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AGREEMENT

__________________________________________________________________

AGREEMENT FOR PROVISION OF PLASTERING SERVICES
__________________________________________________________________

Between

(1) Mac Construction & Refurbishment Limited, ‘COMPANY’

And

(2) ……………………………………………………………..…………………., ‘CLIENT’

THIS AGREEMENT is made on the ………………………………………………..

BETWEEN:

(1) Mac Construction & Refurbishment Limited, Dalton House, 60 Windsor Avenue, London SW19 2RR (hereinafter referred to as ‘COMPANY’), represented by Mr Maciej Hybza,
and

(2) ………………………………., ……………………………………. (hereinafter referred to as
‘CLIENT’),

jointly referred to as ‘the Parties’ or solely ‘the Party’

1. SUPPLY OF SERVICES
1.1 The Company hereby provides plastering services described in the Quote attached
hereto (hereinafter ‘ the Quote’) , and other related services as may be assigned to the
Company by the Client (hereinafter ‘Services’) and the Company shall perform the Services
in accordance with this Agreement.
1.2. The Client confirms it acts in a professional capacity and The Consumer Rights Act 2015
is not applicable to this Agreement.
1.3 The Services along with the materials used will be provided in accordance with Client’s
order and further instructions and recommendations.

2. PREPARATORY WORK AND ADDITIONAL ARRANGEMENTS

2.1. The Quote will provide detailed arrangement in respect of protection of existing surfaces
(floors, carpets, curtains, doors, furniture etc.) at Client’s premises subject to paragraph 2.1.1.
The Client is presented with the following level of protections:
a) Waterproof protection -which provides the most suitable protection for the flooring and
keeps the floors from any damp or water damage. The Company shall be liable for any water
damage caused during the provision of the Services.
b) Dust sheets – which offer only temporary protection. The Company will not be liable for
any floor damage caused during the provision of the Services
c) No protection – it is Client’s obligation to provide protection of the surfaces, including
furniture, fabrics, floors etc.

2.1.1. It is deemed that if the Quote does not refer to any preparatory work, including but not
limited to Fibre glass mesh or materials supply, none will be provided and the Company will
not be held liable for any damage occurred as a result of it, in accordance with paragraph 6.3
(f).
2.2. The Company will place any rubbish in the designated area by the Client but it remains
Client’s responsibility to dispose of any unused materials, debris etc. during and after
completion of the Services in compliance with national and local laws and regulations,
subject to paragraph 2.2.1.
2.2.1. Rubbish removal services may be arranged between Parties at additional cost which, if
agreed upon, will be reflected in the Quote..
2.3. The Client acknowledges that during the provision of the Services, the Company may not
be attending Client’s premises on a daily basis and the Client will be informed of the above.
2.4. The Client is obliged to comply with Company’s instructions in respect of any
preparatory works in preparation for the commencement of the Services, including but not
limited to the following tasks:
a) The Client will, ensure that all electrical supplies are isolated in the areas where work will
to be undertaken
b) The Client will complete all necessary prerequisite work, such as, stripping of wallpaper,
removal of skirting, filling holes etc
c) The Client will ensure to remove all belongings from the work area premises, including
all furniture, radiators, curtains, curtain poles, equipment, pictures, ornaments and other
sundries , prior to commencement of the Services and ensure easy access to the premises
2.5. If the Client is unable to complete all preparatory works referred to in paragraph 2.4 (b)
these services may be arranged between Parties at additional cost which, if agreed upon, will
be reflected in the Quote.
2.6. In the event, the Client does not comply with paragraph 2.4 and the Services cannot be
performed, or access to the premises is not allowed, the Client may incur additional costs.
2.7 If despite Company’s reasonable efforts to resolve the issues referred to in paragraph 2.6,
the Company is are unable to contact the Client or re-arrange access to the premises, it
reserves the right to terminate this Agreement in accordance with paragraph 7.3 (a).

3. PAYMENTS

3.1. The Client pays for the provision of the Services, the total sum referred to in the Quote,
in accordance with paragraph 3.2.
3.2. The due dates for payment are as following:

3.2.1 Where the Services are to be completed in more than 5 working days payments must be
made as following:
a) The Company informs the Client every week in advance of the value of the works
completed up to that date, together with the costs of all materials. All payments must be
settled within 7 days of the date of the invoice unless payment is to be made in cash, in which
case payment must be made on the same day the invoice has been issued.
b) The last payment must be made on the day of completion.
3.2.2 Where the Services are to be completed within 5 working days, payment will be due on
the day of completion.
3.3. Failure to pay or delayed payment may result in termination of this Agreement, in
accordance with paragraph 7.3 (b) or may result in suspension of the Services until
outstanding payment is received in full.
3.3.1. In the event of non-payment or delayed payment, the Client may be liable for
additional costs and losses suffered by the Company.
3.3.2. Any overdue payments will be subject to an interest charge of 5% daily.
3.4. If the Services have to be discontinued due to Client’s conduct or omission, including
but not limited to, lack of or inadequate preparatory work, no access to essential facilities,
breach of paragraph 5.2, the Client will be charged a penalty of £250.00 without prejudice to
paragraph 3.5.
3.5. If the Services can be no longer continued, the Client is obliged to make any outstanding
payment for the Services on the same day.

4. VARIATIONS (SCOPE OF SERVICES & TIME LIMITS)

4.1. The Quote, including the description of the Services agreed and associated costs should
not be varied unless expressly agreed in writing by both parties (approved form includes
parties communication via text messages, email, communicators such as WhatsApp) prior to
implementing any amendments, detailing the price and specification of such variations,
without prejudice to paragraph 4.2.
4.2. If additional or unexpected works will have to be carried out upon commencement of the
Services, the Company will advise the Client of extra costs. If the costs are not agreeable, the
Client has the right to terminate this Agreement, in accordance with paragraph 7.1 (a). This
does not include any works that result from lack of or inadequate preparatory works carried
out by the Client.
4.3. The duration of the Services is specified in the Quote however this period is considered
to be an estimate and may not always be adhered to, due to, including but not limited to, force
majeure, unexpected works, any issues with the materials or the conditions of the premises
where Services are being performed. The Company shall use its reasonable best efforts to

commence and complete the Services on the agreed dates however it reserves the right to
vary the above as a result of unexpected circumstances or events beyond Company’s control.

5. PARTIES’ WARRANTIES AND OBLIGATIONS

5.1 In supplying the Services, the Company additionally represents and warrants that:
a) the Services shall be performed with the highest level of care, skill and diligence in
accordance with best practice in the industry, profession or trade and shall not violate,
applicable laws, rules or regulations., subject to paragraph 6.4
b) upon completion of the Services, the surface will be left ready for decoration and
Client’s premises will be left in reasonable clean condition.
c) will comply with all standards and procedures when providing the Services which
refer only to the Company’s stage and scope of works, including all health and safety
rules regulations and any other reasonable security requirements, subject to paragraph
5.2. (c)
d) will provide the Services in accordance with the specifications, instructions and/or
recommendations given by the Client and referred to in the Quote. The specifications,
instructions and/or recommendations given by the Client cannot substantially vary
from the scope of the Services referred to in the Quote;
e) ensure that the Services shall conform in all respects with the scope of the Services
and their description as referred to in the Quote and that any materials used in
carrying out the Services conform to all applicable laws and specifically that they are
free from defect, of satisfactory quality and fit for purpose, but are also of a specific
kind where the Client have stated that specific materials must be used;
5.2 The Client additionally represents and warrants that:
a) will obtain all necessary approvals and permits prior to commencement of the Services
when required to do so;
b) if the Services are performed in accordance with Client’s design, the Client remains liable
for meeting all legal and technical requirements (including but not limited to planning and
building regulations) and the Services being fit for purpose intended;
c) will comply and make all necessary arrangements in respect of health and safety rules
and regulations regarding other stages of the building and refurbishments works,
d) will provide all necessary information required for the performance of this Agreement
and any other information that the Company may find useful during the duration of the
Services.
e) will comply with Company’s recommendations in regards to using the premises during
the provision of the Services

f) will not interfere with the progress of the Services
g) will communicate any issues in a timely manner, subject to paragraph 6.2
h) will secure the premises in such a way, to prevent unauthorised access to the works site(s)
by animals, children and other third parties
i) will not abuse or treat in an offensive manner Company’s employees or Contractors
j) will not instructor or engage in any manner, paid or unpaid, Company’s employees or
Contractors to carry out any other services that are not set out in the Quote.
k) will provide access to following facilities:
 Clean drinking water
 Electricity
 Sanitary conveniences
 Washing facilities
 Drinking Water
 Storage space
l) will provide the Company with parking permits when necessary or reimburse the Company
for any incurred costs in relation to parking fees.
5.3. If the Client acts in a capacity of a legal entity such as partnership or limited company,
the Client’s representatives, including but not limited to Partner, Director or Shareholder,
give personal guarantee to the Company and consents to all claims arising from breach of this
Agreement, to be also pursued against him/her personally.

6. COMPLETION, APPROVALS, LIABILITY

6.1. The Services are considered completed upon approval by the Client, provided that the
Client’s approval is not unreasonably withheld.
6.2. If the Client is not satisfied with the quality of the Services provided, the Company will
carry out rectification works at no extra costs provided that the damage results directly from
poor workmanship and the Company’s fault is evident, and the Client notifies the Company
immediately upon identifying the issue, but not later than 14 days from the day of
completion.
6.2.1. The rectification works will not be carried out if the Client interferes with the works by
carrying them out directly or engaging any 3 rd party.
6.2.2. The rectification works will be completed by the Company within 14 days from the day
of Client’s notification.

6.2.3. Upon expiration of 14 days upon completion, any rectification, if at all, will be carried
out at additional costs borne by the Client.
6.2.4. If any additional works are performed to rectify the issue, the Client allows the
Company access to the premises and does not interfere with the works that are being carried
out until completed.
6.3. The Company’s liability is excluded in respect of:
a) any damage caused to the premises or Client’s property that resulted from pre-existing
faults or conditions that were identified whilst providing the Services,
b) any defect arising from wear and tear, or accidental damage,
c) any cracks caused by structural movement in the building or any marks resulting from
cracked plaster surface,
d) any noise or dust as a result of provision of the Services or the clearance of the dust,
e) Client’s business losses, such as loss of profit, loss of customers or orders, business
interruption, or diminishing business prospects, as a result of provision of the Services,
f) Any damage caused due to lack of preparatory work or inadequate preparatory work
carried out by the Client.
6.4. The Company cannot warrant high quality of the Services or be held liable for any
damages, if the initial surface used to carry out the Services is defective or unsuitable, or the
plasterboards have been previously incorrectly installed, or other preparatory works have not
been properly executed or complied with by the Client.

7. TERMINATION

7.1 The Client may terminate this Agreement with immediate effect for any reason set out
below (a) – (d). In that case, the Company will reimburse the Client for any part of the
Services which have not been provided or provided in a defective manner. The Company will
also reimburse the Client for any unused materials.
(a) the Client is advised of substantial variation to the scope of the Services or materials
which affect the overall costs and significantly differs from the figures contained in the Quote
(b) the Client is advised of a noteworthy error in the Quote relating to the price of particular
service or material
(c) there is a risk that provision of the Services may be significantly delayed
(d) the Client is dissatisfied with the quality of the Services performed and the Client notifies
the Company or the Contractor in accordance with paragraph 6.2. – 6.2.4. and the issue is not
rectified within 14 days.

7.2 If the Client wishes to terminate this Agreement for reasons other than those stated in
paragraph 7.1, it shall give 7 days written notice to the Company. The Client is obliged to
make any outstanding payments for the Services on the same day the works are being
discontinued.
7.2.1. The Company will reimburse the Client any sums paid for the Services not provided.
The Company reserves the right to deduct from that sum any damages and disbursements
incurred as a result of early termination of this Agreement and preparatory work. If the sums
paid by the Client are insufficient, the Company may charge the Client additional sums to
cover the above losses.
7.2.2. If the Client terminates this Agreement anytime between 3 days prior to the
commencement date up until the commencement date, the Client will be charged a penalty of
£250.00 in addition to any costs incurred by the Company in respect of purchased materials.
7.3. The Company may terminate this Agreement with immediate effect, if one of the
following occurs:
(a) the Client denies access to the premises or fails to carry out all preparatory works, in
accordance with paragraph 2.7
(b) the Client fails to make the payment despite additional request, in accordance with
paragraph 7.4
7.4. If any payments became overdue, the Company may terminate this Agreement with
immediate effect, if upon Company’s request the Client does not make the outstanding
payments in full within 3 days.
7.5. The Company may also terminate this Agreement giving 7 days written notice, if the
Client persistently obstruct or does not cooperate with the Company in connection with the
performance of the Services.
7.5. If the Agreement is not terminated by either Party, it will expiry upon successful
completion of the Services in accordance with paragraph 6.1.
7.6. Any provision of this Agreement that expressly or by implication is intended to come
into or continue in force on or after termination of the Agreement shall remain in full force
and effect.
7.7. Termination of this Agreement shall not affect any of the rights, remedies, obligations or
liabilities of the parties that have accrued up to the date of termination, including the right to
claim damages in respect of any breach of this Agreement which existed at or before the date
of termination.

8. FORCE MAJEURE

Neither party shall be in breach of this Agreement nor liable for delay in performing, or
failure to perform, any of its obligations under this Agreement if such delay or failure result

from events, circumstances or causes beyond its reasonable control. If the period of delay or
non-performance continues for 1 week the Party not affected may terminate the Agreement
by giving one week written notice to the affected Party.

9. NON SOLICITATION

During the effective term of this Agreement and for a period of one year upon termination of
this Agreement, the Client shall not solicit, seek business or services, employ or engage or
otherwise facilitate the employment or engagement of any person previously providing
services or employed by the Company.

10. ENTIRE AGREEMENT

10.1 This Agreement constitutes the entire agreement between the Parties and supersedes and
extinguishes all previous agreements, promises, assurances, warranties, representations and
understandings between them, whether written or oral, relating to its subject matter.
10.2. This Agreement governs and is applicable to all future projects and contracts between
the Parties.

11. VARIATION OF THE AGREEMENT

No variation of this Agreement shall be effective unless it is in writing and signed by the
Parties subject to paragraph 4.1.

12. SEVERANCE

If any provision or part-provision of this Agreement is or becomes invalid, illegal or
unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid,
legal and enforceable. If such modification is not possible, the relevant provision or part-
provision shall be deemed deleted. Any modification to or deletion of a provision or part-
provision under this clause shall not affect the validity and enforceability of the rest of the
Agreement.

13. NOTICES

13.1. Any notice or other communication given to a Party under or in connection with this
Agreement shall be in writing and shall be delivered by recorded delivery or by hand or by
email at the addressed specified by the Parties, subject to paragraph 13.3.
13.2. A notice or other communication shall be deemed to have been received: if delivered by
hand, on signature of a delivery receipt or at the time the notice is left at the proper address
or, if sent by email, on the next Business Day after transmission.
13.3. Parties can communicate via text messages, email, communicators such as WhatsApp
on a daily basis in respect of current matters and arrangements.

14. PERSONAL DATA

14.1 The Company will use Client’s personal information for the following purposes:

a) provision of the Services, including assignment of the Services to the Contractor
b) processing any payment for the Services or materials
c) to inform the Client about similar services that the Company provides. The Client may
opt out from this option by notifying the Company in writing.
14.2 The Company may pass Client’s personal information to credit reference agencies in
connection with the performance of this Agreement.

15. ASSIGNMENT

15.1. The Company will provide the Services through its employees or representatives, but
reserves the right to assign the performance of the Services, to a 3rd Party (hereinafter ‘the
Contractor’).
15.2 The Company may also transfer its rights and obligations arising from this Agreement to
another organisation.
15.3 The Client may transfer its rights or obligations arising from this Agreement, upon
obtaining prior written consent from the Company.

16. GOVERNING LAW & JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of England
and Wales and shall be subject to exclusive jurisdiction of the English Courts.

By accepting the quotation and confirming the start date for the work you are accepting all of the above.

SIGNED by

(1) Mac Construction & Refurbishment Ltd, ‘COMPANY’____________________

(2) ……………………………………………………………., ‘CLIENT’    ____________________