The Property Coach shall attend the Clients property (the ‘Property’) to carry out a preliminary consultation with the Client and, if appropriate, prepare a consultation report (the ‘Report’). The ‘Report’ shall recommend the action to be taken to make the ‘Property’ more marketable and shall be accompanied by these terms and conditions.
If on the initial consultation, the Client does not wish to proceed with a written report, Property Coach shall charge £75.00 - £125.00 for attending the 'Property' and carrying out the preliminary consultation. The Client shall pay these charges with in 5 days of the date of the Property Coach invoice.
The 'Report' will be sent to the Client only on receipt of cleared funds for the total amount of the 'Report'. See 'Prices' for more details.
Unless otherwise stated, any details in the ‘Report’ prepared by The Property Coach are valid only for 30 days from the date thereof.
Should the Client wish to proceed with recommendations contained in the ‘Report’ prepared by The Property Coach, then he/she must check and sign each item within the ‘Report’ to show approval of agreed action, or should strike through items of work that the Client does not wish to agree to.
The ‘Report’ shall include a general description of the services to be provided including the works to be carried out and the goods and materials to be supplied. However The Property Coach shall be entitled at it’s sole discretion to vary the services (in particular, but not limited to the goods and materials supplied) PROVIDED ALWAYS that the total price charged by The Property Coach does not exceed, unless formally agreed in writing between the Client and The Property Coach, the total price set out in the ‘Report’. In all other cases the Client shall not be liable to pay any sum in excess of the price set out in the ‘Report’ unless previously agreed.
The ‘Report’ may contain items that are stated to be provisional sums. This means that the appropriate cost of the item or services is unknown at the date of the preparation of the ‘Report’. The Property Coach shall use its best endeavours to ascertain such costs and agree it with the Client before incurring it on the Clients’ behalf. However should this not be possible the Client shall agree to pay the actual cost of the item and in which case the total price set out in the ‘Report’ shall be adjusted accordingly.
The Client may cancel the contract at any time by giving notice in writing to The Property Coach at its usual business address in which case the Client shall be liable to pay The Property Coach for the services provided (including but not limited to the works carried out and the goods or materials supplied or ordered on the Clients behalf as well as services that may incur cancellation costs) to the date of the cancellation.
As Soon as is able to do so The Property Coach shall specify the date on which it intends to commence the services and the estimated completion date. All such dates shall be approximate only and while The Property Coach shall use its reasonable endeavours to meet the estimated completion date The Property Coach shall not be liable for any delay in completion and time shall not be of the essence of the agreement.
3. Client’s Obligations
The Client shall:-
Permit The Property Coach, its employees, sub-contractors, agents and other appointed representatives access to the ‘Property’ at all reasonable times for the purposes of providing the services, delivering goods and materials and/ or carrying out works;
Ensure that a supply of water and power at the ‘Property’ sufficient for the purpose of carrying out works and such services shall be supplied at no cost to The Property Coach;
Be responsible for any loss or damage to any goods, materials, tools or equipment delivered to or stored at the ‘Property’ except to the extent that such damage arises from The Property Coach failure to take reasonable care; and
Be responsible for home contents insurance to cover all items loaned to the Client by The Property Coach for the entire duration of the loan including but not limited to antique furniture.
Be responsible for the removal of all priceless/ non-replicable (including but not limited to) antiques, artwork, jewellery and heir looms from the property, prior to the works commencing.
4. The Property Coach Obligations
Any goods and materials supplied by The Property Coach shall be of satisfactory quality and fit for the purpose.
If the Client requires any particular goods and materials to be supplied by The Property Coach he/ she must provide written details of these when returning the ‘Report’ pursuant to clause 1.4. In the absence of such specification the goods and materials supplied shall be selected at The Property Coach absolute discretion and the Clients shall not be entitled to reject goods and materials selected by The Property Coach unless they have been supplied in breach of clause 4.1.
If the Client requests that The Property Coach use goods or materials supplied by him/ her for the purposes of providing the services, The Property Coach shall do so on the strict understanding that The Property Coach has no responsibility as to their quality or suitability. Any losses or damages which may flow from the use of such goods or materials will be the sole responsibility of the Client.
The Property Coach shall provide the services using reasonable care and skill.
The Property Coach shall not be liable for any defect in any goods and materials supplied and any works carried out which arise from fair wear and tear, wilful damage, negligence of the Client, failure to follow The Property Coach instructions (whether oral or in writing) or alterations made without The Property Coach approval.
The Property Coach is under no obligation to produce receipts to the Client for goods or materials supplied except in the case of electrical appliances which are under the manufacturer’s guarantee.
Whilst the services supplied by The Property Coach are designed to make the ‘Property’ more marketable The Property Coach gives no guarantee that the ‘Property’ will be sold or rented following completion of the services.
Only services that are agreed in the report, will be carried out. No cleaning, packing, furniture moving will be carried out as part of the ‘works’ unless stated in the agreed works.
5. Price and Payment
The Price is exclusive of applicable VAT.
Unless otherwise agreed in writing by The Property Coach a payment equivalent to 50% of the total price shall be payable prior to commencement of the works and supply of the goods and materials. The Client should note that commencement of the works and supply of the goods and materials will not take place until The Property Coach has received this payment in cleared funds.
All payments shall be payable within 5 working days from the date of request.
The balance of the total price shall be payable within 5 days from the date of completion of the contract.
Payments may be made in cash, by bank draft, by cheque with a supporting card or by Credit Card facility (Mastercard/ Visa).
Should the Client fail to pay any invoices submitted by The Property Coach, The Property Coach may, without prejudice to any other right or remedy available to The Property Coach charge the Client interest (both before and after judgement) at the rate of 4% per annum above the base rate of HSBC Bank Plc from the due date until payment in full is made.
Ownership of the goods and materials supplied and paid for by The Property Coach or its agents, whether installed or not, shall not pass to the Client until all invoices rendered by The Property Coach to the Client have been paid in full and until such time the Client shall keep the goods and materials in good repair and condition and properly protected and insured.
This Agreement supersedes any prior agreement (oral or in writing) between the parties. The parties acknowledge that this Agreement contains the whole agreement between them and that the Client has not relied upon any oral or written representations made by The Property Coach or its employees or agents.
The Property Coach shall not be liable for any failure to perform its obligations under this Agreement due to unforeseen circumstances or beyond its control including without limitation adverse weather conditions, flood or fire.
The Agreement shall be governed by English Law and the parties shall submit any dispute arising hereunder to the exclusive jurisdiction of the English Courts.
Use of photographs and video footage. The Property Coach shall have the right, but not the obligation, at its discretion to issue publicity including photographs, video or other electronic footage or likeness in connection with advertising or exploiting of the work carried out, in any format and in all media. You hereby consent to the issuing of publicity and the use of photographs and likenesses in connection with the exploitation, advertising, publicity and promotion of The Property Coach.
Agreed and accepted:
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