Terms and Conditions
TERMS AND CONDITIONS
Protea Refurbishment Ltd
Protea Refurbishment Ltd is a company registered in England and Wales under company number 15202734.
Registered Office: Flat 8, 104 Foxley Lane, Purley, England, CR8 3NB.
These Terms and Conditions apply to services and Works provided by Protea Refurbishment Ltd.
1. Definitions
"Protea Refurbishment", "Protea Refurbishment Ltd", "we", "us" and "our" means Protea Refurbishment Ltd, a company registered in England and Wales under company number 15202734, whose registered office is at Flat 8, 104 Foxley Lane, Purley, England, CR8 3NB.
"Client" means the person or entity who authorises the Works.
"Works" means the services, labour and other work set out in the quotation and any variations subsequently agreed.
"Quotation" means the written description and price for the Works provided by us to the Client.
"Practical Completion" means when the Works are substantially complete and fit for their intended use, notwithstanding minor defects or snagging items.
2. Website Use and General Information
The content on this website is provided for general information only and does not constitute a binding offer or quotation.
Submitting an enquiry through the website does not create a contractual relationship.
No contract for Works is formed solely by submitting a website enquiry.
We make reasonable efforts to ensure that website content is accurate but do not guarantee that all content is complete, current or error-free.
We reserve the right to update, amend or remove website content at any time without notice.
We do not guarantee uninterrupted access to the website.
3. Intellectual Property
All content on this website, including text, images, photographs, logos and design, is the property of Protea Refurbishment Ltd unless otherwise stated.
No website content may be copied, reproduced, distributed or used for commercial purposes without our prior written permission.
4. Privacy
We process personal data in accordance with the UK General Data Protection Regulation, the Data Protection Act 2018 and our Privacy Policy.
Personal information may be used to respond to enquiries, provide quotations, carry out Works, communicate with Clients, process payments and invoices and comply with our legal obligations.
Further information regarding how personal data is processed is set out in our Privacy Policy.
5. Quotations and Acceptance
Acceptance of a quotation, whether in writing, by email, text message or other clear communication, confirms acceptance of these Terms and Conditions.
Where a Client is a consumer, nothing in these Terms affects any statutory rights or cancellation rights that apply by law.
Quotations are valid for sixty (60) days unless otherwise stated.
All quotations are based on visible conditions and the information available or provided to us at the time the quotation is prepared.
We reserve the right to revise the cost and anticipated duration of the Works where:
• The agreed scope of Works changes;
• Unforeseen or hidden conditions are discovered;
• Information provided to us is inaccurate or incomplete;
• Additional Works are requested or required;
• The Client causes a delay or changes the agreed requirements.
No additional Works will proceed without the Client's agreement where reasonably practicable.
6. Cancellation and Consumer Cancellation Rights
Nothing in these Terms affects a Client's statutory cancellation rights.
Where the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to a distance or off-premises contract, a consumer may have the right to cancel the contract within fourteen (14) days without giving a reason.
Where the Client requests that Works begin during an applicable statutory cancellation period, we may require the Client to make an express request for the Works to commence before the cancellation period has expired.
If the Client subsequently exercises a statutory right to cancel after requesting that the Works commence during the cancellation period, the Client may be required to pay a reasonable amount for the Works and services provided up to the date of cancellation, to the extent permitted by law.
Where the Works have been fully performed during the cancellation period following the Client's express request and acknowledgement, the Client may lose the statutory right to cancel where permitted by law.
Outside any applicable statutory cancellation right, cancellation within twenty-four (24) hours of the agreed start time may incur a charge of up to £280 to reflect reasonably incurred costs, committed labour and lost time.
Failure to provide agreed access to the property or site may result in a reasonable call-out or wasted attendance charge.
7. Payment Terms
Final payment is due upon the satisfactory completion of the agreed Works and must be paid within three (3) working days of Practical Completion, unless otherwise agreed in writing.
For the purposes of these Terms, satisfactory completion means that the agreed Works have been substantially completed in accordance with the Quotation and any agreed variations and are fit for their intended use.
Minor defects or snagging items do not prevent the Works from being considered satisfactorily complete and do not delay the due date for final payment.
Time is of the essence for payment.
We may request a deposit before commencing the Works or ordering materials.
Late or overdue payment may result in:
• Suspension of the Works;
• Delay to the Works or completion date;
• Recovery of reasonable debt recovery or enforcement costs where legally recoverable;
• Interest or statutory late payment charges where legally applicable.
Where the Client is acting in the course of a business, statutory interest and debt recovery charges may apply to qualifying late commercial payments in accordance with applicable legislation.
Nothing in this clause limits any statutory rights of a consumer.
8. Deposits and Credit Card Protection
We may require a deposit before ordering materials, reserving labour or commencing the Works.
The deposit amount and payment date will be stated in the Quotation or otherwise agreed in writing.
Where the total cash price of the relevant goods or services is more than £100 and not more than £30,000, a Client who pays all or part of the relevant price directly by credit card may be entitled to protection under Section 75 of the Consumer Credit Act 1974.
Section 75 protection may apply even where only a deposit or another part-payment is made by credit card.
Eligibility for Section 75 protection depends on the individual transaction and the applicable legal requirements and is determined by the Client's credit provider.
If you pay by Credit Card your deposit should be protected under Section 75 of the Consumer Credit Act. If you choose not to pay by Credit Card your Deposit may not be protected.
Payment by debit card, bank transfer, cash or another payment method does not provide Section 75 protection, although other rights or payment protections may apply.
Nothing in this clause constitutes financial or legal advice or guarantees that a particular transaction or claim will qualify for Section 75 protection.
9. Staged Payments
For projects over £2,000, or where otherwise agreed, payments may be made in stages.
Staged payments will be set out in the Quotation or otherwise agreed in writing and may include:
• A deposit prior to commencement;
• Interim payments at agreed stages or milestones;
• Final payment within three (3) working days of Practical Completion.
Stage payments become due when the relevant agreed stage or milestone has been substantially completed.
Failure to make a stage payment when due may result in suspension of the Works and an extension to the anticipated completion date.
10. Retention
For projects over £15,000, a retention of five per cent (5%) may apply where expressly agreed in writing.
Unless otherwise agreed:
• 2.5% will be released at Practical Completion;
• The remaining 2.5% will be released three (3) months after Practical Completion, subject to there being no outstanding notified workmanship defects for which we are responsible.
Retention applies to workmanship only and does not extend the twelve-month workmanship guarantee.
Retention does not apply to materials, variations or specialist subcontract Works unless expressly agreed in writing.
11. Materials Purchased on Behalf of the Client
Where expressly agreed that we purchase materials on the Client's behalf as the Client's agent:
• We act as the Client's purchasing agent for those materials;
• Materials are charged at cost, including applicable delivery, collection and return costs;
• Responsibility for the manufacturer's or supplier's product warranty remains subject to the terms of that manufacturer or supplier.
We do not provide an additional manufacturer-style guarantee for materials supplied by the Client or purchased as the Client's agent.
This does not exclude or restrict any rights or remedies that cannot legally be excluded.
We will use reasonable care when sourcing materials.
Where materials fail, we will reasonably assist the Client in pursuing any available manufacturer or supplier warranty claim.
Unless the failure results from defective workmanship for which we are responsible, labour for removal, investigation and replacement may be chargeable.
Where a manufacturer or supplier claim is unsuccessful, replacement materials and associated labour may remain chargeable, subject to the Client's statutory rights.
12. Workmanship Guarantee
We provide a twelve (12) month workmanship guarantee commencing on the last day that we carry out Works on site in relation to the agreed project.
The guarantee covers defects arising directly from our workmanship.
The guarantee does not cover:
• Structural movement or settlement;
• Cracking caused by movement outside the scope of our workmanship;
• Normal wear and tear;
• Misuse or accidental damage;
• Failure to carry out reasonable maintenance;
• Alteration, interference or repair by a third party;
• Defects arising solely from Client-supplied materials;
• Product or material failure that is not caused by our workmanship.
Defects should be reported to us in writing within a reasonable time after discovery.
We must be provided with a reasonable opportunity to inspect and, where appropriate, rectify a workmanship defect for which we are responsible.
This guarantee does not affect the Client's statutory rights under the Consumer Rights Act 2015 or other applicable law.
13. Variations
Any change to the agreed Works is a variation.
Variations should be agreed in writing before the additional or changed Works proceed where reasonably practicable.
A variation may affect the price, labour requirements, material costs and anticipated completion date.
We are not obliged to carry out additional or varied Works without agreement.
Where urgent Works are reasonably necessary to address an immediate health and safety risk or prevent significant further damage, we will attempt to contact the Client before proceeding.
Where it is not reasonably practicable to obtain prior agreement, we may take reasonable urgent action necessary to make the situation safe or prevent further damage. Reasonable associated costs may be chargeable.
14. Delays and Events Outside Our Control
We are not responsible for delays caused by events or circumstances outside our reasonable control.
These may include:
• Adverse weather conditions;
• Supplier or delivery delays;
• Material shortages;
• Hidden or unforeseen defects;
• Structural issues;
• Client-requested changes;
• Delays caused by the Client;
• Restricted or unavailable access;
• Third-party contractor delays;
• Utility provider delays;
• Government action or restrictions;
• Force majeure events.
Where such a delay occurs, the anticipated completion date will be extended by a reasonable period.
We will take reasonable steps to minimise avoidable delay.
We are not liable to pay compensation for delay caused by circumstances outside our reasonable control, except where liability cannot legally be excluded.
15. Access and Working Conditions
The Client must provide reasonable and safe access to the property or site as required to carry out the Works.
The Client must provide access to electricity, water and other utilities where reasonably required for the Works, unless otherwise agreed.
The Client must ensure that the working area is reasonably clear and accessible.
We reserve the right to suspend the Works where access is restricted or site conditions are unsafe.
Delays and reasonable additional costs caused by restricted access, unavailable utilities or unsafe working conditions may be chargeable.
16. Health and Safety
The Client must inform us of any known health and safety risks or hazards at the property or site.
This includes any known or suspected asbestos, hazardous materials, contaminated areas, unsafe structures or other relevant risks.
Unless expressly included in the agreed Works, we do not undertake asbestos removal or specialist hazardous material removal.
If a previously unidentified health and safety risk is discovered, we may immediately suspend the affected Works.
Works will resume when the relevant risk has been appropriately assessed and, where necessary, made safe.
Reasonable additional costs and delays arising from previously undisclosed or unforeseen hazards may be chargeable.
17. Parking and Site Charges
The Client must provide or identify suitable parking within a reasonable distance of the property or site where reasonably possible.
Where free or suitable parking is not available, the Client agrees to reimburse reasonable parking and access costs directly associated with carrying out the Works, including:
• Parking permits;
• Meter or parking charges;
• Congestion or road-user charges directly incurred in attending the Works.
Parking fines or penalty charges will only be charged to the Client where the charge directly results from parking arrangements or instructions required by the Client and where no reasonable lawful alternative was available.
18. Waste Disposal
Unless otherwise stated in the Quotation, we will remove reasonable general construction waste generated directly by our Works.
Waste that existed before commencement of the Works is not included unless expressly agreed.
Hazardous, contaminated or specialist waste is excluded unless expressly included in the Quotation.
Additional or specialist waste disposal may incur additional charges where agreed or reasonably necessary.
19. Practical Completion and Snagging
Practical Completion occurs when the agreed Works are substantially complete and fit for their intended use.
Minor defects, outstanding adjustments or snagging items do not prevent Practical Completion where they do not materially prevent the intended use of the Works.
The Client should notify us promptly in writing of any snagging items or concerns.
We will be given a reasonable opportunity to inspect and, where we are responsible, rectify valid snagging items.
The existence of minor snagging items does not automatically delay the due date for final payment.
20. Suspension of Works
We reserve the right to suspend all or part of the Works where:
• A payment or agreed stage payment is overdue;
• Site conditions are unsafe;
• Reasonable access is not provided;
• The Client materially interferes with or obstructs the Works;
• Continuing the Works would breach a legal or health and safety requirement.
Where reasonably practicable, we will notify the Client of the reason for suspension.
Any anticipated completion date may be reasonably extended to account for the period of suspension and the remobilisation of labour, subcontractors or materials.
Reasonable additional costs directly resulting from a Client-caused suspension may be chargeable.
21. Photographs and Marketing
We may take photographs of the Works for project records, quality control and evidential purposes.
We may also use photographs of completed Works for our portfolio, website and marketing purposes, provided that we do not intentionally disclose the Client's name, personal information or other sensitive information.
Where a photograph would clearly identify the Client or disclose sensitive personal information, we will obtain appropriate permission before using it for marketing.
A Client may ask us in writing not to use photographs of their property for marketing purposes.
22. Liability
We maintain appropriate insurance in connection with our business activities.
We are not responsible for pre-existing defects or damage that was not caused by our failure to exercise reasonable care and skill.
The Client should remove or appropriately secure cash, jewellery, antiques, fragile items, sentimental items and other valuables from the working area before the Works commence.
We are not liable for indirect or consequential losses to the extent that such liability may lawfully be excluded.
Nothing in these Terms excludes or limits liability where it would be unlawful to do so.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded or limited.
Any damage or issue that is reasonably apparent should be reported to us as soon as reasonably practicable.
23. Complaints Policy
Protea Refurbishment Ltd always endeavours to provide a professional service and complete all Works to a high standard.
However, on rare occasions a Client may not be completely satisfied with the service or Works provided.
To allow us the opportunity to put matters right as quickly as possible, the Client should inspect the Works following completion and notify us promptly of any concerns.
The Client should check that the Works have been completed in accordance with the agreed Quotation, these Terms and any agreed variations.
Any complaint or concern should be raised with Protea Refurbishment Ltd as soon as reasonably practicable by telephone, email or in writing.
Where a complaint is submitted by post, we recommend that the Client obtains and retains proof of posting.
Complaints Procedure
Upon receipt of a complaint, Protea Refurbishment Ltd will acknowledge the complaint as soon as reasonably possible and, in any event, within seven (7) days.
We will review the complaint and aim to offer an appropriate course of action within twenty-eight (28) days.
Where reasonably necessary, we will arrange a mutually convenient date to inspect the Works and assess the matters raised.
The Client agrees to provide Protea Refurbishment Ltd with reasonable access to inspect the Works and a reasonable opportunity to investigate and, where appropriate, remedy any defect or issue for which we are responsible.
Where remedial Works are agreed with the Client, we will carry out those Works as soon as reasonably practicable and in accordance with our obligations under applicable consumer law.
We will keep the Client reasonably informed regarding the progress of the complaint.
Where we do not uphold a complaint, we will provide the Client with an explanation of our decision.
The Client should not arrange for another contractor or third party to alter, repair, remove or replace the Works concerned before Protea Refurbishment Ltd has been given a reasonable opportunity to inspect and, where appropriate, remedy the issue.
This does not apply where urgent action is reasonably necessary for health and safety purposes or to prevent significant further damage.
Alternative Dispute Resolution
Protea Refurbishment Ltd will endeavour to resolve all complaints amicably and in good faith.
If a complaint cannot be resolved after our complaints procedure has been exhausted and a deadlock has been reached, the complaint may be escalated to an Alternative Dispute Resolution service where applicable.
As part of our Which? Trusted Traders endorsement, Clients may have access to the Which? Trusted Traders complaints process and Alternative Dispute Resolution service for eligible domestic installation, service, repair and maintenance contracts.
Clients wishing to enquire about eligibility for Alternative Dispute Resolution should contact Which? Trusted Traders.
Telephone: 029 2267 0040
Eligibility and access to the Alternative Dispute Resolution service are determined in accordance with the applicable Which? Trusted Traders scheme requirements and procedures.
Nothing in this Complaints Policy affects the Client's statutory rights.
24. Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of England and Wales.
Where the Client is a consumer, the Client retains any rights regarding jurisdiction that apply under applicable consumer law.
25. Amendments to These Terms
Protea Refurbishment Ltd may amend these Terms and Conditions from time to time.
The version applicable to a contract is the version provided or made available to the Client at the time the contract is accepted.
Any subsequent amendment to the website Terms and Conditions will not retrospectively alter an existing contract unless agreed by both parties or required by law.
Protea Refurbishment Ltd
Registered in England and Wales.
Company Number: 15202734
Registered Office: Flat 8, 104 Foxley Lane, Purley, England, CR8 3NB.