The Small Print
Standard Terms and Conditions-
Annette Murphy trading as a:m INTERIORS
at 8 Watling Street, Radlett, Hertfordshire WD7 7NH (“a:m INTERIORS”)
provides an interior design service, and you, (the “Client”) have agreed that:
1. a:m INTERIORS shall provide the goods and services (the Goods and Services”) set out in the Schedule as part of the Client’s interior design scheme (the “Scheme”).
2. These Terms and Conditions shall apply in respect of all matters arising out of the Scheme and shall override any terms and conditions stipulated, incorporated or referred to by the Client, whether orally or in writing and whether in the Client’s brief to a:m INTERIORS or in any negotiations and can only be varied by agreement in writing between the parties.
3. Proposals made to the Client as part of the Scheme are made on a strictly confidential basis and must not be used by the Client or on their behalf until a fee has been agreed for their use. Any documentation provided by a:m INTERIORS to the Client remain the property of a:m INTERIORS until completion of the Scheme and payment in full.
4. [In consideration of a:m INTERIORS providing its services to complete the Scheme, the Client shall pay a:m INTERIORS [rate as agreed with Client]. [In the absence of an express agreement regarding fees, a:m INTERIORS will charge for time spent at the prevailing [hourly/daily] rate of as agreed with Client.]
5. a:m INTERIORS, as agent of the Client, may enter into legally binding contracts with third party suppliers for and on behalf of the Client.
GOODS AND SERVICES
6. a:m INTERIORS may appoint third party suppliers to provide the Goods and Services listed in the Schedule.
7. Any instruction involving the purchase of Goods or Services from a third party supplier must be received from the Client in writing prior to any purchase being made.
8. Where a:m INTERIORS, on the instruction of the Client. alters or cancels any order with a third party supplier, the Client will be liable to pay a:m INTERIORS any costs howsoever incurred by a:m INTERIORS as a result of such alteration or cancellation.
9. a:m INTERIORS must be paid in full in advance of any purchase, or any order being placed on behalf of the Client for Goods and Services, unless the delivery date is such that a deposit only will be required in advance of the order.
10. Failure to pay the balance of any order by the Client will result in the deposit being forfeited.
11. a:m INTERIORS does not accept any liability and does not give any representation, warranty or indemnity in respect of Goods and Services provided by third party suppliers and shall not be liable to the Client for any failure of a third party supplier to supply the Goods and Services ordered on behalf of the Client (whether because of insolvency of the third party supplier or otherwise).
12. All discounts belong to a:m INTERIORS and will reside with a:m INTERIORS unless otherwise agreed with the Client.
13. It is the responsibility of the Client to pay any increase in price imposed by a third party supplier after quotation, and before purchase of any Goods and Services listed in the Schedule.
14. Recommendations made by a:m INTERIORS to purchase from certain third party suppliers is not an endorsement of quality and a:m INTERIORS does not accept any liability whatsoever for the quality of the Goods and Services supplied by third party suppliers.
15. a:m INTERIORS is not liable for Goods damaged in transit, or late in arrival, discontinuations or shortages. Upon receipt, purchased Goods become the responsibility of the Client, and a:m INTERIORS is not liable for any damage or faults of manufacture of any item purchased under the Scheme. Any dispute arising out of the supply of Goods to the Client shall be settled between the third party supplier and the Client.
16. Delivery dates are to be agreed between the third party supplier and the Client.
17. a:m INTERIORS is not liable for any Service provided by a third party supplier to the Client. Any dispute that may arise is to be settled between the Client and the third party supplier of the Service.
18. Clients will be billed monthly and payment must be received by a:m INTERIORS within 14 days of receipt of the invoice.
19. Until payment has been received, a:m INTERIORS will cease all work on the Scheme.
20. a:m INTERIORS reserves the right to charge interest in respect of late payment of invoices at the rate of 4% per annum above the Bank of England’s official Bank Rate in force at that time, such interest to accrue at a daily rate from the due date until payment is received by a:m INTERIORS.
21. This Agreement remains in force until terminated by either party giving the other party written notice of termination. The Client must give a:m INTERIORS [two weeks’] notice of termination. On termination, the Client shall be liable for the proportion of fees accrued up until the date of termination and the Client shall pay all amounts owing to a:m INTERIORS as set out in a final invoice issued by a:m INTERIORS within seven days of receipt. Termination does not affect a party's accrued rights and obligations at the date of termination.
22. The failure to exercise or delay in exercising a right or remedy provided by these Terms and Conditions or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by these Terms and Conditions or by law prevents further exercise of the right or remedy or the exercise of another right or remedy.
23. The rights and remedies contained in these Terms and Conditions are cumulative and not exclusive of rights or remedies provided by law.
24. Nothing in these Terms and Conditions shall have the effect of limiting or restricting any liability of any person arising as a result of any fraud.
25. If a court of competent jurisdiction declares any provision in these Terms and Conditions invalid or unenforceable, this shall not in any way affect the remaining Terms and Conditions.
26. The headings in these Terms and Conditions are for convenience only and shall not affect the interpretation of these terms and conditions in any way.
27. These Terms and Conditions are governed by English law.