Customer Terms and Conditions - Scope Guide

• Business Customer Terms and Conditions apply where the customer acts wholly or mainly for business, trade, professional, organisational or public purposes.
• Consumer Terms and Conditions apply where an individual acts wholly or mainly outside their trade, business, craft or profession.
• Consumer Cancellation Form accompanies qualifying distance and off-premises consumer contracts.

The accepted quotation identifies the customer type. Business terms must never be used to remove a consumer's statutory rights. If customer status is uncertain, the Consumer Terms apply until status is clarified.

Black & White Property Services is operated by David George Swaddle as a sole trader. Contact: enquiries@blackandwhiteaccess.co.uk, +44 7495 017080, 11 Boyd Street, Newcastle upon Tyne, NE15 8LU.

The agreement normally comprises the accepted quotation, any service schedule or written variation, and the terms applicable to the customer's status. A separately signed negotiated agreement prevails to the extent of direct inconsistency.

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

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A quotation describes the proposed scope, price, assumptions, exclusions and validity period. A contract arises when we accept the customer's order in writing or begin authorised work. Estimates are not fixed prices unless clearly stated as such.

Prices and payment dates are stated in the quotation or invoice. VAT is applied at the legally applicable rate. Deposits, staged payments, call-out charges and material commitments apply only where stated before acceptance. Undisputed amounts must be paid by the due date.

For business customers, statutory interest and recovery costs may be charged on late commercial payments. For consumers, any late-payment charge must be fair, proportionate and disclosed.

Materials remain our property until paid for in full to the extent permitted by law, but risk in installed materials passes as the law and circumstances require. Substitutions are not made where they would materially reduce the agreed specification without customer agreement.

We may use appropriately selected suppliers or subcontractors. Specialist and regulated activities are allocated to people with the required competence and authority. We remain responsible for managing the services contracted through us, subject to the agreed scope and any separately identified specialist appointment.

Customers should inspect work and report an apparent defect promptly with reasonable information and access for investigation. Where work fails to meet the contract because of our breach, we will provide an appropriate remedy, which may include repair, repeat performance or another remedy required by law.

Any express guarantee is stated in writing. Guarantees do not cover fair wear, misuse, unauthorised alteration, failure to maintain, pre-existing defects or items outside the agreed scope. Consumer statutory rights are not restricted.

Where a consumer contract is made at a distance or away from business premises, statutory cancellation rights may apply. When applicable, the consumer receives the required cancellation information and form. If the consumer expressly asks for work to begin during the cancellation period, the consumer may have to pay a proportionate amount for work supplied before cancellation. The right to cancel may be lost once a service is fully performed after the consumer's express request and acknowledgement, as permitted by law.

Emergency repair or maintenance requested by a consumer may be subject to specific statutory rules. Any additional work beyond the immediate request remains subject to normal cancellation rights where applicable.

Subject to consumer rights, cancellation charges may include work completed, committed labour, specially ordered or non-returnable materials, supplier charges and reasonable demobilisation costs. Either party may terminate for material breach not remedied within a reasonable written period, or immediately where continued work would be unlawful or seriously unsafe.

Nothing excludes liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or a consumer's statutory rights. We are responsible for foreseeable loss caused by our breach. We are not responsible for loss that was not foreseeable, for pre-existing defects outside our scope, or for business losses suffered by a consumer.

For business customers only, neither party is liable for indirect or consequential loss, and any reasonable financial cap stated in the accepted quotation or contract applies.

Complaints should be sent to enquiries@blackandwhiteaccess.co.uk with the job reference, relevant dates, what happened and the outcome sought. We investigate fairly and provide an outcome within a reasonable period. This process does not remove statutory or contractual rights.

Personal information is used in accordance with the applicable privacy notice. Each party protects confidential information except where disclosure is authorised or legally required.

The agreement is governed by the law of England and Wales. Consumers retain any mandatory right to bring proceedings in another applicable UK jurisdiction. Business disputes are subject to the courts of England and Wales unless a signed agreement states otherwise.

A signed agreement prevails over an accepted quotation, and an accepted quotation prevails over these terms, to the extent of inconsistency. No term removes a right that cannot lawfully be excluded.

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