Contract and guarantee
In these Terms & conditions IN DESIGN KITCHENS LIMITED is referred to as the Company and the person signing the contract is referred to as the Customer.
1. General Terms:
Due to the current uncertain and fluctuating market caused by the Covid19 Pandemic, shortage of components / transport & ongoing supply issues some product delays are unavoidable. The Company will do everything it can to minimise these delays but cannot be held responsible should they occur and will not be responsible for any costs or time delays incurred by the Customer, their agents or their appointed contractors resulting from those delays. Any items that face delays cannot be cancelled as the orders would have already been placed and paid for in full by the Company.
1.1 This is a binding contract and all terms of this contract between the Company and the customer are contained in herein and no variation of these terms nor shall cancellation of this contract be considered unless a written request is received within seven days of the date of that contract being signed, however any reasonable costs incurred by the Company at that point will be deducted from any deposit held. Any oral representation or promises made by anyone other than a Director of the Company are expressly excluded.
1.2 If at the point of a pre installation survey the Company believes that satisfaction is not likely to be received, the Company reserves the right to cancel this contract and at that point any reasonable costs incurred will be deducted from any deposit held by the Company.
1.3 Representative samples, designs and showroom samples are used to demonstrate typical product, its composition and general appearance. The fittings and samples in the showroom are manufactured by individual companies and installed/supplied in the way the Company considers most suitable. In keeping with the Manufacturer’s/ Company policy of continuous improvements to its products, production, and installation methods, it reserves the right to make any necessary modifications without notice. We will use our reasonable endeavours to display as accurately as possible the colours of our products that appear on our Web Site, brochures and at our showroom. However, we cannot guarantee that the display of any colour will accurately reflect the colour of the actual product. You should be aware that the nature of some products we supply, for example colours, different finishes, timber and tiles, is that they naturally vary, and it may not always be possible to obtain an exact colour match, especially where orders are not made contemporaneously. We will do our best to be as accurate as possible in our all descriptions, however, please note that all sizes, weights, and measurements quoted must be treated as approximate. Any such products are issued or published solely to provide you with an approximate idea of the Goods and/or Services they describe. They do not form part of the contract between you, the Company or any other contract between you and us for the sale of the Goods and/or Services.
1.4 All fittings used are of the best Commercial Standards, but no guarantee is given or implied against minor imperfections, beyond that given by the manufacturer. No responsibility can be accepted by the Company for any damage once the installation / supply has been completed. The Company excludes liability for optical effects attributable to natural phenomena and where natural products are used colours & grain cannot be guaranteed to match.
2. Order confirmation:
2.1 These Conditions and the Order are considered by the Company to set out the whole agreement between the Customer and the Company for the supply of Goods and/ or Services. Please check that the details in the Order are complete and accurate before you commit yourself to the contract. If the customer believes that there is an error or wishes to make any changes to the order/ orders, any such request must be made in writing to the company/ designer. The Customer must read and understand these Terms and Conditions before signing an Order Confirmation as they form part of a legally enforceable agreement.
3. Value added tax (VAT):
The Company shall indicate the price inclusive of V.A.T on the order. If government instituted changes occur, it is the rate prevailing at the date of the invoice that will be charged.
4. Delivery & storage:
4.1 The Company only delivers to addresses within a 50-mile radius from our showroom at a fixed rate of £498 + VAT which includes delivery of goods and import duties/taxes from our suppliers in the EU to our warehouse provider, unloading and storage and re delivery to the customer’s address. For delivery addresses outside this 50-mile radius an additional fee will apply for delivery and will be given on request at time of order. If there are any changes to delivery addresses after a quotation has been issued, the company reserves the right to charge an additional delivery fee if the new address is outside a 50 miles radius. Time for performance of any obligations under any contract is not of the essence. In certain instances, i.e., exceptionally large kitchen deliveries or extremely heavy items, we may have to organise a 2-man Ground floor drop (ground floor only/ inside the building) and this will incur an extra £210.00 + VAT delivery charge.
4.2 The Customer will be notified of an approximate delivery time slot a day before the delivery is due and contacted on the day of delivery to give an approximate time frame.
4.3 The Customer (or their trusted representative) is responsible to ensure they are on site to receive & sign for delivery of all goods. Information/ details of any such trusted representative must be given in writing to the Company.
4.4 The Customer must notify the company of any changes to the agreed delivery or installation dates as soon as possible but no later than 8 weeks prior to delivery. Making any changes to an agreed delivery date might result in delays and the Company will only be able to secure the first available dates from the Company’s suppliers and installers.
4.5 Failure to give minimum of 8 weeks’ notice by the Customer will not result in delaying or affect final payment due dates or agreed delivery dates. However, for supply and installation customer the Installation date will get affected and the Company will do its best to allocate desired new dates by Customer, if this is not possible, the company will secure the first available date from the installers. The Customer, regardless of supply only or supply and installation, will then have the following two options:
(1) The Customer can choose to accept the goods on the agreed delivery date. In which case the Customer will be fully responsible to check and to ensure that all the goods are stored in a clean, secure, and dry environment. Any damages or missing items must be notified to the Company within 48 hours of accepting the delivery. Once delivered the goods become the responsibility of the Customer.
(2) On request and prior agreement, the Company can store the goods for up to 5 working days from the original delivery date as free of charge. After 5 working days, the Customer will be liable to pay approximately £190 plus VAT per week or part thereof as extra storage charge, depending on the weight and storage capacity required.
(3) Once again due to the current uncertain and fluctuating market caused by the Covid19 Pandemic, shortage of components / transport & ongoing supply issues some product delays are unavoidable. The Company will do everything it can to minimise these delays but cannot be held responsible should they occur and will not be responsible for any costs or time delays incurred by the Customer, their agents or their appointed contractors resulting from those delays. Any items that face delays cannot be cancelled as the orders would have already been placed and paid for in full by the Company.
4.6 Delivery dates mentioned in any Order Confirmation or agreed between the Company & the Customer (in writing or via any other document) are approximate only and not of any contractual affect. The Company shall not be liable for any delay in delivery howsoever caused. Late delivery of the Goods does not entitle the Customer to do any of the following: (1) Reject the Goods (2) Terminate the contract (3) Withhold any part of the Order.
4.7 The Company will be responsible for any damage to goods sustained during transit, but any damage caused to goods once delivery has been accepted by the customer will be the responsibility of the Customer. At point of delivery, goods should always be checked off and signed for by the customer. If not feasible, due to size of the order or other reasons, the Company require notification from the Customer of any shortages or any damaged goods within 48 hours of delivery. After 48 hours the Company is unable to accept any liability. Any costs incurred to reorder/ replace goods after 48 hours of delivery been accepted, will be chargeable.
4.8 The Customer shall be responsible for ensuring that the supply and fitting of the products complies with every applicable statue order in Council, regulation, or direction of Government, local or other authority and that the Customer has lawfully obtained every necessary licence, permit or authority required in connection therewith.
4.9 The Customer will give access to the premises to any member of the Company, its agents, contractors, and any other workmen all at reasonable times so that the Company may complete the installation / supply in accordance with this contract.
4.10 Any queries or disagreements with clients/ others that arise onsite will be dealt with by the salesperson and not the delivery team.
5. Installation: Kitchen – bathroom – bedroom – living spaces:
PLEASE NOTE BATHROOMS ARE PRODUCT SUPPLY ONLY. THE COMPANY DOES NOT CARRY OUT ANY FORM OF INSTALLATION OF BATHROOM PRODUCTS
5.1A PRIOR TO PLACING ANY BATHROOM PRODUCT ORDERS WITH THE SUPPLIERS, THE COMPANY WILL REQUIRE THE CUSTOMERS INSTALLERS TO VARIFY THAT THE PRODUCTS QUOTED ON THE INITIAL ORDER ARE SUITABLE FOR THE CUSTOMERS REQUIRMENTS AS IN DESIGN KITCHENS LIMITED ONLY SUPPLY BATHROOM PRODUCTS ON A SUPPLY ONLY BASIS. ONCE VARIFIED ANY PRODUCTS SUBSEQUENTLY ORDERED CANNOT BE RETURNED OR REFUNDED.
5.1B IN DESIGN KITCHENS LIMITED carry out DRY FITS ONLY ON KITCHEN PRODUCTS ONLY and do not carry out any other works (Including Gas, Electric, Plumbing, tiling or any building works whatsoever). If our DRY FIT INSTALLER is approached by customers and they subsequently carry out works other than THE DRY FIT ON THE CONTRACT, then IN DESIGN KITCHENS LIMITED takes no responsibility whatsoever for any works carried out by them and any works that are carried out do NOT form any part of the contract between the CUSTOMER or IN DESIGN KITCHENS LIMITED. The Company does NOT RECOMMEND ANY CONTRACTORS WHATSOVER, OTHER THAN TO DRY FIT THEIR PRODUCTS. (SEE CLAUSE 5.3 BELOW).
IN DESIGN KITCHENS LIMITED takes no responsibility for any payments, quality of workmanship, guarantees, future claims or any issues whatsoever caused by or resulting from any works subsequently carried out by our contactor/s other than when the Company carries out a DRY FIT for goods supplied by the Company.
IN DESIGN KITCHENS LIMITED DO NOT RECOMMEND ANY CONTRACTORS OUTSIDE OF THE DRY FIT OF THE KICTHEN PRODUCTS THE COMPANY SUPPLIES. The Company reserves the right to refuse to install ANY product if it deems that it is too dangerous to do so.
5.2 To be clear The Company do not carry out any structural or building works INCLUDING any GAS or ELECTRICAL installation, PLUMBING or TILING and will ONLY DRY FIT products supplied on the contract. PLEASE SEE CLAUSE 5.3 BELOW.
5.3 If the Company carries out a DRY FIT ONLY INSTALLATION (NO STRUCTURAL, BUILDING WORK, NO GAS, ELECTRICS, PLUMBING WORKS, TILING) the Installer will fit and connect appliances (plug in where applicable), excluding installation of wall or ceiling extractors, but will not carry out any electrical work or certify any electrics, plumbing or gas works. These will need to be certified by the Customer’s appointed qualified contractors. The Company reserves the right to refuse to install any product if it deems that it is too dangerous to do so.
5.4 The Company’s installers will not install any form of ducts or core drill holes through the walls/ ceilings. Should the Customer choose our DRY FIT INSTALLATION the Company will supply mechanical and electrical technical drawings for use by the Customer to assist their appointed contractors. These drawings are for guidance only. The Customer and their appointed contractor must ensure all details are checked and followed by them in accordance with manufacturer’s instructions and regulations. The Company reserves the right to refuse to install any product supplied by the Company if it deems that it is too dangerous to do so.
5.5 The Customer MUST ensure their nominated contractors are fully qualified and follow all current building control regulations as well as all current legislation including ALL Health & Safety Regulations ensure and any of their contractors are fully qualified to carry out Electrical, Gas and Plumbing works to ensure that installation can be carried out safely by the Company’s installers and to protect our installers whilst on site.
5.6 If the Customer requires any works other than the quoted goods for their kitchen, bathroom, living spaces or anything else, or the goods with the installation and approaches any subcontractor used by the Company for the purpose of obtaining quotes for any such other works, the Company will not take any responsibility for pricing or any works subsequently carried out and therefore the Company CANNOT RECOMMEND any contractor other than the DRY FITTING installation of the Companies own supplied products.
5.7 Any dates of commencement and completion of works are offered in good faith and are based on the position of the date of order. They are not guaranteed and could be subject to delays because of strikes, pandemics, accidents, government direction, force majeure, mechanical breakdowns, unavailability of materials and parts and other causes beyond the Company’s control. The Company will make all reasonable endeavours to start and complete works by the dates given but will not accept any liability for unforeseen delays whatsoever.
5.8 The Company will make good as best it can any minor damage caused during installation to the plaster; floor, rendering or brickwork immediately surrounding the but does not undertake to replace specialised finishes, such as artex, surrounding wallpaper or paintwork. The Company accepts no responsibility for any damage resulting from structural or other defects in the property at which the installation is carried out and will NOT pay ANY costs or claim by the customer for compensation for any damage or alleged damage by the Company for which it may or may not be liable under these terms and conditions. IF any issues arise IN DESIGN KITCHENS LIMITED must be made aware in writing to reach the Company within 7 days of completion of the installation/supply.
Time is of the essence and if such complaint or claim is not received within the said period of seven days the Company will accept no liability whatsoever.
5.9 Removal of personal belongings in any existing kitchens or any other rooms where works are being carried out or being used to store goods is the Customer’s responsibility. The Company shall not be liable for any consequential loss or damage should the existing kitchen / space not be completely clear of the Customers’ belongings.
5.10 When making good, any work resulting from installation, the Company will endeavour to match existing materials i.e., brickwork, floors, wall colours etc., but reserves the right to substitute other materials.
5.11 The Company shall only be responsible for the removal of waste materials associated with any DRY FIT ONLY that is detailed on the contract between the Customer and the Company.
5.12 SUPPLY ONLY ORDERS- Please note if the Company provides any products on a supply only basis to The Customer, then the customer MUST ensure that all measurements, plans, drawings, and any computer aided designs provided by the Company have been fully checked and agreed by both the Customer and their contractors installing the Company’s products prior to any order being placed with the Company.
It will be assumed by the Company that unless confirmed in writing via email to the Company prior to the order being placed by the customer that all these necessary checks have taken place by the Customer and their contractor and therefore the products are correct at time of order.
The Customer should be aware that when signing these terms and conditions they agree that all measurements, plans, drawings, and any computer aided designs supplied by the Company are correct and have been fully checked and any issues resulting from the Customer or the Customers contractors checking measurements and plans have been raised with the Company prior to placing any order via email.
Any subsequent issues arising from the Customer, or their contractor not checking the Company’s measurements, plans, drawings, and computer aided designs as per these terms and conditions prior to the order being placed will be the sole responsibility of the Customer and any costs that may result will NOT be the responsibility of the Company or its representatives.
6. Guarantee:
6.1 One-year guarantee on DRY FIT INSTALLATIONS ONLY takes effect from the completion of the installation QUOTED on the IN-DESIGN KITCHENS LIMITED CONTRACT, subject to payment in full having been received by the Company 21 days prior to delivery.
6.2 All fixtures such as furniture, sinks, taps, worktops, splashbacks, lights, mirrors, tiles, appliances, flooring, and all accessories are subject to individual guarantees provided by the manufacturers and are subject to replacement should a manufacturing fault occur, but this is carried out on a supply basis only. THE COMPANY DO NOT PAY ANY INSTALLATION OR ASSOCIATED COSTS resulting from a Guarantee claim.
6.3 The Guarantee is given in additional to and not in substitute of the Customer’s rights under the Common Law or any other statutory act.
6.4. The Guarantee is transferable, but only with the express consent of the Company for all furniture, or any other orders.
6.5 The Guarantee comes into effect immediately, on completion of the installation, provided that the full price has been paid, otherwise it is void. The terms and/ or conditions or the company’s guarantee does not affect or detract from the Customer’s statutory rights.
7. Payment terms:
7.1 Deposit: The company requires 40% of the overall order value (including VAT) deposit for Kitchens (orders above £15K, order below 15K require 50% deposit) and 50% of the overall order value (including VAT) deposit for Kitchens, Bathrooms and Living spaces (orders below 7K require full payment) as a deposit to be paid on the day the sale is agreed and contract signed.
7.2 Once the order confirmation / contract is signed between the Customer and the Company and the goods have been ordered and installer dates confirmed ANY DEPOSITS PAID ARE NON-REFUNDABLE.
7.3 Balance payment: The Company requires full payment of the remaining 60% or 50% of the overall order value (including VAT) to be paid 21 days prior to the agreed delivery date, subject to clause 4 above.
7.4 Payment is to be made to the company either by bacs, cash (subject to money laundering rules), cheque (CLEARED FUNDS 21 DAYS BEFORE DELIVERY TO SITE) or debit/credit card, in favour of IN DESIGN KITCHENS LTD. Please note the Company does not take payment via American Express.
7.5 Minor defects or matters requiring rectification which would normally be dealt with under the Company’s guarantee shall not be considered reasons for compensation.
8. On site requirements:
All Mechanical & Electrical drawings are there to assist the customer and are purely the suggested position of any switches, switched spurs, sockets, lights & power supplies. The customer must ensure their Main Contractor complies with all the relevant up to date building regulations, British Standards, and codes of practice & to inform IN DESIGN KITCHENS LMITED of any non-compliance.
Customers must confirm positions of any sockets, switched spurs, power supplies and switches with their Main contractor prior to IN DESIGN KITCHENS LIMITED commencing any works and ensure all works have been carried out in accordance with all regulatory requirements.
IN DESIGN KITCHENS LIMITED only carry out Dry Fit Installation (NO ELECTRICS, PLUMBING, GAS, plastering or tiling or any form of building works). The customers main contractor is to supply ALL electrical, water, ducting, and gas services as well as any associated building works to the location indicated on the plans at first fix.
It is important that NO fused spurs / plugs / sockets OR power supplies are located behind any product furniture or appliances.
The customers Main Contractor is responsible to make all final connections (electrical, water, gas and extractor ducting), and these must be carried out safely and within ALL regulations that appertain to such works. IN DESIGN KITCHENS DO NOT CARRY OUT ANY ELECTRICAL, PLUMBING, GAS WORKS, TILING OR ANY FORM OF BUILDING WORKS WHATSOEVER.
All flex outlets to have a 2-metre cable tail.
Any Suggested ducting must be supplied by main contractor, to be left with 1.5m loose flexi duct for connection to hood.
Core holes for ducting to be drilled by the customers preferred Main Contractor (NOT IN DESIGN KITCHENS LIMITED as IN DESIGN KITCHENS DO NOT CARRY OUT ANY FORM OF BUILDING WORK.)
Ceiling extractors are to be fitted by the customers own Main Contractor (NOT INDESIGN KITCHENS LIMITED as INDESIGN KITCHENS LIMITED WOULD NOT BE AWARE OF THE CEILINGS STRUCTURAL FORMAT).
All dimensions on drawings are from finished plaster and finished floor level (PLEASE ENSURE ANY FLOOR TILING IS CARRIED OUT PRIOR TO THE INSTALLATION OF ANY PRODUCTS).
All FLOOR FINISHES must be level, solid (not floating / timber) and fully finished prior to any IN DESIGN KITCHENS LIMITED DRY FIT INSTALLATIONS being carried out . ALL floor tiling is to be completed prior to the furniture or appliances being installed. IN DESIGN KITCHENS MUST BE INFORMED IN WRITING of the customers preferred FLOOR FINISH AT LEAST 6 WEEKS PRIOR TO DELIVERY to ensure our installation team is aware.
IN DESIGN KITCHENS LIMITED ONLY DRY FIT FURNITURE ON THE CUSTOMERS FINNISHED / COMPLETED FLOOR FINNISH AND IN DESIGN KITCHENS LIMITED WILL THEREFORE ASSUME ANY FLOOR FINNISH FOUND ON SITE ON THE DAY OF THE DELIVERY OF THE FURNITURE IS THE CUSTOMERS FINAL FLOOR FINNISH AND WILL TAKE NO RESPONSIBILITY FOR ANY ISSUES OR COSTS SHOULD THIS NOT BE THE CASE.
If the customer is having wooden floors, then IN DESIGN KITCHENS LIMITED must be informed during the design process and prior to quotation.
Any studwork including noggins are the responsibility of the customers Main Contractor and a minimum of 18 mm marine ply (or waterproof ply) is required to be secured on the stud work to hang wall units / reinforce cabinetry/worktops. IN DESIGN KITCHENS DO NOT CARRY OUT ANY FORM OF BUILDING WORK.
It is essential that the site environment is suitable for the delivery, installation or storage of the furniture being supplied. If we deem the site unsuitable, we will request that the fit date be postponed. Extra delivery / fitting charges will apply.
All water and gas stopcocks are to be in accessible locations.
No under floor heating is to be laid under any kitchen furniture or appliances.
Any boxings created by the customer, or their Main Contractor must be level and plumb in order that IN DESIGN KITCHENS LIMITED INSTALLATION TEAM can carry out the installation without any issues.
Any floor protection is the responsibility of the customers Main Contractor and IN DESIGN KITCHENS LIMITED take no responsibility for any damages to any floor finish.
If any finish, measurements, or levels are not within tolerance and IN DESIGN KITCHENS LIMITED have NOT been informed in writing prior to the commencement of works of any such issues and this results in the furniture, appliances or worktops not being able to be installed correctly then any subsequent cost associated with any incorrect finish. measurement or levels WILL NOT BE THE RESPONSIBILITY OF IN DESIGN KITCHENS LIMITED.
If IN DESIGN KITCHENS LIMITED incur any costs due to any of the above, then the customer is liable to pay those associated costs.
9. Jurisdiction and law:
Any disputes arising out of these terms and conditions will be dealt with exclusively by the Courts of England and Wales and will be exclusively subject to English law only. IN DESIGN KITCHENS LTD registered address is EUROPA HOUSE, Goldstone Villas, Hove, East Sussex, BN3 3RQ.
