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These Terms and Conditions are the standard terms for the sale of goods by Andron Manufacturing
Ltd trading as Mastercraft Kitchens, a Private Limited Company registered in England under number
10677665, whose registered address is Pelican House, 119c Eastbank Street, Southport, Merseyside,
PR8 1DQ and whose main trading address is 1, Imperial Court, Exchange Street East, Liverpool, L2
3AB.
In these Terms and Conditions, unless the context otherwise requires, the following
expressions have the following meanings:
“Business Day or Working | means, any day other than a Saturday, Sunday or bank holiday, |
“Calendar Day” | means any day of the year; |
“Commercial Unit” | means a delivery of Goods, the character and/or value of which |
“Contract” | means the contract for the purchase and sale of Goods, as |
“Goods” | means the goods which are to be supplied by Us to you as |
“Month” | means a calendar month; |
“Price” | means the price payable for the Goods; |
“Special Price” | means a special offer price payable for Goods which We may |
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“Order” | means your order for the Bespoke Goods as described in the contract document. |
“Order Confirmation” | means Our acceptance and confirmation of your Order as |
“We/Us/Our” | means Andron Manufacturing Ltd trading as Mastercraft Kitchens, Liverpool, L2 3AB. |
“Agreement” | means the formal agreement between You and Us in the form attached as Schedule 4 which will incorporate and be subject to these |
“Agreed Times” | means the times which You and We agree for Us to have access to the |
“Business” | means any business, trade, craft or profession carried on by You or any |
“Consumer” | means a “consumer” as defined by the Consumer Rights Act 2015, and |
“Design Services” | means the details of kitchen design services to be provided as set out |
“Design Terms and Conditions” | means the terms set out in Schedule 1 that will apply in addition to |
“Fitting Services” | means the details of kitchen fitting services to be provided as set out |
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“Fitting Terms and Conditions” | means the terms set out in Schedule 2 that will apply in addition to those set out in Clauses 1- 33 where We are to provide Fitting |
“Inseparably Mixed Goods” | means Products that have become mixed inseparably (according to |
“Kitchen” | means the location (at the Property) which is the subject of the |
“Model Cancellation Form” | means the model cancellation form available on request; |
“Order” | means Your initial request for Us to provide a Quotation for any of the |
“Our Premises” | means Our “business premises” as that expression is defined in the |
“Personalised Goods” | means Products that are made to Your specifications, or Design or |
“Price” | means the total sum (as shown on invoices issued in accordance with |
“Price for the Products” | means, the price We charge You for the Products that We use when |
“Products” | means the products, materials and other items We supply which are |
“Project” | means the project (if any) within which We will be providing the |
“Property” | means Your home (as detailed in the Order and the Agreement) in |
“Quotation” | means the quotation We give to You in accordance with Clause 4 Services; |
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“Quoted Price” | means the Price set out in the Quotation for Design Services, Fitting Services or Supply Services; |
“Regulations” | means The Consumer Contracts (Information, Cancellation and |
“Services” | means the Design Services and/or Fitting Services and/or Supply |
“Start Date” | means the date You and We agree on for Us to start providing the |
“Supply Services” | means the details of Product and other supply services to |
“Supply Terms and Conditions” | means the terms set out in Schedule 3 that will apply in addition Supply Services; |
“Third Party Contractor” | means any other contractor or consultant working on the Project; |
“Visit” | means any occasion, scheduled or otherwise, on which We visit |
“We/Us/Our” | means the Supplier and includes all employees, agents and |
“You/Your” | means a Consumer who is a customer of the Supplier. |
Each reference in these Terms and Conditions to “writing” and any similar
expression includes electronic communications whether sent by e-mail, text
Each reference to a statute or provision of a statute is a reference to that statute or
provision as amended or re-enacted at the relevant time.
Each reference to “these Terms and Conditions” is a reference to these Terms and
Conditions including the Schedules to it.
Each reference to a Schedule is a reference to a schedule to these Terms and
Conditions.
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The headings used in these Terms and Conditions are for convenience only and do
not affect the interpretation of these Terms and Conditions.
Words signifying the singular number will include the plural and vice versa.
References to any gender will include the other gender.
References to persons, unless the context otherwise requires, include corporations.
Andron Manufacturing Ltd trading as Mastercraft a Private Limited Company
registered in England under number 10677665, whose registered address is Pelican
House, 119c Eastbank Street, Southport, Merseyside, PR8 1DQ and whose main
trading address is 1, Imperial Court, Exchange Street East, Liverpool, L2 3AB.
These Terms and Conditions govern the sale of goods by Us and will form the basis
of the Contract between Us and you. Before making your Order, please ensure that
you have read these Terms and Conditions carefully. If you are unsure about any
part of these Terms and Conditions, please ask Us for clarification.
Nothing provided by Us including, but not limited to, sales and marketing literature,
price lists and other documents constitutes a contractual offer capable of
acceptance. Your Order constitutes a contractual offer that We may, at Our
discretion, accept.
A legally binding contract between Us and You will be created upon Our acceptance
of your Order, indicated by Our Order Confirmation. Order Confirmations will be
provided by email or by post in writing. This Confirmation date will be deemed as
the Commencement date of Our Services.
We shall ensure that the following information is given or made available to you
prior to the formation of the Contract between Us and you, save for where such
information is already apparent from the context of the transaction:
The main characteristics of the Goods;
Our identity (set out above in Clause 2) and contact details (set out below in
Clause 12);
The total Price for the Goods including taxes or, if the nature of the Goods is
such that the Price cannot be calculated in advance, the manner in which it
will be calculated;
Where applicable, all additional delivery charges or, where such charges
cannot be calculated in advance, the manner in which they will be
calculated;
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Where applicable, the arrangements for payment, delivery and the time by
which We undertake to deliver the Goods;
Our complaints handling policy;
We shall ensure that you are aware of Our legal duty to supply goods that
are in conformity with the Contract;
Where applicable, details of after-sales services and commercial guarantees;
We have made every reasonable effort to ensure that the Goods conform to
illustrations, photographs and descriptions provided in Our sales and marketing
literature and descriptions provided by Our salespeople and Our designers. We
cannot, however, guarantee that all illustrations and/or photographs will be
precisely accurate due to discrepancies that may arise during the printing process
and differences in the colour reproduction of electronic displays.
Samples of products displayed are to show substance, style and general character
only and no warranty is given that the colour, size, thickness, shape or any other
feature of the goods supplied will exactly correspond, in detail, with any sample
supplied or shown.
We will ensure that the goods correspond with the style, description and quality of
the sample tested, supplied or examined. Where the goods are manufactured from
natural materials such as wood there will be discrepancies and variations in the
graining, texture and colour. Such discrepancies and variations will not be classified
as defects
If you receive any Goods that do not conform to illustrations, photographs or
descriptions under sub-Clause 4.1 you may return those Goods to Us as provided in
Clause 8.
If We find, or are made aware of, any typographical, clerical or other accidental
errors or omissions in any sales and marketing literature, price lists or any other
documents We will make every reasonable effort to correct such errors or omissions
as soon as is reasonably possible. If, as a result of any such error or omission, you
have received the wrong Goods, you may return those Goods to Us for non-
compliance with the description as provided in Clause 8. If, as a result of any such
error or omission, you have paid too much, We will refund the excess paid for the
Goods.
We reserve the right to make any changes in the specification of the Goods that may
be required to conform to any applicable safety or other legal or regulatory
requirements without notice.
It is Our policy is to continually develop and improve and therefore We reserve the
right to vary the design and/or specification of any product, without prior notice to
you.
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Bespoke Goods are available from Us. If you Order bespoke Goods from Us, We will
produce, manufacture AND/OR alter those Goods to your specifications and
requirements. Further information on the information We will require with your
Order for bespoke Goods can be found on our website.
When placing an Order for bespoke Goods, please ensure that all information that
you provide to Us is correct, accurate and complete. We cannot accept the return of
any bespoke Goods if the return is due to incorrect information provided by you.
Please note that this does not affect your legal rights (including but not limited to
those described in these terms and conditions).
All Orders for Goods made by you will be subject to these Terms and Conditions.
You may change your Order at any time before We commence the manufacture or
buy in the raw materials of the Goods in question by contacting Us. This does not. We will only accept changes to Orders for bespoke
Goods if We are reasonably able to accommodate your request without additional
work. Requests to change bespoke Orders need to be made in writing.
If your Order is changed We will inform you of any change to the Price in writing.
You cannot cancel bespoke Kitchen Contracts or Goods (unless you are cancelling
under sub-Clause 11.2.5 due to an event outside of Our control). If you request that
your Order be cancelled under sub-Clause 11.2.5, you must confirm this cancellation
in writing.
We may cancel your Order or a component from your Order at any time
before We despatch the Goods in the following circumstances:
The Goods or Components are no longer in production and We are
unable to re-stock (if, for example, the Goods are discontinued); or
An event outside of Our control continues for more than 6 months. (please
see Clause 11 for events outside of Our control).
If We cancel your Order under sub-Clause 5.5 and you have already paid for the
Goods under Clause 6, the payment will be refunded to you within one month. If
We cancel your Order, the cancellation will be confirmed by Us in writing.
The Price of the Goods will be that shown in Our price lists in force at the time of
your Order. If the Price shown in your Order differs from Our current Price We will
inform you upon receipt of your Order.
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If We quote a Special Price which is different to the Price shown in Our current price
lists the Special Price will be valid for 30 days or, if the Special Price is part of an
advertised special offer, for the period shown in the advertisement. Orders placed
during this period will be accepted at the Special Price even if We do not accept the
Order until after the period has expired.
Our Prices may change at any time but these changes will not affect any Orders that
We have already accepted unless the delivery of the Order is after 9 months from
Acceptance.
We have made every reasonable effort to ensure that Our Prices, as shown in Our
current price list are correct. Prices will be checked when We process your Order. If
the actual Price of the Goods is lower than that stated in your Order, you will be
charged the lower Price (unless the lower price was an obvious mistake that you
could have reasonably recognised). If the actual Price of the Goods is higher than
that stated in your Order, We will ask you how you wish to proceed.
All Prices include VAT. If the rate of VAT changes between the date of your Order
and the date of your payment, We will adjust the rate of VAT that you must pay.
Changes in VAT will not affect any Prices where We have already received payment
in full from you.
Our Prices include the cost of delivery to mainland Britain only.
All payments for Goods must be made in advance before We can despatch the
Goods to you. Pre-Delivery payment requests will be sent by email.
We accept the following methods of payment:
Faster Payments Bank Transfer
Credit Cards
6.8.4. Cash
Credit and/or debit cards may be charged before We despatch the Goods to you.
Actual amounts of payments due are as referred to on your contract sales order and
issued by email notification.
Cash Order values of less than £5,000 are subject to full payment before
manufacture and delivery.
Cash Order values of £5,000 and over are subject to an initial deposit payment of
25% of the contract value, due upon signing and will be accepted by Cash, Debit
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Card, Credit Card or Faster Payment Bank Transfer.
The remaining contract balance, (less any installation retention), will be due:
For standard colour door finishes: at least twenty-one (21) working days
before the requested delivery date or after six (6) months of order, whichever is the
sooner and will only be accepted by Faster Payments Transfer, BACS Payment
Transfer or Cash. The details of the Faster Payments system will be advised in our
pre-delivery correspondence.
For bespoke painted finishes: at least forty-two (42) working days before the
requested delivery date or after six (6) months of order, whichever is the sooner and
will only be accepted by Faster Payments Transfer, BACS Payment Transfer or Cash.
The details of the Faster Payments system will be advised in our pre-delivery
correspondence.
Payment by credit or debit cards are accepted. Any payments made on credit or
debit cards may be registered as recurring payments on our terminals until such
time as the contract is paid in full. These cards may then be used to pay any
outstanding balances should they become overdue. We accept Visa and
Mastercard.
Installation retention balances if any will fall due on the “final day of installation"
and will be payable immediately. The final day of installation will be deemed as
when all the goods and services have been provided.
If you do not make payment to Us by the due date as shown in/on Our Order
Confirmation document, or Invoice We may charge you interest on the overdue sum
at the rate of 4% per annum above the base lending rate of National Westminster
Bank from time to time. Interest will accrue on a daily basis from the due date for
payment until the actual date of payment of the overdue sum, whether before or
after judgment. You must pay any interest due when paying an overdue sum.
The provisions of sub-Clause 6.15 will not apply if you have promptly contacted Us
to dispute an invoice in good faith. No interest will accrue while such a dispute is
on-going.
Please note that delivery is currently only possible within mainland Britain.
When We provide you with an Order Confirmation, We will provide an estimated
delivery date. Please note that estimated delivery dates may vary according to the
availability of Goods, your location, and circumstances beyond Our control.
If you indicate in your Order that you wish to collect the Goods from Us yourself you
may do so after receiving Our Order Confirmation, during Our factory business hours
of 8:30am – 4:30pm by prior arrangement.
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Delivery will be deemed to have taken place when the Goods have been delivered to
the delivery address indicated in your Order and you (or someone identified by you)
have taken physical possession of the Goods or, if you are collecting the Goods from
Us yourself, when you have collected the Goods.
If for any reason We are unable to deliver the Goods at your chosen delivery
address, We will leave a note informing you that the Goods have been returned to
Our premises, requesting that you contact Us to arrange re-delivery.
The responsibility (sometimes referred to as the “risk”) for the Goods remains with
Us until delivery is complete as defined in sub-Clause 7.4 at which point it will pass
to you. Please note, however, that if you do not wish to collect the Goods and do
not wish to use Our nominated carrier to deliver them, instead choosing your own
carrier, the risk in the Goods will pass to you as soon as they are passed to your
chosen carrier.
You own the Goods once We have received payment in full for them.
Please note that delivery to the following areas may require more time:
Northern Scotland
Northern Ireland
Isle of White
We will do Our best to deliver and/or complete the delivery on any dates specified
(such dates as We shall notify to you in writing) but in the case of unforeseen
circumstances such dates will only be approximate and not a fundamental part of
the agreement.
In the case of bespoke Goods and bespoke kitchen Contracts:
Time is NOT of the essence in this Contract.
We will not be liable for any consequential loss of any description, financial
or otherwise that may result from any Goods not being delivered or installed
on time.
Please note carefully the following:
If We refuse to deliver the Goods, you may treat the Contract as being at an
end and We will reimburse you without undue delay.
If the event in sub-Clause 7.11 occurs you may, instead of treating the Contract as
being at an end, specify a new delivery time or time period. If We continue to fail to deliver
the Goods, you may treat the Contract as being at an end and We will reimburse you
without undue delay.
If, despite the events in sub-Clause 7.11 and 7.12, you choose not to treat the
Contract as being at an end, your right to cancel your Order or to reject the Goods will be
unaffected. If you do so, We will reimburse you without undue delay.
If the Goods form a Commercial Unit, you may only reject or cancel all of the Goods,
not a portion of them.
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By law, We must provide goods that are of satisfactory quality, fit for purpose and as
described at the time of purchase, in accordance with any pre-contract information
We have provided, and that match any samples or models that you have seen or
examined. (Where we are unable to provide a particular model number of appliance
we reserve the right to supply a similarly priced product, in quality and
specification). If any Goods you have purchased do not comply and, for example,
have faults or are damaged when you receive them, or if you receive incorrect
Goods, please contact Us as soon as reasonably possible to inform us of the fault,
damage or error, and to arrange for a refund, repair or replacement. Please note
that if the Goods are incorrect as a result of your provision of incorrect information,
rather than them not matching Our description, as explained in sub-Clause 4.6, you
will not be able to return those Goods.
Beginning on the day that you receive the Goods (and ownership of them) you have
a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not
conform as stated above. If you do not wish to reject the Goods, or if the 30
Calendar Day period has expired, you may request that the Goods are repaired or
replaced. Within the first six months after you have received the Goods, you are
entitled to a repair or replacement unless We can prove that the defect was not
present at the time you bought the Goods. After the first six months, you must
prove to Us that the defect was present at the time of purchase in order to qualify
for a repair or replacement. We will bear any associated costs and will carry out the
repair or replacement within a reasonable time and without significant
inconvenience to you. In some cases, if repair or replacement is impossible or
otherwise disproportionate, We may instead offer you the alternative (i.e. a
replacement instead of a repair or vice versa) or a full refund.
If you request a repair or replacement during the first 30 Calendar Day period, that
period will be suspended while We carry out the repair or replacement and will
resume on the day that you receive the replacement or repaired Goods. If less than
7 Calendar Days remain out of the original period, it will be extended to 7 Calendar
Days.
If, after a repair or replacement, the Goods still do not conform (or if We cannot
repair or replace them, as described above, or have failed to act within a reasonable
time and/or without causing you significant inconvenience), you may have the right
either to keep the Goods at a reduced price, or to reject them in exchange for a
refund.
If you exercise this final right to reject the Goods more than six months after you
receive them (and ownership of them), we may reduce any refund to reflect the use
you have had out of the Goods.
Within a period of six years after you receive the Goods (and ownership of them), if
the Goods do not last a reasonable length of time (depending upon their nature),
you may be entitled to a partial refund. Please be remember that after six months
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have passed since you received the Goods, the burden of proof will be on you to
prove that the defect or non-conformity existed at the time of delivery.
Please note that you will not be eligible to claim under this Clause 8 if We informed
you of any faults, damage or other problems with the Goods before your purchase
of the them; if you have purchased the Goods for an unsuitable purpose that is
neither obvious nor made known to Us and the problem has resulted from your use
of the Goods for that purpose; or if the problem is the result of normal wear and
tear, misuse or intentional or careless damage. Please also note that you may not
return Goods to Us under this Clause 8 merely because you have changed your
mind. Please refer to Clause 9 for details of what to do if you change your mind.
To return Goods to Us for any reason under this Clause 8, you may do so in person
during Our business hours of 8:30am to 4:30pm or you may return them to Us by
post or another suitable delivery choice. [You may alternatively request that We
collect the Goods from you. Please ensure that the Goods are ready for collection at
the agreed time and location. We are solely responsible for collecting the Goods in
this case, however We may appoint a third party carrier to collect them in which
case We will provide you with all relevant details.] We will be fully responsible for
the costs of returning Goods under this Clause 8 and will reimburse you where
appropriate.
Refunds (whether full or partial, including reductions in price) under this Clause 8
will be issued within 14 Calendar Days of the day on which We agree that you are
entitled to the refund.
For full details of your rights and remedies as a consumer, please contact your local
Citizens Advice Bureau or Trading Standards Office.
If you are not satisfied with any non-bespoke Goods purchased from Us you have
the right to return them in exchange for a refund [or a replacement], subject to the
provisions of this Clause 9. This Clause 9 does not apply to Goods that are not in
compliance with your legal rights. For such Goods please refer to Clause 8.
This Clause 9 does not apply to bespoke Goods or Goods specially ordered in as a
third party intermediary at your request. Goods which We have produced,
manufactured, or altered to order for you cannot be returned or refunded if you
change your mind.
If you wish to return Goods to Us under this Clause 9 you must do so within 3 days
of taking delivery (or collecting them from Us), telling Us why you wish to return the
Goods.
All Goods must be returned to Us under this Clause 9 in their original condition, in
their original, un-opened packaging, un-fitted, accompanied by proof of purchase.
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You may return Goods to Us in person during Our business hours of 8:30am to
4:30pm or you may return them by post or another suitable delivery service of your
choice. You are solely responsible for the cost of returning Goods to Us under this
Clause 8.
You may request that We collect the Goods from you. Please ensure that the Goods
are ready for collection at the agreed time and location. We may charge you for
collecting Goods under this Clause 9.
Refunds or replacements will be issued to you immediately if you return Goods to Us
in person or within 30 days of Our receipt of the Goods if you return Goods to Us by
post or similar delivery service or if We collect the Goods from you.
Please note that this extended return period guarantee applies only to consumers
resident in the United Kingdom. The provisions of this Clause 9 are in addition to
your legal rights, not instead of them.
We will be responsible for any foreseeable loss or damage that you may suffer as a
result of Our breach of these Terms and Conditions or as a result of Our negligence
(including that of Our employees, agents or sub-contractors). Loss or damage is
foreseeable if it is an obvious consequence of Our breach or negligence or if it is
contemplated by you and Us when the Contract is created. We will not be
responsible for any loss or damage that is not foreseeable.
We only supply Goods for domestic and private use. We make no warranty or
representation that the Goods are fit for commercial, business or industrial use of
any kind (including resale). By making your Order, you agree that you will not use
the Goods for such purposes. We will not be liable to you for any loss of profit, loss
of business, interruption to business or for any loss of business opportunity.
Nothing in these Terms and Conditions seeks to exclude or limit Our liability for
death or personal injury caused by Our negligence (including that of Our employees,
agents or sub-contractors); or for fraud or fraudulent misrepresentation.
Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a
consumer. For more details of Your legal rights, please refer to Your local Citizens
Advice Bureau or Trading Standards Office
We will not be liable for any failure or delay in performing Our obligations where
that failure or delay results from any cause that is beyond Our reasonable control.
Such causes include, but are not limited to: power failure, internet service provider
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failure, strikes, lock-outs or other industrial action by third parties, riots and other
civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism
(threatened or actual), acts of war (declared, undeclared, threatened, actual or
preparations for war), epidemic or other natural disaster, or any other event that is
beyond Our reasonable control.
If any event described under this Clause 11 occurs that is likely to adversely
affect Our performance of any of Our obligations under these Terms and Conditions:
We will inform you as soon as is reasonably possible;
Our obligations under these Terms and Conditions will be suspended and
any time limits that We are bound by will be extended accordingly;
We will inform you when the event outside of Our control is over and
provide details of any new dates, times or availability of Goods as necessary;
If the event outside of Our control continues for more than six months. We
will cancel the Contract and inform you of the cancellation. Any refundsdue
to you as a result of that cancellation will be paid to you as soon as is
reasonably possible;
If an event outside of Our control occurs and continues for more than 6
months and you wish to cancel the Contract, you may do so in accordance
with your right to cancel under sub-Clause 5.4 above.
In certain circumstances you must contact Us in writing (when cancelling an Order,
for example). When contacting Us in writing you may use the following methods:
Contact Us by email at support@mastercraftkitchens.co.uk ; or
Contact Us by post at Mastercraft Kitchens, 1, Imperial Court, Exchange
Street East, Liverpool, L2 3AB
We always welcome feedback from Our customers and, whilst We always use all
reasonable endeavours to ensure that your experience as a customer of Ours is a
positive one, We nevertheless want to hear from you if you have any cause for
complaint.
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All complaints are handled in accordance with Our complaints handling policy and
procedure, available from support@mastercraftkitchens.co.uk and our website
respectively.
If you wish to complain about any aspect of your dealings with Us, please contact Us
in one of the following ways:
In writing, addressed to Judith Richards, After-Sales Manager, Mastercraft
Kitchens, 1, Imperial Court, Exchange Street East, Liverpool, L2 3AB
By email, addressed to Judith Richards, After-Sales Manager at
support@mastercraftkitchens.co.uk
All personal information that We may use will be collected, processed, and held in
accordance with the provisions of EU Regulation 2016/679 General Data Protection
Regulation (“GDPR”) and your rights under the GDPR.
For complete details of Our collection, processing, storage, and retention of
personal data including, but not limited to, the purpose(s) for which personal data is
used, the legal basis or bases for using it, details of your rights and how to exercise
them, and personal data sharing (where applicable), please refer to Our Privacy
Notice available from https://www.mastercraftkitchens.co.uk/privacy-policy/.
We may transfer (assign) Our obligations and rights under these Terms and
Conditions (and under the Contract, as applicable) to a third party (this may happen,
for example, if We sell Our business). If this occurs you will be informed by Us in
writing. Your rights under these Terms and Conditions will not be affected and Our
obligations under these Terms will be transferred to the third party who will remain
bound by them.
You may not transfer (assign) your [other] obligations and rights under these Terms
and Conditions (and under the Contract, as applicable) without Our express written
permission. Please note, however, that you can transfer the benefit of the extended
return period (guarantee) in Clause 9 without our consent.
The Contract is between you and Us. It is not intended to benefit any other person
or third party in any way and no such person or party will be entitled to enforce any
provision of these Terms and Conditions (except the benefit of the extended return
period (guarantee) in Clause 9).
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If any of the provisions of these Terms and Conditions are found to be unlawful,
invalid or otherwise unenforceable by any court or other authority, that / those
provision(s) shall be deemed severed from the remainder of these Terms and
Conditions. The remainder of these Terms and Conditions shall be valid and
enforceable.
No failure or delay by Us in exercising any of Our rights under these Terms and
Conditions means that We have waived that right, and no waiver by Us of a breach
of any provision of these Terms and Conditions means that We will waive any
subsequent breach of the same or any other provision.
.
You may submit an Order to Us for any of the Services on a digital Order form which
We will provide to You. The digital Order form will contain prompts for all required
information.
The required information to be inserted in the Order form will include the type of
Services You require and the location of the Property.
Once You have completed the Order and submitted it to Us, and We have discussed
Your requirements with You, and obtained any necessary further detail and
clarification of any matters from you, We will prepare and sign a Quotation in
duplicate and send it to You either by email or first class post.
Where Your Order requests Us to provide a Quotation for more than one type of
Services, We may issue a separate Quotation for each type of Services (i.e. Design,
Fitting, or Supply) and We may issue a separate Agreement to govern each such
separate Quotation that You accept.
The Quotation will set out the amount of the Quoted Price and the required Deposit
as a percentage of the Quoted Price. The Deposit will be 25% of the Quoted Price
(see Clauses 17 and 18).
You may accept a Quotation by signing Our digital Order Form or by agreeing to it in
writing and returning it to Us within 14 days, or within the limited time period
shown on the Quotation, from the date We issue the Quotation.
When (but not before):
You have signed the digital Order Form or returned a copy Quotation signed
and dated by You;
And / Or You have paid a Deposit;
a legally binding contract between You and Us will be created for You to pay the
Quoted Price and for Us to carry out the particular Services (as the case may be
either Design Services or Fitting Services or Supply Services) which are the subject of
the Quotation or Contract Order.
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We will then provide you with the signed duplicate to the Agreement and complete
any blanks (including the Quoted Price) in the Agreement in accordance with the
Quotation.
Where We provide Design Services, We will only be subject to provide a final
Quotation for Fitting Services once You have approved the Final Design referred
to in Schedule 1.
You must pay Us the Deposit not more than 7 days after You accept the Quotation.
Acceptance of a Quotation will be of no effect until We receive a Deposit.
17.3 The Deposit is non-refundable for a Bespoke kitchen Contract except as set
out in Clause 25.
The Quoted Price for any particular Services will be the Price payable for those
Services as shown in the accepted Quotation for those Services.
The Quoted Price is inclusive of VAT. If the rate of VAT changes before You accept
the Quotation We will adjust the amount of VAT that You must pay.
We will invoice the Deposit when We receive Your acceptance of the Quotation, and
We will invoice the balance of the Price at the stages set out in the Quotation, in
each case in the amount which the Quotation states is payable at that stage with a
retention payment payable upon completion of the Services.
You must pay any request for payment for an amount other than the Deposit
within 7 days of receiving it or by the time shown on that request.
We accept the following methods of payment:
Faster Payments Bank Transfer;
Credit or Debit Cards;
Cash
If You do not pay an invoice by the due date We may charge You interest on the
overdue sum at the rate of 4.0% above the base rate of National Westminster Bank
from time to time until payment in full is made. Interest will accrue on a daily basis
from the due date until the actual date of payment, whether before or after
judgment.
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If You have promptly contacted Us to dispute an invoice or request for payment,
in good faith We will notcharge interest while such a dispute is ongoing.
Additional terms and conditions will apply as follows. In addition to Clauses 1-22 of
these Terms and Conditions:
Schedule 1 will apply where We provide You with any Design Services;
and/or
Schedule 2 will apply where We provide You with any Fitting Services;
and/or
Schedule 3 will apply where We provide You with any Supply Services.
We will provide the Services in accordance with the specification set out in the
accepted Quotation and the Agreement (as amended by agreement between You
and Us from time to time).
We will ensure that the Services are performed with reasonable care and skill and to
a reasonable standard which is consistent with best trade practice.
We will ensure that We comply with all relevant codes of practice and statutory or
regulatory requirements.
We will at all times hold a valid employer and public liability insurance policy and will
hold and keep up to date any and all licences or permits as may be required in order
to provide the Services.
In addition to any statutory rights which You may have, We guarantee that the
installation work We carry out will be free from material defects or flaws for a
guarantee period of 12 months following completion of the Services.
If any such material defect or flaw appears during the above guarantee period, We
will rectify it free of charge.
We always use reasonable efforts to ensure that Our provision of the Services is
trouble-free. If, however, there is a problem with the Services We request that You
inform Us as soon as is reasonably possible (You do not need to contact Us in writing
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in this case). We will use reasonable efforts to remedy problems with the Services as
quickly as is reasonably possible and practical.
We will not charge You for remedying problems under this Clause 20 where the
problems have been caused by Us. If We determine that a problem has been caused
by incorrect or incomplete information or action provided or taken by You, We may
charge You for remedial work. If We determine that a problem has been caused by
a Third Party Contractor, We will not carry out any remedial work and instead will
inform You of the problem which You may then follow up with the Third Party
Contractor in question.
As a consumer, You have certain legal rights with respect to the purchase of goods
or services. For full details of your legal rights and guidance on exercising them, it is
recommended that You contact your local Citizens Advice Bureau or Trading
Standards Office. If We do not perform the Services with reasonable skill and care,
You have the right to request repeat performance or, if that is not possible or done
within a reasonable time without inconvenience to You, You have the right to a
reduction in price. If the Services are not performed in line with information that
We have provided about them, You also have the right to request repeat
performance or, if that is not possible or done within a reasonable time without
inconvenience to You (or if Our breach concerns information about Us that does not
relate to the performance of the Services), You have the right to a reduction in price.
If for any reason We are required to repeat the Services in accordance with Your
legal rights, We will not charge You for the same and We will bear any and all costs
of such repeat performance. In cases where a price reduction applies, this may be
any sum up to the full Price and, where You have already made payment(s) to Us,
may result in a full or partial refund. Any such refunds will be issued without undue
delay (and in any event within 14 calendar days starting on the date on which We
agree that You are entitled to the refund) and made via the same payment method
originally used by You unless You request an alternative method. In addition to your
legal rights relating directly to the Services, You also have remedies if We use
materials that are faulty or incorrectly described.
Except where We only provide Design Services:
If any consents, licences or other permissions are needed from any third parties such
as landlords, planning authorities, local authorities or similar, You are responsible for
obtaining them and You warrant that You have applied for and obtained all such
consents, licences or other permissions before We contract with You for the Services.
You may either give Us a set of keys to the Property or be present at the Agreed Times
to give Us access. We promise that all keys will be kept safely and securely by Us.
You must give Us at least 48 Hours notice if You do not require Us to provide the
Services on a particular day or at a particular time. We will not invoice You for
cancelled Visits provided such notice is given. If less than 48 Hours notice is given We
will invoice You at Our Normal Hourly Rate set out in Schedule 2 for the length of time
We would have attended for that cancelled Visit.
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Where We or You identify that in order to implement the Project, there are services
or products needed in addition to the Services, the following will apply.
We acknowledge that You may decide to appoint Third Party Contractors to carry
out those additional services. It will be Your decision as to whether to appoint any Third
Party Contractor(s) and as to which Third Party Contractor(s) to appoint. We will not be
involved in the appointment of such Third Party Contractors. If You choose to appoint a
Third Party Contractor, the contract in that case will be between You and the Third Party
Contractor. We will not be a party to that contract.
Where We are required to cooperate with any Third Party Contractor(s), We will use
reasonable efforts to do so and to ensure that the Services are provided in
accordance with the Agreement.
We will require You to use reasonable efforts to keep Us informed of the progress of
the Project and in particular the activities of any Third Party Contractor(s) whose
work may affect Our provision of the Services (whether adversely or otherwise). If
Our provision of the Services is delayed by any Third Party Contractor(s), We will
have the right to charge You at Our Normal Hourly Rate set out in Schedule 2 for the
length of time We are delayed by the Third Party Contractor(s) concerned.
We always welcome feedback from Our customers and, while We always use all
reasonable endeavours to ensure that Your experience as a customer of Ours is a
positive one, We nevertheless want to hear from You if You have any cause for
complaint.
All complaints are handled in accordance with Our complaints handling policy and
procedure, available from support@mastercraftkitchens.co.uk .
If You wish to complain about any aspect of Your dealings with Us, please contact Us
in one of the following ways:
In writing, addressed to The Contracts Manager, Mastercraft Kitchens, 1,
Imperial Court, Exchange Street East, Liverpool, L2 3AB
By email, addressed to The Aftersales Manager,
support@mastercraftkitchens.co.uk;
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If You ask Us to change the Start Date ,we will where reasonably possible agree a
revised Start Date with You.
If We ask You to change the Start Date, you should agree where reasonably possible
a revised Start Date with Us
You may terminate the Agreement with immediate effect by giving Us written
notice only if We have breached the Agreement in any material way and have
failed to remedy that breach within 90 days of You asking Us in writing to do so;
We enter into liquidation or have an administrator or receiver appointed
over Our assets;
We are unable to provide the Services due to an event outside of Our
control (see Clause 29).
We may terminate the Agreement with immediate effect by giving You written
notice if:
You fail to make any payment on time as required under Clause 18 (this
does not affect Our right to charge interest on overdue sums under sub-
Clause 18.6);
You have breached the Agreement in any material way and have failed to
remedy that breach within 60 days of Us asking You in writing to do so;
or
You and We have been unable to agree a revised Start Date under Clause
24.1;
We have been unable to provide the Services for more than 24 weeks due to
an event outside of Our control (see Clause 29).
For the purposes of this Clause 27, a breach of the Agreement will be considered
‘material’ if it is not minimal or trivial in its consequences to the terminating party.
In deciding whether or not a breach is material no regard will be had to whether it
was caused by any accident, mishap, mistake or misunderstanding.
If at the termination date:
You have made any payment to Us, apart from the Deposit, for any Services
We have not yet provided, these sums will be refunded to You as soon as is
reasonably possible, and in any event within 14 calendar days of the
termination notice;
We have provided Services that You have not yet paid for, the sums due will
be deducted from any refund due to You or, if no refund is due, We will
invoice You for those sums and You will be required to make payment in
accordance with Clause 18.
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If the Agreement is terminated for any reason:
Any Clauses which, either expressly or by their nature, relate to the period after the
expiry or termination of the Agreement will remain in full force and effect.
Termination will not remove or reduce any right to damages or other remedy which
either You or We may have in respect of any breach of the Agreement which exist at
or before the date of termination.
Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing Our obligations under
theAgreement where the failure or delay results from any cause that is beyond
Our reasonable control. Such causes include, but are not limited to: power
failure, internet service provider failure, strikes, lock-outs or other industrial
action by third parties, riots and other civil unrest, fire, explosion, flood, storms,
earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war
(declared, undeclared, threatened, actual or preparations for war), epidemic or
other natural disaster, or any other event that is beyond Our reasonable control
.
If any event described under this Clause 28 occurs that is likely to adversely
affectOur performance of any of Our obligations under the Agreement :
We will inform You as soon as is reasonably possible;
Our obligations under the Agreement will be suspended and any time
limitsthat We are bound by will be extended accordingly;
We will inform You when the event outside of Our control is over
andprovide details of any new dates, times or availability of
Services as necessary;
You or We may terminate the Agreement (see Clause 24).
We will maintain suitable and valid insurance including public liability insurance.
Subject to the following provisions of this Clause 29, We will be responsible for any
foreseeable loss or damage that You may suffer as a result of Our breach of the
Agreement or as a result of Our negligence. Loss or damage is foreseeable if it is
an obvious consequence of the breach or negligence or if it is contemplated by
You andUs when the Agreement is entered into. We will not be responsible for
any loss or damage that is not foreseeable.
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If We cause any damage to the Property, We will make good that damage at no
additional cost to You. We are not responsible for any pre-existing faults or
damagein or to Your Property that We may discover while providing the
Services.
We provide Services for domestic and private purposes only. We make no
warrantyor representation that any Services are fit for commercial, business or
industrial purposes of any kind. We will not be liable to You for any loss of
profit, loss of business, interruption to business or for any loss of business
opportunity.
Whilst We aim to provide the Services to You according to the timetable
specified inthe Agreement, dates and timeframes for delivery for Products and
carrying out the Services are provided for guidance only and We do not
guarantee that the Services will be performed or completed by or within those
or any other dates or timeframes. For the purposes of the Agreement, time shall
not be of the essence and We will not be liable for any loss or damage You suffer
as a result of the deliveryof any of the Services being delayed or postponed for
any reason.
We will not be liable for any accommodation costs, costs of storage of
furniture, orany other expenses You suffer arising from provision of the
Services.
We will not be liable for any loss or damage You suffer which results from
Yourfailure to follow any reasonable instructions given by Us.
Except as to Our liability for the cost of Our complying with sub-Clause 18.3
(whichshall not be limited), Our total liability for loss or damage caused as a
result of Our negligence or breach of the Agreement is limited as follows. Where
the Agreementrelates to:
Design Services, Our total liability shall be limited to an amount equal to
thatpart of the Price chargeable for the Design Services;
Fitting Services, Our total liability shall be limited to an amount equal to
thatpart of the Price chargeable for the Fitting Services;
Supply Services, Our total liability shall be limited to an amount equal to
thatpart of the Price chargeable for the Supply Services.
Nothing in the Agreement is intended to or will limit or exclude Our liability
fordeath or personal injury caused by Our negligence or for fraud or
fraudulent misrepresentation.
As a “consumer” as defined by the Consumer Rights Act 2015, or as a consumer
for the purposes of any other consumer protection legislation, nothing in the
Agreement is intended to or will exclude, limit, prejudice, or otherwise affect
any ofOur duties or obligations to You, or Your rights or remedies, or Our
liability to You, under:
the Consumer Rights Act 2015;
the Regulations;
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the Consumer Protection Act 1987; or
any other consumer protection legislation,
as that legislation is amended from time to time.
For more details of Your legal rights, please refer to Your local Citizens’ Advice
Bureau or Trading Standard Office.
All personal information that We may use will be collected, processed, and held
in accordance with the provisions of EU Regulation 2016/679 General Data
ProtectionRegulation (“GDPR”) and Your rights under the GDPR.
For complete details of Our collection, processing, storage, and retention of
personal data including, but not limited to, the purpose(s) for which personal
data isused, the legal basis or bases for using it, details of Your rights and how to
exercise them, and personal data sharing (where applicable), please refer to Our
Privacy Notice [available from https://www.mastercraftkitchens.co.uk/privacy-
policy/
Other Important Terms
We may transfer (assign) Our obligations and rights under the Agreement to a
third party (this may happen, for example, if We sell Our business). If this occurs
We will inform You in writing. Your rights under the Agreement will not be
affected and Ourobligations under the Agreement will be transferred to the
third party who will remain bound by them.
You may not transfer (assign) Your obligations and rights under the
Agreement without Our express written permission (such permission not to
be unreasonablywithheld).
The Agreement is between You and Us. It is not intended to benefit any other
person or third party in any way and no such person or party will be entitled
toenforce any provision of the Agreement.
If any provision of the Agreement is held by any competent authority to be
invalid orunenforceable in whole or in part, the validity of the other provisions of
the Agreement and the remainder of the provision in question will not be
affected.
No failure or delay by Us or You in exercising any rights under the Agreement
meansthat We or You have waived that right, and no waiver by Us or You of a
breach of any provision of the Agreement means that We or You will waive any
subsequent breach of the same or any other provision.
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Regulations and Information
We are required by the Regulations to ensure that certain information is given or
made available to You as a Consumer before We make Our contract with You
(i.e.
before You have both signed the Agreement and accepted the Quotation) except
where that information is already apparent from the context of the transaction. We
have included the information itself either in the Agreement or Quotation for You to
see now, or We will make it available to You before We and You sign the Agreement
and accept the Quotation. All of that information will, as required by the
Regulations, be part of the terms of Our contract with You as a Consumer.
As required by the Regulations:
all of the information described in sub-Clause 32.1; and
any other information which We give to You about any Services or Us or
Ourbusiness which You take into account when deciding to sign the
Agreement and accept a Quotation or when making any other decision
about Services,
will be part of the terms of our contract with You as a Consumer.
These Terms and Conditions, the Contract, and the relationship between you and Us
(whether contractual or otherwise) shall be governed by and construed in
accordance with the law of England & Wales.
As a consumer, you will benefit from any mandatory provisions of the law in your
country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces
yourrights as a consumer to rely on those provisions.
Any dispute, controversy, proceedings or claim between you and Us relating to
these Terms and Conditions, the Contract, or the relationship between you and
Us (whether contractual or otherwise) shall be subject to the jurisdiction of the
courtsof England, Wales, Scotland, or Northern Ireland, as determined by your
residency.
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The following additional Terms and Conditions apply where We provide You with any Design
Services
We will talk to You about Your requirements at an initial consultation. (If You wish to factor any
critical aspect into the design of the Kitchen, You should identify this to Us at that consultation. If
you have a preference for the position and/or style of your sink and/or cooker and/or hob and/or
fridge or any other items, You should also identify this to Us at the same time.) If You describe Your
Kitchen space and/or give Us any rough measurements at that consultation, We will give You a
general assessment of that space at the consultation.
Our Site survey and measurements of Your Kitchen
We will then carry out a site survey and take measurements of Your Kitchen but We will not carry
out any structural survey or offer or provide opinions or advice structural or other building related
matters. We will then give You a report of the survey and measurements. We will be responsible for
the accuracy and completeness of that report except as follows. Where building or other works by
Your builders / contractors are yet to be started or completed but You nevertheless require Us to
carry out Our survey, take measurements, and provide a survey report before completion of those
works, You agree that the following shall apply:
You will be responsible to ensure that your builders / contractors adhere to the measurements
and other material features covered by Our survey report.
If We have correctly and accurately both carried out the survey and taken measurements of
the Kitchen, and Your builders / contractors then complete their works but they have not
adhered to the measurements and other material features covered by Our survey report,
there might as a result be material differences between the finished Kitchen space and the
details set out in Our survey report, in particular because walls / surfaces / floors / ceilings /
doors / windows may have been unknown / not completed when We carried out the survey
or took the measurements.
If there are any such material differences, You agree that You will bear any additional costs
and expenses arising from them.
Those additional costs and expenses might include Our additional charges for altering the
design of/redesigning the Kitchen and for any additional necessary Visits, or, where we
provide Fitting and/or Supply Services and We order or supply materials or products which,
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due to the material differences, are of the wrong size, type, or number, those additional costs
and expenses might include any additional price for Our supply of products, Our additional
charges for altering, re-making or replacing those materials or products or other error
rectification work, and Our additional charges for any additional necessary Visits.
All such additional charges shall be at Our standard hourly rate of £40.
If You do not wish to accept the risk of such material differences occurring or the costs and
expenses arising from them, You must allow Us to defer carrying out Our site survey and taking
measurements until after Your building and any other works are complete.
OR
No site survey or measurements of Your Kitchen by Us.
The Design Services will not include carrying out a site survey or taking measurements of Your
Kitchen or carrying out any structural survey or offering or providing opinions or advice about
structural or other building related matters. You therefore agree that the following shall apply:
In addition to giving Us measurements of the Kitchen, You must give Us all relevant
information about the Kitchen, including details of room layout, location of doors, windows,
any low ceilings, variation in floor level, and any nibs or boxed-in pipework that may affect the
area which might be covered by kitchen cabinets or other items to be fitted.
Unless We agree otherwise, We require all of the information and measurements to be shown
on a two-dimensional drawn plan provided by You to the extent that it is practicable to provide
information and measurements in the form of such a plan.
We will work exclusively from the information about and measurements of the Kitchen that
You or Your appointed agent give Us.
You will be solely responsible for the correctness of all such information and measurements.
In providing the Design Services and any other Services, We will not check, and will not be
responsible for checking, that information or those measurements and We will accept no
liability for material errors in such information or measurements.
Where such information or measurements is/are materially incorrect and as a result Our
design is inappropriate for the Kitchen space in any material respect, or, where we provide
Fitting and/or Supply Services, We order or supply materials or products whose size, type, or
number is wrong as a result of Us using that materially incorrect information or
measurements, You agree that You will bear any resulting additional costs and expenses.
Those additional costs and expenses might include Our additional charges for altering the
design of/redesigning the Kitchen, or, where we provide Fitting and/or Supply Services and
We order or supply materials or products of the wrong size, type, or number, those additional
costs and expenses might include any additional price for Our supply of products, Our
additional charges for altering, re-making or replacing those materials or products or other
error rectification work, and Our additional charges for any additional necessary Visits.
All such additional charges shall be at Our standard hourly rate of £40.
If You are having relevant building or other works carried out to the Kitchen and those works
are only to be completed after You give Us information about or measurements of the Kitchen,
there will be a risk that that information or measurements will be materially incorrect (in
particular because walls / surfaces / floors / ceilings / doors / windows may be unknown /
unfinished at that time so that You cannot compile accurate measurements or complete and
accurate information). You should therefore instead defer giving Us that information or
measurements until after all relevant building or other work is complete, and if You do not
defer doing so, You accept the risk that You may incur additional costs and expenses as
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outlined above.
After We have the measurements of Your Kitchen and given You a survey report, We will produce a
Provisional Design in writing for the Kitchen and send it to you. The Provisional Design may include
alternative suggestions between which you may choose. The Provisional Design will include the
following elements:
Description and details of the Design
Floor plan for the re-design of the room
Elevations
Worktop Plan
List of types of parts required for the Design (cabinets, appliances, parts etc.)
Photo-realistic 3D visuals
The Provisional Design will also include an approximate budget for its implementation by Us but it will
only be indicative because an exact budget cannot be produced until You have approved a Final Design
and We have given You figures for a Quoted Price for the necessary Fitting and/or Supply Services. If
You instead intend to engage any third party/ies to implement the Final Design (or an version of a
Provisional Design), You should not treat the approximate budget as even indicative of possible costs
of implementation.
The Provisional Design will only be Our interpretation of Your requirements based on initial
information. It will be Our initial suggestions for design of the Kitchen, and it is intended to form the
basis for further discussion with You and to be subject to subsequent changes to meet Your
requirements. The initial and any subsequent versions of Provisional Design will not be final or
suitable for use for the purpose of providing any Fitting and/or Supply Services or for You to carry
out (or arrange to carry out) any similar works.
Once You have considered the Provisional Design We will then develop it through further discussions
with You and receipt of any further information or requirements from You. We may, as part of that
process, provide You with further suggestions, information and/or materials.
Only when We have confirmed in writing to You that a particular version of the Provisional Design
that we have issued to You is final and You have also signed it to indicate Your approval of it, will it
become the Final Design which can be implemented.
All versions of Our Provisional Design and all designs, illustrations, descriptions or other items
contained in either any sales literature or other material or on our website are only intended to be for
general illustrative purposes and We do not represent, warrant or undertake that the Final Design will
include or match anything in any such items.
When You to sign off a Provisional Design as the Final Design, it will supersede and replace all versions
of Our Provisional Design and all information, materials and requirements which You or We have
previously communicated to each other.
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Once You have signed-off a final Provisional Design as the Final Design, We will not be responsible if
the Final Design does not fully and correctly reflect Your requirements. Therefore, if You are unsure
of any aspect of the design, measurements or any technical or other aspect of the design contained
in the final Provisional Design, You should raise any query with Us to enable Us to have an
opportunity to clarify any Matter and/or amend that final Provisional Design if it is necessary to do
so. When You sign the final Provisional Design, that will be Your approval of it and Your confirmation
that it meets Your requirements. The Final Design as approved by You will form the basis of any
Fitting and/or Supply Services that We provide to You. When You sign the Final Design that will be
completion by Us of the Design Services.
Any intellectual property rights in any and all parts of any draft or final Provisional Design, Final
Design or any other items or information which We give to You in hard copy or electronic form at
any time shall at all times remain Our exclusive property. You or someone on Your behalf may use
any such items or information for the sole purpose of implementing Our design for Your Kitchen but
You may not copy, reproduce or communicate to any third party any such item or information or use
it for any other purpose without Our prior written consent.
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The following additional Terms and Conditions apply where We provide You with any Fitting
Services
If You order Fitting Services and We produce a final Provisional Design which You then approve as the
Final Design by signing a copy of it, We will then carry out the Fitting Services provided that you comply
with your obligations under the Terms and Conditions.
If You (or a third party on Your behalf) produces a design for Your Kitchen, We will only provide Fitting
Services for You based on it if We specifically agree in writing to do so. If You ask Us to implement any
such design, You will need to provide Us with a detailed plan of it with Your Order and We will then
confirm in Our discretion whether We are prepared to implement it. (We may decide that We are not
able to do so or that Your plan lacks the necessary detail or is unsuitable.) If and when We are prepared
to implement it, We will issue a Quotation for Fitting Services based on Your detailed plan and will
treat it for the purposes of the Agreement as a Final Design (i.e. a design approved by You).
We undertake that We will fit the Products which We supply to You, if any, together with items
(whether appliances or other items) supplied by You, if any, which We have agreed are to be covered
by the Fitting Services.
We undertake that Our Fitting Services will fully and correctly implement the approved Final Design.
All Products that We use in the Fitting Services will match the Final Design, but We do not represent,
warrant or undertake that any such Products will match anything in any designs, illustrations,
descriptions or other items contained in either any of Our sales literature or in other material or on
our website. All of those designs illustrations, descriptions and other items are only intended to be for
general illustrative purposes.
We will do the following:
assemble, fit and install the kitchen cabinet Products (including interiors, doors, drawers,
handles, kickboards, cover panels, cornices and décor trim).
where You provide appliances which We have agreed to fit or We provide any appliances as
part of the Products, We will complete basic appliance installation if utilities such as gas,
electricity and water are already in place, but We are not responsible for the selection, supply,
suitability, condition or performance of any such appliances that We do not supply as part of
the Products.
where You supply any other items which We have agreed to fit, We will fit them but We are
not responsible for the selection, suitability, condition or performance of any such items.
fit the worktop/s (including cut-out and fitting for cooker tops, sinks, taps).
fit the sink and taps.
seal all joins and cut-outs. Unless We have specifically agreed otherwise in writing, We shall
select the sealant colour on the basis of what we deem most suitable.
Terms and Conditions for the Supply of Bespoke Goods and Services including Kitchen Design and Fitting.
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We may reasonably refuse to start work or We may suspend work where You do not comply with
your obligations under the Terms and Conditions. You will be responsible for any delays (and the
cost of any such delays) which arise as a result.
If it appears that any wall is incapable of holding any Product/s or other items that We are to fit, or
any utility supply or connection is unsafe, faulty, flawed or inadequate or of poor quality, We may
suspend work until You have had the necessary remedial works carried out.
Contents at the Property other than in the Kitchen
We will take all reasonable steps to protect Your furniture, furnishings and wall and floor coverings
in the Property (and that will include Our placing covers over them if and as reasonably practicable)
but We cannot take responsibility for any damage which is caused to those items if We have taken
such steps. We will not take responsibility for any damage occurring to any items that You leave in
place after We begin work where We have previously advised You that they are at risk and/or an
obstacle to our work and We have reasonably asked You to move them.
Contents in the Kitchen
We will not take responsibility for any damage occurring to any property that You leave in the
Kitchen after We begin work in it.
Damage to Kitchen
We will not be responsible for any damage that We cause to plastering, tiling, decoration, floor,
ceiling, door or window in the Kitchen resulting from Our removal of existing fitted cabinets,
appliances, lighting, fixtures, fittings or decorations in the Kitchen except where it is due to Our
negligence. Unless We have included under “Scope” above any work comprising plastering, painting,
papering, tiling, decoration, or ceiling, flooring, window or door removal or installation or other
work, We will not be responsible to carry out any such installation or work in the Kitchen.
Other damage
We will make good at Our own expense any damage that We cause in the course of carrying out the
Fitting Services to the plaster, floor, ceiling, walls, rendering or brickwork immediately surrounding
any area of the Kitchen, but We do not undertake to replace specialised finishes, such as artex, or
surrounding wallpaper or paintwork.
Terms and Conditions for the Supply of Bespoke Goods and Services including Kitchen Design and Fitting.
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You will be responsible for any cleaning and redecorating and the supply of a suitable waste skip (but
not removal of waste into the skip) which is necessary to the Kitchen after We have completed the
Fitting Services.
Except as set out above:
We will ensure that the carrying out of the Fitting Services does not cause any damage to
items at the Property, to the Property itself or to any items You provide for Us to fit; and
If it does cause any such damage We will make it good at Our own expense as soon as is
reasonably possible.
Structural or other defects
We do not accept any responsibility for any damage or costs arising to the Kitchen or any other part
of the Property resulting from structural or other defects in the Property. You must inform us of any
structural defects or anomalies at the Property which might affect or be affected by the Fitting
Services.
Security
We will, where necessary, provide temporary glazing and/or boarding to protect the interior of the
Kitchen from the elements. We will also advise You of any security risks associated with these
temporary materials.
Waste
You will arrange for a waste disposal skip or skips to arrange the safe and lawful disposal of
all waste generated or removed from the Property that results from Our provision of Fitting
Services.
You agree that, in addition to Your other obligations and responsibility under the Terms and
Conditions, You:
are responsible for ensuring before We begin any Fitting Services that, and You warrant that:
the Final Design complies with current building and council regulations, and that You
have obtained consents in relation to these regulations and agree that any costs
incurred in obtaining these consents will be payable by You.
You have applied for and obtained any consents, licences or other permissions if any
are needed from any third parties such as landlords, planning authorities, local
authorities or similar.
any appliance, accessory, component or other item supplied by You for Us to fit is
suitable for use with the Products and other items that We provide.
existing wiring, gas, water and waste pipe work within the Property is generally of a
legal and good workman-like standard,
You have located and advised Us of any hidden wiring or pipe work
must provide Us with all necessary technical details in writing of appliances and other items
Terms and Conditions for the Supply of Bespoke Goods and Services including Kitchen Design and Fitting.
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which You provide to Us to fit (including without limitation appliance dimensions) necessary
for their proper and safe installation.
must clear the Kitchen site of all furniture and property (other than items We are to fit) prior
to Us commencing work. This includes any old kitchen units or fixtures, except where We have
specifically agreed to remove and clear these.
allow us to store or keep in the Kitchen or elsewhere in or at the Property at times when we
are not carrying out the Fitting Services:
Our Products and materials that form part of the Supply Services; and
the tools and other equipment needed for the Fitting Services
accept and agree that:
once We have left any Products or materials at Your Property, they will be regarded
as delivered to You and You will be responsible for them and will account to Us for any
loss or damage to them except if We cause the loss or damage; and
You will be responsible to take care reasonable care of the tools and other equipment
and will account to Us for any loss or damage occurring to them due to Your negligence
or that of any other occupant of or visitor to the Property.
are responsible for ensuring that:
We have access through the Property and to the Kitchen at the Agreed Times and that
such access is and remains appropriate and adequate.
We have a parking permit (for a visitor to the Property) which We can use throughout
the time We are providing the Fitting Services if required or imposed by a local or other
authority.
We can access and use electrical power from electrical outlets (from normal 220/240
volt 3-pin sockets).
We can access and use water from a supply of hot and cold running water.
We can use your toilet and washing facilities.
We have and can use such facilities at the Property as may be reasonably necessary
for Us to carry out and complete the Fitting Services.
You follow Our reasonable instructions relating to safety and the state of either Our
work (whether it is work completed or in progress) or the Kitchen and adjacent areas
of the Property in general, including directions and restrictions on appropriate usage,
care and maintenance.
You co-operate with Us generally as may be necessary to facilitate Our carrying out
and completion of the Fitting Services.
Terms and Conditions for the Supply of Bespoke Goods and Services including Kitchen Design and Fitting.
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The following additional Terms and Conditions apply where We provide You with any Supply
Services
The responsibility (sometimes referred to as the “risk”) for damage to or loss of any Product remains
with Us until it has been physically delivered to Your Property at which point the risk will pass to You
(even if Product is fitted later).
Ownership and retention of ownership (“Title”) of Products
Until We have received payment in full in cash or cleared funds for any Product that We contract to
supply to You, the legal and beneficial Title in that Product shall remain in Us (even if risk in that
Product has passed to You). Upon payment for that Product, You will own it.
Our right to repossess Products not paid for by You
If We do not receive payment in cash or cleared funds of any properly issued invoice for any Product
within the time which the Agreement permits You to pay it, We shall be entitled to repossess that
Product without notice. If necessary, You must allow us to detach or remove that Product from any
other Product/s or item/s in or forming part of the Kitchen. You hereby irrevocably authorise Us to
enter Your Property for the purpose of exercising Our rights under this clause. This does not affect any
other rights You may have.
Terms and Conditions for the Supply of Bespoke Goods and Services including Kitchen Design and Fitting.