Sister company to Top Joints Construction
VAT Registration Number: 123 9916 03
Unit 10 Trident Business Park Chichester Road Selsey West Sussex PO20 9DY
Please read carefully before signing our contract.Legal Information 1.DEFINITIONS
1.1 “Seller” design-my-kitchen, whose registered office is Unit 10,
Trident Business Park Chichester Rd Selsey West Sussex PO20 9DY
1.2 “Buyer” means the person who buys or agrees to buy goods from the Seller.
1.3 “Goods” means the articles which the Buyer agrees to buy from the Seller.
1.4 “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.5 “Contract” means the contract between the Buyer and the Seller for the supply of Goods subject to the Conditions.
2.1 These Conditions shall apply to all Contracts to the exclusion of all other terms and conditions including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order, or similar document.3.QUOTATIONS AND SAMPLES
3.1The prices, quantities and delivery times stated by the Seller are not binding on the Seller although the Seller makes all reasonable efforts to achieve these commercial estimates.
3.2 Any samples given by the Seller correspond with the Goods as far as is reasonably possible however this is not a sale by sample and the samples are not to be treated as forming part of the Contract.
4.1 Orders are accepted by the Seller subject to availability of Goods.
4.2 Orders taken by telephone will not be accepted unless confirmed in writing.
5.1 Goods shall be delivered by a method of transport the Seller considers suitable to the address requested by the Buyer.
5.2 The Seller shall not be liable to the Buyer for any loss or damage whether direct, indirect or consequential if it is delayed in part or in whole in delivering the Goods.
5.3 If the Buyer refuses to take delivery of the Goods within the Buyer’s normal working hours on the date of delivery the Seller may store the Goods at the Buyer’s risk and the Buyer shall be responsible for all costs and expenses of storage and additional carriage incurred. If after 14 days the Buyer fails to take delivery of the Goods the Seller may rescind the Contract and sell the Goods to a third party. Any costs incurred by the Seller or losses made against the Contract price in the resale of the Goods will be borne by the Buyer and payable on demand.
5.4 The Buyer must inspect all Goods immediately upon delivery. If any Goods are damaged or lost the Buyer must notify the Seller in writing within 7 days of the delivery of the Goods. After this period the Buyer shall be deemed to have accepted the Goods and the Buyer shall not be entitled to reject Goods which are not in accordance with the Contract.
5.4.1 Faulty Goods : If you purchased the item more than 30 days ago our aim is to get the problem put right as quickly as possible. Depending on the circumstances, we may offer a repair or where this is not possible we may replace the item with the same or an equivalent model.
If you purchased the item after 30 days and your product is faulty it is up to the buyer to contact the manufacturer direct and design-my-kitchen will not be liable. 5.5 Depending on your order, your delivery schedule may vary, also some products may be subject to extra delivery charges, this will be stated in your contract
6.1 Except as otherwise provided in these Conditions the risk of loss or damage to the Goods passes to the Buyer upon delivery.
6.2 The Buyer shall insure the Goods from the time that risk passes to their full reinstatement value.
7.1 The price payable for the Goods is as stated in the Seller’s price list unless otherwise stipulated in writing by the Seller.
7.2 The price quoted is exclusive of delivery charges, Value Added Tax, customs duties and all other taxes.
7.3 The Seller may at any time increase the price payable for the Goods by an amount equal to the increase in the Seller’s costs in carrying out its obligations under the Contract (limited to an increase in the manufacturers cost). Where delivery is by instalments the Seller shall be entitled to increase the price as stated in this clause in respect of any Goods undelivered at that time.
8.1 If the Seller has agreed in writing to grant the Buyer credit facilities the Contract price shall be paid within 30 days of the date of the invoice.
8.2 If no credit facilities have been agreed the Contract price shall be paid on or before delivery of the Goods.
8.3 In the case of late payment the Seller reserves the right to charge interest at the daily rate equivalent to 8% per annum above the base rate of Barclays Bank Plc from time to time in force and such interest shall accrue on the balance outstanding at such a rate after as well as before judgement.
9.1 The Buyer shall own the Goods only once:
10.1 Subject to sub-clauses 10.2, 10.3, 10.4, 10.6 and 10.7 of the clause the Seller warrants that the Goods shall be on delivery:
10.1.1 conform as to description and quantity with the particulars stated in the Seller’s invoice for the Goods;
10.1.2 be of sound materials and workmanship.
10.2 The warranties contained in sub-clauses 10.1.1 and 10.1.2 of this clause shall only apply if the Buyer shall give notice in writing to the Seller addressed to it at Unit 10 Trident Business PARK Chichester Rd Selsey West Sussex PO20 9DY, of any matter by reason whereof the Buyer may allege that the Goods are not in accordance with the Contract. Such notice shall be given in respect of any complaint in sub-clause 10.1 of this clause, within 7 days of delivery of the Goods to the Buyer and in respect of any complaint in sub-clause 10.1.2 of this clause, within six months of delivery of the Goods to the Buyer.
10.3 If the Seller shall so require, after receiving notice in writing from the Buyer of any alleged matter by reason whereof the Goods are not in accordance with the Contract, the Buyer shall return the Goods to such place as the Seller shall specify and the transit of the Goods to and from such place shall be at the Buyer’s expense and risk.
10.4 If it is proved to the Seller’s satisfaction that the Goods are not in accordance with the Contract, the Seller’s sole obligation under the warranties contained in paragraph 10.1 shall at the Seller’s option in respect of any short quantities be to make up any such short quantities or to give credit therefore and in respect of any such other warranty be to repair the faulty Goods or replace them with the goods of the same kind or to give the Buyer credit for the faulty Goods.
10.5 The warranties covered in paragraph 10.1 of this clause shall not cover any faults caused by accident, misuse, neglect, tampering with the Goods or any part thereof or any attempt at adjustment or repair by any person other than the Seller’s agent or representative.
10.6 The warranties contained in paragraph 10.1 of this clause are given in lieu of and to the exclusion of all other conditions, warranties and representations as to the Goods design, specifications, performance, quality or fitness for any particular purpose thereof whether express or implied (by statement or otherwise) and neither the Seller nor its servants or agents shall be liable whether in contract, tort or otherwise for any loss, damage or expense, whether to person or property, howsoever caused, whether direct, indirect or consequential, suffered by the Buyer his servants or agents or any third party arising out of or in connection with the Contract or the Goods.
10.7 The Seller excludes all other warranties, conditions or terms relating to fitness for purpose, quality or conditions of goods whether implied by statute, common law or otherwise.
No claims arising out of or in respect of the Contract or any other contract between the parties shall excuse the payment of the Contract price when due and no right to set-off shall exist in favour of the Buyer.12.FORCE MAJEURE
The Seller shall not be liable to the Buyer for any loss or damage caused to or suffered by the Buyer as a direct or indirect result of the supply of the Goods by the Seller being prevented, restricted, hindered or delayed by reason of any circumstances outside the control of the Seller including but without limitation, fire, labour dispute, flood, act of God or any circumstances affecting the provision of any of the Goods or part thereof by the Seller’s usual source of supply.13.CANCELLATION OF CONTRACT
13.1 The Contract once placed and accepted cannot be cancelled except with the Seller’s written consent and on terms which will indemnify the Seller against any loss incurred thereby. In particular it should be noted that the Seller is unlikely to be able to mitigate any loss it may suffer in respect of cancellation of orders to Buyer’s particular specifications. Where the Goods are returned by the Buyer without the Seller’s consent other than under the provisions of these Conditions they will not be accepted for credit.
13.2 If the Buyer defaults in complying with any of these Conditions or those of any other Contract between the Seller and the Buyer or in the event of the Buyer becoming bankrupt or being a company, if an order shall be made or resolution passed for the winding up of the Buyer (except for the purpose of amalgamation or reconstruction only), or if a receiver shall be appointed of any of the Buyer’s property or if distress or execution shall be levied against the Buyer or if the Buyer should stop payment or shall cease to carry on the same or is deemed to be unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or if the Buyer shall make any arrangement or composition with creditors, the Seller may refuse to make any further deliveries (if any) under the Contract and may, without prejudice to any other rights to which it shall then be entitled, cancel the Contract without notice and in the event of such cancellation any deposit paid by the Buyer to the Seller shall there upon be forfeited.
If any part of this Contract is ineffective under the law by prohibition or non-conformity or formality it will be deemed to be deleted or altered to the extent required to ensure that the remainder of the Contract is unaffected.15.NOTICES
Notices shall be sent in writing to the appropriate party at their usual address for correspondence and shall be deemed to be received:
This Contract shall be governed by the laws of England and the parties agree to subject themselves to the non-exclusive jurisdiction of the English Courts.
Kitchen quotations last up to 30 days.
A first 3D visualization plan is free, minor changes can be made with this. If a second complete re-design is requested, this will be charged at £50 + vat.
This will be refunded to you when you purchase your kitchen with design-my-kitchen.