Definition – For the purposes of all documentation, the Title “Interior Designer”, will refer to “HOME STYLE & DESIGN LTD”.

Normal Hours - Working hours are 10am to 4pm, Monday to Friday.

Application - These Conditions shall apply to the Contract for the supply of services and/or goods by the supplier 'The Interior Designer' to the person to whom they are supplied 'The Client' to the exclusion of all other terms and conditions including any terms and conditions which the Client may purport to apply under any purchase order confirmation or order or similar document.

Estimate - Any estimate by the Interior Designer does not constitute an offer, and the
Interior Designer reserves the right to withdraw or revise the same at any time prior to the Interior Designer's acceptance for the client's order. The Interior Designer shall prepare an estimate and carry out the works specified therein, for the price there set out or otherwise agreed in writing.

Duty of Care - In performing professional services, the Interior Designer shall exercise reasonable care and competence and shall carry out his/her duties in a professional manner.

Law and Jurisdiction - Any signed agreement between the Client and the Interior Designer and any dispute arising from that agreement will be governed by the Laws of England and Wales and the parties submit to the non-exclusive jurisdiction of the English courts.

Instructions - No work will commence without a duly signed agreement in writing between the Client and the Interior Designer.

Variations to Contract - Any variation to the Scope of Works or approved design by the Interior Designer must have the Client's knowledge and consent, with Client approval confirmed in writing by the Client. In the event that the Client's signature to any variation in the Scope of Works has not been returned within 14 days, then such variation shall be deemed to have been accepted by the Client and the Client will be obliged to pay such increased fees as a result of such variation as if he/she had duly returned the same.

Additional Fees - The Interior Designer reserves the right to review and increase, if appropriate, his/her fees if there are delays and variations initiated by the Client, or others outside the Interior Designer's control, to the agreed original Scope of Works.

Information from the Client - The Client will supply all necessary information free of charge and give all necessary approvals / decisions to the Interior Designer for the proper and timely execution of the Project. If instructions are not forthcoming the Interior Designer cannot be held responsible for ensuing delays.

Construction (Design and Management) - The Client shall comply with his obligations under the Regulations where applicable, including the appointment of a competent Planning Supervisor. The Interior Designer shall also comply with the Construction (Design and Management) Regulations where applicable.

Main Contractor - The Client shall employ the Main Contractor under a separate agreement to undertake construction or other works appertaining to the Project. The Contractor, not the Interior Designer, will be held responsible for his competence under this Contract, the proper execution of the works and for the health and safety provisions of the site.

Instructions to Main Contractor - All instructions will be issued by the Interior Designer on the Client's behalf to the Main Contractor where the Interior Designer is acting as the Architect or in the absence of an Architect or Project Manager.

Appointment of Other Consultants and Specialists - The Client will appoint and reimburse for their services any other consultant who may be required for the Project. The Interior Designer will not be responsible in any way for the competence and performance of their services.

Statutory Regulations - The Client shall instruct the making of applications for planning permission and approval under the building acts, building regulations, health and safety regulations and other statutory requirements, and applications for agreement by freeholders or any others concerned with the project and whose permission is required.

Intellectual Property - No right or licence is granted under the Contract to the Client under any patent, trademark, copyright, registered design or other intellectual property right except the right to use the goods supplied. In particular, the copyright of the Interior Designer in designs supplied remains with the Interior Designer.

Reservation of Rights - Nothing in the agreement shall prevent the Interior Designer using any design or any element of a design for other clients or from publishing any photographs of his/her work in any magazine, newspaper or other medium, including in a website or over the Internet.

Third Party Rights - No third party shall have any rights under or in connection with this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.

Termination - Reasonable notice in writing shall be given by either the Client, or the Interior Designer to terminate the appointment. On giving such notice the Interior Designer shall repay to the Client any sums paid to him/her under the contract, after deduction of any sums paid by the Interior Designer to a third party under the contract. A percentage of the fees shall also be paid commensurate with the work already carried out. The Interior Designer shall not be liable for any loss or damage whatsoever arising from such cancellation.

Suspension and Termination - this Agreement may be terminated by either party if:

a) either party is in material breach of any obligation under this Agreement not capable of remedy

b) either party is in material breach of any obligation under this Agreement and, in the case of a breach capable of remedy, the breach shall not have been remedied by the defaulting party within 10 (ten) working days of written notice of specifying the breach and requiring its remedy

c) either party becomes bankrupt or insolvent, or has a receiver or liquidator appointed over the whole or any part of its assets, or enters into any composition or other arrangements with its creditors, or has an order made or resolution passed for it to be made bankrupt or wound up (otherwise than in furtherance of a scheme or amalgamation or reconstruction)

then the other party may forthwith terminate this Agreement by written notice without prejudice to the accrued rights of either party or any obligation of a continuing nature.

Where termination occurs before completion of the Works as specified in any correspondence or other documents of the Interior Designer or any independent contractors, the Interior Designer shall be entitled to be paid for all work carried out by him/her prior to the date of termination on a time basis at the Interior Designer's normal hourly rate plus VAT at the appropriate rates.

Suspension - If a Client wishes to suspend the progress of the whole or part of the work, services or goods provided by the Interior Designer and such suspension continues for 28 (twenty-eight) days, then it will be deemed that the Client has decided to terminate the contract with the same consequences as determined at Termination above.

Waiver - The granting of time or any other concession shall in no way prejudice or constitute a waiver of the Interior Designer's entitlement to enforce any right under contract.

Defects - The Client shall inspect the Interior Designer's work on completion of the contract and shall within one month thereof notify the Interior Designer in writing of any respect in which the work is defective or not in accordance with the contract. If the Client fails to give such notice, the Interior Designer's work shall be deemed to be in accordance with the contract in all respects and the Client shall be bound to accept and pay for the same accordingly. If the Client notifies the Interior Designer of work which the Interior Designer accepts is defective, the Client shall afford the Interior Designer the opportunity of making good such work.

Insurance - The Client is responsible for the insurance of the property and all the moveable assets within the property during the redecoration and building period, if any building works are undertaken. It is also the Client's responsibility to insure against any acts or omissions by the contractors or sub- contractor for any loss or damage caused during the redecoration and building period. Risk of damage to or loss of goods shall pass to the Client at the time of delivery.

SUPPLY OF FURNITURE, FURNISHINGS AND ACCESSORIES

Normal Hours - Working hours are 10am to 4pm, Monday to Friday.

Site restriction - Free access to site is essential to ensure that the project is completed within the specified time.

Site Conditions - The prices are conditional on the provision of the normal services of water, electricity, light and heating at no cost when required.

Delivery dates - Times and dates quoted for delivery of goods or materials or completion of any work are to be treated as an approximate estimate based on current trading conditions. The Interior Designer shall not be held responsible for delays outside his/her control.

Prices - All goods and labour charges will be charged at the prices prevailing on the date of acceptance of the contract should variations occur after the date of estimating.

Client's Goods - The Interior Designer will not be held responsible for client's goods left at the premises of the Interior Designer or his/her suppliers for whatever reason. Clients are responsible for the insurance of their own goods with their own insurance company.

Non-supply of goods - If the supplier or manufacturer is unable to supply estimated goods for reasons outside the control of the Interior Designer and the Interior Designer has to find substitutes, he/she reserves the right to increase the price quoted if necessary. The Client shall be advised accordingly.

Custom Made Pieces - Special custom-made items cannot be cancelled once the manufacture has started. Payment for all such items is in full in advance.

Standard Items - These might be subject to a cancellation charge from the manufacturer or supplier if the order is cancelled.

Title of Goods - All goods are at the risk of the customer once they have been delivered or collected but under no circumstances shall the property or ownership of any goods ordered or any part thereof pass until full payment has been made for all the goods. In the event of customers failing to pay for the goods or any of them in accordance with these conditions, it is understood that goods may be repossessed to the value of the unpaid balance without liability for any damage caused to the customer's premises by unfixing and/or removing such goods or part of parts.

Third Party Goods - The Interior Designer contracts on behalf of the Client with third parties for the provision of goods by third parties under the contract. At the Client's request the Interior Designer will supply to the Client any available terms and conditions of business of such third parties. The Interior Designer gives no warranty in respect of any goods and/or services supplied by third parties under the contract.

LIABILITY FOR CONSEQUENTIAL LOSS - THE INTERIOR DESIGNER SHALL BE UNDER NO LIABILITY WHATEVER TO THE CLIENT FOR ANY INDIRECT OR CONSEQUENTIAL LOSS AND/OR EXPENSE SUFFERED BY THE BUYER ARISING OUT OF A BREACH BY THE INTERIOR DESIGNER OF THE CONTRACT.

Limitation of Liability - While every effort is made to recommend the services of various independent contractors and these names are given in good faith, the Interior Designer will not be responsible for any act, omission or delay caused by any contractor or sub-contractor resulting in any loss or damage to the Client's property or his/her business.

THE INTERIOR DESIGNER SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND DISCLAIMS ALL CONTRACTUAL AND TORTIOUS LIABILITIES INCLUDING BUT NOT LIMITED TO NEGLIGENCE.

The liability of the Interior Designer to the Client shall be limited to direct damages and shall not in any circumstances exceed the amount of the fees paid to the Interior Designer in respect of the Works. The Interior Designer will not be liable for incidental, special, or consequential damages including lost profits or lost business suffered by the Client, even if he/she has previously been advised of the possibility of such damages. Neither will the Interior Designer be liable for breach of statutory duty or by reason of tort including but not limited to negligence. For the avoidance of doubt prior to any claim being made, the Interior Designer will be given full access and opportunity to rectify any wrong that may have been committed.

Items on approval - All items sent by the Interior Designer to the Client at his/her request are the sole responsibility of the Client whilst in the Client's custody and safekeeping, including transit to and from the Client's premises and the Interior Designer will not be held responsible for any damage or otherwise occurring whilst with the Client.

Defects - The Client shall inspect the goods when they are delivered and shall notify the Interior Designer in writing within one month of the date of delivery of any respect in which the goods are defective or otherwise not in accordance with the contract whereupon the Interior Designer shall have the opportunity to repair or replace such goods.

Force Majeure - If either party to this Agreement is prevented or delayed in the performance of any of its obligations under this Agreement by force majeure, then such party shall be excused from the performance for so long as such cause of prevention or delay shall continue. For the purpose of this Agreement force majeure shall be deemed to be any cause affecting this Agreement arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of such party.