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Friday 18th of May 2012

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Terms and Conditions

1. Our Philosphy
Our aim is your total satisfaction; we have serviced hundreds of clients and offer a first class job with the highest standards of workmanship. The goal of AND PROPERTIES is to save you money, We share the same interests.

2.   Obligations
Subject to the conditions set out herein AND PROPERTIES (“the Company”) shall carry out at the premises of the Customer the agreed works (“the Works”) as specified on the Company’s Estimate, e-mails and/or any other written communication method that has been used and in furtherance of such services each party undertakes so far as the conditions fall to be observed and performed by that party to observe and perform the same

3.   Trading hours
Unless specifically stated to the contrary, the normal working hours of the Company are Monday to Friday 8.30 a.m. – 18.30 p.m. excluding Saturdays, Sundays and Bank Holidays when no work is undertaken

* AND PROPERTIES is the trading name of A & D Properties (London) Limited registered Company No. 5839726 whose registered office is at 20 Accommodation Road London NW11 8EP

4. (a) Method of Work
The Company shall use its reasonable endeavours to work in a tidy careful and efficient way providing dust covers for furniture and passageways and shall aim to control the flow of dust and debris as far as possible but the Customer has to accept a certain degree of inconvenience whilst the Works are in progress. The Company advises the Customer wherever possible to remove from the Premises items of value including antiques

(b) The Company is fully insured for Public Liability claims up to £5,000,000

5. Additional Costs
The Customer shall accept that inevitably additional unforeseen costs can occur over and above that estimated and in particular (but without prejudice to the generality of the foregoing) as a result of concealed problem areas out of the line of sight such as defective floorboards, broken pipes in which case the Company shall inform the Customer of these as soon as possible after they have become known to the Company

6. Liaison
Where applicable the Company shall use its reasonable endeavours to liaise with any Residents Association or the like and if possible adhere to any “house” regulations but reserves the right to make an additional charge if such regulations require additional work on its part

7. Charges
(a) In consideration of the Company effecting the Works, the Customer shall pay to the Company the amount of its charges as follows:
(i) 20% on acceptance of the Company’s Estimate
(ii) according to the Company’s payment Schedule as presented during the course of the Works
(iii) the balance on completion

(b) The Company’s charges shall include the cost in respect of work only. The Customer shall bear the cost of any items/parts/materials required by the Company

(c)(i) Completion shall mean completion of the Works pursuant to the agreed Estimate and for the avoidance of doubt if the Company voluntarily agrees to carry out any snagging works this does not deem Completion to have been delayed and the Customer shall not be entitled to claim that Completion has not occurred for this reason

(ii) The Customer shall allow the Company access to the Property at all times to carry out the Works and if the Customer shall wrongly deny access the Company shall be entitled to state that Completion has taken place and the Customer shall be liable to pay to the Company the unpaid amount of the Company’s charges

(d) Payment of any Invoice issued by the Company shall be made by the Customer without any deduction or withholding on any account whatsoever within seven days from the date of Invoice together with Value Added Tax at the appropriate rate current on the date of the tax point therein specified. If a sum for the time being due to the Company is not paid on the due date for payment, the Customer will from time to time pay to the Company on demand interest on the unpaid balance for the period beginning on the due date for payment and ending on the date of receipt of funds at the rate (as well after as before judgment) of 4% above the base rate of Barclays Bank Plc. for the time being and from time to time during that period.

(e) In the absence of any specific estimate the Company shall charge at the hourly rate of £43 including travelling time together with VAT thereon

8.   Supply
The Company agrees to supply materials required for the completion of the Works in accordance with any previous written quotation. In the event of the Customer self supplying items – e.g. wooden floors, ceramic tiles, sanitary appliances, kitchens, fittings etc., the Company has no control on missing parts of items supplied by the Customer for installation even in the case of the item(s) being signed for by the Company representative in the course of delivery. Any warranty supplied by the Company is for the installation and the supply of products by the Company only and does not cover third party items supplied by the Customer for mail order or other means. In the event of missing parts the Company will advise the Customer of this as soon as it can and in the event these parts are not available the Company reserves the right to charge for missing components as required

9.   Client Responsibility
Prior to work commencing the Company will discuss the Works with the Customer. This includes colour co-ordination, tiling, designs and the like. The Company offers a professional advice on the best solutions, however the decision is always the Customers ultimately and the Company will work to the Customers specifications in any event. In the case the Customer revises his requirements prior to the Works being completed the Company may levy an additional charge for items as required or additional time on the project.

10. Force majeure
The Company shall be released from its obligations in the event of national emergency war prohibitive governmental regulation or if any other cause beyond the reasonable control of the Company renders the performance of the Company’s obligations impossible whereupon all money due under this Agreement shall be paid immediately and in particular the Customer shall immediately pay to the Company all arrears of charges then owing to the Company

11. Method of Works
The Company will aim to complete the Works to the highest standards, working to the Customer’s specifications as much as possible. The following sub-clauses are examples of the processes and procedures we perform. For example:

(a) Filling and Painting – Sanding and painting walls and ceiling handling small cracks caused by nails and hooks and the like. Application of 3 coats of paint to the area to be painted. Advising on any potential or actual issues accordingly.

(b) Wallpapering – Stripping – Lining: The Company strips and wallpapers the prepared walls using filler as required and paints the wallpaper as required in the choice of paint selected by the Customer.

(c) The Company will plaster the walls as necessary and advise on any imperfections found in condition of walls, potential dangers, hazards etc and advise if additional work may be required which may result in additional costs. The Company plasters walls with cement [?] and a coat of bonding if necessary with a coat of multi finish applied for a smoother surface

(d) Varnish wood work floors and banisters (or any natural wood surface) The Company aims to match the colour(s) of the wood being varnished, however the Company is not responsible for colour matching not being l00% but will always aim for this. However due to absorbency and the texture of the wood, a perfect match is never guaranteed

(e) Flooring: The Company will remove carpet/wood flooring and install the required surface as instructed by the Customer subject to the strength of the existing floor base. In the event of problems detected with the surface where the floor will be laid, the Company will advise the Customer on this and the subsequent costs involved with repair as required

12 (a) Summary Termination
(i) If the Customer defaults in the performance of any obligations herein undertaken by it including non payment of the Company’s charges and such default continues for 7 days after the Company requires the Customer to remedy the same or

(ii) The Customer becomes insolvent within the meaning of the Insolvency Legislation of the United Kingdom or

(iii) If in the sole opinion of the Company the Customer places unreasonable demands on the Company

then in any such event, the Company may (without prejudice to any other right, powers or remedies it may have by law in respect thereof) by notice to the Customer declare that the Company shall be under no further obligation hereunder to carry out the Works and terminate any Agreement between the Company and the Customer

(b) Any termination of this Agreement shall be without prejudice to any rights of the Company which accrues or arises out of an event or events occurring prior to the date upon which the Notice of Termination takes effect.

13. Indemnity
The Customer shall indemnify the Company and hold it harmless from all costs, claims, expenses and liabilities suffered or incurred by the Company in consequence of or connection with any loss of or damage to the property of the Company its officers, servants, employees or agents or any death of injury to any Officer, Servant, Employee or Agent of the Company occurring whilst such Property, Officer, Servant, Employee or Agent is on the Premises in connection with the Works

14.   No Liability for Third Parties
(a) The Company shall not be liable in the event that any Contractor brought in by the Customer causes the Works to be delayed or amended as a result of fault on the Contractor’s part in which case the Customer shall be liable to pay an additional charge to the Company in respect of any further works required to be effected as a result
(b) The Company shall be entitled to make an extra charge:-
(i) if the Customer’s Insurers require any additional works to be effected to the premises of the Customer and/or
(ii) any items supplied by the Customer or its Contractors are missing or defective or do not arrive on time
(iii) The Customer changes its mind about previously agreed colour schemes, tiling designs and the like
(iv) The Customer does not pay on time
15 Exclusion

The Company’s total liability to the Customer whether in contract, tort or otherwise in respect of its obligations and liabilities under this Agreement shall not under any circumstances exceed the Contract Price for the Works and is in lieu of and excludes all other conditions and warranties implied by Statute Law or otherwise subject to any statutory provision to the contrary and in particular the Company expressly disclaims all warranties, conditions and other terms of any kind whether express or implied including but not limited to any implied term of merchantability, satisfactory quality or fitness for a particular purpose and shall not be liable for special indirect or consequential or incidental damages, or damages for lost profits, loss of revenue or loss of use arising out of or related in any way to the Works.

16. Whole Agreement
The Customer acknowledges that it has not entered into this Agreement in reliance upon any representation whether written or oral made by or on behalf of the Company. This Agreement will constitute the whole Agreement between the Company and the Customer as regards the Works and any prior agreement or understanding of the parties hereto in respect of the same is hereby superseded.

17. Headings
Headings contained in this agreement are for reference purposes only and should not be incorporated into this Agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate

18 Joint and several
All agreements on the part of cither of the parties which comprise more than one person or entity shall be joint and several and the neuter singular gender throughout this agreement shall include all genders and the plural and the successor in title to the parties

19. Proper law and jurisdiction

19:1     This agreement shall be governed by English law in every particular including formation and interpretation.

19:2   Any proceedings arising in of or in connection with this Agreement may be brought in any court of competent jurisdiction in London

19:3 The submission by the parties to such jurisdiction shall not limit the right of the Company to commence any proceedings arising out of this Agreement in any other jurisdiction it may consider appropriate

19:4 Any notice of proceedings or other notices in connection with or which would give effect to any such proceedings may without prejudice to any other method of service be served on any party in accordance with Clause 18

20. Notices
(a) Any Notice to be given either by the Company or by the Customer shall if given by the Company be served by Recorded Delivery or registered mail to the home address of the Customer and if given by the Customer be sent by first class mail to the trading address of the Company as well as a further copy to the Registered Office of the Company (if different)

(b) Any Notice shall be deemed served 72 hours after proof of posting

21. Rights cumulative
All rights granted to cither of the parties shall be cumulative and no exercise by either of the parties of any right under this Agreement shall restrict or prejudice the exercise of any other right granted by this Agreement or otherwise available to it

22. Survival of terms
If any provisions of this Agreement is found by a Court of competent jurisdiction to be invalid the parties nevertheless agree that the Court shall endeavour to give effect to the parties’ intentions as reflected in these provisions and that the other provisions in these Terms shall remain in full force and effect

23 Waiver
The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement

24.    Status of Company

24:1 The Company is an independent contractor and not the servant of the Customer

24:2 Whilst the Company shall endeavour to co-operate wherever possible with the wishes of the Customer, the Company ultimately shall not be subject to directions from the Customer as to the manner in which it shall perform the Works.

IN WITNESS whereof the parties have signed this Agreement the day and year first above written

SIGNED BY

for and on behalf of:
AND PROPERTIES

SIGNED by the said
[ ]
in the presence of

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0800 328 2015

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Hi Amir,

Just a brief note to say thanks for completing our building project on time and within budget. We were very impressed with the quality of the workmanship and the efficient way in which the work was planned and organised.. You have a great team - please convey our thanks to all of them.

Regards,

Tom and Lucy D, London NW3
To whom it concerns,

I can highly recommend A&D properties – Amir Wayman and his partner Dror Avital. They have carried out a range of building jobs at my home over a four / five-year period. My home is a period Victorian Art Deco style five bedroom house, with some retained historical features with the benefits of modernisation.

They have carried out the work to a professional standard, meeting deadlines within timescale and with contingency, with clarity, intelligence, good team management and with a good design sense.

They and their team have been polite, hard-working, cleaned up all debris and sensitive to the needs of working around a family environment.

Their work has included:

Installation of two new bathrooms

Replacement of a large and complex roof with solar panels that heat hot water;

Repair and problem-solving for a range of other jobs including electricity, gutters and drains, plumbing, interior and exterior decorating and woodwork.

Please do not hesitate to get in touch if necessary.

Yours faithfully,

Kendal.
Over the past four years, A&D properties have worked in my house renovating it. From small jobs like fencing, through to lighting, plumbing, carpentry and decorating to underfloor heating and conservatory and everything in between. I highly recommend this company for their professionalism, punctuality and friendliness!

Zingham
London N2
As last time, the work was of a high standard, so many thanks. I will be in touch soon regarding further projects on behalf of all 3 freeholders.

Best regards
Mel.
Thank you to A&D Properties and their great team for such a wonderful job. They told us everything they were doing throughout the process, and their honesty, integrity and efficiency was second to none.

This was our first major renovation project and we were very nervous about how much time we would have to spend out of the house, but A&D Properties completed the work on the day they said they were going to and we came back to find a spotless, clean home with no evidence they were ever there!

I can’t recommend them highly enough. Thank you again.

Mr & Mrs B, Finchley, London N3
Thank you again for the quality of your works, and I will be in touch in the new year to discuss other works.

Sincerely
James.
Dear Mr. Avital,

I would like to thank you and your team for carrying out such a highly professional job restoring my sash windows. I have to confess that I intend to torment you further in the near future by asking you to do more work in my flat.

Kind regards and yours sincerely
Mr Sarraf
The Directors,
A & D Properties.

I am very happy indeed with my loft conversion. You did the work more quickly than expected at a fair price and I much appreciate the expert way you handled the contract from start to finish, with ongoing supervision of your very skilled workmen. They were unfailingly hardworking, polite and quiet and carried out your assurances of causing minimum disturbance with cleaning up daily.

After many previous experiences with builders, you are the first company I am happy to recommend to others.

Kind regards,

A. Newman
London NW6.
We just wanted to say a big thank you to A & D Properties who have just completed some refurbishment works at our house. We were extremely impressed with the quality of the work done and by the team who were efficient, friendly, courteous and left our house spotlessly clean each evening. We will definitely use your services again and have no hesitation in recommending you to others.

John Little
Just a note to say thank you; excellent work and workmen - they came when they said they would come, worked neatly and competently and cleared up after themselves. Would recommend you - thanks.

Regards,

Hilary Glasman-Deal
To whom it may concern,

We bought a first floor, three bedroom Victorian mansion flat in mid-2010 which required extensive redecorating, removal and installation of a new kitchen, and some structural work including the removal of an internal wall and re-raising two ceilings.   In terms of experience, we had very little experience when it related to old mansion block flats, so we were totally reliant on our builders.

The Quote

To undertake the works we asked for four different builders to walk through the apartment and provided a specific scope of works to form the basis of their quote. We selected the four builders based on personal referrals and positive reviews from the internet. When we met Dror from A&D, we were immediately impressed by his presentation and professionalism. He was well prepared for the walk through, took extensive notes and offered helpful suggestions on the work we were going to undertake. Some of the other builders we saw were poorly presented and prepared, didn't take notes and just accepted our scope of works without offering suggestions.   Dror also provided us with useful marketing materials, case studies and the opportunity to view other properties they had recently renovated. Two other important points is that Dror has an exceptional eye for detail - he was able to pick items through the apartment which clearly needed work but we had overlooked, and this also meant that the quality of the finishes we received were impeccable. Secondly, Dror has the ultimate can-do attitude - no change or suggestion is too difficult, and he can draw on 20 years of building experience to find solutions to any problems and ensuring that they are done in a cost and time effective way. Not every builder has these attributes (and certainly not all four of the builders we selected) but we found them to be critically important as we progressed through our works.

When we received the quotes from the four builders, we found that A&D were highly competitive but also provided a quotation that was by far the most detailed and itemised out of all the builders. Through the tender process, we found two of our builders were overpriced (nearly 100% higher than the other two quotes) and also had timelines that were far too generous (2 - 3 months). Dror was able to promise the works would be completed within 6 weeks from commencement. Based on all the above, we had no hesitation in selecting A&D to undertake our renovations.

The Works

A&D assigned a team of workers led by our project manager, Adam, with oversight provided by Dror. Adam would be on site everyday, while Dror would drop-in every few days to ensure the works were going to plan and provide quality control, but he and Adam would speak numerous times a day. Adam would drive around in a A&D truck which is clearly marked has all of A&D's contact details - no unmarked white vans - and their consideration for the neighours was much appreciated. They would not commence work before 8am, and would finish all noisy work by 5pm (although Adam and his team were frequently working away until 8pm to ensure the work timeline was met). They also laid dustsheets all the way from the front door of the mansion building to our front on the first floor, and every day our flat was thoroughly swept, vacuumed and cleaned of all dust, and all the tools and working materials were neatly put to the side. I would not underestimate the value of having such considerate and responsible builders, particularly when you are renovating in a mansion block.

We found Adam to be an amazing builder, but also a fantastic person to deal with and have around. He led a team of four to five workers on site, all experienced and with specific specialisation (painting, electrical, building etc.) but importantly Adam himself was experienced in every aspect of the works. So if any of his workers needed help, he could provide his advice and experience, but also step-in as required as he was experienced in everything from painting, carpentry, electrical, plumbing, floor boards, and kitchen installations. Adam and his team were exceptionally efficient - for example they were able to remove the kitchen within a few hours, and all the materials were broken down and removed from the flat within two days - but also exceptionally friendly, courteous and great senses of humour. We were actually a little sad when they completed the job and they weren't around anymore!

They were also highly adaptable and made quick thoughtful decisions - for example, three of our ceilings required replacement after closer inspection of visible cracks - this was slightly unexpected, but Adam and Dror were able to discuss this with us on the same day the problem was found. They provided a number of options (replace ceiling, use lining paper, leave as is), outlined the costs and risks of each option (the cost was very reasonable), and once we made the decision in a days time, the ceilings were removed and replaced within 48 hours, and the delay to the overall schedule was minimal.   With a less experienced team, and one with less personnel on site, the type of unexpected problems could have caused delays and led to substantial additional cost. However with A&D, there was no such problem and these challenges (and we faced a few given the age of the building) were all dealt with in stride with no fuss.

All our works were completed with only a one week delay, which was amazing given we ended up taking down three ceilings, had to level the floors in our dining room and had some delays in our suppliers. Adam and Dror would speak and meet daily as the works neared completion for quality control and to ensure all the finishes were immaculate. They also brought in a professional cleaner to spend a few hours cleaning the entire flat and clearing all the dust and dirt from the flat before we moved in.

Ongoing Service

A&D were the only builder we met that offered a full warranty on all their work for 12 months, and a 24/7 emergency call service. We have not had to use this yet (which speaks to the quality of their work) but it is comforting to know that they will stand by their work with such a warranty. Also, Dror also came through the flat a few weeks later to review the finishes again, and even though we didn't spot any of these things, he asked his builders to come back to close a small gap in the kitchen, realign a plinth and do a few other spot fixes. All minor stuff, but I hope this highlights how committed A&D are to providing an exceptional service and ensuring their work is of the highest standard possible. Dror himself is a great person to deal with - extremely personable and friendly, and always focused on ensuring you are fully satfisfied in the work they provide.

In summary, we have been truly impressed by A&D and they did an amazing job on our apartment. The quality of the work is exceptional, the time frames and budgets were within expectation, and we ended up with a home that was even better than our highest hopes, thanks in no small part to the contributions and suggestions of the A&D team. We have absolutely no hesitation recommending A&D (and in particular, Dror and Adam) to our family and friends, and to anyone else who is looking for builders who are professional, responsible, hard-working, considerate, experienced, and cost competitive.

Thanks again Dror and Adam, we will always be thankful for the home you have created for us, and we look forward to having you back for our next renovation!

Leigh and Derek
Hi, just wanted to say thank you to you and your team for your excellent work at my flat installing the cork floor in our kitchen earlier this week. Your guys were very friendly, efficient, punctual, and curteous and respectful at all times. They did the job in just one day when I thought it might take 2-3 and I was really happy at how you stuck exactly to your original estimate. The floor looks really good now and has been finished to a high standard.

It was a pleasure doing business with you and I hope to use you again in the future.

Many Thanks

Chris
A&D properties have taken out a complete rebuild of a wooden/glass porch structure via which we access our roof terrace. They also rebuilt a pergola on our terrace. The previous structure was in poor quality, and A&D properties provided advice on what my options were for repair, and replacement. And the possible materials we could use, and reuse. The quote was thorough in what it covered.

They were able to start work on the project straight away, and caused the minimal of fuss in removing and disposing the old structure. They secured the property very well against the weather while we had a hole in the roof.

There was some delay in getting all the necessary materials - which meant the project took longer than had been anticipated. But this was partly due to the many bank holiday weekends causing delays with their suppliers. But Dror was always contactable and able to provide updates.

In general we didn't meet the builders very much as they arrived when we left for work. But when we did overlap, they seemed very polite and considerate, and left little sign of their presence.

I am really happy with the final product - it looks great, and they decorated well and left everything very clean and tidy. They even watered my plants throughout the work when I couldn't access them myself - for which I am very grateful!

I am happy to recommend A&D Properties.

Kate

London, NW5
We would like to thank you for all your help and advice in what was a very difficult time as we were so very far away.

In particular we would like to thank the decorator who spent last week here and took such a pride in his work and did a wonderful job as did all your workers.

With very best wishes

Rica & Jack NW7

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A & D - Properties (London) Ltd is a company registered in England and Wales. Company Number: 5839726.