Terms & Conditions
PAYMENT TERMS
Agreed payment terms cannot be changed after your order has been placed, agreed and signed.
If you fail to comply with these terms, we are within our rights to cease ANY work until the relevant payment has been made.
Supply and Install:
10% non refundable deposit is to be paid upon agreement of the works. This secures your order and allows you access to drawings and future consultations with our team.
75% ordering payment to allow us to place an order and book sub contractors (i.e - glass and worktops) upon which a start date will be given.
10% fitting fee to be paid on the day of worktop installation (this applies to either stone or laminate worktops).
5% retention fee to be paid upon satisfactory completion. Title to the goods shall remain vested in the Company and shall not pass to the customer until the price for the goods has been paid in FULL.
Supply Only:
10% non refundable deposit is to be paid upon agreement of the works. This secures your order and allows you access to drawings and future consultations with our team.
90% ordering payment to allow us to place an order.Title to the goods shall remain vested in the Company and shall not pass to the customer until the price for the goods has been paid in FULL.
Install Only:
75% main payment to allow us to start the works and order the necessary materials we will need to carry out the works.
25% retention fee to be paid upon satisfactory completion. Title to the goods shall remain vested in the Company and shall not pass to the customer until the price for the goods has been paid in FULL.
DELIVERY
If we are not in attendance on site, then someone will be required to sign for and carefully check the goods.
All goods must be inspected for damage or shortfall on delivery in the presence of the delivery driver. Any loss or damage must be clearly written on the delivery note. No claims for damage can be made after this. Goods will not be left without a valid signature from the Customer or a responsible person elected by the Customer who must be 18 or over.
If a prearranged delivery has been organised with the client and is unable to be delivered, this may result in a redelivery charge when applicable.
Namely the Company reserve the right to charge the Customer for the cost of other re-deliveries which we were unable to make due to the inability to deliver.
Where goods are delivered by courier it is essential the goods are unwrapped and checked for damage. If the goods are signed for in good condition, then the Company cannot be held liable for any damage and/or subsequent costs.
The Company always makes every effort to deliver goods within the delivery option requested at the time the order was placed. However, we cannot guarantee this, and we will not accept any liability if your order is delivered outside any previously agreed time or date.
If there is any damage during delivery, we will endeavour to replace or repair the items as quickly as possible. However, we are not liable for any further costs you may have to incur.
Should the client cancel a previously ordered product then (if it is an off the shelf product and has been delivered) it must be sent back to us at the clients' expense, and it must arrive back in a good and saleable condition (complete with original packaging intact).
These rules do NOT apply where goods are made to the specific requirements of the client. The company does not hold stock of ANY finished items, which is why the lead times vary between six and twelve weeks depending on the size, complexity and order type. Therefore, each and every item manufactured by the Company is bespoke and made to the client’s specifications, regardless of whether the sizes and colours are standard or not.
In order to meet delivery times, work starts immediately the contract has been signed. This relates to actual manufacture, CAD works, design elements, optimisation, purchasing and planning.
Consequently, there is therefore NO right of cancellation for any orders of kitchens, doors, worktops or any other items (other than off the shelf as previously mentioned).
RETENTION OF TITLE
Title to the goods shall remain vested in the Company and shall not pass to the customer until the price for the goods has been paid in full and the Company’s obligations have been fully carried out.
All products required for the completion of the works are to be paid in full prior to order of the said products.
Until full payment of the goods (namely the title of the goods) has been made, The Company have the authority to retake, or otherwise deal with and/or dispose of all or any part of the goods, including entering onto private land and physically retaking and removing, even if fitted the goods doing as little damage as possible but not to be liable for any damage caused.
MANUFACTURE
Goods are prepared for the Customer according to our workshop schedule. If the Customer delays delivery or collection after the worktops have been made, storage of the goods is entirely at the Customers' risk. The Company will not be liable for any damage no matter how caused. The Company will endeavour to store the items carefully, however the Customer agrees that timber, as a natural product, is subject to movement and may move during the period of storage. The Customer expressly agrees that The Company is not liable for any such movement, as we do not have the correct environmental storage to prevent such movement.
Goods are subject to availability. If any items of your order are out of stock or the material to make them are not available, we will advise you immediately of the expected delay in delivery. We reserve the right to substitute out of stock items at our discretion but at no additional cost to the customer.
All timber reacts differently when cut. When undertaking work, the Customer accepts that unforeseen variations in the timber may result in minor breakouts or machine marks. In order to minimize any possible effects of this, The Company may, at its discretion, chose to modify or amend any cut-outs or sizes as it sees fit to best deal with the situation. Further, where necessary, The Company may use filler in order to repair such damage. The Customer accepts that it is these variations in density and hardness of timber are a natural part of the product, and not the fault of The Company. Naturally, The Company warrant that it takes all reasonable steps to avoid damage of this, or any other nature. In certain circumstances, flaws and faults within the timber may be exposed during the manufacturing process. The Customer accepts this is a natural feature of the timber, and not the fault of The Company. The Company cannot be liable for any defects exposed in this way as timber is a natural product. During the painting process it is possible that the woodgrain beneath can show through, this is to be expected and the company carry no responsibility or liability.
The statutory right of cancellation does not apply to orders which are made to measure or in any way cut or altered to your requirements.
If custom or bespoke orders are faulty, the Company reserve the right to take corrective action, which may involve the return of the faulty item to our workshops for repair. We may, at our discretion, replace the item.
We colour match our paint to any colour of your choice. Whilst every effort is made to get a very good match, slight variations in sheen and material may result in slight visible variation of colour.
DAMAGE
No claims for damage/discrepancies can be made by the Customer after installation and subsequent signed installation checklist.
The company will not entertain any claims for damages/discrepancies once the Customer has performed any work on the worktops, including cutting, shaping, finishing, oiling and/or daily use.
Any use of the worktops AND kitchen/utility constitutes immediate acceptance of the works.
There may be occasions where the worktops require heavy sanding by the Company in order to present the best aspect of the timber. This means in some circumstance’s worktops may be less than the advertised thickness.
Instances in which any damage or loss has occurred the customer is under a duty to mitigate their loss as far as reasonably possible. The customer must cite exactly what the problem is and give The Company the unfettered right to review and rectify the matter. The customer also accepts that any liability for damage does not extend beyond the repair/ replacement of the particular damaged product and anything immediately adjacent to it in so far as it is reasonable.
Under no circumstances is the customer to use the kitchen/utility during the installation process as this is deemed a construction site and safety remains paramount during these times until such that installation is complete.
TIMBER AS A NATURAL PRODUCT
Wood is a natural product and has all manner of colour variations, and whilst we go to great lengths to colour match as much as possible, we cannot guarantee any replication of colour from piece to piece.
However as wood is a natural product the removal of every single flaw would render the timber characterless. Accordingly, the Customer accepts there may be some flaws, such as small knots, small shakes (slight cracks which are a natural element of the timber), and other minor flaws which the Company consider will not impair the performance of the worktop, in the top surface of the worktop. To make the best use of the timber, there may be larger flaws on the underside of the worktop, including manufacturing defects. These do not constitute a faulty product.
Whilst the Company goes to great lengths to ensure the timber has been correctly dried, movement in solid timber cannot be prevented. After fitting, small cracks may appear a few millimetres in width. This is entirely normal and is regarded as part of the natural beauty of the timber. Dimensional changes may well occur, particularly across the grain, as the material adapts to its environment. This is entirely normal and is simply a direct result of the nature of timber over which we have no control.
These cracks can be easily filled with a special coloured wax filler. These cracks and movements do not constitute any fault with the timber or worktop construction; for the sake of clarity, timber is a natural product and will move/change over time and the Customer expressly understands and accepts this.
Timber can expand up to 1%. This means that for a full height end panel in a kitchen, this can expand between 6-10mm. This movement, caused heat and humidity throughout the year, can be incredibly detrimental to the quality and aesthetics for any type of kitchen. This would lead to doors catching and the kitchen would be out of alignment and so on. Due to these pressing concerns, we manufacture our doors and cabinetry for strength, durability and longevity. We do this in a variety of ways to overcome these problems and ensure your investment in our service is future proof.
STOCK PRODUCT ITEMS
The appliances that have been selected for your kitchen have been agreed with you prior to order.
2. The warrant and/or guarantee for the product is with the manufacturer of the product and not us, if in the event of an issue with the product you will need to contact the manufacturer accordingly.
They have expert knowledge of their products and warranties and assuming you have completed the relevant warranty and/or guarantee forms then they should be aware of you and your product.
This does not alter our contractual liability to you, but we believe this is the most efficient manor to address product issues should they arise.
KITCHEN INSTALLATION
We will require unimpeded access to the point of works at all times via a previously agreed route.
The customer will give access to the premises to any member of the company, its agents, contractors and workmen at all reasonable times so as not to impair the company’s duty to complete the installation/supply.
The company will make good any damaged during the installation of the kitchen. However, we do not undertake to replace or repair specialist finishes such as artex, wallpaper, paint work etc.
The company will not accept any damage made to the work area, access areas and walls where there is little or no protection provided for by the client. The client undertakes the responsibility to protect their own flooring and walls to gain access to the work area.
It is the clients own responsibility to remove any goods that may be knocked over or damaged (i.e, ornaments, photo frames) and therefore the company accepts no liability if any item in the work area or walk way becomes dislodged/damaged.
It is imperative that the customer will move any of the goods that they wish to keep in a safe place, not impeding the access to the work are or the work area itself.
Upon anything moved at clients request we accept absolutely NO liability for ANY damage that may have been caused or any alterations to the function of goods whatsoever or for any surrounding area during the move.
It is the clients responsibility to ensure all services in the area are adequate for the proposed design (i.e suitable water and energy supply).
Prior to the works starting, we have to make fair assumptions that all the services within the work area are suitable for the proposed design and are within a suitable proximity, unless otherwise indicated within our quotation.
Minor damage may occur to decor, plaster and tiling during the installation services but you agree that we will not be responsible for redecorating or making good any damage unless it is as a result of our negligence rather than an unavoidable consequence of having the Products fitted.
Removal or safe keeping of any personal belongings in the premises is of the customers own responsibility.
We endeavor to minimise the amount of dust and debris created during our works. However, dust etc can migrate to other parts of your property of which we accept no responsibility.
A suitable toilet facility is to be provided by the client for the use of our site operatives.
Since the area of works is for all intents and purposes a construction site, all minors and animals etc. should not be present at any given time. Furthermore, we accept no responsibility and/or liability of any injury sustained from our works both during and out of work hours, as health and safety compliance is applicable at all times.
Upon completion of the works it is imperative that the client check sheet is signed off and agreed by both parties.
We will endeavor to complete the installation services as soon as possible but time for completion is not of the essence of this Contract and we will not be liable for any reasonable delays.
If during the installation services, it appears that the walls are incapable of holding the Products or the utility connections are unsafe, faulty, flawed or of poor quality, we reserve the right to suspend the installation service until the necessary remedial works have been completed. This does not affect our right to take the full payment for the Products and installation services in line with our terms & conditions.
We shall not be responsible for or liable for any damage, loss or expense caused due the poor quality of or fault with any of the walls or utility connections.
We rely upon our suppliers and contractors to do the best to keep to the timescale we agree with you. Despite our best efforts we cannot absolutely guarantee meeting specific dates as timescales can slip due to circumstances beyond our reasonable control. Should this happen we will keep you fully informed.
VARIATION
The Company reserves the right to:
1. (a) Alter these Terms and Conditions upon giving you advance notice.
2. (b) Decline service to any individual Customer. The above Terms and Conditions shall not affect your statutory rights as a consumer. The contract between us shall in all respects be governed by and construed and interpreted in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
YOUR RESPONSIBILITIES
In respect of installation you are responsible for:
ensuring that all measurements taken by you are correct and accurate;
obtaining all planning permission and building regulations consents;
ensuring that the Fitter has clear, safe and uninterrupted access to the delivery address and the area where the installation services are to be carried out;
ensuring that all services which may affect or be affected by installation of the Products are disconnected;
ensuring that the area where the installation services are to be carried out is clean, level and clear of debris;
providing adequate power, lighting, heating and other necessary facilities for the Fitter to be able to carry out the installation services;
to notify us of any changes to the condition of your property at the time agreed for the provision of the installation services; and
disposing of all packaging materials unless otherwise agreed.
If you appoint your own sub-contractor, rather than the Fitter, to carry out any supplementary works, you must ensure that the supplementary works are carried out with reasonable skill and care.
If you fail to comply with your obligation under condition 3.2 and as a result the Fitter is unable to proceed with the installation services the Fitter will, at its option either:
complete/rectify the defective supplementary works at your cost; or
arrange a date in the future to carry out the installation services to allow you the time to rectify the defective supplementary works, if the latter option is selected, it is your responsibility to ensure that the Products are stored in a suitable environment until such time as the Fitter is able to install the Products. You will be responsible for the costs, loss and/or damage caused due to the Fitter being unable to carry out the installation services on the original date
If the option at condition 3.3.2 is selected you must rearrange an installation date to occur within 3 months of the original installation date otherwise we will assume that you no longer require the Fitter to carry out the installation services.
Delivery of the Products and installation of the Products must take place at the same location, unless we otherwise agree this with you.
You must inform us of any structural defects or anomalies at the location where the installation services are to be carried out which may affect the installation services.
If during the installation services, you agree with the Fitter to deviate from the plan, then this is your responsibility and we shall not be liable for any costs, damage or loss arising from this.
If at anytime, throughout the installation, you have any concerns about the Fitter or the quality of work, you must contact us immediately, do not wait until the installation is complete.
GENERAL
The placement of an order implies acceptance of these terms of trade.
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.