BESPOKE KITCHEN SPECIALIST WINDSOR
Terms and Conditions
1.WHO WE ARE
Paul Alexander Kitchens is the trading name for the registered company, I-Home Interiors Ltd, a limited liability company registered in England and Wales with Company Registration Number 6935145 and whose registered office is situated at: 28 Carnoustie, Bracknell, England, RG12 8ZW.
a) ‘Seller’ means I-Home Interiors Limited.
b) ‘Buyer’ means person or company who places an order or accepts and offer of the seller to purchase or supply of any goods.
c) ‘Goods’ means products or services supplied or provided by the seller.
d) ‘Quote’ means price and specification. This can either be a fixed price Proposal (Quote) or a variable price Estimate.
2. THESE TERMS
These terms apply to all contractual agreements made between Seller and Buyer, the customer. The Seller may change these terms from time to time. Please check them before you make a new purchase.
a) None of the Buyer’s statutory rights are affected by these terms.
b) Any order the Buyer places with Seller is subject to these terms and conditions. The Buyer should read them very carefully as they contain some very important terms.
c) If the Buyer has any questions about any part of these terms or would require the same in larger print please contact us at the number quoted on this document.
d) These terms are standard and non-negotiable. They supersede all other terms whether oral or written. The Seller’s, sales staff will do the best to help, but are not authorised to do any of the following: i. Make any variations to these terms; ii. Make any representation, agree any condition or enter into any collateral agreement; iii. Accept any offer or counter-offer by you the Buyer. The Managing Director may from time to time by means of a written notice to the Buyer, make alterations to these terms but only in relation to the individual order in question.
a) The Buyer engages the Seller Paul Alexander Kitchens to provide the products and services specified in these terms and conditions and attached specification and quote.
b) No term during this agreement or course of dealings between the parties shall operate to make Paul Alexander Kitchens and employee or agent of the Buyer.
c) Neither party shall assign any of their rights, liabilities or obligations arising under this agreement without prior written consent of the other party.
4.THE BUYER’S OBLIGATIONS
a) The Buyer shall be responsible for the correct issue of dimensions or drawings should they want a ‘SUPPLY-ONLY’ contract. Where these details are incorrect, the Buyer shall bear the expense for rectification.
b) The Buyer shall provide the Seller with full access to the site to carry out their work and will ensure the site is safe and secure (Alarmed) and with power resources.
c) Unless otherwise specified, the Buyer shall take full responsibility for the unavoidable re-decoration and tidying of any walls, floors or ceilings which may have become marked as part of the project installation. The Seller shall take responsibility for careless, accidental or negligent damage.
d) Should the Seller store materials, furniture or fittings onsite, it is the Buyer’s responsibility to insure against theft and/or damage. Missing, lost, stolen or damaged items will be paid for by the Buyer in full.
e) The Buyer is responsible for obtaining any permissions, licenses or official approvals for any works carried out by the Seller. This may include but is not limited to planning permission, building regulations approval, the correct insurances etc.
f) The Buyer shall be responsible for meeting all legal criterial including but not limited to Building Regulations etc. Any design or specification provided by the Seller is done so at the request of the Buyer and therefore shall accept no responsibility for designs and products which do not meet regulations or permissions.
g) The Buyer is responsible for providing a NEW BUILD certificate to the Seller, should the Buyer require 0% VAT invoices. Failure to do so will result in VAT being applied and an additional administrative charge being applied.
5. THE SELLER’S OBLIGATIONS
a) The Seller shall provide their goods and services with reasonable care, to the specification and criteria provided and to a reasonable standard.
b) The Seller shall take reasonable steps to ensure the protection of the Buyer’s property and furnishings during the works in areas of the property relating to this contract. This responsibility does not extend to being liable for security against theft or burglary etc of the Buyer’s property which is expressly the responsibility of the Buyer at all times.
c) The Seller shall take responsibility for the safe and legal disposal of their waste from site.
d) The Seller will ensure a current certificate of Public Liability insurance for the duration of this contract.
e) The Seller shall take responsibility for careless, accidental or negligent damage. The Seller, recommends the flooring company provide floor protection where necessary, if new floor has gone down. The Seller can provide floor protection if installing onto existing flooring upon request by Buyer but the protection of any furniture once installed by Paul Alexander Kitchens will be the responsibility of the Buyer.
a) All quotes and sales placed with the Seller are bound by these terms and conditions of business. The liability of the Seller shall not be extended by any oral agreement expressed or implied between the Buyer and the Seller.
b) Samples of finishes and materials may be available. To be sure of the correct finish it is recommended that the Buyer view a sample to approve before ordering therefore the Seller shall not be held responsible for any product deemed sub-standard, incorrect or inappropriate. There may be minor differences between a sample and the finished product due to different batches or manufacturing times.
c) The Seller reserves the right to subcontract or assign any part of its rights or obligations arising under this contract without obtaining the Buyer’s consent.
d) Failure or neglect by the Seller to enforce at any time any of these Terms and Conditions of sale shall not be a waiver to the Seller’s rights and it shall not affect the validity of the whole or part of these Terms and Conditions or prejudice the Seller’s right to take subsequent action.
e) All designs, drawings and other technical information relating to the goods shall remain the Seller’s property under copyright law and must not be shared, used or distributed without prior consent from the Seller.
f) The Buyer understands that wood is a natural product and therefore accept that the Seller is not responsible for reasonable or unavoidable movement, cracking, twisting or grain pattern variations.
7. QUOTATION (PROPOSAL) & PRICES
The Seller shall provide the client an estimate or quotation (Proposal) for the services to be provided which shall set out (but not limited to) the following:
i. The cost for the works including labour and materials. In the case of an Estimate, these costs are only guide and may vary, in the case of a quotation, these costs will be fixed.
ii. The design specification with materials, finishes and appliances with associated costs.
iii. The estimate or quotation shall be attached to this contract and the terms and conditions of business. Where the Buyer accepts the estimate or quotation they will be deemed to have accepted this contract and the Seller’s terms and conditions of business.
a) Products supplied or manufactured by a 3rd party are subject to the manufacturers or suppliers stock and are not guaranteed available.
b) The Seller strongly recommends that all correspondence between the Buyer and the Seller is made in writing. The Buyer takes full responsibility for omissions and errors arising from verbal communication.
c) It is the sole responsibility of the Buyer to ensure the order details are correct. The Seller will not be liable for errors and omissions on any paperwork once the order has been paid or agreed either verbally or in writing.
d) The Seller reserves the right to cancel any order or refuse a sale without notice or explanation.
e) If the Buyer cancels an order at any point after payment, a refund will not be issued.
f) Quotations (Proposals) are valid for 30 days only after which time a revised quote may be issued.
g) Design changes after the final design sign off may be subject to additional fees. Any costs in labour or materials which are no longer required as a result of any change will be charged in full.
h) The work by the Seller will be based on the quote and paperwork given. It is the responsibility of the Buyer to ensure any mistakes by either party are noted immediately.
i) All our prices are inclusive of the current rate of VAT and include all relevant promotional discounts
8. ORDERING & PAYMENTS
a) An order is considered contractual and binding at time of commission by writing, verbal or otherwise, at which point processing and manufacturing will commence.
b) The contract price is set out in the Quotation (Proposal) and or Estimate. The Buyer agrees to the following:
i. To pay the balance of an invoice within 7 working days.
ii. Not to withhold any sums due to Paul Alexander Kitchens.
iii. To pay Paul Alexander Kitchens the rate of 8% per annum over the bank of England base rate on invoices not settled within accordance with section 8.b.i above.
iv. To pay Paul Alexander Kitchens costs or expenses incurred in recovering payment from the Buyer where the Buyer has failed to make payment in accordance with these terms and conditions.
c) The intervals in which payment should be made are set out in the quotation (Proposal) and financial specification within the quotation (Proposal.)
d) Paul Alexander Kitchens may vary the contract price from the amount set out in the Quotation (Proposal) where they have provided services which are different or in addition to those set out in the Quotation (Proposal) either at the specific request of the Buyer or because they have been required to carry out work which was not anticipated at the time of Quote (Proposal), or because of market fluctuations in the price of materials. This will be recorded on the project financial statement.
e) All goods and services remain the property of the Seller until payment is received in full.
f) All prices and offers are correct at time of going to press but subject to change without notice to the Buyer. E&OE.
g) Payments can be made using BACS Transfer or cheque. Orders will not be processed until the payment is cleared in full.
h) Any payments made will not be eligible for any refund once the order has been processed. Any payments made to Paul Alexander Kitchens are non-transferable.
i. At the request of the Buyer, the Seller may invoice and be paid by a 3rd party, for example, a Builder. In this situation, the Buyer remains fully responsible for the order.
9. RETENTION OF TITLE & LATE PAYMENTS FEES
a) The Seller will require 100% of the agreed price (the ‘Balance’) to be paid 14 days prior to the agreed delivery dispatch date of the Buyer’s kitchen to site. Failure/ or any delay in making the ‘Balance’ payment will result in the Buyer’s kitchen being delayed. The Seller, will NOT deliver any goods to site until they have received full payment. The Buyer, agreed payment terms will be stated clearly at the bottom of the Quotation (Proposal). The Seller, will apply interest to the outstanding balance at a rate of 4% above the base rate of the National Westminster Bank PLC from time to time (or 8% per annum, whichever is higher)
b) Goods will remain the property of Paul Alexander Kitchens until full payment has been made and cleared at our bank, but the risk lies with the client once delivered.
a) All visuals are provided on condition that they are accepted as an artistic interpretation only, and not intended to offer an actual representation of the proposed kitchen.
11. SERVICES & TIMESCALES
a) The Seller, Paul Alexander Kitchens will provide the services to the Buyer as set out in the estimate or quotation (Proposal).
b) The services specified will be provided to the Buyer to the time frame set out in the provisional schedule.
c) Delivery dates, installation dates and time frames given are to be used as a guide. The Seller, Paul Alexander Kitchens cannot guarantee the services will be performed within the timeframes set. Paul Alexander Kitchens shall not be responsible for any losses incurred following a delay in providing the services in the quote.
d) The Seller Paul Alexander Kitchens will do all it can to react to schedule adjustment at the request of the Buyer should the need arise but when an adjustment cannot be authorised by the Seller, the Buyer agrees to cover the 3rd party storage costs for the project including transport costs, storage fees, insurance and associated costs.
12. DELIVERY, PROPERTY & RIGHTS
a) The Seller only delivers to addresses in Mainland UK. The Seller’s standard delivery times and schedules run from Monday to Friday 9am to 6pm. Any agreed delivery time outside of these hours may result in an additional charge being made. The Seller may also charge an additional fee to be notified to the Buyer for delivery addresses outside a radius of 50 miles from our warehouse. This will be listed on the Quotation. If the Buyer changes the delivery address after a quotation has been issued, the Seller reserves the right to charge you a delivery fee if the new address is outside of the above 50 mile radius. Delivery dates mentioned in the Quotation (Proposal) or other document are approximate only and not of any contractual effect. The Seller shall not be liable for any delay in delivery howsoever caused. Late delivery of the Goods does not entitle the Buyer to do any of the following:
i. Reject the Goods
ii. Terminate the contract
iii. Withhold payment of any part of the Price.
b) Goods will not be delivered or collected until payment has been made in full.
c) The title of ownership or property rights shall remain with the Seller until the Buyer has made payment in full and in accordance with these terms and conditions.
d) A delivery note may be signed by the Buyer upon delivery to state that everything is correct, present and of satisfactory quality.
e) The Buyer is responsible for checking all goods for damage and/or missing or incorrect items. The Buyer must report any missing items at point of delivery on the delivery document. Damaged or incorrect items must be notified to the Seller in writing within 24 hours of receipt of delivery. All damaged, missing or incorrect items are subject to Clause 14 in the Seller’s terms and conditions.
f) The Seller may opt to put the project into storage when adjusting the production, delivery and/or installation schedule is not possible. If the Buyer is unable to accept delivery of a project as per the original installation schedule, then a project will need to be put into storage. The Buyer will pay for all storage fees, insurance and transport including labour to and from the storage location.
g) The Seller does not guarantee delivery times and product availability. Any suggested dates are estimated only.
h) Where the Seller has to simply deliver the goods and not install anything, the Buyer must sign off the delivery as being correct and free from be apparent, the Buyer must notify the Seller within 24 hours. Failure to do so may invalidate any refund, repair or replacement required.
i) The risk and responsibility for goods, services and performance of service shall pass to the Buyer upon delivery to site or at the point of the goods or products leaving the workshop should a 3rd party undertake the collection or delivery.
j) The Buyer shall take full responsibility for the safe storage and security of every product delivered to site even if they have not signed a delivery note. Any damage or loss shall be the Buyers responsibility and if new items are required the Buyer will have to re-purchase at the retail price.
a) The Seller works on a DRY-FIT installation process and this price is included on all Quotations (Proposals), unless we have been asked by the Buyer for a ‘SUPPLY-ONLY’ kitchen order, where the Buyer takes full responsibility of the installation.
i. DRY-FIT installation means it is the Buyer’s responsibility that all 1st and 2nd fix electrics and plumbing should be included within Buyers builders’ scope of works.
b) If the Buyer requires the Seller to undertake a ‘WET-FIT’ installation we can provide an additional price for this, upon the Buyer’s request.
c) Where the Seller does agree to install appliances, the Buyer must check the installation for faults with the installation fitter and complete a completion certificate supplied by the fitter. If any further faults are found after the completion certificate has been signed by the Buyer, they must inform the Seller in writing within 48 hours. It will be at the Sellers discretion to rectify any faults thereafter.
d) Upon completion of the Installation the Seller & Buyer will go round the kitchen and form an agreed remedial list. Once the agreed items on said list have been attended too, this results in the ‘Final’ sign off for the kitchen completion. Please note, the Seller does NOT require a signature for this sign off. Paul Alexander Kitchens offer a 12 month warranty on the fitting installation from the point of kitchen completion. The fitting installation covers, for example.
i. Re-aligning an integrated appliance door, if it has dropped/moved.
ii. Re-fitting an end panel if it has come lose over time etc.
e) This does not include any defects with 3rd party suppliers, who will have their own warranties in place. It does not include damages through accidental cause/ gross mis-use of the kitchen. It will be at the Sellers discretion, as to whether it falls in this category.
f) After the 12 month period has exceeded Paul Alexander Kitchens has no obligation to attend to any installation issues, it will be down to the discretion of the Managing Director and on a project-to-project basis. Any fitting charges that the Seller incurs will be passed on to the Buyer.
14. WORKTOP INSTALLATION TOLERANCES
a) Where worktops abut, the maximum joint width should be 1.5mm +/- 0.5mm. Where worktops abut splash backs or vertical wall lining the joint should be a maximum of 3mm.
b) Joints between splash backs or wall lining pieces should be 1.5mm +/- 0.5mm. Where joints are to be sealant filled, these will need to be a minimum of 3mm.
c) All joints should be parallel unless specified. The arises of the joints at abutting stones should be free from chips, spalls and cracks.
d) Where horizontal surfaces abut and are exposed it is essential that the exposed edges of the stone be gauged so as to prevent any lipping. Where an overhang occurs, the tolerance of the protection will be dependent on the accuracy of the installation of the cupboards and cabinets below, and the manufacturing of the natural stone horizontal surface. Notwithstanding this, the overhang dimension should not vary from that specified by +/- 1.5mm.
e) Where upstands and splash backs are being fitted, the gap between the horizontal surfaces and backing wall should be no greater than half the thickness of the splash back. Where no splash back is being installed, the gap should mirror the profile of the wall and be no greater than 6mm.
f) Small chips at the joint edges are common in fabrication of granite because of the relatively large crystal size. Selecting a stone that is less prone to damage can reduce the likelihood of chipping. If the customer stipulates limitations or no chipping then the use of stone may be considered inappropriate.
15. GUARANTEE & WARRANTIES
a) All kitchen units supplied by the Seller, are fully guaranteed under the furniture manufacturers warranty. The Seller will provide a copy of their terms upon acceptance of the order.
b) All manufactures warranties must be filled in by the BUYER online, to activate your warranties. The Seller, can NOT undertake this for the Buyer, due to the Data Protection Act. A link will be sent to the Buyer by email upon acceptance of the Quotation (Proposal).
c) 3rd party products like appliances which are subject to manufactures warranty shall be bound to their own terms or warranty of which the Seller has no control. The Buyer shall contact the manufacturer directly should an issue or claim arise.
16. MATRIALS & PRODUCTS
a) The Seller cannot guarantee the colour consistency or quality of colour or pattern on any material or product from any manufacturer against their samples or brochures.
b) The Seller is not responsible for the manufacturing quality or defects from any material or product manufacturer. The Seller will do their up-most to ensure a good quality product is delivered but issues with quality must be noted at time of collection or delivery or no refund will be issued.
c) The Buyer understands that materials ordered at different times may have colour, tone or grain differences.
d) Timber & Stone products are natural materials and therefore colour and grain variations may occur. This is part of the beauty and nature of these materials. It should, therefore, be understood that the client accepts this possibility and that as such; no payment will be withheld, or free of charge replacements requested in relation to this.
e) Manufactures reserve the right to make changes to products and technical data without prior notice and from time of order to supply there may be change of specification without our knowledge or the quoted produced maybe superseded in this case Paul Alexander Kitchens cannot be held responsible.
17. RETURNS POLICY
a) Furniture and worktops are non-returnable as they are made to order.
b) If items that need to be returned are deemed to be the responsibility of Paul Alexander Kitchens this will be Free of Charge
18. LIMITATION OF LIABILITY
a) Nothing in these Conditions shall limit or exclude the Sellers liability for: death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; fraud or fraudulent misrepresentation; breach of the terms implied by Section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); breach of the terms implied by Section 12 of the Sale of Good Act 1979 (total and quiet possession); or defective products under the Consumer Protection Act 1987.
b) Clause 14.b.i & 14.b.ii are subject to clause 14.a:
i. The Seller shall not be liable to the Buyer whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or any indirect or consequential loss arising under or in connection with the contract (including any losses that may arising from the Seller deliberate personal repudiatory breach of the contract).
ii. The Seller’s total liability to the customer in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, including losses caused by the Sellers deliberate personal repudiatory breach shall not exceed the price paid by the customer for the goods and/or services in the order.
c) Except as set out in these conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent committed by law, excluded from the contract.
a) This agreement shall continue until the services (or mutually agreed addition, variation or extension) have been provided or until terminated in accordance to the below.
b) Without prejudice to the above the employment of the Seller under this agreement may be terminated immediately where any of the following circumstances arise:
i. Either party commits a serious breach or persistent breaches of this agreement including but not limited to the non-performance, neglect or default of any of their duties as outline herein (including a failure on the part of the client to make payment within the agreed timescales) and after notice of this breach has been given to the defaulting party it remains remedied and unrectified 7 days after such notice.
ii. Either party commits a breach of this agreement which cannot be remedied.
iii. Either party becomes insolvent or enters into a CVA or IVA or ceases to carry on the whole or substantially the whole of its business.
a) Upon termination of this contract the Buyer shall pay to the Seller, such sums as may represent work carried out to date including expenses incurred.
b) Any right to terminate the employment of the Seller shall be without prejudice to any accrued rights or liabilities arising out of this agreement which are in existence at the date of termination.
a) The Seller shall not be responsible to the Buyer or any 3rd parties for any loss of profit or indirect or consequential economic damage or loss, however caused, whether as a result of negligence, misrepresentation, breach of contract or otherwise.
b) Nothing in the foregoing shall be read as restricting or limiting in any way the Seller’s liability for death or personal injury.
a) The Buyer shall indemnify the Seller against any loss or damage which results from the Buyer’s breach of this agreement or failure to abide by any of its terms.
22. DELAY OR FAILURE TO PERFORM
a) Neither party shall be liable for any delay or failure in performing its obligations or duties under this agreement which results from circumstances outside their reasonable control including but not limited to: i. an act of God, explosion, flood, fire or accident ii. war or civil disturbance iii. strikes, industrial action or stoppages of work iv. any form of government intervention v. a third party act or omission vi. failure by you to give us a correct email or delivery address or notify us of any change of address.
23. WARRANTY OF CONTRACTUAL CAPACITY
a) Both parties and the signatories to this agreement warrant that they’re authorised and permitted to enter into this agreement and have obtained necessary permissions and approvals.
24. WHOLE AGREEMENT, GOVERNING LAW, SEVERABILITY & MISCELLANEOUS PROVISIONS
a) This document constitutes the entirety of the agreement between the parties. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this agreement must be done so in writing and signed by both parties.
b) This agreement shall be governed by the Law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
c) All clauses, sub clauses and parts thereof shall be severable and shall be read and construed independently. Should any arise of this agreement be found invalid, this shall not effect the validity of enforceability of any other provision or of this agreement as a whole.
d) All terms, conditions and covenants contained in this agreement shall bind parties and their heirs, legal representatives, successors to title and permitted assignees.
e) Nothing in these term and conditions shall incur any rights on a third party and not third party may enforce and provision of this contract under the Contracts (Rights of Third Parties) Act.
f) The Failure by either party to enforce any provision of this agreement shall not be deemed a waiver or limitation of that party’s right to subsequently compel and require strict compliance with every provision of this agreement