Terms and Conditions
Kingston Cabinets Ltd T/A Kingston Cabinetry (The “Seller”)
In this document the following words shall have the following meanings:
“Buyer” means the person who buys Goods from the Seller.
“Conditions” means the Terms and Conditions of sale set out in this document.
“Delivery Date” means the date specified by the Seller when the Goods are to be delivered.
“Installation” means the date specified by the Seller when the Goods are to be installed.
“Price” means the Price for the Goods including Installation and VAT.
“Goods” means the products which the Buyer agrees to buy from the Seller.
“Seller” means Kingston Cabinets Ltd, trading as Kingston Cabinetry see address here.
2.1 These Terms and Conditions shall apply to the sale of Goods and Services by the Seller to the Buyer and shall prevail over any documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be a contract by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller.
2.3 Signature of this order shall be deemed conclusive evidence of the Buyer’s acceptance to these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
Price and Payment
3.1 The Price of the Goods shall be the price set out overleaf.
3.2 Single cabinets, payment in full as set out overleaf shall be due upon the Buyer signing the Sale Agreement. For two or more cabinets 50% of the payment as set out overleaf shall be due upon the buyer signing the sales agreement and the balance payable seven days prior to the installation date.
3.3 Title of the Goods remains with the Seller until full payment has been received by way of cleared funds. Until such time as the property passes to the Buyer the Seller may at any time require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, enter on any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
3.4 This Sales Agreement is an invoice and the Buyer understands that should any balance not be paid upon completion of the agreement, then the Seller will be entitled to charge the Buyer daily interest on any overdue payment. The amount of interest charged will be set at a rate of 1.75% above the current Bank of England base rate.
4.1 The quantity and description of Goods shall be as set out overleaf.
4.2 The Seller reserves the right to amend/adjust the sizes overleaf after survey for technical reasons.
4.3 The Seller shall be under no liability in respect of any defect in the Goods arising from any drawings, design or specification supplied by the Buyer.
4.4 The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Sellers instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Sellers approval.
4.5 The Seller shall be under no liability under any warranty or guarantee if the total price for the Goods has not been paid by the due date for payment.
4.6 The Buyer shall only be entitled to the benefit of any warranty or guarantee given by the manufacturer of any parts, materials or equipment not manufactured by the Seller.
4.7 A claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to the Seller within 7 days from the date of delivery or within a reasonable time after discovery of the defect or failure. If the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure and the Buyer shall be bound to pay the Price as if the Goods had been delivered in accordance with the terms of this contract.
4.8 Where a valid claim in respect of any of the Goods is based on a defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these terms the Seller may replace the Goods (or the part in question) free of charge or, at the Sellers sole discretion, refund to the Buyer the Price of the Goods (or a proportionate part of the Price) in which case the Seller shall have no further liability to the Buyer.
4.9 Except in respect of death or personal injury caused by the Sellers negligence, or liability for defective products under the Consumer Protection Act 1987, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for loss of profit or for any indirect, special or consequential loss or damage, costs expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods) in accordance with the contract or their use by the Buyer and the entire liability of the Seller under or in connection with this contract shall not exceed the price of the Goods, except as expressly provided in these terms.
Delivery and Installation of Goods
5.1 The Seller should manufacture and deliver the Goods to the Buyers installation address within 6 to 8 weeks of the date of the survey, subject to manufacturing delays beyond its reasonable control. Time of Delivery and Installation shall not be of the essence and the Seller shall not be liable for any losses, costs, damages, expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated Delivery Date.
5.2 All deliveries will take place during weekdays, Monday to Friday between 08:00 and 20:00 hours and the Buyer agrees to accept delivery on that basis.
5.3 The Buyer accepts that Installation will not always be on the same day as delivery.
5.4 The Seller will not accept liability for consequential losses for the Delivery or Installation delays.
5.5 If on Delivery or Installation the Seller finds that either the Buyer is not at the delivery address and no alternative arrangements have been made for delivery, the Sellers representative will leave a card to advise of the failed appointment.
5.6 In the event of a failed appointment the Buyer should contact the telephone overleaf to rearrange the appointment.
5.7 The Seller reserves the right to make a further charge for such failed appointments.
5.8 The Buyer is not required to open the packages and inspect the Goods before the Buyer accepts delivery from the Sellers delivery service. Open packages will be deemed as accepted by the Buyer.
5.9 The Buyer will be aware of the size and number of Goods ordered overleaf and should have prepared and considered the space required to accommodate delivery, before the delivery is made by the Seller and pending Installation.
5.10 Title and risk of the Goods shall pass to the Buyer upon Installation of the Goods.
6.1 The Seller will attend the Buyers Installation address on the date agreed in order to complete the Installation of the Buyers Goods.
6.2 The Buyer agrees and accepts to clear the immediate working area for each cabinet Installation or any furniture or ornaments prior to the Sellers installer attending.
6.3 The Sellers installer will provide all necessary dustsheets and material resulting from the Installation.
6.4 All cabinets will be installed so that the top of the cabinet is level, and will scribe the cabinet sides to fit around existing skirting or pipe work at the radiator base.
6.5 The Seller will not scribe the cabinet to walls or wall panelling.
6.6 The Buyer understands and accepts that where the walls or surfaces to which the Seller is to install the cabinets against are uneven, the Seller will not be responsible for filing any gaps, and the Seller will not scribe the cabinet to meet the profile of the Buyers walls.
6.7 The Buyer understands and accepts that the Seller will install cabinets such that the top of the cabinet is level, and the Seller will not undertake to fill any gaps below the cabinet created due to the unevenness of the Buyers floor.
6.8 The Seller reserves the right to alter technical data or specification detailed overleaf within reasonable guidelines without notice for an equal alternative.
Notice of the Right to Cancel
7.1 The Buyer has the right to cancel the Sales Agreement within the period of 7 days starting from the date the Sales Agreement is signed by the Buyer. The Cancellation Notice must be sent in writing or electronic email. Thereafter a cancellation fee of £250 per cabinet ordered will be made. This will be deducted from the monies received and the balance will be returned to the Buyer within 30 days of notification. It is the Buyers responsibility to ensure the Seller is in receipt of the Cancellation Notice.
7.2 The Buyer shall inspect the Goods immediately upon Installation and shall notify the Seller immediately if the Goods are damaged or do not comply with any of the Sales Agreement.
7.3 Upon the Buyer signing the Satisfaction Note the Buyer accepts the Goods in full and final satisfaction of the Sellers obligations.
8.1 All disputes arising out of this Sales Agreement shall be subject to the relevant UK law and the court of the UK will have exclusive jurisdiction in relation to this contract.
9.1 All Prices are Net of VAT which will be charged at the prevailing rate.
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