terms and conditions

The Client’s statutory rights as a consumer are not affected by any of the terms of this Agreement.

1. initial consultation, report and services

1.1 Dressed2Sell (the ‘Consultant’) shall attend the Client’s property (the ‘Property’) to carry out a preliminary consultation with the Client and, if requested by the Client in writing and for the fee agreed with the Consultant (the ‘Report Fee’), prepare a report (the ‘Report’). The Report shall recommend action to be taken to make the Property more marketable and shall be accompanied by these Terms and Conditions. The Client shall pay the Report Fee within 5 days of the date of the Consultant’s invoice.

1.2 Unless otherwise stated, any Report issued by the Consultant is valid only for 30 days from the date thereof.

1.3 If the Client wishes to instruct the Consultant to carry out the services recommended in the Report he/she must return the Report duly signed to confirm his/her agreement to the Report and these Terms and Conditions. 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. The total fee for the services of the Consultant and the supply of goods and materials as set out in the Report (the ‘Fee’) shall not include sums for works which are recommended but which will be carried out by independent contractors. The client will be given estimates of the costs of such works and in signing the Report in accordance with this clause 1.3 will be deemed to have accepted such estimates.

1.4 The Consultant shall be entitled, with the consent of the Client, to vary the services set out in the Report if it deems such variation will increase the marketability of the Property.

1.5 The Client may cancel the contract at any time by giving notice in writing to the Consultant at its usual business address in which case the Client shall be liable for the services provided (including but not limited to the works carried out and the goods and materials supplied or ordered on the Client’s behalf) to the date of cancellation.

2 timescales

As soon as it is able to do so, the Consultant 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 Consultant shall use its reasonable endeavours to meet the estimated completion date, the Consultant shall not be liable for any delay in completion and time shall not be of the essence in the Agreement.

3 client’s obligations

The client shall :

3.1 permit the Consultant, its employees, sub-contractors, agents and other appointed representatives access to the Property at all reasonable times for the purposes of providing services, delivering goods and materials and/or carrying out works;

3.2 ensure 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 Consultant;

3.3 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 Consultant’s failure to take reasonable care; and

3.4 be responsible for home contents insurance to cover all items loaned to the Client by the Consultant for the entire duration of the loan.

4 the consultant’s obligations

4.1 If the Client requires any particular goods and materials to be supplied or any particular contractor to be instructed to carry out any works he/she must provide written details of these when returning the Report pursuant to Clause 1.3. In the absence of such specification the goods and materials or contractor shall be selected by the Consultant.

4.2 If the Client requests that the Consultant uses goods or materials supplied by him/her for the purposes of providing the services, the Consultant shall do so on the strict understanding that the Consultant has no responsibility as to their quality or suitability. Any losses or damage which may flow from the use of such goods or materials shall be the sole responsibility of the Client.

4.3 The Consultant shall use reasonable care and skill in providing the services.

4.4 The Consultant shall not be liable for any defect in any goods and materials supplied or in any works carried out which arise from fair wear and tear, wilful damage, negligence of the Client, failure to follow the Client’s instructions (whether oral or in writing) or alterations made without the Consultant’s approval.

4.5 The Consultant is under no obligation to produce receipts to the Client for goods and materials supplied except in the case of electrical appliances which are under the manufacturers guarantee.

4.6 The Client shall not be liable for any loss or damage to the Property or any contents thereof caused by any contractor or other third party carrying out works at the Property whether or not such works were recommended in the Report or the contractor was recommended by the Consultant.

4.7 The services supplied by the Consultant are designed to increase the marketability of the Property but no guarantee is given or representation made that the Property will be sold or let following completion of the services.

5 payment

5.1 Unless otherwise agreed in writing by the Consultant a payment equivalent to 20% of the Fee upon Client’s agreement of the Report and Terms and Conditions. The Client should note that that commencement of the works and supply of the goods and materials will not commence until the Consultant receives this payment in cleared funds.

5.2 All payments shall be payable within 5 working days from the date of request.

5.3 The balance of the Fee shall be payable within 5 working days from the date of completion of the contract.

5.4 Payments may be made in cash, by bank draft or by cheque with a supporting card.

5.5 Should the Client fail to pay any invoice submitted by the Consultant, the Consultant may, without prejudice to any other right or remedy available to the Consultant charge the Client interest (both before and after judgement) at the rate of 4% per annum above the base rate of Barclays Bank Plc from the due date until payment in full is made.

5.6 Ownership of the goods and materials supplied and paid for by the Consultant or its agents, whether installed or not, shall not pass to the Client until all invoices rendered by the Consultant 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.

5.7 A contractor instructed by the Consultant to carry out works detailed in the Report shall invoice the Client directly for those works and the Client shall be liable for the proper payment of such invoices.

6 general

6.1 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 Consultant or its employees or agents.

6.2 The Consultant 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.

6.3 This Agreement shall be governed by English Law and the parties shall submit any dispute arising hereunder to the exclusive jurisdiction or the English Courts.