Terms and Conditions & Privacy Policy

This website is the property of Ann Cope Interior Design, Ann Cope Interior Design is a trading name of ShabbyAnd… Limited whose registered number is 8639641 and whose registered office is 50 Princes Street, Ipswich, Suffolk, IP1 1RJ. By using this website, you agree that you consent to and are bound by the following terms and conditions:

Disclaimer
Ann Cope Interior Design takes all reasonable care to ensure that the information contained on this website is accurate, however, we cannot guarantee its accuracy and we reserve the right to change the information on this website (including these terms and conditions) at any time. You must therefore check these terms and conditions for any such changes each time you visit this website.
While we take every care to ensure that the standard of the website remains high and to maintain the continuity of the website, errors, omissions, interruptions of service and delays may occur at any time. In addition, we make no representations or warranties about the accuracy, completeness, and freedom from viruses, availability, reliability or suitability for any purpose of the information and related graphics published on the website (including all texts, advertisements, links or other items) which may contain technical inaccuracies and typographical errors.

Copyright, Trade Mark and other Intellectual Property Rights
The copyright and all other intellectual property rights in the Ann Cope Interior Design website including all text, graphics, photos, code, files and links belong to Ann Cope Interior Design and the Ann Cope Interior Design website may not be reproduced, transmitted or stored in whole or in part without Ann Cope Interior Design prior written consent. However, you may print out, save or download individual selections for your own personal, private and non-commercial use.

Applicable Law
Any disputes arising from the use of this website shall at all times be governed by the laws of England and Wales and the parties shall submit to the exclusive jurisdiction of the English Courts.

Force Majeure
We shall not be liable to you for any breach of conditions of use or any failure to provide or delay in us providing our services through our website resulting from any event or circumstance beyond our reasonable control including (without limitation) strikes, lock-outs and other industrial disputes, break-down of systems or network access, fire, explosion or accident failure of any third-party telecommunications or service provider.

Account registration
When you register with us you are stating that you are eighteen [18] years of age or over.
You agree that any information you provide to us about yourself upon registration or at any other time will be true, accurate and complete and that you will ensure that this information is kept accurate and up-to-date at all times. Details of the information that we collect and how this is used is contained within our Privacy Policy (see below)

Other Applicable Terms
These terms of use refer to the following additional terms, which also apply to your use of the Ann Cope Interior Design website:
Our Privacy Policy (see below) which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
Our Cookies Policy, which sets out the way in which we use Cookies on the Ann Cope Interior Design website.

How to contact Ann Cope Interior Design
We welcome your views. If you would like to contact us with any queries or comments please send an e-mail to hello@anncopeinteriordesign.co.uk

Privacy Policy
At Ann Cope Interior Design, we’re committed to respecting and protecting your privacy.
This Privacy Policy explains when and why we collect personal information about our website visitors, customers and people who contact or interact with us, how we use it, the conditions under which we may disclose it to others and how we keep it secure.
If you do not want us to process your personal information as described in this Privacy Policy, please do not provide information to Ann Cope Interior Design or use our website www. anncopeinteriordesign.co.uk
Ann Cope Interior Design has a Data Protection Officer who is responsible for matters relating to privacy and data protection.
The Data Protection Officer can be reached at ann@anncopeinteriordesign.co.uk

About Ann Cope Interior Design
Ann Cope Interior Design is a trading name of ShabbyAnd… Limited whose registered number is 8639641 and registered office is Suite E, 2nd Floor, The Octagon, Middleborough, Colchester, Essex, CO1 1TG

How do we collect personal information about you?
We obtain personal information about you that you provide to us through our website, emails, live chat, phone conversations, in writing, documents you provide to us, when you visit us or we visit you or from other sources, for example when you:

Enquire about specific services
Ask us to consult on your project
Register for our email newsletters
Participate in one of our surveys or competitions
Interact with us on our social media sites
Interact with us via third party websites
Provide information as part of electronically signing agreements with us

We also obtain personal information relating to you using automated technical means when you visit our website.

What type of personal information is collected?
The information we collect from you might include (but is not limited to) your name, address, email address, phone number and any other information you choose to provide to us.
The information we collect through our website using automated technical means includes; the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, identification number, online identifier and location data. We also collect information about your website visit including which website pages are accessed, page response times and length of visits to pages.

How long do we retain your personal information?
We review our retention periods for personal data on a regular basis. We are legally required to hold some types of information for certain prescribed periods to fulfil our statutory obligations. Outside of specific statutory obligations, we will hold your personal data on our systems for as long as is necessary for the relevant purposes for which we use it, or in accordance with any retention periods set out in any relevant contract you hold with us.
In many cases it is not possible for us to specify in advance the periods for which we will retain your personal information. In such cases, we will determine the period of retention based on the following criteria:
(a) we will retain your personal data after your contract or service with us has come to an end based on legal and regulatory requirements
(b) we will retain your personal data for as long as necessary to deal with your queries but for no longer than 7 years or (a) above whichever is the sooner.

How do we use your personal information?
We may use the information that you directly provide to us in the following ways:

We may use your name, address, email address, contact and financial details for the purpose of carrying out our obligations arising from any contracts entered into by you and Ann Cope Interior Design such as providing you with products and services you have requested. Our legal basis for this use is that it is necessary for the performance of a contract to which you are party.
We may use your name, email address, phone numbers and postal address to provide you with information, you have requested from us, respond to enquiries or requests from you, communicate with you in relation to those enquiries or requests and arranging visits to your property by our staff. Our legal basis for this use is our legitimate interests, namely carrying out activities in the course of Ann Cope Interior Design business in response to customer enquiries or requests.
We may use your name, email address, phone numbers and postal address to provide you with information regarding similar goods and services to those you have already enquired about or purchased. Our legal basis for this use is our legitimate interests, namely the ongoing marketing of our goods and services to individuals with whom we have an existing relationship in connection with our goods and services and/or who have expressed an interest in those goods and services.
Where you have entered into a contract with us or we have provided you with services, we may use your name and email address to ask for your feedback using third party review sites about the services we have provided to you. Our legal basis for this use is our legitimate interests, namely evaluating and where necessary improving the quality of our service provision with a view to promoting the success of our business and positive customer relationships.
Where you are a party to an existing contract with us or regularly enter into contracts with us for our goods and services, we may use your name, email address, postal address or phone number to notify you of changes to the terms and conditions of our services. Our legal basis for this use is our legitimate interests, namely the administration and management of our business contracts and relationships.
We may use your name, email address and postal address to send you marketing communications, if you have chosen to receive these. These may include information about design trends, newsletters, promotions or offers. Our legal basis for this use is consent.

We may use the information that we automatically collect using technical means through our website to:

Administer our site and for troubleshooting, testing, research and statistical purposes. We use Google Analytics, a third-party website monitoring tool. Our legal basis for this is our legitimate interests, namely monitoring the use of our software and IT systems, improving our website
Measure or understand the effectiveness of our own advertising activity. Our legal basis for this use is our legitimate interests, namely improving the relevancy of our advertising;

This automated collection of information may involve the use of cookies. Please see our Cookies Policy below for further detail about these.
We may analyse the personal information we collect directly from you and obtain using automated technical means to create a profile of your interests and preferences so that we can contact you with information relevant to you (if you have chosen to receive marketing communications from us).

Who has access to information?
We will not sell or rent your information to third parties.
We may pass your information to third party service providers, including but not limited to:

Business partners, suppliers and sub-contractors working on our behalf for the purposes of completing tasks and providing services to you.

When we use third party service providers, we disclose only the personal information that is necessary to deliver the service and we have a contract in place that requires them to keep your information secure and otherwise use your information in accordance with applicable data protection law.
We may disclose your personal information to our insurers and /or professional advisers insofar as reasonably necessary for the purposes of obtaining and maintaining insurance coverage, managing risks, obtaining professional advice and managing legal disputes.
We may transfer your personal information to a third party as part of a sale of some or all of our business and assets, or as part of any business restructuring or reorganisation, or if we’re under a duty to disclose or share your personal data in order to comply with any legal obligation or to enforce or apply our terms of use or to protect the rights, property or safety of our customers. However, we will take steps with the aim of ensuring that your privacy rights continue to be protected.
In addition to the specific disclosures set out in this section, we may disclose your personal information where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person, or for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative out-of-court procedure.

Your rights
In this section we have summarised the rights that you have under data protection law. Some of the rights are complex, applying only in certain circumstances and subject to certain exceptions, and in the interests of keeping this policy concise, not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
You have the right:

To object to us processing your personal information for marketing purposes. If you object, we will stop processing your personal information for this purpose. When we collect your data, you can choose whether you wish to receive marketing communications from us. If you wish to stop receiving marketing communications, you can opt out at any time by clicking an ‘unsubscribe’ link at the bottom of one of our emails.
To access the information, we hold about you and certain information about our processing of it and your rights in relation to it.
In certain circumstances, to obtain erasure of the personal information we hold about you, subject to certain exceptions.
To rectification of the information we hold about you.
In certain circumstances, to restrict our processing of your personal information or object to us processing it. If you object, we will stop processing your personal information unless certain exceptions apply.
Where our legal basis for processing your personal information is your consent or the performance of a contract and we process it by automated means, to be provided with the personal information we hold about you in structured, commonly used and machine-readable format and to transmit the information to another controller.
To not be subject to a decision based solely on automated processing, including profiling, that produces legal effects concerning you or similarly affecting you, subject to certain exceptions.
Where our processing of your personal information is based on your consent, to withdraw that consent at any time. If you withdraw your consent, we will stop the relevant processing, but it will not affect the lawfulness of our processing before the withdrawal.

To exercise any of these rights, email us at ann@anncopeinteriordesign.co.uk In addition, you can exercise your right to object to direct marketing at any time by clicking an ‘unsubscribe’ link at the bottom of one of our emails
If you consider that our processing of your personal information infringes data protection laws, you have the right to lodge a complaint to a supervisory authority responsible for data protection. You may do this in the EU member state of your habitual residence, your place of work or the place of the alleged infringement. More information about lodging a complaint with the Information Commissioner’s Office (the relevant UK supervisory authority) can be found at https://ico.org.uk/concerns/.

Security precautions in place to protect your information
The information we store about you is stored on computer systems based in the European Economic area (EEA)
We take appropriate technical and organisational precautions to secure your personal information and prevent its loss, misuse or alteration. All information you provide to us is stored on secure servers. Where we have given (or where you have chosen) a password which enables you to access certain parts of our websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
The transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and for this reason we cannot guarantee the security of data sent between us over the internet.

Use of Cookies
Like many other websites, our website uses cookies. ‘Cookies’ are small pieces of information sent by an organisation to your computer and stored on your hard drive to allow that website to recognise you when you visit. They collect statistical data about your browsing actions and patterns.
Cookies allow us to provide important site functionality, so you don’t have to re-enter lots of information. They also allow us to remember what links and pages you have been or viewed during a session. This helps us deliver a better, more personalised service to you.
It is possible to switch off cookies by setting your browser preferences. For more information on the Cookies we use, see the below section on “Cookie Policy”.

Links to other websites
Our website may contain links to other websites run by other organisations. We are not responsible for the privacy practices of those organisations or the content of their websites. You should read the privacy policies of these organisations before providing them with any personal information.

Review of this Policy
We keep this Policy under regular review. This Policy was last updated on 12th May 2018
If we change our Privacy Policy, we will post the changes on this page and may place notices on other sections of the website and/or notify you by email.

Further information
You can obtain further information about data protection laws by visiting the Information Commissioner’s Office website at www.ico.org.uk.

Cookie Policy
ShabbyAnd… Limited (“Ann Cope Interior Design”, “we” or “us”) uses cookies and other similar technologies in the operation of this website.
A cookie is a piece of information that a website puts on your computer so it can remember something about you or your device at a later date. We use cookies to distinguish you from other users of our website (including when you browse other third party websites). This helps us to provide you with a good experience when you browse this website. We also use cookies and similar technologies to show you more personalised advertising, including adverts on other websites. By using our website, you agree to our use of cookies.
This policy explains what cookies, including third party cookies, we use on our website, and how you can refuse or withdraw your consent to cookies. You can find more information about cookies at www.allaboutcookies.org and www.youronlinechoices.eu.

The cookies on our website are either set by us or by third party partners and fall into the following categories:
1. First Party Session Management
These are typically required by us to make sure you can move freely from one page to another and so you can access and use certain services within the site. Normally these cookies only last while your browser is open and are deleted when it is closed. Some may need to remain for longer than the duration of your visit (session) or longer.
Cookie name
Description
Duration
CONSENT
Recognises whether a user has accepted cookies when browsing our website
2 years
2. Performance
We want to ensure we provide a good experience. These cookies (which are set by third parties providing services to us) allow us to monitor how visitors use our website. These cookies provide us with anonymous statistics on how many people visit the website, where they have come from and the pages they visit so that we can continue to develop and improve the website and our services. They also help us understand the effectiveness of our advertising.
Third party
Description
Google Analytics
Collects statistical information about how you use the site so that we can improve the site http://tools.google.com/dlpage/gaoptout
3. Functionality
These cookies allow you to set and store preferences for the website, such as when you are offered the option to customise elements of the layout or content of the website. These cookies may also help us to monitor, debug and optimise the performance of the website.
Third party
Description
Google Analytics
Collects statistical information about how you use the site so that we can improve the site http://tools.google.com/dlpage/gaoptout
Instagram
Social Media integration https://help.instagram.com/402411646841720

YouTube
Hosts video content on our website https://www.youtube.com/static?template=privacy_guidelines&gl=GB
Refusing or withdrawing your consent to the use of cookies
You may refuse to accept cookies by altering the settings on your internet browser. For more information about how to do this, look at your browser ‘help’ section or visit www.allaboutcookies.org and www.youronlinechoices.eu.
Please note that if you adjust your internet browser settings to refuse the setting of cookies, you may not be able to access or use fully certain parts or functionality of our website.

Updates to this policy
So that we can offer you the best possible online experience, new services using cookies may be added to our website from time to time. We aim to keep the cookies information provided here as accurate as possible and use all reasonable efforts to regularly review and update the details. When we update these details, we will post changes on this page so please check back frequently.
Feb 2020

Terms and Conditions

Formation of Contract

1.1 These Terms and Conditions together with the estimate of works (“Estimate”) provided by Ann Cope Interior Design (ShabbyAnd… Ltd) which describe the services set out the entire agreement between Ann Cope Interior Design (ShabbyAnd… Ltd) a company registered in England and Wales with company number 8639641 and registered to charge VAT @ 20% on all goods and services. VAT Number: GB1406 1080 58 (“Ann Cope Interior Design (ShabbyAnd… Ltd)”) and you (the “Client”) and will apply once an appointment has been made to provide Ann Cope Interior Design (ShabbyAnd… Ltd) services (the “Services”).

1.2 Before procuring the Services you should read these terms and conditions carefully. You are advised not to use the services of Ann Cope Interior Design (ShabbyAnd… Ltd) if you do not agree to the terms stated.

TERMS AND CONDITIONS (“CONDITIONS”)

THE CLIENT’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 18 (LIMITATION OF LIABILITY)

RECITAL

We enjoy a reputation of working closely with our clients to ensure a successful outcome to a project. In order to ensure this, we will provide the goods and services in accordance with the legal obligations placed on us by the law which include providing services with a reasonable level of skill and care and the goods we provide will be fit for any purpose expressly or implicitly made known to us, the goods are of a satisfactory quality, and they conform to their description. Our standard of service will also apply to any subcontractors we use.

INTERPRETATION

THE FOLLOWING DEFINITIONS AND RULES OF INTERPRETATION APPLY IN THESE CONDITIONS.

2.1 Definitions:

Associated Works: any installation and building (including decoration) to be carried out on Site but not the responsibility of the Designer.

Brief: the statements and materials assembled by the Client to summarise the Client’s express requirements and to address the Client’s preferences, priorities, budget and schedule for the project.

Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Charges: the charges payable by the Client for the supply of the Goods and/or Services in accordance with clause 8 (Payment & Billing Terms).

Client: the person or entity who purchases the Goods and/or Services from the Designer, as named in the Agreement.

Client Default: has the meaning set out in Clause 5.8.

Client FF&E: Where the Designer is acting as the Client’s Agent in regard to advice on/or supply, procurement, delivery and/or installation of FF&E (i.e. the designer is not making themselves undertaking the supply etc. of FF&E.

Commencement Date: the date the Agreement is signed by both parties.

Conditions: these terms and conditions as amended from time to time in accordance with Clause 9.4.

Cost of Order: means the fee for installation of the Design Proposal as set out in the Agreement.

Data Protection Legislation: means the Data Protection Act 1998 and any subsequent legislation which supplements or replaces this Act.

Deposit: means the non-refundable deposit as specified in the Agreement.

Design Cost: means the fee for the Design Proposal as set out in the Agreement.

Design Installation: the delivery and fitting of the agreed Design Proposal.

Design Proposal: the document agreed with the Client detailing the specifications of the Goods and/or Services to be supplied to the Client to include the materials, goods, services, costings and specific instructions.

Designer: Ann Cope Interior Design – Director: Ann Cope.

Designer FF&E: Where the designer is acting as Principal in regard to the supply, procurement, delivery and/or installation of FF&E.

Final Presentation: the point at which the Designer present the Design Proposal to the Client.

Final Site Survey: the necessary final checks that the Designer will carry out on Site before progressing the Design Installation.

Force Majeure:

circumstance beyond a party’s reasonable control including, but not limited to, actions of subcontractors and suppliers.

Goods: the goods (or part of them) as set out in the Agreement.

Intellectual Property Rights:

patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Agreement: means as appropriate either the agreement for Interior Design Service or the Agreement for the order of Goods and/or Services for the Design Installation.

Services: The Services supplied by the Designer to the Client as set out in the Agreement.

Site: the location as specified in the Agreement as the designated delivery and installation address.

2.2 INTERPRETATION:

(a) A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

(b) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

3.0 BASIS OF CONTRACT

3.1 The Agreement constitutes an offer by the Client to purchase Goods and/or Services in accordance with the Agreement and these Conditions. These Conditions are expressly incorporated into the Agreement.

3.2 The Agreement shall only be deemed to be accepted when the Designer and the Client have both signed it at which point, and on which date a Contract shall come into existence (Commencement Date).

3.3 Any samples, drawings, descriptive matter or advertising issued by the Designer, and any descriptions or illustrations contained in the Designer’ (or other third party) catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Goods and/or Services described in them. They shall not form part of the Contract or have any contractual force.

3.4 These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

4.0 Designer Obligations

4.1 Designer will endeavour to advise the client of the predicted timescales of works as soon as is possible after the quotes have been produced. All such dates shall be approximate only and Designer cannot be held responsible for any delay in completion.

4.2 Designer is responsible for organising third party companies, firms or individuals (“Third Party Suppliers”) to undertake certain work for the Client, such as decorating, building work, carpet fitting, curtain and blind/curtain manufacture and fitting and such other work as confirmed by the designer.

4.3 In some cases, goods and materials are supplied by Designer directly to the Client and Designer hereby warrants that such goods and materials shall be of satisfactory quality and fit for their intended purpose.

4.4 The Designer shall prepare a design based on the Brief and include any necessary specifications. The Designer shall create a Design Proposal and make a Final Presentation. If the Design Proposal is provisionally agreed, then the Designer shall then make a Final Site Survey and agree on all specifications with the Client. Once the Design Proposal is agreed the Designer and the Client shall sign the agreed Agreement.

4.5 The Designer will provide a Design Proposal which shall include one design scheme per room or area, additional design scheme options requested would be subject to further charge by quotation.

4.6 The Designer reserve the right to amend the Design Proposal if necessary, to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Goods and/or Services, and the Designer shall notify the Client in any such event.

4.7 The Final Presentation is considered a breakpoint and any additional Goods and/or Services required and/or requested would be subject to additional fees to be submitted by way of quotation for the Client’s consideration and approval to include, but not limited to; further design development and/or revisions of the Designer Proposal and any supply and delivery/installation of any associated goods and materials.

4.8 Any costs incurred in addition to those set out in the Agreement, shall, wherever possible, be quoted by the Designer for the Client’s approval prior to any such chargeable work commencing, to include any work and/or orders requested by the Client in addition to that which has already been agreed and the Agreement shall be amended accordingly, and such amendments signed by both parties.

4.9 The Designer shall not be responsible for any Associated Works. In the event that any Associated Works on the Site affects the Design Installation, or the Design Proposal the Designer shall:

(a) be entitled to a reasonable extension of time and, where applicable, to additional payment for any increased costs incurred.

(b) not be responsible in respect of any defects in, or delays to, the completion of the Design Proposal or Design Installation.

4.10 The Designer shall not make any material alterations to the agreed Design Proposal without the Client’s prior consent.

4.11 The Designer reserve the right to not disclose any information on manufacturers, decorators, other service providers, or any information relating to the source of any materials, goods or products to be purchased, to include, but not limited to, any product brand or manufacturers codes.

4.12 The Designer cannot advise on any structural elements for the Project and, it is therefore the Client’s responsibility to appoint relevant third-party consultants in this respect.

4.13 Any Final Site Survey, either carried out, or attempted to be carried out by the Designer at the Client’s prior instruction which is later found to be non-effective for obtaining all the necessary information required for reasons outside the Designer control, shall be re-scheduled for a later mutually agreed date and progress shall be postponed as a result.

4.14The Designer reserve the right to co-ordinate and integrate any designs provided by others within their Design Proposals or to decline such.

4.15 Designer cannot provide any quantity estimation or custom measurements for third-party use.

4.16 Any drawings and plans supplied by the Designer shall be in a PDF format they will be non-technical and should not be scaled from or used as working drawings in any instance. Any Sketchup Visuals (i.e., room perspectives) supplied are intended to provide an impression of the finished room/s only and may not be fully representative by depicting similar and not exact items to those actually specified. Any furniture drawings and/or bespoke interior feature design drawings shall be conceptual only and subject to counter working drawings to be provided by the associated manufacturer and/or contractor upon commission.

4.17 Where the Client provides specifications (such as measurements, fabric types, colour etc.) in writing the Designer shall have no liability in relation these specifications and shall rely upon the Client’s specifications.

4.18 The Designer will not be obligated to accept the return of any Goods supplied, unless required to do so under their statutory obligations or unless previously agreed in writing.

4.19 The Designer shall not be responsible for variations in Goods supplied which occur due to intrinsic properties, nature and working methods applicable to natural products.

5.0 Client Obligations

5.1 The Client shall ensure that the property is accessible to employees of Designer and Third-Party Suppliers & Contractors providing services throughout the duration of works.

5.2The Client will also ensure that utilities such as electricity and water are available for use at the property throughout works and at no cost to Designer.

5.3 In agreeing with these terms the Client acknowledges that they are fully aware of all work proceeding and confirm they are happy with all items discussed and quoted.

5.4 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.

5.5 The Client shall notify the Designer of any requested changes to any Design Proposal and/or any specific instructions regarding the specifications in writing.

5.6 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.

5.7 The Client shall:

(a) ensure that the terms of the Agreement and any information provided in the Brief are comprehensive, complete and accurate in all respects, and immediately update such information whenever necessary.

(b) fully co-operate with the Designer in all matters relating to the Goods and/or Services.

(c) provide the Designer, its employees, agents, consultants and subcontractors, with access to the Site as reasonably required by the Designer.

(d) 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.

(e) prepare the Site for the supply of the Goods and/or Services.

(f) obtain and maintain all necessary licences, permissions and consents which may be required.

(g) comply with all applicable laws, including health and safety laws.

(h) 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.

5.8 If the Designer performance of any of their obligations under the Contract is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation (Client Default):

(a) without limiting or affecting any other right or remedy available to it, the Designer shall have the right to suspend performance until the Client remedies the Client Default, and to rely on the Client Default to relieve them from the performance of any of their obligations in each case to the extent the Client Default prevents or delays the Designer performance of any of its obligations.

(b) the Designer shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from the Designer failure or delay to perform any of their obligations as set out in this Clause 3.8; and

(c) the Client shall reimburse the Designer on written demand for any costs or losses sustained or incurred by the Designer arising directly or indirectly from the Client Default.

5.9 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.

5.10 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.

6.0 Delivery of Goods and Services.

6.1 Designer will not be held liable for any over-run of works or delays by third party suppliers or tradespeople and sub-contractors.

6.2 We will contact the client one week prior to delivery of furniture and or goods or services and arrange a mutually convenient date for delivery or collection. Every effort will be made to ensure delivery is made on time however under no circumstances will refunds be given if the delay beyond our control is Incurred.

6.3 If the client decides to collect any ordered goods from Designer it will be necessary to sign a collection note and therefore the client will be responsible for the goods from thereafter.

7.0 Third Party Suppliers & Contractors

7.1 The Client will form a direct contractual relationship with Third-Party Suppliers & Contractors and will be responsible for managing these relationships and any financial settlements direct with the Third-Party Suppliers & Contractors.

7.2 If so requested, Designer may coordinate the services and financial settlements with Third-Party Suppliers & Contractors on their behalf, as part of the services undertaken, but the client will remain ultimately responsible for the contractual relationship with the Third-Party Suppliers & Contractors.

7.3 Designer is not responsible for forming any contractual relationship on behalf of the client.

8.0 Provision of FF&E where Interior Designer FF&E applies

8.1 Where the Interior Designer is acting as the Client’s Principal in regard to the supply, procurement, delivery and/or installation of the FF&E then the following shall apply:

8.1.1 estimates – the Interior Designer shall prepare an estimate for the Interior Designer

FF&E 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

8.1.2 effect of estimate – such an estimate will not be an offer capable of acceptance so as to bind the Interior Designer. The estimate will only become binding on the Parties once the Client has stated that it is accepting the estimate and the

Interior Designer has then issued its confirmation of the Client’s acceptance. The Interior Designer reserves the right to withdraw or revise an estimate prior to the Interior Designer’s confirmation of the Client’s acceptance

8.1.3 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 the 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.

8.2 The Interior Designer FF&E shall be of satisfactory quality, match the description and be reasonably fit for any purpose made known to the Interior Designer, and shall be delivered in good order. This obligation does not apply in regard to defects or other problems in regard to Interior Designer FF&E arising from:

8.2.1 fair wear and tear

8.2.14 wilful damage, abnormal storage or working conditions, accident, negligence by the Client or by any third party

8.2.3 failure to operate or use the Interior Designer FF&E in accordance with any instructions

8.2.4 any alteration or repair by the Client or by a third party

8.2.5 any drawing, design or specification provided by the Client.

8.3 Where the Interior Designer FF&E is bespoke or made to the Client’s order the

Interior Designer will be entitled to rely upon the Client’s requirements as communicated to the Interior Designer. The Interior Designer will not be obliged to accept the return of such bespoke Interior Designer FF&E where the Client’s requirements are incorrect, whether in regard to measurements or otherwise.

8.4 The Interior Designer shall use reasonable endeavors 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.

8.5 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.

8.6 Where the Interior Designer is responsible for the installation of Interior Designer FF&E (as opposed to where installation is undertaken by others engaged by the Client), then any such installation shall be carried out in a workmanlike manner using skilled trades people appropriate to each task.

8.7 Risk in Interior Designer FF&E shall pass to the Client upon delivery. Title to

Interior Designer FF&E shall not pass to the Client until the Interior Designer receives payment in full for the Interior Designer FF&E, until such time the Client shall:

8.7.1 store the Interior Designer FF&E separately and so that it remains readily identifiable as the Interior Designer’s property

8.7.2 maintain the Interior Designer FF&E in satisfactory condition.

8.8 If before title passes the Client is in default of its obligations under the Contract, then without limiting any other right or remedy the Interior Designer may require the Client to deliver up all Interior Designer FF&E and, if the Client fails to do so promptly, enter any premises of the Client or of any third party in order to recover the Interior Designer FF&E.

8.9 Any time or date for delivery of goods in the estimate shall be approximate only. The Interior Designer 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.

8.10 The Client shall provide access for delivery of the Interior Designer FF&E at all reasonable times. If the Interior Designer is unable to deliver any Interior Designer FF&E or obtain access to effect delivery, the Interior Designer shall be entitled to suspend or cancel the contract under which the Interior Designer FF&E is to be supplied or that part of such contract which relates to the sale of such Interior Designer FF&E.

8.11 The warranties in this Contract shall be subject to the following:

8.11.1 the Client may reject any Interior Designer FF&E that does not comply with the warranty in clause

8.12 provided that none of the events listed in clause 8.2 apply and that notice of rejection is given to the Interior Designer:

(a) in the case of a defect that is apparent on normal visual inspection, within 5 days of delivery

(b) in the case of a latent defect, within a reasonable time of the latent defect having become apparent

8.12.1 if the Client fails to give notice of rejection in accordance with clause 8.11.1, then the Interior Designer FF&E shall be deemed to have been accepted

8.12.2 the Interior Designer shall not be liable for failure to comply with the warranty set out in clause 8.2 where:

(a) the Client makes any further use of the relevant Interior Designer FF&E after giving notice in accordance with clause 8.11.1

(b) the defect arises because the Client failed to follow instructions as to the storage, commissioning, installation, use and maintenance of the Interior Designer FF&E or, if there are none, good practice regarding the same

(c) the defect arises as a result of the Interior Designer following any drawing, design or specification supplied by the Client

(d) the Client alters or repairs the Interior Designer FF&E without the written consent of the Interior Designer

(e) the defect arises as a result of fair wear and tear, wilful damage, negligence or abnormal storage or working conditions

8.12.3 if the Client rejects the Interior Designer FF&E under this clause 8.11, then the Client shall be entitled to:

(a) require the Interior Designer to repair or replace the rejected Interior Designer FF&E

(b) require the Interior Designer to repay the price of the rejected Interior Designer FF&E

8.12.5 once the Interior Designer has complied with the Client’s request under clause 8.11.4, it shall have no further liability to the Client in respect of the rejected Interior Designer FF&E.

8.13 The Interior Designer 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 referred to in clause 9.1

Installation of Interior Designer FF&E

9.0 Client’s Responsibilities

9.1 The Client shall provide the Interior Designer with access to the Site to carry out and complete the installation of the Interior Designer FF&E.

9.2 The Client shall allow the Interior Designer:

9.2.1 reasonable space to store materials and tools as necessary

9.2.2 use of toilet and washing facilities, heating, water and electricity

9.2.3 to carry out the installation of the Interior Designer FF&E during Working Hours, unless otherwise agreed in writing between the Client and the Interior Designer.

Interior Designer’s Responsibilities

9.3 Without prejudice to clause 9.1, where the Interior Designer is acting as the Client’s Principal in regard to the supply, procurement, delivery and/or installation of the FF&E, the Interior Designer shall:

9.3.1 procure or carry out and complete the installation of the Interior Designer FF&E in good and workmanlike manner by the completion date agreed in writing with the Client

9.3.2 comply with all of the relevant health and safety legislation

9.3.3 leave the Site in a clean and tidy condition and clear away rubbish arising from the installation of the Interior Designer FF&E at the end of each day

9.3.4 warn the Client of any reasonably foreseeable possible dangers arising from the installation of the Interior Designer FF&E.

9.4 In carrying out the installation of Interior Designer FF&E, the Interior Designer shall:

9.4.1 use methods that prevent nuisance, trespass and pollution

9.4.2 ensure that a suitably qualified representative is available during the installation

9.4.3 take all reasonable steps and precautions to ensure that security is maintained on the Site at all times

9.4.4 be solely responsible for carrying out the installation of the Interior Designer FF&E and for the performance of all subcontractors and suppliers.

Carrying out the Works

9.5 If an event occurs which affects or is likely to affect the progress of the installation of the Interior Designer FF&E and/or the price, the Interior Designer shall:

9.5.1 notify the Client on becoming aware of such an event

9.5.2 not be responsible in respect of any defects in, or delays to, the completion of the installation of the Interior Designer FF&E caused by persons other than the Interior Designer’s employees, subcontractors, or suppliers

9.5.3 be entitled to a reasonable extension of time and to pay for any increased costs incurred.

Client’s Liability

9.6 In so far as the event has not been caused by the Interior Designer, or its employees, subcontractors or suppliers, in carrying out the installation of the Interior Designer FF&E, the Client’s liability includes:

9.6.1 damage to existing structures and fixtures

9.6.2 damage to neighboring property caused by the carrying out of the installation of the Interior Designer FF&E.

Interior Designer’s Liability

9.7 In so far as the event has not been caused by the Client, or its employees or agents, in carrying out the installation of the Interior Designer FF&E, the Interior Designer’s liability includes:

9.7.1 loss of or damage to the installation of the Interior Designer FF&E

9.7.2 loss of or damage to the existing structure and contents

9.7.3 death or bodily harm to any person working for the Interior Designer, arising in connection with the installation of the Interior Designer FF&E during the course of their employment

9.7.4 death or bodily harm to a third party caused by the carrying out of the installation of the Interior Designer FF&E.

9.8 The Interior Designer shall maintain employers’ liability insurance and public liability insurance for death or injury to people or damage to property.

9.9 On the request of the Client the Interior Designer shall produce such evidence as may be reasonably required that the action under clause 9.8 has been carried out.

10.0 Provision of FF&E where Client FF&E applies

10.1 Where the Interior Designer is acting as the Client’s Agent in regard to the advice on and/or supply, procurement, delivery and/or installation of the FF&E (i.e. the Interior Designer is not itself undertaking the supply etc. of FF&E) then the following shall apply:

10.1.1 the Interior Designer shall apply the same standard of skill, care and diligence as set out in clause 3.1 in regard to advising upon and acting as the Client’s Agent in regard to Client FF&E, including in regard to (as appropriate) the supply, procurement, delivery and/or installation of the Client FF&E

11.0 Payment & Billing Terms

11.1 The charges for the Services are set out in the Estimate accompanying these terms and conditions or as amended or updated by Designer will and communicated to the Client.

11.2 Payments should be made by bank transfer.

11.3 All cheques should be made payable to Designer or as confirmed by Designer

11.4 NON-REFUNDABLE deposit of 50% to Designer is required upon placement of order by the client. (see 11.2 for payment methods)

11.5 Interest at the rate of 5% per month shall be payable on all accounts not settled by their due date.

11.6 The interest will be added monthly thereafter from the due date until settlement is received.

11.7 Should Designer have to instruct a debt recovery agency, or instigate legal proceedings, the Client will be liable for any costs so incurred.

11.8 Designer will inform the client of any likely third-party supplier’s or contractors price increase on all orders prior to agreement of contract.

11.9 The Designer reserve the right to increase the Charges to reflect any additional costs or expenses from a Supplier, as well as to reflect any reasonable increases in costs incurred by the Designer.

11.10 All amounts payable by the Client under this Contract are exclusive of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by the Designer to the Client, the Client shall, on receipt of a valid VAT invoice from the Designer, pay to the Designer such additional amounts in respect of VAT as are chargeable on the supply of the Goods and/or Services.

11.11 All amounts due under this Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

11.12 Where without adequate notice, the Designer are prevented for any reason from delivering and/or installing the Design Proposal when arranged, scheduled and/or planned to do so, the Designer shall reserve the right to levy an additional administration charge at a rate of £1145.00 + VAT, per week for each week that the Designer are delayed, disrupted or prolonged, together with reimbursement for any associated additional charges and/or costs incurred by the Designer as a result.

11.11 In the event that the performance of the Design Proposal is delayed, disrupted or prolonged for reasons of Force Majeure, the Designer reserve the right to request payment, where due, of the total outstanding Charges due and no party shall be held liable or responsible in the event of Force Majeure.

1.12 The Client must promptly notify the Designer in writing of any dispute regarding payments and give the Designer sufficient details to be able to respond.

12.0 Cancellation and Termination Policy

12.1 The Client has the right to cancel this contract (the “Contract”) at any time up to the end of seven working days after the day on which the Contract is concluded, subject to the following provisions. A working day is any day other than weekends and bank or other public holidays.

12.2 The Client does not have the right to cancel the Contract if the supply of the Services begins with the Client’s agreement before the end of the seven working day cancellation period.

12.3 To exercise the right of cancellation set out in clause 12.1, the Client must give written notice to Designer by hand or post, or email, at Ann Cope Interior Design address, or email address as set out in clause 12.2 below cannot be held responsible for any delay in completion.

12.4 Once the Client has notified Designer that the Client is cancelling the Contract, Designer will, within 30 days, refund the Client for the Services.

12.5 Following the ‘seven day’ period set out at clause 12.1, the client has a right to terminate the Contract at any time by giving notice in writing to Designer The Client will be liable to pay Designer for the Services provided to the date of termination (including, but not limited to, Services already performed, goods and materials supplied or ordered on the Client’s behalf, any services that may incur cancellation fees and any costs incurred by the Designer Consultants).

12.6 A delay by either party in acting on a breach of this Contract will not be regarded as a waiver of the breach. If either party waives a breach of the Contract by the other, the waiver is limited to the particular breach.

12.7 Termination of the Contract will not affect either party’s outstanding rights or duties, including Designer right to recover any money owing to it under these terms and conditions.

13.0 Liability

13.1 Designer shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any information or instructions supplied by the Client, which is or are incomplete, incorrect or inaccurate.

13.2 Designer shall not be liable to the Client for any unforeseeable loss or damages arising from the provision (or non-provision) of the Services, including loss of profit or consequential loss or damage.

13.3 Neither the Designer nor the client shall be liable for any failure to perform its duties under this Contract due to circumstances beyond its control, including without limitation flood, fire or other adverse weather conditions.

13.4 To enable Designer to deal with any complaint that may arise relating to the Services, the Client must provide full details of any complaint within 7 days of the supply of the relevant Services.

13.5 Nothing in these terms and conditions affects any liability for death or personal injury caused by Designer negligence or for fraudulent misrepresentation, or the Client’s statutory rights as a consumer.

14.0 Data protection

14.1 Designer will only use any personal information provided by the Client for the purpose of providing the Services, or for informing the Client of the availability of similar services, unless the Client agrees otherwise.

14.2 The Client can correct any information, or ask for information about the Client to be deleted, by giving written notice to Designer at the following address: to Ann Cope Interior Design Backwater Lodge 140b Firs Chase West Mersea Essex CO5 8NG or by email: ann@anncopeinteriordesign.co.uk

15.0 Copyright

15.1 The copyright, design right and all other intellectual property rights in any materials and other documents or items prepared or produced for the Client by or on behalf of Designer in connection with the Services shall belong to Designer absolutely and any such materials, documents or items shall be or remain the sole property of the Designer.

15.2 Designer shall be permitted to use photographs of the Client’s property which demonstrate the Services provided by Designer for its own marketing purposes.

15.3 The Client shall be entitled to use any such materials, documents or other items as are referred to in paragraph 10.1 in connection with the Services but shall not be entitled to copy any such items or use them for any commercial purpose.

16.0 General

16.1 Designer may assign or sub- contract the Contract if this is necessary for operational reasons or in connection with a business transfer or reorganisation. Otherwise, the Contract is not transferable by either party.

16.2 Nothing in this Contract gives any right to any third party to enforce any provision under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

16.3 These terms and conditions and the Contract will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the Contract.

16.4 Confidentiality.

(a) Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, or clients of the other party, except as permitted by Clause 10.14(b).

(b) Each party may disclose the other party’s confidential information:

(i) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this Clause; and

(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

(c) Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.

16.5 Entire agreement.

(a) The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, implied terms, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

(b) Each party acknowledges that in entering into the Contract it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

16.6 Variation.

No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

16.7 Waiver.

A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.

16.8 Severance.

If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

16.9 Notices.

(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or sent by email to the normal email address.

(b) Any notice or communication shall be deemed to have been received:

(i) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; and

(ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service; and

(iii) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this Clause, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

(c) This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.

16.10 Third party rights:

Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

16.11 Jurisdiction.

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

17.0 Data Protection

17.1 Designer protects client’s personal data. No information will ever be forwarded onto third-parties, suppliers and subcontractors unless agreed with the client.

17.2 Any personal data provided by the client to Designer will be stored securely with access only for staff members.

17.3 Data will never be visible to other clients of Designer.

18.0 LIMITATION OF LIABILITY: THE CLIENT’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

18.1 The Designer have obtained insurance cover in respect of its own legal liability for individual claims not exceeding £50,000 per claim. The limits and exclusions in this clause reflect the insurance cover the Designer has been able to arrange, and the Client is responsible for making its own arrangements for the insurance of any excess loss.

18.2 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation; and

(c) breach of the terms implied by section 14 of the Supply of Goods and Goods and Services Act 19814 (title and quiet possession).

18.3 Subject to Clause 18.2, the Designer total liability to the Client shall not exceed the total Charges paid and received by the Designer. The Designer total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract. If the Designer are liable to the Client (whether in contract, tort, statutory duty or otherwise), the Designer will only be liable for any reasonable and foreseeable and fully mitigated damage, loss or expense incurred by the Client, caused directly by a breach of the Designer legal obligations. The Designer shall not be liable to the Client under this Contract except as set out herein, howsoever arising, and whether in contract, tort, statutory duty or otherwise and all consequential loss is excluded including but not limited to (i) loss of profits (ii) loss of sales or business (iii) loss of agreements or contracts (iv) loss of anticipated savings (v) loss of use or corruption of software, data or information (vi) loss of or damage to goodwill (vii) indirect or consequential loss.

18.4 Unless the Client notifies the Designer that it intends to make a claim in respect of an event within the notice period, the Designer shall have no liability for that event. The notice period for an event shall start on the day on which the Client became, or ought reasonably to have become, aware of the event having occurred and shall expire two months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

18.5 This Clause 18 shall survive termination of the Contract.