Business Terms and Conditions

The following sets out our business terms and conditions. For our website Terms and Conditions, click here.

SUPPLY OF GOODS AND SERVICES AGREEMENT

Please read all these terms and conditions (“Terms”).

APPLICATION
1. By ordering our Services, including any Goods, you accept that performance of the Services will be subject to these Terms which are also referred to in any Order Form or Deposit Agreement that you will receive from us.
2. These Terms will apply to the purchase of the Goods and Services by you (the “Customer” or “you”). We are Blackberry Build Ltd, a company registered in England and Wales with registration number 09303243 whose registered office is at 105 High Street, Brentwood, England, CM14 4RR, with email address info@bb-group.co.uk and telephone number 01277563566 (“Blackberry” or “us” or “we”).
DEFINITIONS

Business Day means a day other than a Saturday, Sunday, or public holiday in England when banks in London are open for business.
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft, or profession.
Contract means the legally binding agreement between you and us for the supply of the Services, the provision of which are contained in the Quote, the Order Form, Deposit Agreement (where applicable) and these Terms.
Property means your home or premises or other location where the Services are to be supplied, as set out in the Order Form.
Deposit means the sum payable upon signature of the Order Form.
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.
Fees means the sums payable by you under the Contract for the Supply of Services.
Goods means any Goods that we procure and supply to you under the Services, including but not limited to bespoke fixtures and fittings, of the number and description as set out in the Order Form and Quote.
Order Form means the document of that name that details the exact Services you have requested including any Goods you wish us to supply, including but not limited to: the Property details, your personal information and delivery dates which must be executed by you in order to form the Contract that will be subject to these Terms.
Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you in any manner.
Services means the services advertised on the Website, including the procurement and installation of any Goods, of the number and description set out in the Order Form and Quote.
Quote means the estimated cost of providing the Services and full specification of our proposal for the Services provided to you by us prior to entering the Contract.
Website means our website www.blackberrybuild.co.uk on which the Services are advertised.
SERVICES
1. Our range of Services is detailed on the Order Form or may be described to you or demonstrated in brochures in person by one of our representatives. Any descriptions are for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
2. As specifications for Services include Goods, we provide to you and that are made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
3. We reserve the right to make changes to the methods of supplying the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
OUR RESPONSIBILITIES
1. We shall:
  1. perform the Services carefully and competently;
  2. use materials that are of satisfactory quality and suitable for their intended purpose. The materials will be new unless the customer agrees otherwise in writing.
  3. use materials that are of satisfactory quality and suitable for their intended purpose. The materials will be new unless the customer agrees otherwise in writing.
  4. attend the Property regularly to carry out the work during the agreed working hours;
  5. regularly dispose of any rubbish from the Services;
  6. be responsible for any damage we may cause to the Property and its contents or neighbouring properties;
  7. leave the working areas in a clean and tidy condition at the end of each day;
  8. comply with all our legal duties and responsibilities.
2. Health and Safety
  We will take all practical steps to:
  1. prevent or minimise health and safety risks to you and other people visiting the premises;
  2. minimise environmental disturbance, nuisance, or pollution from the work; and
  3. make sure that any temporary protection for the work is safe and weatherproof.
CUSTOMER RESPONSIBILITIES
1. You must co-operate with us in all matters relating to the supply of the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed). In particular you must ensure that:
  1. access to the relevant parts of the Property is provided to allow us to provide the Services;
  2. provide access to electricity, water, and sanitation facilities at the Property for use by our contractors, PROVIDED THAT in the case of sanitation, bathroom facilities are maintained in good condition throughout;
  3. free parking or residents parking vouchers are provided where necessary;
  4. where applicable you consult the owner of the Property regarding the Services and gain consent before ordering the Services. This includes sharing details of the proposed Goods to be used;
  5. the installation site is clear of all items of value and any debris and is fully accessible;
  6. no works or modifications to the area where the Services are to be carried or Goods are to be installed after we have taken the technical measurements;
  7. we are allowed to perform the Services uninterrupted SAVE FOR instances where you need to make us aware of anything that could materially affect performance;
  8. the Property will not be used as an abode whilst the Services are being performed (we will take appropriate measures to secure the Property whilst the Services are being carried out by taking practical precautions to deter intruders from entering);
  9. any legal obligations or permission that may be relevant to carrying out the Services including but not limited to bylaws and planning permission if required are sought and approved;
  10. any health and safety hazard or concern which we might come across whilst performing the Services are adequately secured prior to the scheduled performance.
2. Failure to comply with Clause 5.1 is a Customer default which entitles us to suspend performance of the Services until you remedy it, or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
3. If you have not informed us of any of the considerations mentioned in Clause 5.1.9 above prior to commencement of delivery of the Services, we accept no responsibility for any issues that may arise due to either contraventions of planning or other legal obligations.
4. You further agree to:
  1. consent to allow us to advertise on site during the performance of the Services and take pictures and videos of works and use them for advertisement and case studies;
  2. carry out any noisy works between 8:00 am and 6:00 pm from Monday to Friday and 8:00 am to 1:00 pm on Saturday unless otherwise agreed between us;
  3. take notice of all warnings we give you about any health and safety or environmental risks which we are taking measures to prevent or minimise;
  4. not knowingly allow people living in or visiting the Property, particularly children, to be exposed to any dangers from the work.
5. With regards to Interior Design Services
  1. The Client assumes full responsibility for their complete understanding of the Design Proposal on the understanding that they may raise any query regarding the Design Proposal with the Designer before the Design Proposal is agreed and signed by both parties.
  2. The Client shall notify the Designer of any requested changes to any Design Proposal and/or any specific instructions regarding the specifications in writing.
  3. The Client accepts full responsibility for the implementation of the Design Proposals if they opt to do so without the Designer involvement, to include, but not limited to, the checking of any dimensions provided by the Designer and sourcing their own manufacturers for any bespoke and/or custom-made goods.
  4. The client shall provide the Designer with such information and materials as the Designer may reasonably require in order to supply the Goods and/or Services and ensure that such information is complete and accurate in all material respects.
  5. keep all materials, equipment, documents and other property of the Designer at the Client’s premises in safe custody at its own risk, maintain such in good condition until returned to the Designer, and not dispose of or use it other than in accordance with the Designer written instructions or authorisation.
  6. The Client shall provide access for the Final Site Survey, any other necessary Site visits, and delivery of the Goods and/or Services at all reasonable times. If the Designer are unable to deliver the Goods and/or Services, the Designer shall be entitled to suspend or cancel the Contract.
  7. The Client agrees that the Designer shall have the right to take and publish photographs at any stage (including after completion) and the Client shall give reasonable access to the Site for this purpose.
PERSONAL INFORMATION
1. We retain and use all information strictly under our Privacy Policy, which can be found here - https://www.blackberrybuild.co.uk/website-terms-and-conditions
2. If we to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in the Order Form or other medium.
3. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
BASIS OF CONTRACT
1. Once you contact us for an estimate via phone or email, we will endeavour to get back to you within a 2 Business Days and provide you with a Quote within 5 Business Days where possible.
2. We will need to visit your Property in order to produce the technical measurements required and generate a Quote.
3. All Quotes are valid for 14 days from its date unless we expressly withdraw it at an earlier time.
4. The description of the Services in the Quote does not constitute a contractual offer to sell the Services.
5. Should you accept the Quote in principle, we will then visit your Property again to discuss the Services with you and present you with the Order Form for signature. No Contract shall be formed until you have signed the Order Form.
6. We may also ask you for a Deposit to reserve your preferred Performance Dates and in such cases, we will require you to sign a Deposit Agreement. Once you pay the Deposit and sign the Deposit Agreement and the Order Form, a Contract will be formed for the Services which will be governed by these Terms and the contents of the Quote. This Deposit will be redeemable against the Fees for the Services.
7. You must ensure that the Order Form is complete and accurate and inform us immediately of any errors prior to acceptance so that we can revise the Order Form accordingly. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and Blackberry in writing and any such changes may incur extra fees.

FEES AND PAYMENT

The Fees for the Services shall be payable in accordance with the following payment schedule:

Stage of Services	Fee (% of value of the Contract)
On signing the Contract	20%
On commencing the Services on site	10%
Throughout the Services at 2-week intervals based on applications by Blackberry in respect of completed Services	65%
At practical completion	5%

The Fees may increase due to factors outside of Blackberry’s control, including in the event that the end supplier of any Goods increases the price. If this occurs, you may either:
1. accept the increase;
2. refuse the increase and allow us to source a replacements Goods or other materials; or
3. refuse the increase and cancel the Contract. In such an instance, you will not receive a refund for any Fees already paid to us.
If you wish to add to the Services as outlined in the Order Form and Quote, then this will be chargeable and will be subject to a new contract for the Supply of Goods and Services.
If any information provided by you prior to the issuance of the Order Form is incorrect leading to an increased cost for us in supplying the Services you require, then an extra charge will be applicable. We will notify you of the extra cost prior to undertaking any additional work in writing.
All Fees and charges are subject to VAT at the rate applicable at the time of the Order.
Payment for the Services must be made in full within 5 Business Days of invoice for the completion of each stage of the Services as specified on the Order Form unless the performance of the Services is subject to a legitimate dispute. Snagging shall not be grounds for delayed payments. Failure to make payment in accordance with this clause may result in the Services being suspended.
If payment is not made in full after 20 Business Days following completion of the Services and there is no dispute over the delivery of the Services by us, we will charge you interest at a rate of 10% per month until the payment is made in full, which shall include charges in respect of the first 28 days that payment has been in arrears.
All payments must be made via BACS transfer to our bank account – Blackberry Build Ltd, account number 60075124, sort code 20-45-45. Payments for advanced deposit can also be made by debit or credit cards.

PERFORMANCE OF THE SERVICES
1. You expressly agree and acknowledge that “time is not of the essence” in the performance of the Services. Nonetheless, we will perform the Services at the Property on the Performance Date or within the agreed period or, failing any agreement within a reasonable time.
2. The Order Form will specify one or more dates for delivery and/or installation of the Services (“Performance Dates”) with specified time slots which we will employ reasonable endeavours to adhere to.
3. The Performance Dates will be extended by a fair and reasonable amount where delays are caused by changes to the Goods or Services requested by you, if you delay performance of the Services in any other way or in accordance with Clause 15. In such cases, we will be entitled to claim any reasonable costs arising from such extension.
4. In any case, regardless of events beyond our control, if we do not perform the Services on time in accordance with the Performance Date, you can (in addition to any other remedies) treat the Contract at an end if:
  1. we have refused to perform the Services; or
  2. we are not performing the Services in accordance with our health and safety obligations;
  3. after we have failed to perform the Services on time, you have specified a later period which is appropriate to the circumstances, and we have not performed the Services within that period; or
  4. given reasonable opportunity, we have failed to perform the Services within 90 days of the Performance Date.
5. Please note that if you wish to change the Performance Dates, we may charge a change fee at our discretion, and we cannot guarantee any particular slot that you select.
RISK AND TITLE
1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
2. You will not own the Goods until we have received payment for the Services in full. If full payment is overdue, we can choose, by notice to cancel the performance of the Services and end any right to use any Goods.
WITHDRAWAL AND CANCELLATION
1. If you are purchasing Services as a Consumer, you have the right to cancel this Contract within 14 days of signature of the Order Form without giving any reason.
2. The cancellation period will expire after 14 days from the day you sign the Order Form.
3. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement sent to us by email info@bb-group.co.uk before expiry of the cancellation period. If you cancel this contract, we will reimburse to you all payments received from you including the Deposit.
4. To the extent that any Services have already been performed during the cancellation period, you will not be refunded for those Services, and you will receive a pro rata refund which will be deducted from the Deposit. No bespoke Services that have been carried out can be cancelled under this Clause 11.
5. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
6. We may end the Contract at any time by writing to you if you commit a breach of these Terms as follows:
  1. ou do not make any payment of Fees to us when it is due, and you still do not make payment within 5 Business Days of us reminding you that payment is due; and/or
  2. you do not, within a reasonable time, allow us to perform the Services at your Property.
INSURANCE
1. Prior to the commencement of the Services, you must inform your household insurers, if any, that you are about to have work done at the Property.
2. We have and will maintain during the Contract, current public liability insurance coverage for death or injury to people and damage to property for any one claim arising from one event up to £5,000,000.
DEFECTS AND GUARANTEE OF SERVICES
1. We have the right to correct all the faults (snags) that we are responsible for and that have been discovered within 3 (three) months of completion of the Services without liability.
2. We offer a 24 month quality guarantee on decorating Services (Finishes Guarantee) and a 10 year guarantee on any structural works (Structural Guarantee) performed by us. For the avoidance of doubt, the Finishes Guarantee shall not be valid in respect of wear and tear that would be reasonably expected with the passage of time that has elapsed. The Structural Guarantee shall not be valid in the event that damage is caused by endemic issues not under the control of Blackberry, including, but not limited to, chronic damp or subsidence.
3. Where Goods are covered by their own retail or manufacturer’s warranty, we shall pass on these same warranties to you and will provide you with details of these warranties and/or guarantees upon request.
4. For the avoidance of doubt, you will not be able to benefit from our guarantee and it will become invalid if you do not comply with the care instructions reasonably required by the operation and maintenance manual provided to you by us.
5. If you sell your Property in which the Services have been performed, then we will not transfer the unexpired part of this guarantee to the new owner.
DURATION, TERMINATION AND SUSPENSION
1. The Contract shall commence once you sign the Order Form and shall continue for as long as it takes us to perform the Services.
2. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
  1. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
  2. is subject to any step towards its bankruptcy or liquidation.
3. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected and all outstanding Fees for Services completed will become due.
CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY
1. In the event of any failure by us to complete the Services due to something beyond our reasonable control:
  1. we will advise you as soon as reasonably practicable; and
  2. our obligations will be suspended so far as is reasonable, PROVIDED THAT we will act reasonably and that we will not be liable for any failure which we could not reasonably avoid.
PRIVACY
1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy, which can be found here - https://www.blackberrybuild.co.uk/website-terms-and-conditions
3. For the purposes of these Terms and Conditions:
  'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
  'GDPR' means the General Data Protection Regulation (EU) 2016/679.
  'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR
4. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
5. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
  1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
  2. we will only Process Personal Data for the purposes identified;
  3. we will respect your rights in relation to your Personal Data; and
  4. we will implement technical and organisational measures to ensure your Personal Data is secure.
6. For any enquiries or complaints regarding data privacy, please contact us by email info@bb-group.co.uk without delay.
LIMITATION OF LIABILITY
1. Where we are providing the Services in the Property, we will make good any damage to the Property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or for weaknesses or any endemic conditions of the Property (whether known or unknown) which may influence our performance of the Services or cause damage to the Property that we discover while providing the Services.
2. Subject to Paragraph 17.3 below, we shall only be liable for rectification or a refund for the Services carried out and our liability shall be capped at the total amount paid by you under the Contract.
3. We do not seek to exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of our other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) consequential loss (for example loss of profit) to your business, trade, craft, or profession which would not be suffered by a consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft, or profession.
GOVERNING LAW, JURISDICTION AND COMPLAINTS
1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
3. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 Business Days.
4. In the event of a dispute, the parties may also, without prejudice to their rights to go straight to court proceedings, within 21 days, request a decision from an adjudicator appointed under an adjudication scheme for this Contract. The adjudication schemes are run by The Royal Institution of Chartered Surveyors (RICS), the Royal Institute of British Architects (RIBA) and the National Specialist Contractors Council (NSCC) respectively.
5. If the parties choose adjudication to decide a dispute, they both accept that the cost, rules, and procedures involved will become part of this Contract, free details of the cost, rules and procedures for adjudication are available from the links above.
PROVISION or RECOMMENDATION of FIXTURES, FITTINGS and EQUIPMENT by Blackberry Build
1. Where the Interior Design Service is acting as the Client’s Principal in regard to the, procurement, delivery and/or installation of the FF&E then the following shall apply.
  1. Blackberry Build shall prepare an estimate for the Interior Designer FF&E service inc all *hard goods, and will submit it to the Client for approval. The estimate shall be valid for 30 days from the date of the estimate and shall be subject to the terms and conditions contained in or referred to in the estimate itself.
  2. Such an estimate will not be an offer capable of acceptance so as to bind to Interior Design Services. The estimate will only become binding on the Parties once the Client has stated that it is accepting the estimate and Blackberry Build has then issued its confirmation of the Client’s acceptance. Blackberry Build reserves the right to withdraw or revise an estimate prior to Blackberry Builds’s confirmation of the Client’s acceptance.
2. The Interior Designer shall use reasonable endeavours to match natural products such as wood, stone, glass, metal and leather to samples provided to the Client but shall not be responsible for variations in Interior Designer FF&E which occur due to intrinsic properties, nature and working methods applicable to natural products.
3. Where the Interior Designer provides items of Interior Designer FF&E to the Client for the Client to approve, then all risks in those items shall pass to the Client upon delivery to the Site and the Client should ensure that the items are carefully stored and are not otherwise put at risk of damage. The Client shall indemnify the Interior Designer in regard to any damage, loss or injury to the items and shall, at the Client’s cost, make suitable arrangements for the return of such items to the Interior Designer upon request or as otherwise agreed.
4. Any time or date for delivery of hard* goods in the estimate shall be approximate only. The Interior Designer nor Blackberry Build shall not be liable in any manner for failure to deliver within the time stated, nor in such circumstance shall the Client be entitled to cancel or terminate any order or contract.
5. The Interior Designer or Blackberry Build shall not be liable for any defect in quality, description or fitness for purpose of Interior Designer FF&E that could not have been discovered using the reasonable skill, care and diligence.
6. Price – the sum payable for the Interior Designer FF&E Services shall be the amount stated in the estimate or as otherwise agreed in writing between all Parties. If prior to completion of the supply of Interior Designer FF&E and related Services the Interior Designer’s costs of undertaking the relevant supply or Services increases due to any reason outside the Interior Designer’s control, including, but not limited to, increases in the costs of materials, labour, transport or currency fluctuations, the Interior Designer shall be entitled to a reasonable adjustment in the price payable by the Client for the Interior Designer FF&E
7. When using the Interior Designer, payment of this very service and associated hard* goods shall be as detailed in the signed off estimate provided by Blackberry Build. The supply, invoicing and payment of soft** goods should be direct with the chosen supplier(s) in keeping with these third party’s terms and conditions of business. Delivery and timely supply of such soft** goods shall be the responsibility of the Client alone.
  
  *Hard goods are items such as tiles, carpets, ceiling/wall lights, cabinet units, kitchen fixtures that are bolted to the structure of the property.
  **Soft goods are items such as rugs, furniture, lamps, tables that are not affixed to any part of the property’s structure.