This contract was produced in association with Lam Designs.  If you wish to use it or something similar, please obtain permission for either myself or Lam designs before doing so.

 

 

Kate Dicey: Costume & Dress Maker

(I usually insert my address, phone number, email address and web address in this space)

 

Terms and Conditions of Business for personal service

Kate Dicey, Dress and Costume Maker provides a service making custom garments to your instructions. You are contracting with us for our services.

The initial consultation is free of charge and there is no obligation on you to commission any work.

Commissioning work:

1.      I will have no obligation to commence work on any item until I receive from you a signed copy of this document together with the requested deposit payment and any materials that you are providing.

2.      Payment of the deposit will confirm your acceptance of these Terms and Conditions.

Quotations:

1.      Information made available to me at the time of quotation is the sole basis for the creation of the quotations and the quotations are subject to change if there are any errors or omissions in this information.

2.      Later changes to your instructions will require extra work and so incur additional charges.  Such additional work (and any other work which you instruct me to carry out other than that specified in this contract) will be charged at a rate of 30 per hour.

Deadlines:

1.      I will use my best endeavours to meet deadlines if you tell me about them at the initial consultation and provided you co-operate fully in terms of making decisions quickly and making yourself available for fittings.   However, unless it is stated explicitly in this contract, time shall not be of the essence in performance.

2.      If you have to cancel a fitting appointment, scheduling a replacement may be affected by other work commitments, and will negate any deadline.

3.      I shall not be liable for any default due to any act of God or other event beyond our reasonable control.

4.      Acceptance of urgent work is at my discretion, and I will do it on a best endeavours basis and the work will attract a premium charge.

Late cancellation fees:

Late cancellation of an order will incur an appropriate fee at the rate specified above for time spent together with charges for any patterns, fabrics, notions, or other items purchased on behalf of the customer, and any stock items used, at cost.  This includes time spent on historical or fabric research.  Cancellations made after the fashion fabric has been cut to customer specifications will incur the full contract price for the work cancelled (and we agree that in the event of such a cancellation the full contract price shall be deemed to be the quantum of damages).  All items purchased on behalf of the customer will be returned to the customer on payment of the cancellation fee, if the customer so wishes.

Measurements:

1.      I will take a complete set of measurements at the time of order and will make the garment(s) according to these measurements.  I do not make precision fit garments to measurements taken by any other person.  It will therefore be necessary for ALL persons being outfitted to attend at the time of order, or within 14 days.

2.      Where a weight loss plan, pregnancy, or illness/recovery is a factor, please let me know so that I may plan your garment(s) appropriately.

3.      If you need me to take measurements for precision fit garments elsewhere, there will be an additional charge for travel, time, and incidental expenses.

Appointments:

I see clients by appointment only.

1.      You must bring to any fitting appointments the underwear and shoes that you intend to wear with the completed garment.  The fitting may not proceed otherwise, resulting in extra charges at the rate specified above.

2.      Appointments last up to an hour from the appointment time. Longer appointments may apply for the fitting of multiple garment orders. Most fittings take under 30 minutes.

3.      Please telephone at least 24 hours in advance to cancel appointments; missed or late appointments will incur extra charges at the rate specified above.

Patterns & materials:

1.      Where you supply patterns or materials, it is your responsibility to ensure that they are fit for the intended purpose.  I reserve the right to refuse to work with unsuitable materials.

2.      Patterns provided by you should correspond to actual measurements, not ready to wear sizes.   If you supply the wrong pattern size, extra costs will apply to cover redrafting the pattern or purchasing the correct sized pattern.  A set of measurements and a chart can be provided at the initial consultation, for a small fee.  This will be refunded should you commission the garment.

3.      You should buy no less than the quantity of fabric specified on the pattern.  Inadequate yardage will prejudice my ability to complete the garments as specified by the pattern.  I will return any large pieces of excess material to you with your completed garment(s).

Fitting, collection & payment:

1.      Please respond to a request for fitting or collection within one week; I will start to charge you for storage at 3 per week per garment after two weeks, as space is at a premium.

2.      Payment in full is required before the garment(s) may be collected or despatched.

3.      Part payment may be required at fitting stage if an order is large, there is to be deferred completion or we have difficulty contacting you for a fitting.  Large in this context means the contract is of a value of 800 or more.

4.      Payment for fabric ordered on your behalf must be made upon placing your order (in addition to the deposit).

5.      For orders of 800 or more I may ask for payment by instalments. I will require the final instalment before collection or despatch of the garment(s).  Instalment dates will be included in the contract under Details of any special instructions or conditions.

6.      Payment is accepted by one or a combination of the following means:

Cash

Cheque with guarantee card

 

Upon collection or delivery, you should confirm that the garment(s) are as ordered and sign the certificate of acceptance. If for any reason you are unable to sign the certificate on delivery, you must notify me within 3 days of delivery of any alleged defect or failure to comply with instructions, or it shall be deemed that the garments have been made in accordance with your instructions, are free from any defect and that you have accepted them.   Where payment is made upon collection it shall be deemed that the garments have been made in accordance with your instructions, are free from any defect and that you have accepted them.  All other warranties, whether express or implied, by statute or otherwise are excluded to the fullest extent permitted by law.

In the event of any breach of contract, your remedies shall be limited to damages and the quantum of damages for any breach shall be limited to the price of the garment(s) made by me and, if not included in the price, the cost of reasonably equivalent materials (excluding delivery charges).

Such Contract between us shall be treated as though it were executed and performed in the United Kingdom and shall be governed by and construed in accordance with the laws of the United Kingdom. Any cause of action of the Customer with respect to services ordered from Kate Dicey, Dress and Costume Maker must be instituted within six (6) months after any purchase or be forever waived and barred.  All actions shall be subject to the limitations set forth in the terms and conditions as provided in this document. The language used herein shall be interpreted as to its fair meaning and not strictly for or against any party.  All legal proceedings arising out of or in connection with this Contract shall be brought solely in the United Kingdom and the Customer expressly submits to the jurisdiction of said courts and the Customer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with Kate Dicey, Dress and Costume Maker is in conflict or inconsistent with this Contract, this Contract shall take precedence and any representations which may have been made explicitly do not form a part of the contract nor have they induced you to enter into it.  Failure of Kate Dicey, Dress and Costume Maker to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision. Nothing in this contract should be deemed to remove any of your statutory rights as a consumer.


 

Details of garment(s) to be included in this contract:

(These may be appended on a separate sheet, where appropriate.)

 

Details of any special instructions or conditions:

(These may be appended on a separate sheet, where appropriate.)

 

Date of contract:

 

Date of completion:

 

Agreed deposit

 

Agreed price for this commission:

 

Signature of commissioning agent:

 

Signature of Contractor: