Terms & Conditions | Pure Finish NW

Terms & Conditions of Business — Version 4 (draft, based on Version 3)

These Terms & Conditions form part of every quotation issued by Pure Finish North West and apply to all Works carried out by the Company.

By accepting a quotation and/or paying a deposit, the Customer confirms they have read, understood and agreed to these Terms & Conditions in full.

1. Definitions

"Company" means Pure Finish North West, its employees, subcontractors and authorised representatives.

"Customer" means the individual, business, organisation or other party who accepts a Quotation issued by the Company.

"Consumer" means a Customer acting wholly or mainly outside their trade, business, craft or profession.

"Business Customer" means a Customer who is not a Consumer.

"Works" means all spraying, coating, painting, decorating, preparation, repair, refinishing or related services carried out by the Company under an accepted Quotation.

"Quotation" means any written estimate, proposal, invoice or pricing document issued by the Company, together with these Terms & Conditions.

"Contract" means the agreement between the Company and the Customer formed in accordance with Clause 2.

"Variation" means any change to the scope, specification, materials or price of the Works agreed in accordance with Clause 9.

"Site" means the property or premises at which the Works are to be carried out.

"Written" and "in writing" include email, SMS, WhatsApp message and any other durable electronic communication, as well as physical documents.

"Standard Preparation" means the preparation scope defined in Clause 7 and Schedule A.

"Pre-Works Condition Record" means the photographic and/or written record of Site conditions taken in accordance with Clause 6.

2. Basis of Contract and Acceptance

2.1 A Quotation is an invitation to enter into a contract and does not constitute an offer capable of acceptance until confirmed by the Company.

2.2 A binding Contract is formed on the earlier of:

the Customer confirming acceptance of the Quotation in writing; or
the Customer paying a deposit against the Quotation; or
the Customer permitting the Company to commence the Works.

2.3 These Terms & Conditions are supplied with, referenced in, and form part of every Quotation. Payment of a deposit constitutes acceptance of these Terms & Conditions in full, whether or not the Customer has read them. The Customer is responsible for reading these Terms before making payment and may request a further copy at any time free of charge.

2.4 These Terms & Conditions apply to the exclusion of any other terms the Customer seeks to impose or incorporate, including any terms printed on a purchase order, unless expressly agreed in writing by a director of the Company.

2.5 Any samples, drawings, colour references, photographs or marketing material issued by the Company are illustrative only and do not form part of the Contract.

2.6 Verbal statements, estimates or assurances given by any operative, employee or subcontractor do not vary the Contract. Only a written Variation issued in accordance with Clause 9 has contractual effect.

3. Consumer Cancellation Rights (Consumers Only)

This clause applies only where the Customer is a Consumer and the Contract was concluded away from the Company's business premises (for example at the Customer's home, or at a distance by telephone, email or messaging).

3.1 The Consumer has the right to cancel the Contract within 14 days of the date the Contract is formed, without giving any reason.

3.2 To cancel, the Consumer must inform the Company of their decision by a clear statement in writing (email, WhatsApp, letter or the cancellation form supplied with the Quotation) before the 14-day period expires.

3.3 Where the Consumer wishes the Works to begin before the end of the 14-day cancellation period, the Consumer must expressly request this in writing. The Company will provide a short written acknowledgement for the Consumer to confirm. Where such a request is made and the Consumer subsequently cancels within the 14-day period, the Consumer remains liable to pay for the Works, materials and preparation supplied up to the point of cancellation, calculated on a proportionate basis by reference to the total Quotation value.

3.4 Where the Works have been fully performed within the 14-day period at the Consumer's express written request, and the Consumer has acknowledged that they will lose the right to cancel once the Works are complete, the right to cancel is lost on completion.

3.5 Where a Consumer exercises a valid right to cancel and Clause 3.3 does not apply, the Company will refund all sums paid within 14 days of receiving the cancellation notice.

3.6 This clause does not apply to Business Customers, who have no statutory cancellation right and are subject to Clause 27 (Cancellation and Termination).

4. Quotations, Pricing and Validity

4.1 An estimate produced by the Company’s online price builder is an indication only and is not a Quotation. A Quotation is issued only after the Company has reviewed the Customer’s photographs (and, where requested, carried out a site visit). Official Quotations do not expire; the prices in an official Quotation are fixed for the items listed, subject to Clauses 4.4 and 9.

4.2 Quotations are prepared on the basis of:

the information supplied by the Customer;
a visual, non-invasive inspection of the accessible areas of the Site;
an assumption that the substrates are in sound, unaltered and coatable condition; and
an assumption that only Standard Preparation (Clause 7 and Schedule A) is required.

4.3 The Company does not carry out invasive investigation, moisture testing, adhesion testing, coating identification or structural survey as part of the quotation process unless expressly instructed and charged for. The Customer acknowledges that the true condition of a substrate frequently cannot be determined until preparation has commenced.

4.4 The Company reserves the right to amend a Quotation, before or during the Works, where:

the scope, specification or finish requested changes;
hidden, latent or previously concealed defects are identified;
access conditions differ materially from those described or observed;
existing coatings, paints, sealants, mastics, adhesives, protective films, contamination, corrosion, substrate defects or third-party workmanship require preparation beyond Standard Preparation;
the Site is not prepared or cleared in accordance with Clause 10;
material costs increase by more than 5% between the date of Quotation and the date of order; or
the Works are delayed by more than 60 days for reasons attributable to the Customer.

4.5 Any amendment under Clause 4.4 will be dealt with as a Variation under Clause 9. The identification of additional work on the day the Works are scheduled to commence does not prevent the Company from raising a Variation.

4.6 Unless expressly stated, Quotations exclude: scaffolding and specialist access; removal and reinstatement of fixtures, fittings, blinds, alarms, satellite dishes, signage or security equipment; asbestos or lead-containing material survey, encapsulation or removal; repair or replacement of defective substrates; re-sealing or re-mastic works; carpentry, glazing, roofing or rendering repairs; waste removal beyond the Company's own waste; and making good to third-party surfaces.

5. Scope of Works

5.1 The Company will carry out the Works described in the accepted Quotation with reasonable skill and care, in accordance with relevant manufacturer technical data sheets and good trade practice.

5.2 Works may include, but are not limited to:

uPVC spraying and refinishing (windows, doors, frames, fascias, soffits, cladding, conservatories, garage doors)
Kitchen cabinet and unit spraying and refinishing
Granite, worktop and hard surface refinishing
Interior decorating and wall painting
Commercial and residential spray finishing

5.3 Anything not expressly listed in the Quotation is excluded from the Works.

5.4 The Company reserves the right to determine the method, sequence, materials and application system used, provided the specified finish is achieved.

6. Pre-Works Condition Record

6.1 Before commencing the Works, and where reasonably practicable, the Company will take a photographic and/or written record of the condition of the substrates and the immediate surrounding areas, including floor coverings, blinds, glazing, driveways, patios, boundaries, landscaping and any pre-existing damage.

6.2 The Pre-Works Condition Record will be retained by the Company and may be shared with the Customer on request.

6.3 The Customer agrees that the Pre-Works Condition Record shall be the primary evidence of Site condition immediately prior to commencement of the Works. Where the Customer disputes the record, they must notify the Company in writing before the Works commence.

6.4 The Company may also record the condition of substrates, contamination, defects or third-party workmanship discovered during the Works, and will share such records with the Customer where they give rise to a Variation.

7. Standard Preparation — uPVC and Sprayed Finishes

7.1 Standard Preparation for uPVC and similar sprayed substrates comprises:

(a) Cleaning — removal of general surface dirt, dust, cobwebs, algae, pollution film and light atmospheric soiling;
(b) Degreasing — application of an appropriate solvent or proprietary degreasing agent to remove surface grease, oils and light residues;
(c) Light abrasion — light sanding, scuffing or keying of the surface where required by the coating manufacturer to achieve adhesion;
(d) Masking — masking of glazing, seals, gaskets, ironmongery and immediately adjacent surfaces in accordance with Clause 11.

7.2 Standard Preparation does not include, and the following are chargeable as a Variation:

removal of manufacturer's protective film, backing film, plastic wrap, transit film or the adhesive residue left by any of them, including where such film has bonded, melted, baked or fused to the substrate over time;
removal of silicone, mastic, sealant, adhesive, foam, tape residue, render splash, cement, plaster, filler, mortar, paint spots or grout deposits left by any previous installer, contractor or occupier, except where re-sealing has been quoted and paid for under Clause 7.3;
preparation and coating of previously sprayed, painted, coated, wrapped or refinished surfaces, which is dealt with under Clause 7.4;
removal or remediation of previous coatings, paints, sprays, wraps, foils or refinishing systems, including any that are failing, peeling, flaking, chalking, blistering, delaminating or incompatible with the specified system;
treatment of heavy algae, moss, lichen, biological growth, nicotine, soot, grease deposits or other heavy contamination;
rectification of scratches, gouges, dents, burns, heat distortion, discolouration, UV degradation, chalking, corrosion or physical damage;
repair, filling, replacement or reinforcement of damaged, cracked, warped, rotten or structurally unsound substrates;
removal and refitting of fixtures, trims, beading, ironmongery, blinds, signage, alarms or ancillary equipment;
additional access, working at height or specialist equipment not identified at the point of quotation.

7.3 Re-sealing and re-siliconing. Removal of existing silicone, mastic and sealant, and the application of new sealant, is available as a separate priced item and will be shown as its own line on the Quotation where the Customer has requested it. Where the Customer has requested and paid for re-sealing, the Company will remove the existing silicone, mastic or sealant from the areas covered by that item as part of the work quoted, and no further charge arises for that removal. Where re-sealing has not been requested and paid for, existing silicone, mastic and sealant will be left in place and sprayed around, masked, or left untreated as the Company considers appropriate, and any removal that later proves necessary is chargeable as a Variation. The Company does not warrant the condition, adhesion or weather performance of any existing sealant left in place, and gives no guarantee in respect of it.

7.4 Previously sprayed, painted or coated surfaces. The Company is willing to work on surfaces that have previously been sprayed, painted, coated, wrapped or refinished. Such surfaces require additional assessment, preparation and, in some cases, a different coating system or method, and are therefore quoted separately and at a different rate from work on original, uncoated substrates. Where the Customer did not disclose a previous coating before the Quotation was issued, or where a previous coating is discovered once work has begun, the Company will raise a Variation under Clause 9. Guarantees on previously coated surfaces are subject to Clause 8.2.

7.5 Third-party workmanship. The Customer acknowledges that the Company is not responsible for, and does not bear the cost of, remedying defective, incomplete or negligent work carried out by any previous installer, manufacturer, contractor, tradesperson or occupier. Where such work requires additional labour, materials or time in order to achieve a substrate suitable for coating,

that additional work is chargeable to the Customer as a Variation, notwithstanding that the underlying defect is not the fault of either the Company or the Customer.

7.6 Additional preparation is charged at the Company's prevailing labour rate, or at a fixed price quoted in the Variation, at the Company's discretion. The Company will notify the Customer of the charge before carrying out the additional work wherever practicable.

7.7 Where the Customer declines to authorise necessary additional preparation, the Company may, at its discretion:

decline to proceed with the affected area and exclude it from the Works and from any guarantee;
proceed on the express written instruction of the Customer, on the basis that all guarantees on the affected area are void and the Company accepts no liability for the resulting finish or its durability; or
suspend or terminate the Works in accordance with Clause 27.

8. Pre-Existing Conditions, Hidden Defects and Substrate Suitability

8.1 The Company provides guarantees only in respect of substrates it has assessed as suitable for the coating system applied.

8.2 Where a surface has previously been painted, coated, sprayed, wrapped, foiled, repaired, refinished, treated or otherwise altered, the Company cannot verify the identity, compatibility, age, condition or long-term performance of the existing material. In such cases, guarantees may be reduced, limited or excluded entirely at the Company's discretion, and the Company will notify the Customer accordingly.

8.3 The Company accepts no liability for coating failure, discolouration, adhesion loss, blistering, cracking or any other defect arising from or contributed to by:

previous coatings, finishes, wraps or treatments;
hidden, latent or concealed defects;
contamination present in or on the substrate prior to the Works;
moisture ingress, damp, condensation, interstitial moisture or water penetration;
substrate deterioration, UV degradation, plasticiser migration or thermal movement;
structural movement, settlement, subsidence or building defects;
defective glazing, failed units, defective seals or defective installation;
third-party workmanship, alterations or subsequent works by others;
the Customer's failure to disclose known defects or previous treatments.

8.4 The Customer warrants that they have disclosed to the Company all known previous coatings, treatments, repairs, defects, leaks and damp issues affecting the Site.

9. Variations and Additional Works

9.1 No Variation is binding unless recorded in writing and confirmed by the Customer in writing.

9.2 Where the Company identifies work outside the original Quotation, it will notify the Customer by WhatsApp, SMS or email, and will set out:

a description of the additional work required;
the reason it is required;
supporting photographs where practicable; and
the additional cost and any effect on the programme.

9.3 The Customer shall confirm acceptance or rejection of the Variation in writing. Any written reply indicating agreement — including a message such as "yes", "ok", "go ahead", "approved" or equivalent — constitutes acceptance of the Variation and of the associated charge.

9.4 Where the Customer gives verbal instruction to proceed, the Company will send a written record of that instruction as soon as practicable. The Customer shall notify the Company in writing within 24 hours if the record is inaccurate. In the absence of such notification, the record shall stand as the agreed Variation.

9.5 The Customer agrees that WhatsApp, SMS and email exchanges between the Customer and the Company constitute written communications for the purposes of the Contract, are admissible as evidence of the parties' agreement, and may be retained by the Company for the purposes set out in Clause 30.

9.6 Where the Customer does not respond to a Variation notice, the Company is under no obligation to carry out the additional work and may suspend the affected element of the Works. Standby, re-attendance and rescheduling charges under Clause 12.5 may apply.

9.7 Variations are invoiced in addition to the Quotation price and are payable in accordance with Clause 21 unless otherwise agreed in writing.

10. Customer Responsibilities — Site Preparation

10.1 The Customer shall, at their own cost and before the Works commence:

provide safe, clear, unobstructed and lawful access to the Site and to all areas in which the Works are to be carried out;
remove or make safe all furniture, soft furnishings, floor coverings, rugs, curtains, blinds, personal possessions, valuables, ornaments, electrical items and anything else of value or susceptible to damage from the areas in which the Works are to be carried out and the immediately adjacent areas;
remove or relocate all vehicles, motorcycles, bicycles, garden furniture, planters, ornaments, bins, water features, hot tubs and similar items from the vicinity of the Works;
notify neighbours and any adjoining occupiers of the Works and ask them to move vehicles and possessions from the vicinity where relevant;
ensure pets and children are kept away from the working area for the duration of the Works and during curing;
disclose all known defects, previous coatings, treatments, repairs, damp issues and hazardous materials;
provide access to a functioning mains electricity supply and, where required, a water supply, at no charge to the Company;
arrange any necessary parking permits, suspensions, dispensations or loading access, at their own cost;
isolate or notify the Company of alarms, sensors, cameras, satellite equipment, EV chargers, solar equipment or any other systems that may be affected.

10.2 Where the Customer fails to comply with Clause 10.1, the Company may (without limiting any other remedy):

decline to commence or continue the Works;
charge for abortive attendance, standby time and rescheduling under Clause 12.5;
carry out the clearance or protection itself and charge the Customer as a Variation; and/or
exclude from any guarantee, and disclaim liability for, any area or item affected by the Customer's non-compliance.

11. Masking, Protection, Overspray and Incidental Contamination

The Customer's attention is specifically drawn to this clause. It limits the Company's liability for overspray, marking and incidental contamination, sets out what the Customer must remove or protect, and imposes a 7-day period for reporting. Please read it in full before accepting the Quotation.

11.1 Nature of spray application. The Customer acknowledges and accepts that spray application is a process which, by its nature, produces airborne atomised coating particles, mist, dust and fine residue. Notwithstanding the use of professional masking, sheeting, screening, extraction and containment measures, it is not technically possible to eliminate the risk of airborne particles settling on nearby surfaces entirely. The Customer accepts this as an inherent characteristic of the process and not as a defect in the Works.

11.2 Protection included. The Company will, using reasonable skill and care, mask and protect glazing, seals, gaskets, ironmongery and surfaces immediately adjacent to the areas being sprayed, and will take reasonable precautions to contain overspray, dust and disruption. This protection is limited to the immediate working area.

11.3 The Company will do its best, and will take all steps that are reasonable and practicable in the circumstances, to ensure that no damage, marking, staining or overspray affects the Customer's property or the property of any third party. The Customer acknowledges that, notwithstanding those steps, such incidents can and do occur as an unavoidable feature of on-site spray application, and agrees that the occurrence of such an incident is not of itself

evidence that the Company has failed to take reasonable care. Subject to Clause 11.7, the Company is not liable for such incidents.

11.4 Protection not included. The Company is not responsible for protecting, and does not accept liability for, damage, marking, staining, residue or contamination affecting:

carpets, rugs, floor coverings, laminate, tiling, decking, timber flooring and underlay;
curtains, blinds, shutters, nets, soft furnishings, upholstery and textiles;
driveways, paths, patios, paving, block paving, tarmac, resin, gravel and concrete surfaces;
vehicles, motorcycles, caravans, boats, trailers, machinery and any other vehicle at or near the Site;
gardens, lawns, planting, shrubs, hedges, ponds, artificial grass, garden furniture and outdoor equipment;
glass, glazing units, conservatory roofs, solar panels, skylights, mirrors and reflective surfaces;
brickwork, render, stonework, cladding, guttering, downpipes, sills, lintels and roof coverings;
fences, gates, boundary walls, sheds, outbuildings and garages;
neighbouring properties, land, vehicles, possessions and any third-party property;
signage, lighting, cameras, satellite dishes, aerials, EV chargers, alarms and external equipment;
and any other surface, item, fixture, fitting, possession or property, whether or not of a type listed above,

where such damage, marking, staining, residue or contamination arises from overspray, mist, atomised particles, airborne coating, dust, sanding residue, solvent vapour, masking tape or masking materials, and where:

(a) the item was not removed, relocated or protected by the Customer in accordance with Clause 10; or
(b) the item could not reasonably have been protected further given its location, nature or fixity; or
(c) the Customer instructed the Company to proceed despite being advised of the risk.

11.5 Advance warning. Where the Company identifies before or during the Works an item at particular risk which the Customer has not removed or protected, the Company will notify the Customer in writing and, where appropriate, offer additional protection as a Variation. Where the Customer declines, or does not respond, and instructs the Works to continue, the Customer accepts the risk in respect of that item.

11.6 Remediation. Where residue attributable to the Works appears on a surface, the Company's sole obligation, subject to Clause 11.7, is to attempt remediation using appropriate professional cleaning or touch-in methods at a time convenient to both parties. The Company

shall not in any circumstances be liable for the replacement, renewal or full-item substitution of any carpet, blind, floor covering, driveway, vehicle or other item where localised remediation, cleaning or touch-in is capable of achieving a reasonable result. The Customer shall not instruct replacement or third-party remediation without first giving the Company a reasonable opportunity to inspect and remedy.

11.7 Negligence. Nothing in this Clause 11 excludes or limits the Company's liability for damage caused by its own negligence or failure to exercise reasonable skill and care, or for death or personal injury caused by negligence, or for any other liability which cannot lawfully be excluded. This clause allocates responsibility for risks inherent in the spraying process and for items the Customer has been asked, and has failed, to remove or protect.

11.8 The Customer must report any alleged overspray, marking or contamination in writing within 7 days of the date the Works are completed. Reports made outside this period may not be capable of proper investigation and the Company reserves the right to decline them, save where the Customer could not reasonably have discovered the issue within that period.

12. Access, Safety and Site Conditions

12.1 The Customer acknowledges that the Company will use ladders, towers, access equipment, spraying systems, compressors, extraction equipment, solvents, coatings and other trade equipment at the Site.

12.2 The Company may refuse to commence, may suspend, or may terminate the Works where in its reasonable opinion:

access is unsafe, unsuitable or unlawful;
the Site presents a health and safety risk to its operatives or to others;
required permissions or access rights have not been obtained;
weather or environmental conditions are unsuitable; or
the behaviour of any person at the Site is abusive, threatening or obstructive.

12.3 Where access to or over neighbouring land, scaffolding, or shared areas is required, the Customer is responsible for obtaining all necessary consents and permissions before the Works commence, and warrants that such consents are in place.

12.4 Spray application involves solvents, fumes and airborne particles. The Customer shall ensure that occupants, pets, vulnerable persons and any person with a respiratory condition vacate the affected areas during application and for such period afterwards as the Company advises. The Company will provide reasonable ventilation guidance on request.

12.5 Abortive attendance. Where the Company attends the Site and is unable to commence or continue the Works for reasons attributable to the Customer — including denied or restricted access, an uncleared Site, unsafe conditions, unauthorised Variations, or a failure to respond to a Variation notice — the Company reserves the right to charge for abortive attendance, standby time, operative costs and rescheduling, and to recover any resulting losses.

12.6 The Customer shall provide at least 48 hours' written notice of any request to postpone or reschedule. Shorter notice may attract charges under Clause 12.5.

13. Hazardous Materials

13.1 The Company does not carry out asbestos or hazardous material surveys and is not licensed to remove, encapsulate or disturb asbestos-containing materials.

13.2 The Customer warrants that they have disclosed all known asbestos-containing materials, lead-based paints and other hazardous materials at the Site. Where the Company knows or suspects that the Works may disturb such materials — including in older soffits, fascias, cladding, garage roofs, artex, textured coatings or pre-1992 paint systems — it will cease work immediately in the affected area and notify the Customer.

13.3 Any survey, testing, removal, encapsulation or specialist works required is the Customer's responsibility and cost. Delay, standby and rescheduling arising from such a discovery is chargeable under Clause 12.5.

14. Consents, Permissions and Property Status

14.1 The Customer warrants that they are the owner of the Site or are duly authorised by the owner to instruct the Works.

14.2 The Customer is solely responsible for obtaining, before the Works commence, all necessary consents, including but not limited to: freeholder, landlord or management company consent; leasehold consent; listed building consent; conservation area consent; planning permission; building control approval; housing association or local authority permission; and any consent required under a restrictive covenant, estate management scheme or new-build developer agreement.

14.3 The Company accepts no liability where the Works are subsequently found to require a consent that has not been obtained, and the Customer shall indemnify the Company against any resulting claim, cost or enforcement action.

14.4 The Customer is responsible for confirming whether the Works affect any existing product warranty, window guarantee, installation guarantee or NHBC/new-build warranty on the Site. The Company accepts no liability for the invalidation of any third-party warranty as a result of the Works.

15. Weather, Environmental Conditions and Scheduling

15.1 External spraying is dependent upon suitable weather and environmental conditions, including temperature, humidity, dew point, wind speed and the absence of precipitation. The Company will determine, at its sole discretion, whether conditions are suitable.

15.2 Start dates and completion dates are estimates only. Time is not of the essence unless expressly agreed in writing by a director of the Company.

15.3 The Company shall not be liable for delay caused by: adverse or unsuitable weather; restricted or denied access; third-party contractors; supply chain or material shortages;

Customer delay or indecision; Variations; discovery of defects or hazardous materials; illness or operative unavailability; or any circumstance outside the Company's reasonable control.

15.4 Where wind conditions create an unacceptable risk of overspray drift onto third-party property, the Company will postpone the affected Works. Such postponement is not a breach of the Contract.

16. Finish, Colour and Appearance

16.1 The Customer acknowledges and accepts that:

colour appearance varies according to lighting, viewing angle, substrate colour and surrounding surfaces;
colour and sheen may vary slightly between batches, between production runs and between different substrate types;
an exact match to an existing colour, an adjacent surface, a previous finish, a manufacturer's original factory finish, a digital image or a printed swatch cannot be guaranteed;
slight variations in texture, orange peel, sheen level and film build are normal characteristics of spray application;
minor inclusions of airborne dust or fibre are normal in on-site spray application and are not defects;
existing substrate condition, profile, repairs and imperfections will remain visible through, and may be accentuated by, the applied finish;
dark colours applied to uPVC may absorb greater heat and are applied at the Customer's risk in respect of thermal movement, distortion or expansion.

16.2 Colour selection is the Customer's responsibility. Colour references should be confirmed in writing against a physical sample or BS/RAL reference before ordering. Once materials have been ordered or mixed to the Customer's specification, colour changes are chargeable in full.

16.3 The finish should be assessed in normal daylight from a distance of approximately two metres. Assessment under artificial, raking or directional light, or at close range, is not an appropriate standard for judging the Works.

17. Curing, Aftercare and Maintenance

17.1 Coatings continue to cure and harden after application. The Company will advise the Customer of the applicable handling, opening, cleaning and full-cure periods for the system used.

17.2 During the curing period the Customer shall not: clean, wash, wipe, polish or pressure-wash the coated surfaces; apply tape, stickers, films or adhesives; permit contact with hard objects; remove masking not removed by the Company; or subject the surfaces to abrasion or impact. Windows and doors should be opened with care in accordance with the Company's guidance.

17.3 Ongoing maintenance. To maintain the finish and any guarantee, the Customer shall clean the coated surfaces at least twice per year using warm water and a pH-neutral, non-abrasive detergent, and shall not use solvents, thinners, bleach, abrasive pads, scouring products, wire wool, cutting compounds, pressure washers or steam cleaners.

17.4 Any guarantee is void in respect of any area where Clauses 17.2 or 17.3 have not been complied with.

18. Completion, Inspection and Snagging

18.1 The Works are complete when the Company has carried out the works described in the Quotation and any agreed Variations, notwithstanding the existence of minor snagging items.

18.2 The Company will invite the Customer to inspect the Works on completion where practicable. The Customer shall raise any concerns at that inspection or as soon as reasonably practicable afterwards.

18.3 The Customer must notify the Company in writing of any defect or snagging item within 28 days of completion, save for overspray and contamination claims, which are subject to the 7-day period in Clause 11.8.

18.4 The Company reserves the right to inspect and assess any reported issue before any remedial action is undertaken. The Customer shall not instruct any third party to alter, repair, replace or make good the Works without first affording the Company a reasonable opportunity to inspect and remedy. Where the Customer does so, the guarantee on the affected area is void and the Company accepts no liability for the associated cost.

18.5 Nothing in this clause affects a Consumer's statutory rights, which are not limited to 28 days.

19. Guarantees and Warranties

19.1 Any guarantee offered by the Company:

applies only to the specific Works described in the Quotation;
is conditional upon payment in full of all sums due, including Variations;
is conditional upon compliance with Clauses 17.2 and 17.3;
applies only to the original Customer at the original Site and is not transferable unless confirmed in writing;
is subject to the exclusions in Clauses 8, 11, 17 and 19.3.

19.2 The duration and scope of any guarantee will be stated in the Quotation or in a separate guarantee document. Where no guarantee is stated, none is given beyond the Customer's statutory rights.

19.3 Guarantees do not cover: accidental damage; impact, scratching or abrasion; misuse, neglect or improper cleaning; vandalism, theft or malicious damage; structural defects or movement; water ingress, damp or condensation; storm, flood, fire or extreme weather; natural fading, weathering and fair wear and tear; alterations or works carried out by others; failure

attributable to unsuitable, previously coated or defective substrates; or any matter excluded under Clause 8.3.

19.4 Manufacturer-backed systems. Where specialist coating systems are used, including ColorSpray / RegaLead and similar products, the Company will apply them in accordance with the manufacturer's technical data sheets and preparation requirements so far as reasonably practicable. Any manufacturer-backed guarantee is subject to the manufacturer's own terms, exclusions, registration and approval requirements. The Company cannot guarantee that a manufacturer will accept a warranty claim, and is not liable for any manufacturer refusal arising from substrate condition, previous coatings, contamination, environmental conditions, Customer interference, third-party alterations or any circumstance beyond the Company's control.

19.5 Where the Customer instructs the Company to proceed contrary to the Company's written advice, no guarantee applies to the affected Works.

20. Deposits

20.1 All projects require a deposit unless otherwise agreed in writing. The deposit amount is stated in the Quotation.

20.2 Deposits secure project scheduling, labour allocation, material purchasing and operational preparation, and are applied against the final balance.

20.3 Subject to Clause 3 (Consumer cancellation rights) and to applicable law, the Company may retain all or part of the deposit to the extent of the costs and losses it has actually incurred, where: • the Customer cancels after materials have been ordered or mixed;

access to the Site is refused or obstructed;
unsafe or unsuitable conditions prevent the Works proceeding;
the Customer fails to comply with Clause 10; or
the Customer otherwise breaches the Contract.

20.4 Where the Company retains any part of a deposit under Clause 20.3, it will provide the Customer with a written breakdown of the costs and losses relied upon, and will refund any balance.

20.5 The deposit is 20% of the Quotation price and is payable in full to confirm the booking.

20.6 Subject always to Clause 3 (Consumer cancellation rights) and to the Customer’s statutory rights: (a) if the Customer cancels more than 4 weeks (28 days) before the scheduled start date, the deposit will be refunded in full; (b) if the Customer cancels within 4 weeks of the scheduled start date — including where the deposit was paid less than 4 weeks before the scheduled start date — the deposit is non-refundable, as it reflects the labour, scheduling and materials the Company commits to the booking at that point.

20.7 Where the Company needs to move a booking (for example because of weather unsuitable for spraying, or unforeseen circumstances), the Company will offer the Customer new dates and the deposit remains held against the rescheduled Works.

21. Payment

21.1 Payment may be made by credit or debit card, by Klarna (where offered at checkout and subject to Clause 22), by bank transfer, or in cash. The deposit is paid online by card or Klarna.

21.2 Unless otherwise agreed in writing, the balance is due immediately upon completion of the Works.

21.3 The Customer may not withhold, deduct or set off any sum from an invoice by reason of a minor snagging item, an alleged defect, or a dispute over a Variation. Where a genuine dispute exists in relation to part of an invoice, the undisputed balance remains payable in full and on time, and the disputed element shall be dealt with under Clause 24.

21.4 Variations are invoiced in addition to the Quotation price and are payable on the same terms.

21.5 The Company is not currently registered for VAT and no VAT is charged. If the Company becomes VAT registered, VAT will only be added to Quotations issued after the date of registration.

22. Klarna and Spreading the Cost

22.1 The Company does not offer its own instalment, credit or finance arrangements.

22.2 Where offered at checkout by the Company’s payment provider, the Customer may choose to pay the deposit and/or the balance using Klarna. Klarna’s products are provided by Klarna, not by the Company, and are subject to Klarna’s own eligibility checks, terms and conditions. The Company is paid in full by its payment provider, and any agreement to pay in instalments is between the Customer and Klarna.

22.3 If Klarna is not available to the Customer, or the Customer prefers not to use it, payment may be made by card or by the other methods in Clause 21.1.

22.4 Late payment of any sum owed to the Company (other than amounts owed to Klarna under the Customer’s own agreement with Klarna) is dealt with under Clause 23.

23. Late Payment, Suspension and Recovery

23.1 Where any sum is not paid by its due date, the Company may:

suspend the Works and any further work for the Customer;
suspend or withdraw any guarantee until payment is received in full;
charge interest on the overdue amount; and
refer the debt to a debt recovery agent or commence legal proceedings.

23.2 Interest accrues daily on overdue sums:

for Consumers, at 4% per annum above the Bank of England base rate, from the due date until payment;
for Business Customers, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, together with the fixed sum compensation and reasonable recovery costs provided for under that Act.

23.3 The Customer shall reimburse the Company for all reasonable costs actually incurred in recovering overdue sums, including debt recovery agency fees, legal costs and court fees.

23.4 Retention of title. Ownership of all materials supplied by the Company remains with the Company until payment has been received in full for those materials and for the Works to which they relate.

23.5 Suspension of the Works under this clause is not a breach by the Company, and the Company is not liable for any delay or loss arising from it.

24. Defects, Complaints and Rectification

24.1 The Company does not offer automatic refunds. Where a legitimate concern is raised, the Company will investigate and seek to resolve it fairly and within a reasonable time.

24.2 The Company's usual remedies, applied at its discretion and in the following order, are:

inspection and assessment;
remedial works, touch-in or re-application to the affected area;
repair or partial re-finish;
an alternative resolution agreed with the Customer.

24.3 Complaints should be sent in writing to the Company. The Company will acknowledge within 5 working days and aim to provide a substantive response within 21 days.

24.4 Nothing in these Terms & Conditions affects a Consumer's statutory rights under the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, or any other applicable consumer protection legislation. Where a Consumer's statutory rights entitle them to a remedy that differs from Clause 24.2, those statutory rights prevail.

24.5 Where the Company and a Consumer cannot resolve a complaint, the Consumer may be entitled to refer the matter to an alternative dispute resolution provider or to the courts.

25. Liability

25.1 Nothing in these Terms & Conditions excludes or limits the Company's liability for: death or personal injury caused by its negligence; fraud or fraudulent misrepresentation; breach of the terms implied by the Consumer Rights Act 2015 in a Consumer contract; or any other liability which cannot lawfully be excluded or limited.

25.2 Subject to Clause 25.1, the Company's total liability arising out of or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the total price paid by the Customer for the Works.

25.3 Subject to Clause 25.1, the Company is not liable for: loss of profit; loss of business, revenue or anticipated savings; loss of use; loss of rental or accommodation costs; loss of opportunity; damage to goodwill or reputation; distress or inconvenience beyond that which is reasonably foreseeable; or any indirect or consequential loss.

25.4 The Company is not liable for pre-existing defects, damage or conditions at the Site, whether or not disclosed, and whether or not recorded in the Pre-Works Condition Record.

25.5 The Company is not liable for any loss arising from the Customer's breach of these Terms & Conditions, including a failure to comply with Clauses 10, 13, 14 or 17.

26. Insurance

26.1 The Company maintains public liability insurance appropriate to its operations. Evidence of cover is available on request.

26.2 The Company is responsible for its own employees, subcontractors and insurance obligations during the Works.

26.3 The Customer is responsible for maintaining adequate buildings and contents insurance in respect of the Site.

27. Cancellation and Termination

27.1 This clause is subject to Clause 3 where the Customer is a Consumer.

27.2 Where the Customer cancels after a Contract is formed, the Company may charge for:

materials, paints, coatings and bespoke products already ordered or mixed for the Customer;
labour, preparation and works already carried out;
unrecoverable third-party costs, hire charges and subcontractor commitments;
reasonable administrative costs actually incurred; and
any other loss reasonably and directly incurred as a result of the cancellation.

27.3 Charges under Clause 27.2 will be itemised in writing and will reflect the Company's actual loss. Any deposit held will be applied against those charges and any balance refunded.

27.4 The Company may terminate the Contract immediately by written notice where the Customer: fails to pay any sum when due; fails to provide safe access or a compliant Site; refuses a necessary Variation; behaves abusively or threateningly toward the Company's personnel; becomes insolvent or subject to bankruptcy proceedings; or commits any other material breach.

27.5 On termination, all sums due for Works carried out, materials supplied and losses incurred become immediately payable.

28. Force Majeure

28.1 The Company is not liable for any failure or delay in performing its obligations caused by events beyond its reasonable control, including: severe or adverse weather; flood, fire, storm or natural disaster; supplier or material shortages; transport disruption; fuel shortages; industrial action; epidemic, pandemic or public health measures; illness or unavailability of key personnel; utility failure; theft of, or damage to, plant, vehicles or equipment; cyber incident; or government or regulatory restriction.

28.2 Where a force majeure event continues for more than 60 days, either party may terminate the Contract by written notice, and the Customer shall pay for all Works carried out and materials supplied to that date.

29. Photography, Marketing and Intellectual Property

29.1 As part of the Company's standard operating procedure, photographs and video of the Works may be taken for quality control, record keeping, training, dispute resolution and marketing.

29.2 Where images are used for marketing, identifying information — including full addresses, house numbers, vehicle registrations and identifiable persons — will be excluded or obscured so far as reasonably practicable.

29.3 A Customer who does not wish their property to be used for marketing purposes must notify the Company in writing before the Works commence. This does not affect the Company's right to retain images for quality control, record keeping and dispute resolution.

29.4 All images taken by the Company remain the Company's property and copyright.

30. Data Protection and Communications

30.1 The Company processes Customer personal data — including name, address, contact details, quotation records, payment records, photographs and message correspondence — for the purposes of performing the Contract, complying with legal obligations, and establishing, exercising or defending legal claims.

30.2 The Customer agrees that the Company may retain WhatsApp, SMS and email correspondence relating to the Works, including Variation approvals, for a period of not less than 6 years, and that such records may be relied upon as evidence in any dispute.

30.3 The Company handles personal data in accordance with the UK GDPR and the Data Protection Act 2018. A copy of the Company's privacy notice is available on request.

31. Commercial Client Additional Terms

31.1 For Business Customers and commercial projects:

phased invoicing may apply, with each phase payable immediately on completion of that phase;
additional access, induction, permit-to-work and site management requirements may apply;
working hours may be restricted, and out-of-hours working is chargeable;
programme dates may depend on third-party contractor coordination, for which the Company is not responsible.

31.2 The Business Customer shall provide safe site access, suitable working conditions, welfare facilities where required, and appropriate site management coordination.

31.3 The Business Customer shall not, during the Works and for 12 months afterwards, directly or indirectly solicit or employ any employee or subcontractor of the Company who has been engaged in the Works, without the Company's prior written consent.

31.4 The exclusions and limitations in Clauses 11, 25 and 27 apply to Business Customers without the Consumer-specific qualifications, to the fullest extent permitted by law.

32. Subcontracting and Assignment

32.1 The Company may subcontract or delegate any part of the Works, and remains responsible for the performance of its subcontractors.

32.2 The Customer may not assign or transfer the Contract, or any rights under it, without the Company's prior written consent.

33. Notices and Communications

33.1 Notices under the Contract may be given by email, WhatsApp, SMS, hand delivery or post to the contact details provided by the parties.

33.2 A notice sent by email, WhatsApp or SMS is deemed received at the time of transmission, or if sent outside business hours, at 9.00am on the next working day.

33.3 The Customer shall notify the Company promptly of any change to their contact details.

34. General

34.1 Entire agreement. The Contract constitutes the entire agreement between the parties and supersedes all prior discussions, representations and understandings, whether written or oral. Nothing in this clause limits liability for fraudulent misrepresentation or affects a Consumer's statutory rights.

34.2 Variation of terms. No variation of these Terms & Conditions is effective unless agreed in writing by a director of the Company.

34.3 Severance. If any provision is found to be invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary or, if that is not possible, deleted. The remaining provisions continue in full force.

34.4 No waiver. A failure or delay by the Company in exercising any right does not constitute a waiver of that right.

34.5 Third party rights. No person other than the parties has any right to enforce any term of the Contract under the Contracts (Rights of Third Parties) Act 1999.

34.6 Headings. Clause headings are for convenience only and do not affect interpretation.

34.7 Discretionary goodwill. The Company may from time to time, entirely at its own discretion, carry out additional preparation, cleaning, sealant work, remedial work, touch-in or other work that it would be entitled to charge for under these Terms & Conditions, and may choose not to charge for it. Any such work is a goodwill concession only. It does not amount to an admission that the work formed part of Standard Preparation or of the original Quotation, does not amount to an admission of liability, does not vary these Terms & Conditions, does not create any precedent or expectation in respect of the same or any other Customer or any future Works, and does not waive the Company's right to charge for the same or similar work on any other occasion. Where the Company carries out work on this basis it will, where practicable, record in writing that it has been done as a goodwill concession.

35. Governing Law and Jurisdiction

35.1 These Terms & Conditions and the Contract are governed by and interpreted in accordance with the laws of England and Wales.

35.2 Any dispute arising under or in connection with the Contract is subject to the exclusive jurisdiction of the courts of England and Wales.

SCHEDULE A — Standard Preparation and Chargeable Extras (uPVC)

Included in every uPVC quotation as standard:

Included Description

Cleaning Removal of general dirt, dust, cobwebs, light algae, pollution film

and atmospheric soiling

Degreasing Solvent or proprietary degreasant to remove surface grease, oils

and light residue

Light abrasion Light sanding / scuffing / keying where required for adhesion

Masking Glazing, seals, gaskets, ironmongery and immediately adjacent

surfaces

Protection Reasonable containment of overspray within the immediate

working area

Chargeable as a Variation — quoted separately before work proceeds:

Not included Typical cause

Protective film / transit wrap removal Installer failed to remove film; film has baked or bonded to

substrate

Adhesive, tape or film residue removal

Long-term film adhesion, stickers, labels, tape

Silicone, mastic, sealant, foam removal

Previous installer overrun or poor finishing — see priced options below

Render, cement, plaster, mortar, filler, paint splash removal

Building works by others

Removal of previous coatings, sprays, wraps or foils

Prior refinishing by others; failing existing coating

Heavy algae, moss, lichen, nicotine, soot, grease

Neglect or environment

Scratch, gouge, dent, burn or heat-distortion repair

Damage predating the Works

Substrate repair or replacement Cracked, warped, rotten or unsound material

Removal / refitting of trims, beading, ironmongery, blinds, signage

Not included in standard scope

Specialist access or working at height

Not identified at quotation stage

Re-sealing / re-mastic after preparation

Follows removal of defective sealant

Additional protection of at-risk items Customer unable or unwilling to remove

Available as separate priced items — quoted as their own line on the Quotation:

Priced option What it covers

Full re-seal / re-silicone Removal of all existing silicone, mastic and sealant from the quoted areas, and application of new sealant. Where this item is purchased, the removal is included and is not charged again as preparation.

Previously sprayed or coated surfaces

Assessment, additional preparation and coating of surfaces already sprayed, painted, wrapped or refinished. Quoted at a different rate from original uncoated substrate. Guarantee terms may be reduced or excluded.

Additional protection of at-risk items Extra masking, sheeting or screening of items the Customer

cannot remove.

Basis of charge: Additional preparation is charged at the Company's prevailing labour rate or at a fixed price quoted in the Variation. A Variation notice with photographs will be issued before the work is carried out.

Goodwill: Pure Finish North West may on occasion absorb the cost of additional work rather than charge for it. Where we do, it is a one-off goodwill decision under Clause 34.7. It does not change what is included as standard, and it does not mean the same work will be free next time or for anyone else.

SCHEDULE B — Customer Pre-Works Checklist

Please complete all of the following before our team arrives. Failure to do so may result in abortive attendance charges and will affect what we can accept responsibility for.

Inside (kitchens, interiors)

☐ Worktops, appliances, small appliances and contents cleared

☐ Cupboards emptied where units are being sprayed

☐ Floor coverings, rugs and mats lifted or removed

☐ Curtains, blinds and nets taken down

☐ Furniture moved out or into the centre of the room

☐ Valuables, ornaments, electronics and soft furnishings removed

☐ Pets and children arranged to be elsewhere for the duration

☐ Alarm and smoke sensors identified to us (spray mist can trigger them)

Outside (uPVC, fascias, soffits, doors, cladding)

☐ All vehicles moved well clear of the working area

☐ Neighbours informed and asked to move their vehicles

☐ Garden furniture, planters, bins, ornaments, hot tubs moved or covered by you

☐ Washing lines cleared and washing brought in

☐ Access routes clear; gates unlocked; parking arranged

☐ Satellite dishes, cameras, EV chargers, solar equipment pointed out to us

☐ Any known damage, leaks, damp, previous coatings or repairs disclosed to us

☐ Any asbestos or pre-1992 paint concerns disclosed to us

Both ☐ Mains electricity available (and water if requested)

☐ All required freeholder / landlord / management company / listed building consents obtained

☐ Someone contactable by phone or WhatsApp throughout the working day

SCHEDULE C — Variation Confirmation: Standard Message Wording

Use this wording on WhatsApp whenever additional work is identified. Send photographs with it. Do not proceed until you have a written reply.

Pure Finish NW — Additional Work Notice

Hi \[name\], we've come across something on site that isn't covered by your quote and we need your go-ahead before we carry on.

What we've found: \[description\]

Why it needs doing: \[reason — e.g. protective film has bonded to the fascia and the coating won't adhere over it\]

Photos: attached

Additional cost: £\[amount\] (or \[rate\] per hour, estimated \[hours\])

Effect on timing: \[none / adds approx. X hours / adds X day\]

This falls outside Standard Preparation under Clause 7 of the terms attached to your quote.

Please reply "approved" to confirm and we'll crack on. If you'd rather not proceed, let us know and we'll talk through the options — but we may need to exclude this area from the work and from the guarantee.

After any verbal go-ahead on site, always send:

Just to confirm in writing what we agreed on site: \[description\] at £\[amount\]. Please let us know within 24 hours if anything here isn't right — otherwise we'll proceed on this basis.

Pure Finish North West — Terms & Conditions v3 These Terms & Conditions are supplied with every quotation and form part of the contract between the Company and the Customer.