Standard Terms and Conditions for the Sale of Goods
The terms and conditions quoted herewith shall apply to all contracts and agreements between BKD ltd, herein called the company, and the customer. No variation in these terms and conditions shall be effective unless agreed in writing on the order signed by an authorized representative of the company. “Customer” means the person who places an order for the goods of the company.
“Company” means Berkshire Kitchen Design ltd.
“Price” means price for the goods excluding carriage, package and insurance.
“Goods” means the goods (including any instalment of the goods or any parts of them) that you agree to buy from the Company.
“Order” means the customer’s order for the goods that shall be deemed to be ant offer by the customer to purchase the goods pursuant to these conditions.
“The installer”, unless the Company has agreed to install within it’s contract shall mean the party who has entered into a separate contract with the customer in relation to the installation. The installer can be nominated by the Customer at the Company’s request or a third party nominated by the customer at the time of entering into this contract.
- Basis of Sale
These conditions shall apply to all orders for the sale of goods by the Company to the Customer to the exclusion of all other terms and conditions subject to which any order is made or purported to be made by the Customer. The Company’s liabilities and duties to the Customer is exclusively for the supply of goods only and their delivery to the specified address and not for their installation or any other matter whatsoever arising therefrom.
No variation to these conditions (including any special terms and conditions agreed between the parties shall be binding unless agreed in writing on the order signed (or emailed) by a representative of the Company.
The designs and specifications of the goods submitted by the Company for the customer’s approval will be prepared with all reasonable care, but the customer shall be responsible for ensuring that such designs and specifications meet their own requirements. The customer is to be responsible for any costs arising due to changes to site dimensions after the point of order, or errors in architect’s drawings where these are used as the basis of the order.
Any designs, Company prepared visuals or descriptive material, including but not limited to colour, shade and design are issued for illustrative purposes only and may not be identical to the goods supplied by the Company.
- No order submitted by the Customer will be deemed to be accepted until confirmed by writing or email, and a deposit (either holding or 25%) is received.
Cancellation of the order by the customer will incur restocking fees for non bespoke items, 100% charge for bespoke items where these have gone into production, and reasonable charges to cover the time and costs incurred of producing the designs and administration of the above (not to exceed £1500.00 +vat).
Any additional products required as a result of changes to the specification of the design due to changes on site will only be ordered with the agreement of the customer and must be paid in full at the point of order. Where the products are required due to a bona fide error by the Company, these costs will not be recharged.
The above not withstanding, should an issue arise which could not have been foreseen, or identified by a site visit prior to installation, the requires additional material of labour, the issue will be brought to the attention of the customer and cost agreed before proceeding.
- Price of the Goods
The price of the goods and a charge for delivery payable by the Customer will be the quoted price. All prices quoted are valid for 30 days unless otherwise stated.
The price for delivery is for a date to be determined at the point of order, and any delay to the delivery date made at the Customer’s request may incur storage charges,
All prices quotes, unless otherwise stated are net of Value Added Tax, which will be invoiced at the applicable rate.
- Terms of Payment
Subject to any special terms agreed in writing, the price of the goods, the delivery costs and any applicable vat will be due and payable as follows:
- 25% upon the acceptance of the quotation.
- The balance due 7 days prior to the agreed delivery date (where delivery is delayed at the customers request the balance remains due at the earlier date.)
- Title of the goods remains with the Company until FULL payments has been received.
- Unless specified the contract allows for one delivery. Further deliveries as a result of shortfalls or replacement of damaged goods will be at the Companies cost.
- There is no surcharge for a payment by credit or debit card when used for a deposit but any subsequent payments will attract a service charge of 2%.
- Installation Cost
If the Company has agreed to and charged for the installation, 50% will be charged 7 days prior to delivery, with the balance being payable on practical completion. Installations carried out within the main contract will have a 12 month statutory installation warranty starting on the date of completion. All defects to both materials and in workmanship must be identified and agreed while the installer is still on site.
If the Company is not charging for Installation then the following is agreed in its entirety.
- Whereas it is acknowledged that the Company is only liable to the Customer for the supply and delivery of Goods nevertheless the Company may at the Customer’s request recommend one or a number of Installers with whom the Customer will thereafter negotiate and enter into a separate contract but without the assumption by the Company of any liability of any nature whatsoever which may arise in respect of the Installation or any other matter ancillary thereto and the Company as a matter of Law shall not be deemed agent of either the Customer or the Installer
- The Customer will simultaneously enter into a separate contract with the Installer who will then be solely liable to the customer for any loss or damage occasioned by the Installers negligence or otherwise in the installation of the equipment at the direction of the customer and for the avoidance of doubt the Company shall only be liable to the Customer for any defects in the equipment supplied by the Company to the Customer for a period of 12 months from delivery.
- The Customer shall have the benefit of any manufacturers warranty in respect of the sale of the equipment and any warranty between the Customer and the Installer for installation shall be solely a matter between those parties.
- Breach by Customer
If you fail to make any payment by the due date then, without prejudice to any other right or remedy available to us, we will be entitled to:
- Cancel the contract or suspend any further deliveries to you
- Apply any payment made by you to such of the goods supplied under any contract between you and us as we may think fit; and
- Charge you interest (both before and after any judgement on the amount unpaid at the rate of 5% above Nat West plc base rate.
- The deposit of 50% is a genuine estimate by us of the minimum losses that we will incur should you fail to fulfil your obligations under this contract and as such will not be refunded to you if you cancel the order or otherwise breach the terms of this contract.
Whilst the company reasonably endeavours to comply with the agreed delivery and installation dates, any dates specified are approximate only and the company shall not be liable for any delay howsoever caused. Time for delivery, installation and completion shall not be the essence of the order.
- Notification of Shortfall or Damage
Any claim by you which is based on any defect in the quantity, quality or condition of the goods or their failure to correspond with the specification, should be notified to us within five days from the date of delivery. If you do not notify us accordingly you will be deemed to have accepted the goods and any relevant installation of them and will be liable to pay the full price for them. No claim for damage on delivery will be entertained for goods once they are installed or not returned in the manufacturer’s original packaging (your statutory rights will not be affected by this clause).
The customer will afford the company’s representative/s full access to the customer’s premises for the purposes of delivery and installation of the goods and the carrying out of necessary remedial work. In the case of remedial work for which access is not afforded, such work will subsequently only be carried out at the company’s discretion, and the provisions of condition 5c will in any event apply.
- Colour/Shade of Goods
The company will use reasonable endeavours to provide the goods in accordance with the colour and/or shade of the goods required. The company reserves the right to provide goods which are reasonably close in colour and shade to those specified and supplied by the manufacturer. The customer recognises that such variations to shade and/or colour are outside the control of the company.
- Changes in Specification
The company continually seeks to improve its products and services and occasionally is required to make changes in the specification of goods. The company will notify the customer as soon as possible should any substitution be required. No substitution or change will be to the detriment of the customer.
- Wardrobe Front Frame
Should the company specify a “front” then a “front” will be supplied in accordance with the company’s technical specification. A wardrobe front is a frame, usually 100mm deep and does not include wardrobe sides, floor, shelf, hanging rail, top or back unless specified on the order drawing.
- Granite/ Wood/ Marble
If purchasing granite/ marble or solid wood it is important to remember that these are natural materials and as such the colours and grain can vary. In the case of granite and marble where feasible you may view the material prior to manufacture by written request; never the less we cannot accept any claims after manufacture and/or installation concerning colour variations or natural oddities in the grain.
Variation in shade and/or pattern often occurs in ceramic and natural stone products, therefore it is the customer’s responsibility to ensure that the material supplied is of an acceptable colour, shade, size and type before fixing as no claims can be accepted thereafter. Glazed products are liable to “craze” and we are unable to guarantee against this possibility. Stock tiles maybe returned in full-box quantities within 14 days for an 80% refund. Non stock goods and “specials” cannot be returned. Measurements: whilst we are pleased to help in calculating your requirements it is not possible to predict exact quantities because of the many variables in each case. We are therefore unable to accept liability for shortfalls. Any additional materials required will be charged at the current rate.
- The materials used and the workmanship employed in the manufacture and installation of the goods will be the same quality and standards as the goods displayed in the company’s showroom. The customer is accordingly advised to inspect the showroom displays to satisfy themselves that such quality and standards meet their requirements.
- We warrant that, subject to the conditions set out below, the goods will correspond with their specification when we deliver them to you and that the goods will be free from defects for a period of 12 months from the date of delivery.
- We shall be under no liability under the above warranty in respect of any defect arising from fair wear and tear, wilful damage, negligence on your part, abnormal working conditions, your failure to follow our instructions, or your mis-use or alteration or repairs of the goods without our prior approval.
- All goods supplied by us come with a minimum 12 months’ manufacturer’s warranty and we will, insofar as possible, pass to you the benefit of any warranty or guarantee given by the manufacturer. Your statutory rights will not be affected by this warranty.
- For the avoidance of doubt the Company shall only be liable for the actual supply and delivery of the ordered materials and not otherwise for example (but not exclusively) for the design and /or the installation of the said materials or from any matter which may arise from any survey carried out by either the Customer or the Installer or anybody else on their behalf or any inevitable change in design or specification which may or may not become apparent at any stage and this and all the other terms of this agreement are exclusive to the parties and cannot be modified without the written consent of both parties.
- Data Protection “GDPR”
For the purpose of the better performance of this contract and indeed for any future work that may be necessary the company will store on its database the customers minimal necessary personal details but that these will not be disclosed to any third party whatsoever save where applicable to an outside installation contractor and only then strictly for the purpose of the better performance of the contractors’ duties. Such minimum data will be retained by the company for as long as deemed necessary to discharge any contractual obligations including warranty issues. The customer acknowledges this/her statutory right to demand that their entries on the database be erased and to demand proof that that has been done. When the company of its own initiative erases the customer’s details from the company’s database the company shall duly notify the customer in writing.
In all respect the company warrants the strictly comply with the provisions of the Data Protection Acts 1988 and 2003, the General Data Protection Regulations 2018 and all subsequent data protection legislation and regulations which may become relevant to this contract.
I understand and accept these terms and conditions
Signed: Date: (Customer)
Signed:Date:(For and on behalf of Berkshire Kitchen Design)