KITCHEN KIT CONDITIONS OF SALE
In these conditions The seller refers to Kitchen Kit Ltd or any associated company and The Customer refers to the purchaser of goods under these conditions.
Every contract of sale between the seller and the Customer is subject to these conditions. No variation of these conditions shall be effective unless expressly made in writing by the seller.
Law and Jurisdiction
These conditions and the contract shall be subject to and construed in all respects in accordance with English Law and any legal proceedings that may arise shall be bought in the appropriate Courts in England.
The sellers employees are not authorised to make representations as to the life or wear of the goods supplied or that they will be suitable for any particular purpose or for use under any specific conditions. The seller hereby excludes any oral representations.
- The seller shall not be liable for any failure or delay in delivery and any date for delivery given must be considered an estimate.
- Time of delivery of goods is not to be of the essence of any contract between the Seller and Customer.
- Delivery shall be deemed completed when the goods are on the Customers premises.
- Unless contracted otherwise the Seller is not responsible for the unpacking of the goods, or the disposal of the packaging.
- It is the responsibility of the Customer to ensure the goods are of suitable dimensions to transport and fit into the designated area.
- All goods delivered to the Customers premises and accepted by the Customer remain the sole responsibility of the Customer and the Seller shall not be liable for any loss or damage to the goods thereafter including when installation works are in course and remain to be carried out.
Storage of Goods
Unless pre-arranged otherwise the Seller will store goods for a maximum of two weeks. Following this period the Seller reserves the right to charge at its sole discretion a storage fee.
Damaged, Defective or Unsuitable Goods
- All shortages, faults or misdelivery of goods must be noted on the delivery note. Failing this the Seller shall have no liability under any circumstances for subsequent claims.
- All damages of unpacked goods must be reported on delivery. All damages of packaged goods must be reported within 24 hours of delivery. The Seller will accept no liability for any subsequent claims.
- It is the responsibility of the Customer to ensure that the goods are suitable for the use they will be put to; this includes dimensions, colour, style and features.
- The seller will accept any goods that are unsuitable for return as long as they are in the original undamaged packaging, un used, un damaged, and if returned to the seller at the customers cost to the sellers main trading address.
Cancellation of Order
The seller expressly reserves the right not to accept any cancellation of an order by the Customer. If cancellation is accepted then the Seller reserves the right to impose at its sole discretion a cancellation charge which shall be payable by the Customer on demand.
Cancellation by the Seller
The Seller has the right forthwith to determine any order or notice in writing in the event or the occurrence of any of the forthcoming events.
- If the Customer commits any breach of the Customers obligations to the Seller; or
- If any distress or execution is levied on the Customer, his property or assets; or
- If the Customer makes or offers to make any arrangements or composition with creditors; or
- If the Customer commits any act of bankruptcy; or
- If any petition or receiving order in bankruptcy is presented or made against the customer; or
- If the Customer is a Limited Company, any resolution or petition to wind up the Company is passed or presented, if an administrative receiver is appointed or if the Customer enters into administration or another similar process; or
- If a receiver of the Customers undertaking property or assets or part thereof is appointed; or
- If any goods in the Sellers opinion are not suitable for the Customers requirements; or
- If any goods cannot, in the Sellers opinion, be obtained within a reasonable time of being ordered.
Terms of Payment
- The total amount of all invoices shall be payable in full prior to Order, or if agreed on delivery or collection of goods, excepting those with credit accounts, and those for purchases of kitchen furniture,(which have a strict payment schedule as set out in (g) below
- Credit account Customers shall pay the full amount of invoices within 30 days nett.
- Credit account Customers must not exceed their allocated credit limit unless verified in writing. In the event that this occurs the total of all the monies due to the Seller shall become payable immediately.
- Interest is charged on all overdue accounts without exception, at the rate of 4% above National Westminster Bank base rate until paid for in full.
- Credit accounts not used for a period of 6 months will be closed and only re-opened after the Seller takes up new references.
- Credit accounts may be suspended or closed by the Seller at any time.
- Payment terms for Kitchen Furniture invoices are 50% of the total cost on order date, 45% payable 14 days before confirmed delivery date, remaining 5% on completion,(if fitting option taken) or 7 days after the completion of delivery. Delivery completion is when all items on the order have been delivered.
Retention of Title
The ownership of goods supplied and delivered by the Seller to the Customer shall not pass to the Customer and shall be retained by the Seller until the Customer has paid all the payments due to the Seller in respect of all outstanding contracts between the Seller and the Customer. Upon written demand by the Seller to the Customer any goods for which the Seller has not received payment in full shall be returned to the Seller. The Customer hereby gives irrevocable licence to the Seller and/or anybody with the Sellers authority to enter onto any premises of the Customer for the purpose of removing any such goods.
Customers Goods placed in our Custody creating Bailment
Customer Goods left in our custody for repair or otherwise will be disposed off after a minimum period of 3 calender months from date of handover/collection if they have not been collected or return arranged.
Before we do so we will follow this procedure:
- A period of not less than 3 calendar months has elapsed since the original date of handover.
- Kitchen Kit Ltd has served written notice by registered post to the last known address or the Bailor giving notice of the intention to dispose of the goods.
- Kitchen Kit Ltd gives notice of how to prevent such action being taken (ie to say pay this amount within 14 days of the notice),
- Kitchen Kit Ltd gives notice of how they intend to dispose of the goods, i.e. via auction, for scrap metal, or otherwise.
If you are not entirely satisfied with any transaction with Kitchen Kit Ltd, and all efforts by Kitchen Kit Ltd to resolve have failed, we have an agreement with Small Claims Mediation Limited to resolve by way of mediation. Please see links below:-
Small Claims Mediation (UK) Ltd is a company registered in England and Wales under company number 08400025.
Business address: PO Box 10352, Oakham, Rutland LE15 0SY
Contact 0800 1670700