering, or painting is undertaken within this period. Decoration work is signed off on completion and is not guaranteed once accepted by the Customer.
Rising Damp Guarantee – 10 Years
29. This guarantee remains valid only when accompanied by the original invoice, quotation, and supporting documentation issued by the Company. It is conditional upon the property being kept in a well-maintained, adequately heated, and properly ventilated condition.
30. Should any visible signs of damp reoccur within ten (10) years of completion, this guarantee will not apply if the issue arises due to:
• Structural or foundation movement
• Interference with the damp-proof course or treated walls
• External defects, leaks, or bridging of the DPC by soil, render, or paving
• Defective pointing, rainwater goods, or plumbing leaks not addressed promptly
• Failure to complete other necessary remedial works as recommended in our report or quotation
Guarantee Limit
31. Our guarantees cover only workmanship and materials directly supplied and installed by the Company. They exclude consequential losses, damage, or costs arising from delay, inconvenience, loss of use, or any indirect or incidental damages. The Company’s liability is limited to the value of the works carried out under the original contract.
32. The guarantee is non-transferable and takes effect on completion of the relevant element of the works.
Guarantee Exclusions
33. This guarantee will not apply:
a. Where works have been disturbed, altered, or damaged after completion (e.g., by additional construction, plumbing, electrical, or landscaping works that interfere with the treated areas).
b. Where recommended associated works were not completed within the specified timeframe or within three months of completion if no timeframe was given.
c. Where the property or treated area has not been adequately maintained or where remedial or maintenance advice issued by the Company has not been followed.
d. To any work not directly undertaken by Quirks Property Maintenance Ltd or its authorised representatives.
e. Where condensation, hygroscopic salts, external water ingress, or unrelated damp sources are present or develop following completion.
f. In cases of natural movement, settlement, vibration, or subsidence of the property.
g. Where the client has failed to maintain proper ventilation, heating, or exterior maintenance necessary for the continued performance of the system.
34. Right to remedy – Where the Customer considers that any part of the works is defective, incomplete or not in accordance with the quotation, whether during the works, at snagging, or within any applicable guarantee period, the Customer must notify the Company in writing and allow the Company a reasonable opportunity to inspect and, where the Company is responsible, to put the matter right. Save for the Customer’s statutory rights, and except where genuinely urgent action is needed to prevent injury or further damage, where the Customer engages a third party to carry out remedial work without first giving the Company that opportunity, the cost of that work will not be recoverable from the Company and may not be deducted or set off against any sum due to the Company. Any guarantee given by the Company will not apply to work that has been altered, disturbed or remedied by others.
6. Deposits, Cooling-Off & Cancellations
35. Deposits – Where a deposit is requested, it secures the Customer’s place in the Company’s programme and covers preparatory costs such as ordering materials, survey or design time, and reserving labour. Where the Customer is a consumer and cancels, the deposit will be refunded less the costs the Company has reasonably and properly incurred to the date of cancellation, which will be evidenced on request.
36. Consumer cancellation rights – Where the Customer is a consumer and the contract is made away from the Company’s business premises or at a distance (for example at the Customer’s home, by telephone, or by email), the Customer may cancel within 14 days of entering into the contract without giving a reason. Cancellation must be given in writing, including by email to info@quirksonline.co.uk.
37. Starting work within the cancellation period – The Customer may ask the Company in writing to begin work before the 14-day period ends. If the Customer then cancels within that period, the Customer must pay for the works carried out and materials supplied up to the point of cancellation, in proportion to the full contract price. The right to cancel is lost once the works have been fully performed.
38. Cancellation outside the cancellation period, and business customers – Where the Customer is not a consumer, no statutory cancellation period applies. In all other cases of cancellation or postponement by the Customer, the Customer will be liable for the works carried out and materials supplied to that date, together with any labour, materials, plant or sub-contract costs reasonably committed and not recoverable by the Company.
39. Payment terms are 7 days from invoice unless otherwise agreed.
40. If works are halted for remedial reasons, charges include re-attendance and travel costs.
41. Invoices are due by 6pm on the due date.
42. Failure to pay may result in suspension or termination of works and recovery of losses.
43. If payment is not made by the agreed due date, we reserve the right to charge interest on the overdue balance at a rate of 8% per annum above the Bank of England base rate, calculated daily, until payment is received in full. A £40 administration fee per overdue invoice may also be applied to cover the additional time and costs incurred in managing late payments.
44. All stage payments must be made strictly in accordance with the agreed payment schedule or invoice terms. Quirks Property Maintenance Ltd reserves the right to suspend works immediately where stage payments are not received on or before the due date. Where works are suspended due to non-payment, all labour, operatives, and subcontractors may be reallocated to other projects without notice. Upon receipt of any outstanding payment, works will be rescheduled to the next available slot based on current workload and operational commitments. The Company does not guarantee immediate return to site following late payment. The Company reserves the right to withhold or delay the scheduling of subsequent stages of work, including specialist trades (such as plastering, electrical, or plumbing), until all preceding stage payments have been received in full. Any delays to the programme resulting from late or non-payment shall not be the responsibility of Quirks Property Maintenance Ltd and may impact the overall project duration. Any delay in stage payments may result in works being rescheduled and extended delays to the programme due to ongoing workload and operational commitments.
45. Notices – Variations must be confirmed in writing. Cancellation by a consumer under clause 36 may be given by any clear written statement, including by email. All other notices under these Terms must be given in writing to the Company’s registered address or by email to info@quirksonline.co.uk.
46. Termination by the Company – The Company may terminate the contract by written notice where: (a) any sum remains unpaid seven (7) days after its due date; (b) the Customer becomes insolvent, enters into an arrangement with creditors, or has a receiver or administrator appointed; (c) the Customer prevents or persistently obstructs the carrying out of the works; or (d) it becomes unsafe or unlawful to continue. On termination the Customer shall pay for all works carried out and materials supplied or irrevocably committed to that date.
7. Surveys, Reports & Staged Recommendations
47. Survey fee – Where the Company charges a fee to carry out a damp, timber decay or other survey, the fee is confirmed at the time of booking, includes VAT, and is payable in full before the visit. The visit is booked once payment has been received. The fee covers the survey visit, a written report and a quotation for any works recommended. It does not cover invasive testing, the drilling of samples, specialist leak detection or any other service not stated at booking, which will be priced separately if required.
48. Report and quotation –The report describes the property as it was found on the day of the visit. The scope, limitations and customer information set out in the report form part of these Terms for that survey.
49. Moving or cancelling a survey visit – A survey visit may be moved or cancelled without charge where the Company is told at least one clear working day before the appointment; any fee paid will be carried over to the new date or refunded. Where less notice is given, or the Company attends and cannot gain access, the fee is retained to cover the abortive visit and a further fee is payable to rebook.
50. Surveys within the cancellation period – Where the Customer is a consumer and the survey is booked by telephone, email or online, the right to cancel at clause 36 and Appendix A applies to the survey. When the Customer pays the survey fee and confirms the appointment, the Customer is asking the Company to carry out the survey within the 14-day cancellation period, and accepts that once the survey visit has taken place the service has been fully performed and the right to cancel is lost. Cancellation before the visit is dealt with under clause 49.
51. Nature of a survey – Surveys are carried out by the Company as a specialist damp and timber contractor. Unless otherwise agreed in writing they are non-invasive: a visual inspection and readings taken with a hand-held electronic moisture meter. Nothing is opened up, drilled or removed and no samples are taken. A survey is not a building survey, structural survey, valuation, pre-purchase report or mortgage report and must not be relied on as one. The Company is not a firm of chartered surveyors.
52. Who may rely on a report – A report and quotation are prepared for the Customer named on them and for the property named on them only. They may not be relied on by any other person, including a purchaser, lender, landlord, tenant or insurer, and the Company accepts no responsibility to any other person who does so. The report remains the copyright of the Company and may not be copied or passed to another contractor, in whole or in part, without the Company’s written consent.
53. Liability for surveys and reports – The Company’s total liability arising from a survey, a report or the advice in it, however arising, is limited to the fee paid for that survey. Nothing in these Terms limits the Company’s liability for death or personal injury caused by its negligence, or for anything else that cannot be limited by law. Recommendations are the Company’s opinion of the most likely causes of dampness or decay and the sensible order in which to deal with them, based on what could be seen and measured. The Company does not promise that the recommended works will cure all dampness or decay in the property, in particular where a cause is hidden, where the works are carried out in stages, or where part of the work is done by the Customer or by others.
54. Staged recommendations and re-inspection – Where a report finds more than one possible source of moisture, its recommendations may be set out in stages: the known defects first, then a drying period, then a re-inspection before any damp proofing treatment is decided. Where the Company carried out the Stage 1 works, one re-inspection visit is included at no charge. Where the Stage 1 works were carried out by the Customer or by others, the re-inspection is a fresh survey and the standard survey fee applies. Any Stage 2 works will be quoted separately after the re-inspection and are not included in the Stage 1 price or programme.
8. Delivery, Risk & Title
55. Risk passes to the Customer upon collection or installation.
56. Title to goods – Ownership of goods and materials supplied by the Company remains with the Company until payment for them has been received in full and cleared. The Customer acknowledges that once goods or materials are installed or otherwise affixed to the Property they may become part of the Property, and this clause does not entitle the Company to remove installed works.
57. Unfixed materials and equipment – Materials delivered to site but not yet installed, together with any plant, tools or equipment belonging to the Company, remain the Company’s property at all times. Where payment terms are breached, the Company may recover such unfixed materials and equipment, and the Customer will provide reasonable access for that purpose. The Company will give reasonable notice before doing so and will not enter the Property without the Customer’s consent or other lawful authority.
58. Security of site and materials – The Customer is responsible for ensuring the Property is secure outside working hours. The Company is not liable for theft of, or damage to, materials, plant or equipment occurring outside working hours, except where caused by the Company’s negligence. The Customer should notify their buildings insurer that works are being carried out, as some policies require this.
59. Where no waste disposal is included, the Customer is responsible for waste removal.
9. Site Conditions & Exclusions
60. The Company is not responsible for damage to underground services or hidden features not disclosed in advance.
61. The Order/quotation does not encompass the repair or replacement of any rotten timber, defective lintels, hidden services, or hazardous materials like asbestos discovered while performing the works, nor does it cover the repair of any other structural defects unless such work is detailed in the work schedule.
62. The Order/quotation does not include filling (or Intumescent wood filler for fire door work) for woodwork, as this responsibility falls to the customer’s painters/decorators.
63. The Order/quotation covers smoothing compound up to 3mm, and we only install floor coverings up to base units, baths, etc. Unless specifically quoted for, the quotation does not include the installation of herringbone flooring or plastering behind base units, baths, etc.
64. The Order/quotation does not include assembly of flat pack furniture, kitchen units, bathroom units etc.
65. The company shall not be liable for ensuring that the existing boiler is suitable for accommodating additional plumbing works.
66. The company does not commit to relocating fixtures, fittings, furniture, and equipment that are ancillary to the property’s basic structure, unless expressly quoted for.
67. If you wish to reserve or protect any pre-existing materials or items—such as picture rails, blinds, radiators, light fittings, doors, or similar—you must notify the Company in writing before work begins.
68. While the company shall exercise all reasonable care of the customer’s property in the execution of work, no liability shall be accepted for any redecoration needs that arise as a consequence.
69. Some localized damage may occur during works; repairs will only be undertaken where the Company accepts liability.
70. The Customer should protect furniture and other items. No responsibility is accepted for dust or cleaning.
71. The Company will clean work areas reasonably but cannot be held responsible for small dust or debris. Customers must use suitable protective coverings.
72. Hidden or Pre-Existing Defects
a. If unforeseen defects are uncovered during works—such as rotten timber, defective plaster, corroded pipework, or unbonded brickwork—these will be reported immediately. Additional works to rectify such defects will be quoted separately and must be agreed in writing prior to continuation.
b. The Company accepts no responsibility for pre-existing defects, leaks, condensation, damp, or structural movement unless expressly included in the quotation.
73. Works carried out against advice – Where the Customer instructs the Company to proceed in a manner contrary to the Company’s written recommendation, or declines recommended associated works, the Company will confirm that instruction in writing and accepts no liability for defects, damage, or failure of the works to the extent they arise from that instruction or omission.
10. Specifications, Finance & Liability
74. The Company may make minor alterations to specifications to improve quality.
75. Orders subject to finance cannot be cancelled without written proof of refusal.
76. Force Majeure – The Company shall not be liable for any delay or failure to perform its obligations where such delay or failure is due to circumstances beyond its reasonable control, including but not limited to extreme weather, material shortages, illness, or transport disruption.
77. The Company’s liability is limited to the contract price, except in cases of death or injury caused by negligence.
78. Completion dates may be extended due to weather, delays, or additional work.
79. The Company will repair or replace defective goods where appropriate.
80. The Contractor is responsible for all Health & Safety matters relating to its works.
81. Sub-contracting – The Company may sub-contract all or part of the works to suitably competent and insured sub-contractors, and remains responsible to the Customer for works so sub-contracted.
82. Programme and dates – Any start or completion dates given are estimates made in good faith on the information available at the time, and time is not of the essence. The Company will use reasonable endeavours to meet agreed dates but is not liable for loss arising from delay outside its reasonable control. This does not affect the Customer’s statutory rights.
11. Filming, Scaffolding & Access Restrictions
83. Filming or photographing Company staff without written consent is prohibited.
84. No unauthorised persons may access scaffolding or site. Hire beyond quoted period: £150–£400 + VAT per week.
12. Permissions & Consents
85. Customers are responsible for planning permission, building control, party wall agreements, and relevant permits.
86. Building Control – Where the works require Building Regulations approval, the Customer is responsible for making and paying for the application to Building Control or an Approved Inspector, including all fees, plan charges and certification costs. The Company will arrange and attend the inspection visits required for the works it carries out, and will give the Customer reasonable notice of the stages at which inspection is required. The Company is not liable for delays in Building Control attendance or certification. Any works required by Building Control which fall outside the quoted scope will be quoted separately in accordance with the Variations clause.
87. Customers in Conservation Areas must confirm any additional permissions required.
88. CDM 2015 – domestic clients – Where the Customer is a domestic client, the client duties under the Construction (Design and Management) Regulations 2015 pass to the Company where it is the only contractor engaged. Where more than one contractor is engaged on the project, those duties pass to the principal contractor. The Company will act as principal contractor only where this has been agreed in writing and priced accordingly.
89. CDM 2015 – other clients – Where the Customer is not a domestic client, the Customer retains the client duties under CDM 2015, including making suitable arrangements for managing the project, providing pre-construction information, and, where more than one contractor is engaged, appointing a principal designer and principal contractor in writing and notifying the Health and Safety Executive where required.
90. Site information and other contractors – The Customer must provide the Company with all information in their possession relevant to health and safety at the Property, including asbestos surveys and registers, structural reports, and details of concealed services. The Customer must also tell the Company in writing, before works commence, of any other contractors or tradespeople they intend to engage to work at the Property during the Company’s works, and must ensure that such works are co-ordinated safely. The Company accepts no liability for the acts, omissions or workmanship of contractors it has not engaged.
13. Fire Door and Door Services — Additional Terms
91. Our comprehensive fire door services, including surveys, repairs, and installations, are contingent upon the customer ensuring that the building structures housing these fire doors are suitable for our service provision.
92. Quirks bears no responsibility for identifying or addressing concealed or visible defects in wall or floor construction, such as non-compliance with Building Regulations or other standards. We do not undertake repairs on uneven floor surfaces that may impede the proper functioning of a fire door.
93. When removing architraves or conducting intrusive inspections, Quirks is not liable for any restorative or remedial work.
94. While Quirks recommends the installation of complete fire door sets (including leaf and frames), it is at the customer’s discretion to decide on frame replacement. We will install door leafs in existing frames only upon explicit customer request.
95. Quirks repairs door sets based on an inspector’s report, and while we can adjust the door within the existing frame, it may not always be possible to meet gap requirements. The inspector will provide further recommendations, which may require a separate quotation for additional instructions.
96. Customers must disclose in writing any metal fire door frames prior to scheduling an installation appointment. The removal of old metal frames is time-consuming, costly, and causes substantial wall and plasterwork damage, which remains the customer’s responsibility to rectify.
97. For the installation of multiple fire doors, site plans must be submitted in advance with clearly marked and referenced installation locations.
98. When fitting or fixing fire door frames, Quirks will manage the fixing and packing of any gap between the frame and structural wall up to 28mm. If the gap exceeds 28mm, remedial work can be provided, quoted separately, and may not be conducted during the same visit. The customer is responsible for any ensuing damage repairs.
99. Fire door linings are thicker; thus, we work with existing openings and the nearest possible door size. For specific size requirements, please communicate them prior to placing an order, as door width may reduce by up to 80mm.
100. All door handle heights will comply with the Equality Act 2010. Please confirm in writing if adjustments are desired.
101. We will install doors to the existing floor level on the day of installation. If floor levels are altered after the installation and you require us to ease or adjust the doors to suit the new floor level, this will be treated as additional work. A separate quotation will be provided for these adjustments.
14. Plastering — Additional Terms
Decorating and Finishing Following Plastering Works
102. Following any plastering, patch repairs or making-good works carried out by the Company, final decorative finishing is not included unless specifically stated within the quotation.
103. This includes, but is not limited to, cosmetic caulking, fine filling, sanding, painting and decorating around sockets, switches, skirting boards, architraves, pipework and other fixtures or fittings.
104. We understand that some customers may choose to undertake decorating themselves. However, for the best standard of finish, we always recommend that a professional painter and decorator is engaged once the plaster has fully dried and settled (see the Plastering Guarantee at Section 5).
105. The Company is not responsible for returning solely to carry out decorative finishing, caulking, filling, sanding, painting or decorating unless those works have been specifically included and agreed in writing as part of the original quotation or a subsequent variation.
Plastering – Existing Wall Levels and Alignment
106. Where plaster skimming is carried out over existing walls or ceilings, the new plaster finish will follow the existing background, levels and general alignment of the existing surface.
107. Standard skimming is intended to provide a smooth surface suitable for subsequent decoration. It does not make an existing wall or ceiling plumb, level, square or perfectly flat where the underlying structure or existing background is already uneven, out of level or out of plumb.
108. Where a Customer requires walls or ceilings to be straightened, levelled, made plumb or otherwise corrected beyond a standard skim finish, this must be identified and specifically agreed and quoted for as additional work prior to commencement.
15. General
109. The Company may amend these Terms periodically; changes apply to new contracts only.
110. Nothing in these Terms affects statutory rights.
111. This agreement is governed by English Law.
16. Data Protection & Privacy
112. The Company will collect and store the Customer’s personal information (such as name, address, phone number, email, and details of the works) solely for the purpose of preparing quotations, carrying out the works, managing payments, and fulfilling legal or insurance requirements.
113. Customer details will not be shared with third parties except where necessary to deliver the works (e.g., suppliers, subcontractors, insurers, building control, or waste carriers) or where required by law.
114. All personal data will be stored securely in accordance with current UK Data Protection legislation and the General Data Protection Regulation (GDPR). Customers may request access to, correction of, or deletion of their personal data at any time by contacting the Company in writing.
115. Complaints Procedure – Any complaint relating to workmanship, materials, or service must be made in writing within 14 days of discovering the issue. The Company will acknowledge receipt within 7 days and investigate promptly, providing a formal response within 14 days wherever possible.
17. Dispute Resolution
116. In the event of a dispute, the Customer and the Company agree to first attempt to resolve the matter amicably through direct discussion.
117. If the dispute cannot be resolved informally, the parties agree to consider mediation as a means of resolution before commencing formal legal action.
118. Nothing in this clause shall prevent either party from taking immediate legal action where necessary (for example, to recover unpaid sums).
119. Alternative dispute resolution – Where a complaint cannot be resolved directly, the Company will provide the Customer with details of a certified alternative dispute resolution provider and confirm whether it agrees to use that provider. Nothing in this clause affects the Customer’s right to take legal action.
18. Variations & Change Control
120. Any change to the agreed scope of works (a “Variation”), including additional works, substitutions, or omissions, must be requested and agreed in writing before the affected work proceeds. Verbal instructions given on site will not be actioned until confirmed in writing.
121. Where a Variation is not covered by the original quotation, it will be charged on a day-rate or measured basis at the Company’s prevailing rates, plus materials and VAT, and agreed in writing before commencement where reasonably practicable.
122. Variations may affect the completion date. Any resulting reasonable extension of time is not a breach of contract.
123. Where, for reasons of safety or to avoid abortive work, a Variation must be carried out before written agreement can be obtained, the Company will notify the Customer as soon as practicable and the work will be charged on the basis set out above.
124. Communications and instructions – All instructions, variations, complaints and notices must be given in writing to the Company’s registered email address. Instructions given verbally on site, by text message, or to individual operatives are not binding on the Company until confirmed in writing by the Company.
19. Asbestos & Hazardous Materials
125. The Company’s quotation assumes that no asbestos-containing materials or other hazardous materials are present in the areas of work, unless expressly identified by the Customer in writing beforehand.
126. If suspected asbestos or other hazardous material is encountered during the works, the Company will stop work in the affected area immediately and notify the Customer.
127. The Customer is responsible for arranging and paying for any necessary survey, testing, and licensed removal or remediation by a suitably qualified contractor before the relevant works can continue.
128. The Company accepts no liability for any delay, additional cost, or disturbance arising from the discovery of asbestos or other hazardous materials, and any resulting standing time or re-attendance will be chargeable.
20. Completion, Snagging & Acceptance
129. Works are considered practically complete when the works quoted have been carried out and are capable of being used for their intended purpose, notwithstanding minor outstanding items (“snags”).
130. On practical completion the Customer may inspect the works and submit a written list of any snags within seven (7) days. The Company will return to address legitimate snags within a reasonable period.
131. If the Customer uses the works, or fails to submit a written snagging list within the seven (7) day period, the works will be deemed accepted as complete.
132. Practical completion triggers the Customer’s obligation to make final payment in accordance with these Terms. Guarantee periods run from the completion of each element as set out at clause 27. Save for the Customer’s statutory rights, snagging items do not entitle the Customer to withhold payment for works completed.
133. Certificates and documentation – Where the works include the issue of certificates, guarantees, warranties or compliance documentation produced by the Company, these will be issued to the Customer following receipt of final payment in full. Save for the Customer’s statutory rights, the timing of issue does not entitle the Customer to withhold or delay any payment properly due. Where a certificate, notification or notice is issued by a third party (for example a Building Control body, a competent person scheme, or a specialist sub-contractor), it will be issued in accordance with that party’s own procedures and timescales, and the Company is not liable for any delay on that party’s part.
21. Client-Supplied Materials & Fitting-Only Work
134. Where the Customer supplies their own materials, goods, fixtures or fittings (for example kitchens, tiles, sanitaryware, flooring, doors or appliances), the Company’s responsibility is limited to installation only.
135. The Company gives no guarantee or warranty in respect of Customer-supplied goods, their quality, suitability, finish, or fitness for purpose, and accepts no liability for defects in, shortfalls of, or incorrect measurement or specification of such goods.
136. The Customer is responsible for ensuring sufficient, correct materials are on site in good time. Any delay, standing time, or re-attendance caused by missing, insufficient, defective, or incorrectly specified Customer-supplied goods will be chargeable.
137. The Company will inspect Customer-supplied goods for obvious damage where reasonably practicable but is under no obligation to do so and is not liable for latent defects.
Final Measurements for Bespoke, Made-to-Measure and Customer-Supplied Items
138. Where the Company carries out plastering, rendering, screeding, structural alterations, joinery, tiling, floor levelling, damp-proofing, boarding or any other works that may affect the final dimensions, levels, openings, positions or finished surfaces of an area, all final measurements must be taken after the relevant stage of those works has been completed.
139. It is the responsibility of the Customer and any supplier, manufacturer, designer or installer appointed by the Customer to carry out a final site survey and verify all dimensions before any bespoke, made-to-measure or Customer-supplied item is ordered, manufactured, cut, altered or installed. This includes, but is not limited to, kitchens and kitchen units; worktops and splashbacks; bathroom furniture and sanitary fittings; shower screens and enclosures; fitted wardrobes; bespoke joinery and fitted furniture; doors and frames; windows and glazing; flooring and floor coverings; blinds, curtain tracks and window dressings; appliances built into fixed openings; stone, resin or solid-surface fabrications; and any other item manufactured, supplied or ordered to specific site dimensions.
140. Measurements, drawings or dimensions taken before the relevant stage of the Company’s works has been completed must not be relied upon as final. For the avoidance of doubt, “the relevant stage of works” does not mean completion of the entire contract. It means completion of the particular stage of work that could affect the dimensions, levels, openings, positions or finished surfaces relevant to the item being measured.
141. The Company will notify the Customer in writing when the relevant stage of works has been completed and the area is ready for final measurement. The Company accepts no responsibility for the accuracy or suitability of measurements taken by the Customer or by any supplier, manufacturer, designer or installer appointed by the Customer, except where the Company has been specifically instructed in writing, and paid, to take final measurements itself. Where the Customer, or any supplier, manufacturer, designer or installer appointed by the Customer, attends site to take measurements, they must satisfy themselves that the relevant stage of works has been completed before doing so.
142. Where a final site survey has not been carried out after the relevant stage of the Company’s works has been completed, the Company will not be responsible for any costs arising from items not fitting or requiring alteration, including modification, remanufacture, replacement, additional labour, return visits, delays, aborted installations, storage, restocking or reordering. Such costs remain the responsibility of the Customer and any supplier appointed by the Customer, and any resulting standing time or re-attendance by the Company will be chargeable at its prevailing rates.
22. Damp and Timber Treatment – Guarantee Exclusions and Electrical Safety
This section supplements the guarantees at Section 5.
143. Any damp guarantee provided by the Company applies only to rising damp treated by the Company under the specification quoted.
144. The guarantee expressly excludes condensation, penetrating damp, lateral damp, plumbing or roof leaks, defective rainwater goods, bridged or raised external ground levels, and damp arising from lifestyle or ventilation factors (for example drying washing indoors, inadequate heating or ventilation, or blocked air bricks).
145. Where re-occurring damp is found to arise from a cause outside the treated specification, the guarantee will not apply and any investigation or remedial works will be quoted separately.
146. Timber treatment – Where the Company carries out dry rot, wet rot or woodworm treatment, the workmanship guarantee at clause 27 applies to that treatment. It does not apply where the source of moisture identified in the Company’s report or quotation has not been removed or repaired; where recommended associated works, including the replacement of decayed timber, improvements to ventilation or repairs to the building fabric, have not been carried out; or where the treated timber has been wetted again after treatment by a leak, flood, condensation or a defect in the building. Timber that is concealed or not accessible at the time of the works is not treated unless the quotation says so.
147. Replacement of decayed timber – Replacement is limited to the timber identified in the quotation. Where further decay is found once finishes are removed or the works are opened up, it will be reported and quoted separately in accordance with clause 72.
148. Damp proofing, dry rot and timber treatment: electrical safety. Where the Works include damp proofing, dry rot or timber treatment, the Customer is responsible for making sure all electrical circuits and installations in the areas to be treated are safe and in good condition before work begins. The Company will switch off the electricity to circuits in those areas for the duration of the treatment. The Customer must not take naked flames, heaters or other electrical equipment into a treated area for at least 48 hours after the treatment is completed.
23. Flood and Water Damage Restoration — Additional Terms
149. Drying equipment – Where the works include drying, the Company will install dehumidifiers, air movers or other drying equipment and set a drying programme. The equipment remains the Company’s property at all times. The Customer must not switch off, move, unplug or adjust the equipment unless the Company asks them to, and must tell the Company straight away if it stops working. The Customer is responsible for the equipment while it is at the Property and will be charged for its repair or replacement if it is lost, stolen or damaged other than through fair wear and tear.
150. Electricity – Drying equipment runs on the Property’s electricity supply. The cost of that electricity is the Customer’s and is not included in the Company’s price unless the quotation says otherwise. Where the works are the subject of an insurance claim, the Company will provide a note of the equipment used and its run times to support a claim for that cost.
151. Drying period – Drying times depend on the amount of water, the construction of the building, ventilation and the weather. Any drying period given is an estimate. The Company will monitor moisture levels and will confirm in writing when the affected areas have dried to a level suitable for reinstatement. Where the Customer switches off the equipment, restricts access, or asks for the equipment to be removed before that point, the Company is not responsible for dampness, mould, odour or decay that follows.
152. Contaminated water and stripping out – Where flood water may contain sewage, chemicals, fuel or other contaminants, the Company will advise on the removal and disposal of affected materials and on any cleaning and decontamination required. Materials that cannot be dried and decontaminated safely, for example soaked plasterboard, insulation, chipboard flooring, carpets, underlay and soft furnishings, will be removed and disposed of and will not be retained. Where the Customer declines that advice, clause 73 applies.
153. Insurance claims – Where the works are the subject of an insurance claim, the contract is between the Company and the Customer, not the insurer. The Customer remains responsible for paying the Company’s invoices in accordance with these Terms whether or not the insurer accepts the claim, agrees the Company’s price or pays the Customer in time. The Company will provide the reports, photographs and moisture readings reasonably required to support the claim, and will deal directly with an insurer or loss adjuster only where the Customer asks it to in writing. Where an insurer or loss adjuster instructs the Company directly and agrees to pay the Company, that arrangement will be confirmed in writing before work starts.
154. Reinstatement – Reinstatement works such as replastering, joinery, flooring, kitchens and decoration are not included in emergency or drying works unless the quotation says so. They will be quoted once the affected areas are dry.
24. Emergency Callouts — Additional Terms
155. Callout charge – Emergency attendance is charged at the callout charge and the hourly or fixed rate confirmed when the callout is booked. The callout charge covers travel and the first period of attendance stated at booking, and is payable whether or not a repair is possible on the visit. Attendance outside the standard hours at clause 13 is charged at the out-of-hours rate confirmed at booking.
156. What an emergency visit covers – The purpose of an emergency visit is to make the Property safe, weathertight or watertight and to stop or limit further damage, for example a temporary roof covering, boarding up, isolating a leak or clearing a blockage. Temporary measures are not a permanent repair, and the Company does not guarantee how long they will last. A permanent repair will be quoted separately and is subject to these Terms.
157. Materials and parts – Materials and parts used on an emergency visit are charged in addition to the callout and time charges at the Company’s prevailing rates, unless included in a fixed price agreed at booking.
158. Payment – Emergency callouts are payable on completion of the visit, by card or bank transfer, unless credit terms have been agreed in writing beforehand. Clauses 39 to 43 apply.
159. Cancelled or abortive callouts – Where the Customer cancels a callout after the Company’s operative has set off, or the operative attends and cannot gain access, the callout charge is payable.
160. Consumers and urgent visits – Where the Customer is a consumer and has specifically asked the Company to attend to carry out urgent repairs or make-safe works, the 14-day right to cancel does not apply to that visit. Any further work beyond what was requested for the visit will be quoted separately, and the right to cancel at clause 36 applies to that further work. Nothing in this clause affects the Customer’s statutory rights in relation to the quality of the work.
25. Business Customers — Payment Notices and Adjudication
This section applies only where the Customer is a business and the contract is a construction contract under the Housing Grants, Construction and Regeneration Act 1996 (as amended). It does not apply to consumers, or to a residential occupier contracting for work on their own home.
161. Payment notices and due dates – Unless a stage payment schedule is agreed in writing, the Company will invoice on practical completion or, for works lasting more than 45 days, monthly. Each invoice is the Company’s payment notice: it states the sum the Company considers due and how it has been calculated. The due date for payment is the date of the invoice. The final date for payment is seven days after the due date, in line with clause 39.
162. Pay less notices – If the Customer intends to pay less than the sum stated in an invoice, the Customer must give the Company written notice no later than two days before the final date for payment, stating the sum the Customer considers due and how it has been calculated. If no such notice is given in time, the sum stated in the invoice is payable in full by the final date for payment.
163. Suspension for non-payment – Where a sum due is not paid in full by the final date for payment and no valid pay less notice has been given, the Company may suspend some or all of the works after giving seven days’ written notice. The Company is then entitled to a reasonable extension of time and to its reasonable costs of suspending and resuming the works.
164. Adjudication – Either party may at any time refer a dispute arising under the contract to adjudication. The adjudication provisions of the Scheme for Construction Contracts (England and Wales) Regulations 1998, as amended, apply, and the referring party may apply to any adjudicator nominating body. This is in addition to the dispute resolution provisions at Section 17.
165. Where anything in this section conflicts with the rest of these Terms for a business customer, this section prevails. Clause 43 (interest and administration fee on late payment) continues to apply.
26. Material Prices & Provisional Sums
166. Quotations are based on material prices current at the date of quotation. For works extending beyond the quotation validity period, the Company reserves the right to pass on documented increases in the cost of materials (for example timber, lead, and insulation) arising after the quotation date.
167. Where the full scope or specification of an element is not known at the date of quotation, an allowance (a “provisional sum”) may be included. Provisional sums are estimates only; the final charge will reflect the actual works carried out and materials used, agreed in accordance with the Variations clause above.
27. Additional General Provisions
168. Entire Agreement – The accepted quotation together with these Terms & Conditions constitute the entire agreement between the parties and supersede any prior discussions, representations, or correspondence, whether verbal or written.
169. No Retention / Withholding – Save for the Customer’s statutory rights, payment for completed works is due in full in accordance with these Terms. The Customer is not entitled to retain or withhold any part of a payment by way of retention, save where a specific sum has been agreed in writing for identified outstanding works.
170. Severance – If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
171. Third-Party Rights – A person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
172. Assignment – The Customer may not assign or transfer their rights or obligations under this agreement without the Company’s prior written consent.
173. Consumer Rights – Nothing in these Terms affects the Customer’s statutory rights as a consumer, including under the Consumer Rights Act 2015.
*Goods made to the Customer’s specification or clearly personalised are excluded from the statutory right to cancel under regulation 28 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. That exclusion applies to those goods only. It does not remove the Customer’s right to cancel the contract for services, which is set out at Appendix A.
Appendix A – Cancellation of Consumer Contracts
This appendix applies where the Customer is a consumer and the contract was made away from the Company’s business premises or at a distance, for example at the Customer’s home, by telephone, or by email. It does not apply where the Customer is a business.
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, for example a letter sent by post or an email. Our details are: Quirks Property Maintenance Ltd, The Poplars, Mold Road, Ewloe Green, Flintshire CH5 3AZ. Telephone 01244 638219. Email info@quirksonline.co.uk.
You may use the model cancellation form set out below, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If you asked us to begin the performance of services during the cancellation period, you must pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract, in comparison with the full coverage of the contract.
Model cancellation form
Complete and return this form only if you wish to cancel the contract.
To: Quirks Property Maintenance Ltd, The Poplars, Mold Road, Ewloe Green, Flintshire CH5 3AZ. Telephone 01244 638219. Email info@quirksonline.co.uk.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service:
………………………………………………………………………………………………
Ordered on [ ] / received on [ ]
Name of consumer(s): ………………………………………………………………
Address of consumer(s): ……………………………………………………
………………………………………………………………………………………………
Signature of consumer(s) (only if this form is notified on paper): …………………………
Date: ………………
[*] Delete as appropriate.
Request to start work within the cancellation period
If you would like us to begin work before the 14-day cancellation period has ended, please complete and return the following. This is optional.
I request that Quirks Property Maintenance Ltd begins the works before the end of the 14-day cancellation period. I understand that I must pay for the works carried out and materials supplied up to the point of any cancellation, in proportion to the full contract price, and that I will lose the right to cancel once the works have been fully performed.
Name: ………………………………………………………………
Signature: ………………………………… Date: ………………