The term ‘Contractor’ shall mean Berry Property Services. The term ‘Client’ shall mean the person or persons who have authorised/instructed the contract.

Instruction of works: works to be undertaken will need to be submitted in writing. All formal instructions, approvals, and variations must be confirmed in writing (email accepted).

Expiry of Estimate: estimates are valid for 60 days from submission date, after which The Contractor reserve the right to withdraw the current estimate and submit a revised version. 

Where quotes are provided for ongoing leaks or other such damage, The Contractor reserves the right to re-quote before the 60 day expiration date, if condition is noticeably worse.

Additional Work: where additional work is requested outside of the original estimate, it will be charged at our current standard hourly rate unless otherwise quoted or agreed in writing. Any variation to the agreed works must be confirmed in writing and may affect cost and completion time.

Contract and payment: for larger pieces of work, a payment plan and a contract can be drafted for approval following acceptance of the estimate. The terms and conditions of the contract supersede those contained within this document. For smaller works, the terms and conditions stated herein apply and payment terms shall be 50% prior to works commencing and 50% on practical completion of works.

Deposit: in the absence of a separate contract,:

Maintenance and small works - 

For general maintenance a 50% deposit is required prior to booking of the works to secure the appointment and the balance settled on practical completion of works. Any cancellations are as per the cancellation clause within these terms.

Refurbishments and Large works - 

For refurbishment works we require a deposit of 50% of the total works to be paid in advance of the requested start date. The deposit must be paid 14 days prior to the requested start date. Once the deposit is received, The Contractor will schedule all works and purchase any items as described in the quote. If the job is subsequently cancelled within 48 working hours of the scheduled start date, 5% of the deposit is not refundable to cover administration costs and return of items and will be retained by The Contractor. The balance of the deposit will be returned to The Client. 

Should The Client cancel with less than 48 working hours’ notice, they agree to forfeit their deposit entirely.

The above terms are the default agreement unless separate arrangements are agreed in writing.

Cancellation: we require 24 hours (working day i.e. Mon-Fri) notice for cancellations. If less than 24 hours’ notice of cancellation is given, then The Contractor reserve the right to levy a charge equal to any costs incurred for scheduled  labour, materials, travel etc which will be invoiced and is payable by the instructing party.

Access to Property: it is the responsibility of the instructing client, owner and/or occupant to ensure access to the property is provided as per the agreed date/s and time/s. Any costs incurred due to lack of access to the property will be charged to The Client at a rate equal to any costs incurred for scheduled labour, materials, travel etc which will be invoiced and is payable by the instructing party.

Working Hours: working hours are defined as Monday to Friday, 8:00am–5:00pm, excluding public holidays in England. Appointments outside of these hours are by special arrangement only as agreed by both parties.

Standing Charge: where an agreed appointment is delayed due to no fault of The Contractor, such as delayed access, The Contractor reserve the right to charge an hourly rate of £50+vat per engineer that is waiting around to begin the job.

Aborted Appointments: if The Contractor arrives at a property for a confirmed scheduled appointment and they are not able to gain access, The Client will forfeit any deposit or failing a deposit being paid in advance, The Contractor reserves the right to levy a charge equal to any costs incurred for scheduled  labour, materials, travel etc which will be invoiced and is payable by the instructing party.

Materials: where a job is instructed, then later cancelled, any pre-ordered Materials must be paid for by The Client where returns are not possible. When returning any Materials to supplier, any re-stocking fee incurred is the responsibility of The Client. Ownership of materials remains with The Contractor until full payment is received.

Equipment: where hire equipment is required, including, but not limited to Skips, Scaffolding and Tower, Dehumidifiers etc, works must be signed off by The Client on the last day of works. Any prolonged installation period beyond the last day of works that incurs additional costs will be the responsibility of The Client.

Site Conditions: the contract price is based on site conditions remaining unchanged from those present during the estimating site visit. This includes physical access and free uninterrupted access once work is in progress. Furthermore, this estimate assumes that there will be access to water, electricity, ablutions as required (not always necessary) to fulfil the quoted jobs.

Where we have quoted from photos, description, or a distance (height with no access), should we arrive on site and find the condition vastly different from as the photos or description provided or distance view, we reserve the right to provide an alternative or additional quote.

Private Covenants: the investigation of private covenants shall not be the responsibility of The Contractor.

Underground Services: unless the exact location of underground pipes, wires or cables are clearly marked on site, or are detailed on a plan, prior to the formation of the Contract, The Contractor shall be under no liability for any damage through work performed under the Contract.

Completion of Contract: completion of contract is totally dependent on weather conditions. Work operations delayed by poor weather will be resumed as soon as conditions allow.

The Contractor will endeavour to complete the project within the agreed timeframe, however we shall not be liable for delays caused by events beyond our reasonable control including weather, supply chain disruption, labour shortages,, government restrictions or Client changes to the specification of works. In such instances The Contractor shall not be held liable for any additional cost incurred to The Client as a result. 

Clear work area: Clients must take reasonable steps to ensure the area we will be working in is clear of all items, including clothes, bulky furniture, and personal belongings. Any precious items or those that are easily breakable should be removed to a safe place for the duration of the works. We are not liable for damage to items left in the work area unless caused by our negligence.

The Contractor reserves the right to levy a surcharge of £95+VAT per hour if we are required to move furniture or personal belongings. We will take reasonable care but are not liable except where damage is caused by our negligence when moving furniture around. We will not re-install the furniture or belongings once the work is complete. This surcharge will be added to the final invoice and is payable by the instructing party.

If the appointment is aborted due to the furniture not being removed or over-filled rooms, The Contractor reserves the right to levy a charge equal to any costs incurred for scheduled labour, materials, travel etc which will be invoiced and is payable by the instructing party.

If the property is occupied for the duration of the works, a tenants in-situ surcharge of 25% will be applied. This is due to the additional time it takes to work around the tenant’s belongings and furniture. This charge will be added to the final invoice and is payable by the instructing party.

Paint: all standard decorating and painting is based on standard white matt emulsion for walls and ceilings, and white eggshell enamel for woodwork. Where no colours are specified, these colours will be used. The Contractor will not be responsible for the peeling of existing lining/wallpaper that The Client has instructed to be painted over.

Following leaks or damp in the property, The Contractor will need to determine that the area is sufficiently dry to carry out any painting. Should painting commence based on The Client’s insistence, advice or instruction, The Contractor will not be held responsible for any leaks, peeling or mould re-occurring.

Where The Contractor is instructed to touch in paint, it should be noted that once dried, the area may appear patchy. The Contractor will not re-attend as recall in this instance.

Replacement items: manufacturers update and discontinue their products from time to time meaning that replacement items can vary in size, colour or texture.

Although we will always try to source replacement items/parts that are as close as possible to the existing item, this is not always possible. There may be a requirement to make good around or near the item, such as paintwork. An additional quote may be provided if required. 

Stopcock: in order to carry out wet works we may need to know the location of the stopcock. If the stopcock cannot be located we may need freeze the pipes to complete the works, this will incur an additional charge of £95+VAT. If the stopcock is located but has seized, we may need to replace the stopcock, we will provide a separate quote to replace the stopcock.

Carpets: once carpets are fitted, the doors may drag on the new carpet and doors may require planing down. Should The Client want the doors planed down, this can be arranged at an additional cost.

Carpet quotes are based on standard stock carpet in one shade of grey or one shade of beige. If carpet other than stock carpet or alternative colours are required, this will incur an additional charges. 

Installation of carpets can produce a lot of carpet fluff and strands. Whilst every care will be taken to clean up, we do not vacuum the carpets. We advise a vacuum clean to take place once works are complete.

Travel, Parking & Congestion charges: parking and congestion charges (including ULEZ where applicable) for the duration of the work is in addition to any quote/estimate and is payable by The Client in addition to any quoted works. Permits should be provided where possible or advice of specific parking arrangement that have been made, these arrangements should be within a reasonable distance, no more than a few minutes’ walk away from the property.

Guarantee of Works: labour on refurbishment work is guaranteed for 1 year from the date of completion. General maintenance works carry a labour guarantee of 6 months from date of completion. 

Please note that this applies only to the works that have been undertaken and any direct snags. Should our work be damaged due to no fault of our own, this would not be covered under the guarantee, i.e. guarantee does not apply to ceiling and paint work carried out by The Contractor that is damaged due to a leak or misuse of occupants. Cracks in the walls and ceiling due to the settling of the works and slight movement and temperature changes are not covered by the guarantee. 

Please further note that for certain contracts the guarantees will vary e.g. for certain boilers the manufacturer may offer an additional or extended guarantee etc. If a fault is found with an appliance/product this will fall under any guarantee offered by the manufacturer, not The Contractor.

Any issue with the completed work must be reported immediately and the opportunity to investigate and remedy as might be required must be afforded to The Contractor in the first instance.

Warranties: where any appliances or materials are installed, it is the responsibility of The Client to activate any warranties offered by the manufacturer. Any documents that are provided with appliances/materials will be left at the property for The Client to activate.

Recalls: any suspected recalls must be reported promptly and within our guarantee period.

In the event that The Client is not satisfied with the completed works, we will reattend to inspect and assess any issues. If we are found to be at fault, we will rectify the issue within a reasonable timeframe, however if the issue is found to be new and unrelated to our previous works, we will provide a quote to resolve.

Damages & Protection of Private Property: it is the responsibility of the owner and/or tenants to move/remove and/or protect all personal and/or other property, equipment and/or items which may be damaged or effected by dust and/or moving of working equipment which may be required for The Contractor to carry out the agreed work. 

We will take reasonable steps to minimise dust, however some dust and disruption is unavoidable during works.

Third Party Contractors: when third party Contractors are working onsite within the same period, if issues occur, an investigation will need to take place to determine liability. The Contractor will not assume responsibility if instructed to follow the directions of a third party, for any errors made. 

Multiple options or advice: where The Contractor provides multiple options to a client along with advice of best course of action, if The Client decides upon an option that is against our advice, we will not return to correct the work as a recall. Any further work will be quoted for separately and any additional visits to the property will be a considered a separate job and chargeable as quoted.

Cleaning: The Contractor will always conduct a clean of the work area following completed works, however this does not amount to a full domestic clean. We would always suggest that a professional clean is undertaken following any works.

Payment terms: upon practical completion of works, an invoice will be issued which must be settled within 24 hours of invoice date. We reserve the right to charge statutory interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 where applicable. 

Payment can be made via the online payment link or BACs transfer to our nominated account. Any late payments may incur late payment fee. 

Practical completion means the works are substantially complete and fit for intended use, notwithstanding minor defects

Limitation of liability: our total liability shall not exceed the total value of the works carried out, except in cases of negligence causing personal injury, fraud, or where liability cannot be limited by law.

Dispute resolution: in the event of a dispute, both parties agree to attempt resolution in good faith before pursuing legal action.

Jurisdiction: these terms are governed by the laws of England and Wales and subject to the jurisdiction of its courts.