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Consumer Terms and Conditions

These terms apply when an individual buys services wholly or mainly outside their trade, business, craft or profession. Black & White Property Services is operated by David George Swaddle as a sole trader. Nothing in these terms limits rights that cannot lawfully be excluded, including rights under the Consumer Rights Act 2015.

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2. Before the contract

Before the Customer is bound, the Supplier provides the main characteristics of the service, identity and contact details, total price or calculation method, payment and performance arrangements, complaint handling, contract duration where relevant, and cancellation information required by law.

All unavoidable fees, call-out charges, taxes and other mandatory price elements are included in the total or explained through a clear calculation before acceptance. Optional work or goods require the Customer's positive agreement. Material restrictions, exclusions and delivery limitations are presented prominently and are not hidden in small print.

A Quotation remains open for the stated period and describes scope, price, assumptions and exclusions. A Contract forms only when the Customer accepts and the Supplier confirms acceptance or begins work at the Customer's express request.

The Quotation identifies these terms by reference, version and effective date. Acceptance, the documents supplied and any early-performance request are retained under the Contract Formation and Acceptance Standard.

3. Services

The Supplier performs Services with reasonable care and skill and within a reasonable time where no binding time is agreed. Information stated or written to the Customer about the service may form part of the Contract where the law provides.

Only the accepted scope is included. If concealed conditions, inaccurate information or additional work arise, the Supplier explains the issue and obtains agreement to a price or calculation method before proceeding, except for proportionate urgent action requested to protect people or property.

4. Customer responsibilities

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The Customer provides safe access, accurate information, known hazard and asbestos information, necessary ownership or landlord permissions, utilities and a clear work area. The Customer must not ask for unsafe or unlawful work.

5. Call-outs and diagnosis

A diagnostic call-out is an attendance to investigate a reported condition and does not guarantee repair during the same visit. The price and included time are disclosed before acceptance. Additional labour, materials, specialist equipment, intrusive work or return attendance require agreement unless already included.

6. Access and failed visits

Where a visit cannot proceed because agreed access is unavailable, the work area is not reasonably prepared or a material hazard was not disclosed, the Supplier may charge only a fair amount reflecting the loss and work actually incurred, as disclosed before booking. The Supplier takes reasonable steps to reduce avoidable loss.

7. Materials and specialists

The Supplier may use competent subcontractors and remains responsible for the contracted service as required by law. Goods supplied must be as described, of satisfactory quality and fit for a disclosed particular purpose where the legal conditions are met. Manufacturer guarantees are additional to statutory rights.

8. Price and payment

The Customer pays the price and VAT treatment stated in the accepted Quotation. Deposits, staged payments, call-out charges and material commitments apply only where disclosed before acceptance. A price not fixed in advance must be reasonable.

The Supplier does not impose an undisclosed or disproportionate late fee. Payment disputes are considered fairly, and undisputed sums remain payable.

9. Cancellation rights

For most distance and off-premises contracts, the Customer may cancel within 14 days without giving a reason. The period normally begins the day after the service contract is made, subject to the rules applying to any goods included. The Supplier provides the statutory information and model cancellation form where the right applies.

The Supplier will not begin a cancellable service during the cancellation period unless the Customer expressly requests early performance. If the Customer then cancels, the Customer pays a proportionate amount for service supplied up to cancellation. The cancellation right may be lost after full performance only where the Customer expressly requested early performance and acknowledged that consequence, as required by law.

For urgent repair or maintenance specifically requested at the Customer's home, cancellation exceptions apply only to the urgent work and replacement parts necessary for that emergency. Additional work remains subject to normal rules.

The Customer may use the Consumer Cancellation Form or make any other clear statement of cancellation to enquiries@blackandwhiteaccess.co.uk.

10. Other cancellation

Where no statutory cancellation right applies or it has expired, the Customer may ask to cancel. Any charge is limited to work performed, goods properly committed, supplier liabilities and reasonable net loss that could not be avoided. The Supplier credits costs saved through cancellation.

11. Time and delay

The Supplier performs within an agreed or reasonable time. The Customer is informed of material delay. Neither party is responsible for delay beyond reasonable control, but consumer rights concerning performance, repeat performance, price reduction or termination remain available where applicable.

12. Completion, defects and remedies

The Customer should report concerns promptly and allow reasonable inspection. No short reporting period removes statutory rights. Where service is not performed with reasonable care and skill, the Customer may require repeat performance within a reasonable time and without significant inconvenience where legally available, or an appropriate price reduction where repeat performance is impossible or not completed as required.

For faulty goods, statutory repair, replacement, price-reduction and rejection rights apply according to the circumstances and time elapsed.

13. Workmanship commitment

Any written workmanship warranty is additional to statutory rights. It does not cover fair wear, misuse, lack of maintenance, Customer-supplied items, pre-existing defects, third-party alteration or matters outside scope. The Supplier must have a reasonable opportunity to inspect, except where urgent action is reasonably required.

14. Liability

The Supplier is responsible for foreseeable loss caused by breach or failure to use reasonable care and skill. Nothing limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, breach of statutory rights, defective products where liability cannot be excluded, or another liability that law does not permit to be limited.

The Supplier is not responsible for business loss suffered by a Consumer, loss caused by inaccurate Customer information or pre-existing defects outside scope, or loss the Customer could reasonably have avoided.

15. Site records and privacy

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Proportionate photographs, measurements and job records may be created for diagnosis, safety, evidence, quality, warranty and disputes. Unnecessary personal information is avoided. Personal information is handled under the Customer, Supplier and Website Privacy Notice.

16. Complaints

Complaints should be sent to enquiries@blackandwhiteaccess.co.uk or 11 Boyd Street, Newcastle upon Tyne, NE15 8LU, with relevant dates, references and the outcome sought. The Supplier investigates fairly and explains the outcome within a reasonable period. This process does not restrict access to Trading Standards, an applicable alternative dispute-resolution provider or the courts.

17. General

The Supplier may transfer the Contract only where this does not reduce the Customer's rights or guarantees. If a provision is invalid, the remainder continues. Changes require agreement where they affect an existing Contract. The Contract is governed by the law of England and Wales, while Consumers retain mandatory rights to bring proceedings in another applicable UK jurisdiction.

18. Statutory rights

Nothing in these terms excludes the Consumer Rights Act 2015 requirements that services be performed with reasonable care and skill, information relied upon be binding, and a reasonable price and time apply where not fixed. Goods must meet applicable statutory standards. Available remedies may include repeat performance, price reduction, repair, replacement, rejection or refund according to the circumstances and law. Any workmanship commitment is additional to, and does not replace, these rights.

19. Emergency and urgent work

Where a Consumer specifically requests a visit for urgent repair or maintenance, the service is limited initially to the requested urgent work and reasonable diagnosis. The statutory cancellation exception for urgent household repairs applies only to work genuinely requested for that emergency; additional work or goods offered at the visit remain subject to the ordinary rules unless another exception applies. The Supplier explains any temporary measure and the further work likely to be required.

20. Early performance during cancellation period

For a distance or off-premises contract, work starts during the cancellation period only at the Consumer's express request. If the Consumer then cancels before completion, the Consumer pays a proportionate amount for service properly supplied up to cancellation. The right to cancel a service can be lost after full performance only where performance began with the required express request and the Consumer acknowledged that consequence.

21. Property protection and hidden conditions

The Customer identifies concealed services, asbestos information, fragile finishes and valuable items and provides reasonable working space. The Supplier takes reasonable care. Where authorised work reasonably requires opening up, the quotation states whether making good is included. Exact matching of existing aged or discontinued finishes is not promised unless specifically agreed.

22. Contact, documents and applicable version

The quotation, these terms, the cancellation information and any agreed written variation form the Contract. The version given to the Customer when the Contract is made applies and can be saved or printed; later website amendments do not change it. Formal communications should use enquiries@blackandwhiteaccess.co.uk or 11 Boyd Street, Newcastle upon Tyne, NE15 8LU.

Approved by David Swaddle, Owner, on 30 August 2026.

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