Terms + Conditions
- Terms of Contract a) All the terms of the contract between the Company and the Customer are contained in this document. No variation to the printed terms of the contract shall bind either party unless the variation is made in writing and signed by the party to be bound. If the Company is the part to be bound then such variation must be signed by a partner of the Company.
- Representation and Warrenties No representations or warranties are made or given by the Company save as are set out or referred to in the Contract. No person other than a partner of the Company has the authority to make any other representations, warranties or undertakings and the Company will not be bound by the same unless expressly approved, in writing, by a partner of the Company.
- Access The Customer shall give access to the premises to the Company, its employees and the workmen at all reasonable times by prior appointment so that the Company may complete the installation with this Contract.
- Completion Date The Company shall use its reasonable endeavors to complete the work specified within the period quoted in the Contract (such period to commence from the date upon which the Company shall notify the Customer in writing that all details of this order have been settled) or, if no period is quoted, is exceeded in a reasonable time. Provided that the Company shall not be liable for any delay in the completion of the work to the extent that it arises from causes beyond the reasonable control of the Company including shortage of materials, strikes, lock-outs and cessation of work by workmen.
- Payment a) The balance due on completion referred to overleaf shall be paid to the Company prior to supply being completed. Payment may be made either by cash or by cheque payable to Kitchenhut Distribution Ltd and crossed “A/c Payee only” and handed to the Company’s accredited agent or representative who shall give the Customer a copy of the Contract with the payment indicated and receipted. Where the Customer is to obtain a private loan, e.g. Building Society further advance or bank loan, he should make his own arrangement for the balance to be paid on the due date.
- Property All units, furniture and appliances supplied remain the sole property of the Company until the balance is paid and shall be the Customer’s risk from delivery.
- Specification a) Materials used in and the specification of the installation shall be determined by the Company’s technical surveyors subject to the provisions of the order. All specifications, figures, sizes and other descriptions are approximations only and should not be relied on as totally accurate. Sales are made on a direct sales basis by sample. The product arrangement shall, in the absence of any special arrangement detailed in the Contract, be determined by the Company. Pursuant to the Company policy of continuous improvements to its products it reserves the right to make any necessary modifications and the Customer shall accept the same.
- Guarantee a) The Company undertakes to repair or replace free of charge any product manufactured by Kitchenhut Distribution Ltd which proves defective as a result of faulty materials or workmanship within 2 years from the date of the commencement of the installation and the Company’s formal guarantee will be sent to the Customer upon installation. This condition does not affect the Customer’s statutory rights.
- Liability for Damage The Company will not be responsible for any damage caused to plastering, tiling or decorations save where such damage has been caused by the negligence of the Company, its employees or agents. The Company accepts no responsibility for any damage except for personal injury or death caused by the negligence of the Company, its servants or agents resulting from structural or other defects in the property at which the installation is carried out. The Company will not undertake and it is no part of the Company’s obligations under this Contract to complete any plastering, tiling or decoration on behalf of the Customer.
- Cancellation a) The Company may cancel the Contract and all the money paid by the Customer will be refunded upon receipt of a technical survey report unsatisfactory to the Company or financial report unsatisfactory to the Company or any other reason a partner sees fit.
- Concessions Any concessions, latitude or waiver allowed by the Company at anytime shall be without prejudice to its right under this Contract and shall not prevent the Company subsequently exercising such rights.
- Statutory Rights Statutory rights of the Company and of the Customer are not affected by the terms and conditions of this Contract.
- If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
- The Contract shall be governed by the laws of England to avoid any doubt should there be a legal argument.
b) Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without liability on the part to the Company.
b) When payment is not made on the due date in accordance with condition 5a above, the Company shall be entitled to charge interest on the outstanding amount at a rate of 2.2% per month from the due date until the date of the actual payment.
b) Cut out and use infill’s where required.
c) The Company reserves the right to make any changes in the specification in relation to any materials which are required to conform with any applicable statutory or EC requirements or which do not materially affect their quality or performance.
b) The installation of kitchens will be guaranteed for 12 months from the date of the commencement of installation and the Company’s formal guarantee will be sent to the Customer upon installation. This condition does not affect the Customer’s statutory rights.
c) Electrical or gas appliances installed under the Contract will be subjected to the respective manufacturer’s own after sales service and guarantee.
d) Subject to any responsibilities of the Company towards the Customer pursuant to the Customer Protection Act 1987. The Company shall not be liable for consequential loss of any nature whatsoever (including loss of earnings) arising from any faulty material or workmanship in the product, save for the death or personal injury relating from negligence.
b) No order which has been accepted by the Company may be cancelled by the Customer except with the agreement in writing of a partner of the Company and on the terms that the Customer shall indemnify the Company in full against all loss, including loss of profit costs (including the cost of labour and materials used), damages, charges and expenses incurred by the Company as a result of cancellation.