These are the Terms and Conditions of Sale for LMB KUCHEN LTD
In these Conditions: ‘You’, ‘Your’ or ‘Client’ shall mean the person or people or company named in the estimate, original estimate or correspondence or invoice. ‘Goods’ shall mean the furniture and appliances we are to supply in accordance with the estimate provided. ‘Service’ or ‘Services’ shall mean the installation and associated works, which are specified in the estimate provided. 1 – Basis of the Sale We agree to sell you goods and in return You must agree to purchase and pay for the Goods, and the Services if applicable, in accordance with these conditions which shall govern the contract between You and Us to the exclusion of any other terms and conditions subject to which any such estimate is accepted or purported to be accepted by You. 2 – Order and Specifications 2.1 – The quantity and description of the Goods and or Services forming part of the sale shall be as set out in Our estimate. Our acceptance of the order will be when You have agreed to the estimate and paid a deposit. Any subsequent agreed alterations will be implemented to the interim invoice and final invoice payment. 2.2 – No order, having been accepted by Us, may be cancelled by You except on terms that You shall indemnify us in full against all losses including a loss of profit, costs of all labour used or planned to be used as part of the production of Your order and any materials actually used and any damages, charges and expenses incurred by Us as a result of a cancellation. 2.3 – Unless otherwise agreed in writing, the prices quoted do not include electrical or plumbing connections to appliances. The price will include installation or any other associated joinery works only to the extent that such Services are expressly stated in the estimate. 3 – Price 3.1 – The price of the sale of the Goods and (where applicable) the services shall be Our price as per the estimate. All prices quoted are valid for 30 days only or earlier as acceptance by You. 3.2 – We reserve the right, by giving notice to You at any time before delivery (in the case of the Goods) or before installation (in the case of the Services), to increase the price of the Goods or (where applicable) the Services to reflect any increase in cost to Us which is due to any change in installation date(s), quantities or specifications for the Goods, or specification of or extent of the Services works which is requested by You, or, if applicable, Your architect or agent or other representative (Acting within Your authority) or any delay caused by any change in instructions by You (or Your architect, agent or other representative) or any failure by You (or any of the aforementioned parties), to give Us adequate information or instructions. In the event that You no longer wish to take delivery of the Goods and or You no longer wish to engage Us in providing the Services, or in both cases due to a price increase as provided for above, You may cancel the contract on the terms that you will indemnify Us for all loss we suffer as a result in accordance with condition 2.2 above. 3.3 – In the event You chose to use existing or new appliances supplied by You, any unexpected cost incurred during the fitting of these appliances will be subject to condition 3.2 above. 3.4 – We base Your estimate on direct employment and payment by You and not through any other third party. However if We are advised after original pricing that We are to be employed or to be paid by any third party such as a builder, architect or other representative of You, please be advised that any cost impact of a financial Retention or Main Contractors Discount, or other, will be added and be in addition to the price as per the original estimate for Goods and Services. If we are advised in advance of original pricing, any requirement for a financial Retention or Main Contractors Discount, or other, will be clearly identified as an addition to the estimate. 4 – Terms of Payment 4.1 – Subject to any special terms agreed between You and Us in the quotation, You shall pay the price of the Goods and Services as follows: – (a) 80% of the purchase price as a deposit on confirmation of Your order (see note 4.3 below). (b) 17.5% before or at least 5 working days prior to any prep works started or by the original scheduled delivery date advised by You or Us either verbally, by email or in writing or by Your architect, agent or other representative regardless of any delays advised or caused by any other third party or event (see note 4.3 below). (c) 2.5% on completion and any other works forming part of any Services being provided to You (see note 4.3 below). 4.2 – Supply Only Goods or single item Goods: – (a) 80% of purchase price as a deposit on confirmation of Your order (see note 4.3 below). (b) 20% before at least 5 working days prior to supply or by the original scheduled delivery date advised by You or Us either verbally, by email or in writing or by Your architect, agent or other representative regardless of any delays advised or caused by any other third party or event (see note 4.3 below). Subject to any special terms agreed between You and Us in the estimate, You shall pay the price for the Services on completion of the installation and related works forming the Service. 4.3 – If You fail to make any payment on the due date then, without prejudice to any other right or remedy available to Us, we shall be entitled to: 4.3.1 – Cancel the contract or suspend prep works or manufacturing until You make the outstanding payment in full. 4.3.2 – Charge interest on the unpaid amount, at the rate of 10% per annum above the base rate of the Royal Bank of Scotland from time to time, until You make payment in full. 4.4 – We understand and will exercise Our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to Our payment terms above. 5 – Installation 5.1 – Any dates quoted for delivery of the Goods or completions of the Services are approximate only and We shall not be liable for any delay in delivery of the goods or completion of the Services howsoever caused, unless such delay is solely attributable to our actions. Time for delivery or installation shall not be of the essence of the contract unless previously agreed by Us with You in writing. 5.2 – Failure to take delivery of the Goods or Service or Services or failing to give us adequate delivery instructions at the time stated for delivery, or fail to properly arrange access to your home or premises to allow Us to provide the Services (otherwise than by reason of our fault) then, without prejudice to any other right or remedy available to Us, We may: – 5.2.1 Store the goods in a controlled storage facility until actual delivery, and to charge You for any reasonable costs (including insurance) of such storage. Although We will reschedule fitting, dates available may be limited and We reserve right to condition 5.2.2 below. 5.2.2 Charge the interim payment as per section 4.1(b) above. 5.2.3 If after a period of 14 days elapses during which delivery has not been taken due to a failure by You as stated above, sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to You for the excess over the price under the contract or charge You for any shortfall below the price under the contract. 6 – Risks and Title to the Goods 6.1 – Risk of damage to or loss of the Goods shall pass to you on delivery to your premises. 6.2 – Until delivery and the passing of risk, all Goods and Services remain Our property and remain in Our ownership until all sums due by You to us are settled in full. 7 – Warranties and Liability 7.1 – Subject to the conditions set out below We warrant that Our manufactured goods will be free from defects in standard materials and workmanship for a period of 12 months from the date of installation, and Services we have provided will be free from any defect for a period of 12 months from the date of installation. 7.2 – We warrant materials for a period of 12 months and We will always try to ensure a careful balance of matching grain and colours in our solid woods and veneers, however We must draw your attention to the fact that We make extensive use of natural materials and as such cannot warrant against the following: 7.2.1 We cannot guarantee that our solid woods, veneers and stone will not vary from any samples provided. 7.2.2 Where natural solid woods, veneers and stone are to be used in proximity to each other We cannot guarantee a perfect match in grain, colour or appearance over these dissimilar materials. 7.2.3 We cannot guarantee that our solid woods, veneers and stone don’t change in colour or size through exposure to sunlight, heat or moisture or after acclimatisation to their eventual surroundings and conditions. 7.2.4 We cannot guarantee that our solid woods and veneers will be knot and shake free. Where knots and shakes are evident or become evident after time, these will be filled with appropriate filler. 7.2.5 Out with the Warranty period any remedial works will be chargeable to You. 7.3 – We shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions or failure to follow our instructions, whether oral or in writing. 7.4 – In the event that any of the Goods supplied by Us that were manufactured by a third party and are the subject to a guarantee from such manufacturer, upon your request We shall take all such action, at Your expense, as shall be necessary to enable You to recover any loss suffered by You from the manufacturer.