Terms & Conditions 

1. Your Contract:- 

These Terms and the Quotation are considered by us to set out the whole agreement between you and us for the sale of the products. These Terms apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.   The Contract constitutes the entire agreement between the parties.  The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.    Please read these Terms carefully and check that the details in the Terms & Conditions and on the Quotation are complete and accurate (in particular your specifications/requirements, measurements, plans and layouts in accordance with which the products will be manufactured) before entering into the Contract. The Quotation acceptance constitutes an offer by you to enter into a binding Contract, which we are free to accept or decline at our absolute discretion.   The Quotation shall be deemed to be accepted, and the Contract shall come into force when we receive your first securing payment.  The Quotation is valid for a period of 30 days.                                                                                                                           For bespoke products we rely on the measurements, plans, specifications, choices and details you supply to us and you must therefore check that they are accurate and correct. Please also check that all products listed on the Quotation are the correct model and specification. This is your responsibility even if we have attended the end user's premises prior to your Quotation being produced.                                                                                                                                                                                                                                                 We offer a home measure service to end users where we will take measurements of the end user's premises. This is not a survey, nor does it constitute any assumption of responsibility for preparing designs in connection with your transaction with the end user. It is your responsibility to check that these measurements are correct and we will have no liability to you for inaccurate measurements.  Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the products they describe.   They do not form part of the contract between you and us or any other contract between you and us for the sale of the products. We have taken care to describe and show products as accurately as possible.   Despite this, slight variations in products may occur for example colours and textures may vary between different batches of production.                                                                                                                                                                                                                                                                                                                                                                                 We have the right to revise and amend these Terms from time to time to reflect any changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and terms in force at the time that the Contract is formed, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to Quotations you have previously placed that we have not yet fulfilled). If we have to revise these terms after your Contract is signed, we will notify you in writing and you can choose to cancel the contract in accordance with condition 2. 

2. Cancellation:- 

a. We will allow you to cancel or change your order at any time up until your second stage payment before delivery for items supplied by us from existing stock.                                                             b. Should your order contain items which are to be made bespoke, your right to cancel those items will be forfeited upon receipt of your initial payment as these products will have already gone into production.              c. Should you still wish to cancel/change your order with bespoke items, after your initial payment, every effort will be made by us to reduce costs of waste. However should your initial payment not cover these costs, you will be invoiced for the remaining amount. 

3. Products:- 

a. We warrant that on delivery and for 12 months following the date of delivery, that any  Products purchased from us:                             i. are of satisfactory quality within the meaning of the Sale of Goods Act 1979; 

ii. are fit for all the purposes for which products of the kind are commonly supplied;                                                                                       iii. are free from material defects in design, material and workmanship; 

iv. comply with all applicable statutory and regulatory requirements for selling the  Products in the United Kingdom; and                        v. conform in all material respects with their description and/or the manufacturer's specification subject to any qualification or representation contained in the brochures, advertisements  or other   documentation including but not limited to these Terms. 

b. Where we are not the manufacturer of the Products, we shall endeavour to transfer to Youthe benefit of any warranty or guarantee given to us.                                                                                                                                                                                                                           c. The warranties set out above do not apply to any defect in the Products arising from fair wear and tear, willful damage, accident, negligence by You or any third party,  if You use theProducts in a way that we do not recommend, your failure to follow our instructions, or any deviation from the plan which we provide,  or other alteration or repair You carry out without our prior written approval.        

d. Except as set out in condition “a” above:           

i. the Supplier gives no warranty and makes no representations in relation to the Products; and                        

ii. shall have no liability for their failure to comply any other warranties and conditions (including the conditions implied ss 13–15 of the Sale of Goods Act 1979), whether express  or implied by statute, common law or otherwise are excluded to the extent permitted. 

e. We will take reasonable steps to pack the Products properly and to ensure that You receive your Order in good condition.                     f. These Terms apply to any repaired or replacement Products we supply to You in the unlikely event that the original Products are faulty or do not otherwise conform with these Terms. 

4. Defective Products & Returns:- 

a. In the unlikely event that the Products do not conform with the warranties set out above: 

i. You give us notice in writing during the warranty period within a reasonable time of discovery that some or all of the Products do not comply with the warranties set out above;          

ii. we are given a reasonable opportunity of examining such Products; and You (if asked to do so by us) return such Products to us at our cost, we shall, at our option, repair or replace the defective Products, or refund the price of the defective Products. 

b. We shall not be liable for Products' failure to comply with the warranties set out above in any of the following events: 

i. You or the End User make any further use of such Products after giving notice in accordance with condition 4.a.i                     

ii. the defect arises because You or the End User failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Products; 

iii. the defect arises as a result of us following any drawing, design or specification supplied by You;                                                

iv. You or the End User alter or repair such Products without our consent; 

v. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or 

vi. the Products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements. 

c. Except as provided in this condition 4, we shall have no liability to You in respect of the Products ' failure to comply with the warranties set out in condition 3.                                                                                     

d. These Terms will apply to any repaired or replacement Products we supply to You.             

e. You must notify us of your intention to return any Product before returning it. 

5. Your Warranties To Us:- 

a. Upon placing an Order with us, You warrant and undertake to us that: 

i. You have verified the measurements, plans, specifications, choices and details that You supply to us and that they are accurate and correct;         

ii. any contact details for the End User and the delivery address which have been provided to us are accurate; 

iii. You have the requisite authority to place the Order;                                                                                                                                               iv. You have made the End User aware that You are not our employee, agent, subcontractor or representative. 

6. Delivery:- 

a. Unless we otherwise notify You in your Order, we or our delivery agent will use reasonable efforts to deliver the Products You have ordered within 30 days of the date of the Order Summary or by the delivery date agreed at the time of the Order. Any dates given for delivery are approximate only. Any time for delivery is not of the essence of this contract.                                              

b. We will take reasonable steps to deliver in accordance with condition 6.a or as otherwise agreed between us in writing. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let You know if we become aware of an unexpected delay and will arrange a new delivery date with You. Please allow extra time for deliveries to the Scottish Highlands and islands. Unfortunately we do not deliver to addresses outside the UK.  

Delivery routes are determined in advance. If You request a change of date after your contract has been signed, an administration charge of £150 will be payable. 

c. If we have not contacted You to arrange delivery within 30 days of the Contract date. You may contact us to request that delivery must be made within seven days of your request, and subject to us both agreeing a suitable delivery date and to You complying with these conditions we shall ensure delivery is made within seven days of your request. 

d. Where You request delivery to be made on a date which is more than 60 days after the Order date we reserve the right to change the price of the Products and we will notify You if we do. 

If You are unhappy with this change You may cancel the Order provided that You do so within seven days of being notified of the price change. 

e. Delivery of the Order shall be completed when we deliver the Products to You at the address stated on the Order. 

f. If You fail to take delivery of an Order, then, except where this failure is caused by our failure to comply with these Terms: 

i. we will store the Products until delivery takes place and may charge You £10 per item of Product per day to cover expenses and insurance; 

ii. we shall have no liability to You for late delivery; and 

iii. we will charge You our standard delivery charge for any subsequent attempts we may make to deliver the Products. 

g. If You have not taken delivery of the Products within 30 days of our first attempt to deliver the Order, we may, after giving You reasonable prior notice in writing, resell or otherwise dispose of part or all of the Products. 

h. If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the Order in instalments. we will not charge You extra delivery costs for this. If You ask us to deliver the Order in instalments, we may charge You extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle You to cancel any other instalment. 

i. You must ensure that You, the End User or a nominated representative over the age of 18 is present at the designated delivery time and location to accept and sign for the delivery of  Products. We reserve the right to ask for identification in order to verify that an individual is authorised to accept the Order. 

j. You must promptly (and before making arrangements for installation) check the delivery and report any discrepancies between the delivery and the Order in writing. You agree that our delivery staff/agents may take photographs of the Products on delivery as evidence that they have been delivered and as to their  condition on delivery. 

k. You must inspect the Products upon delivery and before installation commences. If the Products do not arrive on the delivery date or are damaged on arrival, You must report it to us within 72 hours of delivery date or intended delivery date. We may not accept any claims submitted after this period 

.l. You must ensure that our delivery staff and/or agents and their vehicles have a clear and safe means of access to the delivery address. You must ensure that You or the End User clears a suitable space for delivery (at least 3m x 2m) which is watertight and free of all valuable and breakable items. Please note that all deliveries must be made to the inside of a dwelling or secure outbuilding and we are not able to make curb side deliveries. If we attempt delivery but are unable to complete it then we will treat it as a failed delivery and store the Products at your cost (in accordance with condition 7.6.1)  until the access is clear and safe if You do not comply with this obligation. A redelivery charge of £150 will also be payable. 

7. Risk and Title:- 

a. The Products will be at your risk from the time of delivery to the address stated on your Order.    b. Ownership of the Products will only pass to You when we receive payment in full of all sums due for the Products, including delivery charges. 

8. Indemnities & Insurance:- 

a. You shall indemnify us, and keep us indemnified from and against any losses, damages, liability, third party claims, costs (including legal and other professional fees) and expenses incurred by us as a result of or in connection with: 

i. your breach of any of your obligations under these conditions; or                                                                                                                   

ii. any other acts or omissions by You which bring us or our brand into disrepute or negatively affects our reputation or goodwill. 

b. You shall have in place contracts of insurance with reputable insurers incorporated in the United Kingdom to cover your obligations under these conditions. 

9. Our Liability:- 

a. Nothing in these Terms shall limit or exclude in any way our liability for: 

i. death or personal injury caused by our negligence or the negligence of our employees, agents or suppliers;                                        

ii. fraud or fraudulent misrepresentation; or 

iii. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability. 

b. Subject to condition 9.a, we shall not be responsible for any losses that You suffer as a result of our failure to comply with the Contract, except for those losses which are a foreseeable consequence of that failure and which are limited to the purchase price of the Products You have purchased. 

c. Subject to condition 9.a, we shall not be liable under or in connection with the Contract for any of the following: 

i. loss of income or revenue (including but not limited to loss of wages);                   

ii. loss of business;                  

iii. loss of savings, discount or rebate (whether actual or ancitipated);                

iv. loss of contract; 

v. loss of opportunity;                 

vi. loss suffered by You in failing to adhere to condition 6;or                  

vii. loss of data. 

d. We shall not be liable to You or responsible for losses or damage incurred by You which arise as a result of You providing to us incorrect measurements, plans, specifications, choices or details, or failure by You to take account of the features, size and shape of the space in which You wish to install our Products. 

10. Events Outside Our Control:- 

a. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).                                             

b. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme /adverse weather conditions, or default of suppliers or subcontractors or other issues including (but not limited to)  product shortages and delays in manufacturing.   

c. Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event. 

11. Assignment:- 

a. You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms. 

12. General:- 

a. 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.   

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

c. A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999. 

13. Termination & Suspension:- 

a. If You become subject to any of the events listed in condition 13.b, we may terminate the Contract and/ or any trade account which You hold with us with immediate effect by giving written notice to You.                            

b. For the purposes of condition 13.a, the relevant events are: 

i. You are the subject of a bankruptcy petition or order;                          

ii. You die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation; or if the Customer is a company:                            

iii. a petition is filed, a notice is given, a resolution is passed ,or an order is made, for or in connection with the winding up of the Customer, other than for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;                         

iv. an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Customer;                     

v. the holder of a qualifying floating charge over the Customer's assets has become entitled to appoint or has appointed an administrative receiver,                     

vi. or any event analogous to the foregoing events occur under the laws of any other jurisdiction; or                 

vii. a change of Control occurs. 

c. Without limiting our other rights or remedies, we may suspend provision of the Products under the Contract You become subject to the events listed in condition 13.b above, or we reasonably believe that You are about to become subject to any of them, or if You fail to pay any amount due under this  Contract on the due date for payment. 

d. On termination of the Contract for any reason You shall immediately pay all outstanding unpaid invoices. 

e. Termination of the Contract, however arising, shall not affect any of the parties' rights, remedies, obligations and liabilities that have accrued as at termination. 

f. Conditions which expressly or by implication survive termination of the Contract shall continue in full force and effect. 

14. Variation:- 

a. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by the Supplier. 

15. Disputes, Governing Law & Jurisdiction:- 

a. These Conditions and any dispute or claim arising out of, or in connection with, them, their subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England. 

b. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Conditions, their subject matter or formation (including non-contractual disputes or claims). 

16. Pre-installation:- 

a. Upon first arrival to fit, your fitter will inform you of any supplementary work that may be required in addition to the agreed quotation. This will be explained to you in person and confirmed in writing. If the supplementary work is required before pre-arranged work can begin, the fitter will ask for your agreement to a separate quotation for the additional work. 

b. You are under no obligation to use the Fitter to complete the supplementary work, you may use your own subcontractor to carry out the supplementary work. Any supplementary work which the Fitter or your chosen subcontractor agrees to carry out is outside of these Terms and shall be subject to a separate agreement for services between you and the Fitter or your chosen subcontractor. As such we accept no liability in respect of any damage arising as a result of any supplementary works carried out either by the Fitter or your chosen subcontractor. 

c. The plan forms the basis of the installation services, as such you must ensure that you are happy with any changes the Fitter makes to the proposed plan and that such changes are clearly identified on the plan before you sign it. You agree not to sign and approve the changes to the plan until you are happy with them. 

d. If you are not happy with the proposals for supplementary works and they are required for the pre-arranged fit to begin, the onus for rectification will be on you. 

e. None of the conditions forming condition 16 will be additional grounds for reinstatement of a right to cancel your original contract or order. 

17. Price/Payment:- 

a. Your payment schedule will be detailed on your personal quotation. Unless otherwise agreed in writing the schedule forms part of your contract, and will be due and payable at the timings set out in your quotation. 

b. If your fitter has agreed to carry out any supplementary works, the payment terms for those works will be separate and will be set out in your supplementary quotation. 

c. Any payment terms for supplementary work or changes, will not affect your payment terms under this contract. 

18. Your Installation Responsibilities:- 

a. In respect of installation you are responsible for: 

i. ensuring that all measurements taken by you are correct and accurate; 

ii. obtaining all planning permission and building regulations consents; 

iii. 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; 

iv. ensuring that all services which may affect or be affected by installation of the Products are disconnected; 

v. ensuring that the area where the installation services are to be carried out is clean, level and clear of debris; 

vi. providing adequate power, lighting, heating and other necessary facilities for the Fitter to be able to carry out the installation services; 

vii. to notify us of any changes to the condition of your property at the time agreed for the provision of the installation services; and 

viii. disposing of all packaging materials unless otherwise agreed. 

ix. 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. 

x. If you fail to comply with your obligation under condition 18.a.ix and as a result the Fitter is unable to proceed with the installation services the Fitter will, at its option either: 

1. complete/rectify the defective supplementary works at your cost; or 

2. 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  

xi. If the option at condition 18.a.x.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. 

xii. Delivery of the Products and installation of the Products must take place at the same location, unless we otherwise agree this with you. 

xiii. 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. 

xiv. 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. 

xv. 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. 

xvi. On completion of the installation services, you will be asked to sign an agreement of completion and allow us to take photographs of the completed works. If you are not happy in any way with the installation services which have been carried out and you do not note this on the agreement of completion then we will accept no liability if, in the future, you make a claim to us for damage or loss occurred during or as a result of the installation services. 

xvii. If you raise a claim or issue in respect of the installation services you will allow us access to review the installation services/Products and to take photographs of the Products and any alleged damage or poor quality of work. 

19. Installation Services:- 

a. We will endeavour 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. 

b. Provided that you comply with payment schedules as detailed in these terms, we will ensure that our Fitter completes the standard installation package as follows: 

i. assembles, fits and installs the kitchen cabinet Products (including interiors, doors, drawers, handles, kickboards, cover panels, cornices and décor trim) 

ii. completes appliance installation including connections (subject to correct availability of services and their compatibility) 

iii. fits the worktop (including cut-out and fitting for cooker tops, sinks, taps): 

iv. fits the sink and taps; 

v. seals all joins and cut-outs. Unless specifically stated in your Order, the sealant colour shall be selected on the basis of what we deem most suitable. 

c. 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  

d. 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. 

e. Whilst we will try to ensure our Fitter(s) keeps dust and disruption to a minimum during the provision of the installation services, you should take all reasonable and necessary steps to minimise  the impact of the installation services, for example by moving breakables/delicate items and covering areas likely to be affected with dust sheets. Whilst Fitters will endeavour to clean up after themselves, you should expect some dust to result from the installation services and you agree that we will not be liable for any cleaning expenses resulting from such dust. 

f. 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. 

20. Installation Warranty:- 

a. We warrant that on installation and for a period of 5 years thereafter (subject to the other provisions of the Terms) the installation services shall be performed with reasonable skill and care. 

b. We shall not be liable for any breach of the warranty set out at clause 20.a if: 

i. you have failed to comply with clause 18.a; 

ii. the installation services were provided in accordance with the specifications or instructions provided by you; 

iii. you have failed to comply with clause 18.a.xiii; 

iv. you have failed to inform or notify us in writing that the installation services have not been carried out to an appropriate standard and we have not been given a reasonable opportunity to re-perform the installation services; 

v. the walls to which the Products are to be attached or the utility connections are poor quality, flawed, faulty or unsafe. 

c. Subject to clause 20.b, if the installation services do not conform with the warranty at clause 

20.a, we shall elect to either re-perform the installation services to comply with clause 20.a or refund the price of the installation service. 

d. If we comply with clause 20.c we shall have no further liability for a breach of the warranty at clause 20.a in respect of the installation services. 

e. These terms apply to any re-performance of the installation services under this clause 20. 

f. We shall not be responsible for losses or damage that result from the disconnection of any white goods, including but not limited to washing machines, dishwashers, fridges, freezers and/or radiators.