| Author: | Alasdair Taylor |
| Updated: | 26 January 2021 |
| Length: | 17 pages |
| Notes: | 18 pages |
| Format: | MS Word (.DOCX) |
Providers of plastering services and their customers both want plastering work to proceed without the worry of disputes about such matters as quality, scheduling, billing and payment or the conditions at the worksite. Our plastering services terms and conditions template invites a plastering business to reflect on these key issues, and to set out clear requirements for both itself and its customers.
The model template will help the service provider to prepare a document that is relatively balanced in its treatment of both the services provider and its customers, although one with a particular focus on the protection of the provider.
The clauses in the model may contain the following provisions, amongst others: (i) the provider guarantees a minimum level of service, which is defined in the agreement, and promises to secure any keys it receives from the customer; (ii) optional clauses allow the provider to include additional assurances about its personnel and its submission to client demands; (iii) the billing and payment clauses limit price increases and give the customer an ability to review timesheets; (iv) provisions governing subcontracting require (if subcontractors are used) that, as a minimum, the customer be informed and the plastering business continue to bear responsibility; and (v) customer information can optionally be protected by standard confidentiality provisions.
The template also provides important assurances to the plastering business relating specifically to the worksite, unanticipated difficulties with scheduling or workforce availability and the quality, storage, ownership and disposal of materials.
The model T&Cs template gives the business the option to include clauses requiring the customer to maintain the worksite to ensure that the plasterers will not be obstructed or harmed in doing their work. The provider may also require the customer to cooperate and, where appropriate, obtain permits. This set of clauses can alleviate concerns about the ability to complete the work in optimal conditions.
Common terms allowing for the provider's late arrival or cancellation in defined circumstances are also included. These provisions reflect the reality that other jobs may run over schedule and employees may fall ill. Similarly, late payment clauses give a clear basis for the provider to collect penalties in case of delinquent customer accounts.
The clauses governing materials included in our template cover what the customer's obligations are in case the customer provides certain materials that will be used for the job. More generally they cover the likely situation in which the plastering business leaves materials on the customer premises while the job is in progress. The provisions on this matter assure the provider that the materials will not be damaged or removed and that it will have the ability to recover, or a legal claim over, the materials in case the project is interrupted or the client fails to pay.
Our model includes a right to cancel for "consumers" in compliance with, UK laws on distance contracts. Customary provisions also address limitations on the provider's liability, warranties, indemnification and termination.
The template also includes a statement of work to be used for specific jobs.
