TERMS AND CONDITIONS OF TRADING
To protect your own interests please read the conditions carefully. If you are uncertain as to your rights under them or you want explanation about them, please write or telephone us at the address and telephone number shown on the first page of this letter.
- Within these terms and conditions, The company is called 'the company', and the person signing as purchaser together with any person, company, organisation or other body with or on behalf of whom such signature is given is referred to as 'the customer'. The person carrying out the installation is referred to as ‘the Fitter’. The Kitchen & Makeover Company does not employ fitters directly, they have a list of installers known to them, and will pass on the Customers’ details to the fitter whom they deem most suitable for the work required, and from that point forward the fitter and customer deal directly with one another in regards to the installation as a separate contract. There is no obligation on the part of the Customer to use the fitter suggested by the Company, and it should be noted that the contract with the Company is for supply only.
- The type, specification and arrangement of each and every item of material used in the product and installation shall be as determined by the company. If, for any reason beyond the company’s reasonable control, they are unable to supply a particular item of furniture or a particular appliance, the company will notify the Customer. With the agreement of the Customer, the company will replace it with an item of superior standard and value
- Natural wood is used in some of our kitchens and bedrooms. As a natural material wood reflects the endless variety of grains and textures found in nature and such variances can be expected. All timber products will mellow under exposure to natural light over a period of time. PVC laminates and melamine finishes are also subject to slight colour changes over the years. Unless specified, any reference made to wood or timber whether solid or veneered refers to door and drawerfronts only.
- Solid wood and granite worksurfaces are natural products, and colours, patterns and grains may vary slightly from the samples in the showroom. These variances are acceptable tolerances and cannot be used to reject the said surface after supply to the customer.
- Laminate worktops with a textured finish give excellent wear and scratch resistance, also colour fastness and heat resistance up to 180 degrees centigrade. The company cannot be responsible for burn marks caused by items in excess of this temperature. Worktop mitred butt joints are sealed as far as possible, but should not be subjected to excessive heat or water, as this could cause swelling of the joint. We recommend the use of a chopping board when cutting.
- The Company will do all it reasonably can to meet dates given for delivery. In the case of unforeseen circumstances, beyond the reasonable control of the company, the company will contact the Customer and agree an alternative date.
- The Company is not responsible for the condition or suitability of the customer's premises for the purpose of the installation of the furniture. It is the customer's responsibility at all times to determine that the structure of the premises, also the supply of mains gas, electric and water services to the premises are suitable for the intended installation, and comply with current legislation where necessary.
- The Company takes all reasonable care to foresee any remedial work required when they make their original visit to measure up, and based upon this a cost allowance is presented to the customer within the overview sheet(s) prepared by the Company. The Company will take into account everything which is brought to their attention regarding the installation, when preparing their costings, but any additional work required by the Customer eg. Electrical work, needs to be discussed between the Customer and the fitter. Unless otherwise detailed specifically in writing, the Company will suggest an installer to the customer and pass on the customer’s details, but the actual contract for the installation is directly between the Customer and either the suggested fitter or the customer’s own fitter. Should it become apparent either at the time of the detailed site survey undertaken by the fitter or during installation that extra work is required either to facilitate the installation or to comply with current legislation then the fitter will discuss this with the customer and agree further action and if necessary any additional costs to be incurred.
The customer can elect to use their own contractors to do this remedial work, but should the customer request that the work is not carried out, against advice from the fitter, then a disclaimer must be signed, waiving the fitter and the Company of any responsibility. Should this course of action not conform to current legislation (e.g. in the case of gas or electrical work required) then the fitter will not be able to continue the installation until a registered contractor has completed the work.
- The customer agrees to provide free use of any necessary services, already available at the property, for the purposes of carrying out the installation.
- Unless detailed in writing, the payment of a deposit by the customer constitutes a contract for the Company to supply the furniture and/or makeover components together with appliances, flooring etc. as detailed within the overview sheet prepared by the Company. The exact amount to be agreed in writing between the company and the customer, and until this deposit is paid the orders will not be released, nor will any plans or measurements be given to the customer unless agreed in writing by the company. The customer may cancel this agreement without penalty within seven days following payment of the deposit, which constitutes an agreement to purchase from the company. If the customer requests cancellation at a later date then, unless the company are in breach of contract, they have the right to retain all or part of the deposit as a contribution towards any losses or costs suffered as a result of the cancellation.
- Payment of the balance due must be paid seven days before delivery of the furniture and/or appliances, unless a later date is agreed in writing between the customer and the company. Such payment may be made by means of cash, building society draft cheque, a bank draft, cheque or credit card.
Failure to comply with the payment of the balance on the due date will invalidate the guarantee and entitle the company to charge interest on the balance outstanding at the rate of 3% compound interest above Bank of England base rate.
The furniture and appliances and all parts therein shall remain the sole property of the company unless and until the full purchase price has been paid.
- This contract is accepted by the company subject to the fitter's confirmatory report and final confirmatory costing. The company reserves the right to withdraw from this contract if after survey and/or re-costing the installation, whether for commercial or structural reasons or otherwise, the installation shall be deemed by the company to be impracticable. In instances such as this, the company will provide a written explanation of the adverse conditions encountered and the Customer will be given the opportunity to remedy the situation. If applicable, in the case of the customers using their own installation team, if a signed letter is received accepting the issues have been drawn to the customer’s attention and absolving the company of any on-going issues, the Company will continue with the contract on this basis.
- Should the customer elect to arrange the fitting of their furniture and/or appliances themselves, the company can take no responsibility for any shortages on the delivery unless this is pointed out in writing at the time of the delivery on the delivery note, together with any visible damage. Any goods signed for as unchecked must be checked as soon as possible by the customer and/or their representative and any damages notified to the company as soon as possible and within 5 days of receipt of the delivery. If any shortages or damages are not brought to the attention of the company within this period, no responsibility will be accepted, unless agreed specifically in writing by the company that a longer period of time is allowed.
- All contracts are for supply only, it is the customer's responsibility to confirm that all details pertaining to sizes are correct and if they are not qualified to do this then their chosen fitters must confirm on their behalf. In the case of the customers using the fitter suggested by the Company, the fitter will liaise directly with the Company and no further action will be required by the customer. No responsibility can be accepted if either the Customer or their fitter has not liaised with the Company.
- The customer will provide access to the premises at which the furniture and/or makeover is to be installed at reasonable times for the purposes of carrying out the installation. In the event of the fitter being denied access at any time, this will invalidate any agreed time schedules and the company reserves the right to charge on to the customer a reasonable administration cost which fairly reflects any costs incurred by them.
- In the event of the customer using their own fitters, it is the customer's responsibility to confirm that whoever carries out the installation is qualified to do so. The company can offer advice pertaining to all aspects of installation, but the final responsibility lies with the customer and their fitters to ensure that the installation is completed satisfactorily. The company can accept no responsibility if the installation is incorrectly completed. For contracts where the customer has originally elected not to use the company’s suggested fitter for the installation, but subsequently changes their mind after they have started the installation at any stage, the recommended fitter will reserve the right to either re-cost the fitting charge taking into account any work which has already been done or to decline to complete the installation if they feel that the work already carried out is not of a sufficiently high standard for the finished installation to be completely satisfactory.
- This agreement does not affect your statutory rights as a consumer. The goods we supply must match the description we gave them, be of satisfactory quality and be fit for their purpose. Work should be carried out to a reasonable standard. You should contact your local authority Trading Standards Service or Citizens Advice Bureau if you need any more information about your statutory rights.