Terms and Conditions of Sale for the Supply, Delivery and Installation of Kitchen Furniture, Appliances & Bespoke Wooden Furniture.
In these conditions Terence Ball Kitchens Ltd is referred to as “the Company” and the person signing the contract is referred to as the “Customer”. “The Goods” means the kitchen furniture, appliances, bespoke wooden furniture and other items ordered by the Customer for supply, delivery and/or installation by the Company. When the Customer signs the quotation, the Company and the Customer will enter into a legally binding contract.
All the terms of the contract between the Company and the Customer are contained in this contract.
The Contract is subject to English Law.
Quotations shall be deemed to be withdrawn unless acceptance is received in writing or deposit paid from the Customer within 30 days of the date of the Quotation.
The quantity and description of the Goods shall be as set out in our quotation. All goods supplied 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.
Payment and Price
All prices are exclusive of VAT, except where expressly stated otherwise.
Payment terms are as stated in the order form. For Kitchens, these are: Doors and Cabinetry and Worktop comprising “Section A” – 50% deposit payable when designs signed off with the remaining balance payable immediately prior to fitting. “Section B” – comprised of Appliances, Storage Solutions, Sinks and Taps and Lighting which are 100% payable when designs signed off. Fitting is payable following installation. For furniture orders, a 50% deposit is payable at time of ordering.
If payment of the Price or any part of it is not made by the due date, the Company shall be entitled to charge interest on the outstanding amount, (both before and after judgement) at a rate of 8% above the Bank of England Base Rate accruing daily.
The fittings or products installed remain the property of the Company unless paid for in full. The Customer hereby agrees and authorises the Company, its agents or employees to allow access to the property to remove any products installed if payment of the total amount is not made in full.
Installation of Services
The Company performs all work on a pre-determined, pre-scheduled basis requiring a clear understanding of all component locations. The Company will make sure that the specifications for the premises/ property are consistent with the design represented in the quotation. At all times, the Company must be informed of the status of the Customer’s installation, and should we discover any issues it is part of our job to notify the Customer of any sudden changes that may need to occur.
The Customer will give access to the premises to any member of the Company, its agents, contractors and workmen at all reasonable times so that the Company may complete the installation / supply in accordance with the contract.
The Company will make good any damage caused during installation to the kitchen furniture or appliances but does not undertake to replace specialised finishes such as artex or 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 but any complaint or claim by the Customer for compensation for any damage or alleged damage by the Company for which it may or may not be able under these terms and conditions must be made in writing to reach the Company within 7 days of completion of the installation / supply.
Removal of personal belongings in the premises is the Customer’s responsibility. The Company shall not be liable for any consequential loss. When making good any work resulting from installation, the Company will endeavour to match existing materials.
The Company shall be responsible for the removal of waste materials created by the installation.
Change Order Procedure
All order changes; product or location modifications must be put in writing. All design changes will be endeavoured to be made, however, may delay time frames. The Customer will be notified in writing if any additional charges will exist.
Any requests for partial or temporary installations will be honoured if possible. However, these requests will always incur additional travel and/or labour charges and could also incur additional parts charges.
All quotations are given, contracts entered into and accepted free of all liability for non-fulfilment caused by circumstances beyond the Company’s control, including acts of God, Government control, fire, accidents or other similar cause. In the event of complete non-fulfilment as a result of such circumstances, the Customer shall be entitled to a return of the deposit payable in terms of the above section.
All items that are purchased from us are sold on the basis that they are specifically bought to order, and no order can be cancelled or returned for credit without the prior written agreement of the Company.
Cancellations must be made in writing within 24 hours of deposit payment.
If the Customer’s purchase has already been put into production or manufacturing slots booked, the Customer will still be liable to pay the full purchase cost of the items ordered and no refund will be given. If however, the production or purchase of any materials has not been made or manufactured, the Company may at its discretion give a refund minus the deposit paid.
The risk in the Goods shall pass to the Customer upon delivery to the Customer’s premises.
Where goods have been delivered to the Customer’s premises and are awaiting installation, risk or loss or damage to the Goods shall be borne by the Customer, but during installation, the risk of damage to the Goods caused by the Company shall be borne by the Company. Damage that is caused to Goods supplied by the Company after installation will be at the risk of the Customer.
The Goods remain the property of the Company until payment of the contract price in full has been received. Payment in full shall mean payment for the Goods and for the cost of all materials, labour and installation. For the avoidance of doubt, any sum paid by cheque will not be deemed to have been paid in full until the cheque has been honoured by the Customers bank.
Until then the Customer shall:
- Hold the Goods in a fiduciary capacity as the Company’s Bailee:
- Adequately insure the Goods:
- Upon demand, return the Goods to the Company or allow the Company access to any premises where they may be stored in order to recover them.
No responsibility whatsoever is accepted by the Company for any delay in delivery or installation unless the Company specially undertakes in writing to guarantee delivery by a specific date under a penalty.
The Company gives a lifetime manufacturer’s warranty for kitchen furniture carcass to the Customer in respect of Goods supplied subject to payment in full having been received by the Company. This warranty is for the duration of the customers ownership of the kitchen and cannot be passed on to a second owner. If a defect occurs during this period, and if, in the opinion of the Company and the Company’s supplier, such defect is due to faulty materials or workmanship in the manufacture of such Goods, the Company hereby undertakes to repair or replace the faulty item after it has been returned to the Company by the Customer for examination. If after examination, the returned goods have been found to be defective due to the Customer’s own misuse, tampering or lack of maintenance during the warranty period, the manufacturers guarantee will become null and void.
If the defect is minor in our reasonable opinion, and you selected to have the Goods or Materials replaced, we reserve the right to repair the item instead of replacing it.
The door fronts, frames, and accessories are made from natural materials and as such can move and discolour over time.
Where the Company has provided installation services of goods supplied by the Company, the Company gives a 12 month installation warranty to the Customer provided that the installation has not been subjected to mis-use, been altered or damaged by other means during the period of the warranty. To identify all installation faults, the Company will attend the Customer’s premises to investigate the cause of the fault and to organise any necessary repairs at no cost to the Customer. If the fault has been found to be the result of misuse, tampering or using the equipment for any reason other than that it was intended for, the Customer shall be liable to pay the Company a call out charge of £75 plus VAT, plus £75 per hour or part thereof together with the cost of any necessary repair works that are found to be required.
Minor defects or matters requiring rectification which would normally be dealt with under the Company guarantee shall not be considered good reason for non- payment of balance.
Intellectual Property Rights
All design right, copyright, patent rights and other intellectual property rights in all designs drawings, goods or documents produced or supplied by the Company shall be owned by the Company, even if they have been commissioned by the Customer.
Any such rights in any such things produced, supplied or made available by the Customer shall remain the property of the Customer, and the Customer warrants its title to them by the Company, except as expressly disclosed in writing and agrees to indemnify the Company against any claims by third parties in respect of infringement of their intellectual property rights.
Except to the extent permitted by law, the Company will not be liable to the Customer for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any negligence or breach of the contract on our part and we shall have no liability to pay any money to the Customer by way of compensation other than to refund to you the Price you have paid to us.
Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any rights the Customer might have as a consumer under local law or other statutory rights that may not be excluded nor in any way to exclude or limit the Company’s liability to the Customer for any death or personal injury resulting from our negligence.
The Company will assume that all information, measurements and facts that the Customer provides are accurate and true. The Company will not accept liability for any loss or damage where we reasonably perform our services in reliance on these. We will be responsible for any measurements we make or provide.
The Company will attempt to ensure that the information available on the website at any time is accurate. However, the Company shall not be liable for any errors or omissions. The Company will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
The copyright in the material contained in the website and any trademarks and brands included in that material belongs to the Company or its licensors.