1 DEFINITIONS
1.1 "The Seller" shall mean ELITE TRADE KITCHENS LTD.
1.2 "The Buyer" shall mean the corporation, firm, company, institution, person or persons to whom a quotation is made or to whom goods are sold buy the Seller.
1.3 "The Goods" shall mean the goods provided under the contract or any services provided by the seller there under.
2 GENERAL
2.1 All goods shall remain the property of the Seller until paid for in full.
2.2 No Goods shall be passed onto a third party by the Buyer until they are paid for in full.
2.3 For the purpose of the contract only works and Goods specified in the Seller Official Order will be carried out (see 2.5).
2.4 When signing this order confirmation on behalf of the Buyer these Terms and Conditions will bind the agent signing as well as the Buyer.
2.5 Should the Buyer order any further goods in addition to the Goods specified on the order overleaf, then all the additional Goods shall be bound to these Terms and Conditions.
2.6 These terms and conditions cannot be superseded by any contract the Buyer subsequently may want the seller to sign.
3 PRICES AND TERMS OF PAYMENT
3.1 The price charged would be that price indicated on the Sellers Official Order form, which is on the other side of this page.
3.2 In the event of payment not being made on the due date, interest at the rate of 4% above Barclays Bank Base rate will be charged to the Buyer on all outstanding money due, together with any costs (debt collectors, legal fees etc) involved in the collection of the outstanding money due.
3.3 In the event of a dispute, short delivery, damaged goods, or bad workmanship, the Buyer shall be entitled to withhold retention to the value of the items in question to a maximum of 50% of the total value of the invoice in question, until the said dispute is settled.
4 RETENTION
4.1 All retention money will be due for payment exactly twelve months after the date of last invoice we issue on the contract in question, whether the Buyer has a completion certificate or not.
5 DELIVERY
5.1 Once the Goods are delivered to the Buyer premises, risk of loss or damage to the Goods shall pass to the Buyer at the time of delivery, it is the Buyer responsibility to make sure that the Goods are stored in normal dry conditions.
5.2 Any delivery dates specified by the Seller are given in good faith, although the Seller shall not be liable for any delay due to strikes, lock outs, trade disputes, lack of transport or manpower or any other cause outside the control of the Seller.
5.3 Should the Buyer be unable to except the delivery within three working days of the specified delivery date, the Seller may put the Goods into storage at the Buyers risk and charge the Buyer a reasonable market price for storage.
5.4 Should the Buyer be unable to except delivery after thirty days of the specified delivery date, the Buyer must pay the full invoice price of the Goods and any storage charges due.
5.5 Acceptance of the Seller’s delivery is acceptance of these terms and conditions.
6 CANCELLATION
6.1 Cancellation will only be accepted if agreed in writing within seven day's of the date of this order by both Buyer and Seller.
6.2 The Buyer cannot cancel any order once it has gone into production in the factory.
6.3 If the Buyer cancels once the goods have gone into production the Buyer will be liable to pay in full for all the Goods ordered.
7 GUARANTEE / WARRANTIES
7.1 The Seller’s guarantee is valid for one year from the date of purchase, and is only valid on producing the original purchase invoice.
7.2 The guarantee does not cover wear and tear caused by incorrect storage, plumbing and electrical works, acts of god, inappropriate use (including usage outside the kitchen), inappropriate cleaning methods, cuts and scratches, impacts, abuse, negligence, accidents or other similar incidents.
7.3 All other furniture and components (not manufactured by the Seller), worktops, sinks, taps, electrical and gas appliances will be subject to their manufacturer's own after sales service and guarantee.
7.4 The Seller shall guarantee any installation of the Goods only if carried out by the Sellers own installation team.
7.5 In the event that the Buyer establishes to the Seller's reasonable satisfaction that the Goods are defective (see note H below) or that there is a shortage thereof, the Seller shall at it's option either make good any shortage in the Goods or refund the purchase price against the return of the Goods as soon as it is reasonably able to do so.
THESE TERMS & CONDITIONS AND THE CONTRACT SHALL BE SUBJECT AND CONSTRUED IN ACCORDANCE WITH ENGLISH LAW
IMPORTANT NOTES:
A) All packing material (for example cardboard boxes) and kitchens waste (for example worktop off cuts and cut-outs) are to be disposed of by the buyer. We can negotiate a price for the Seller to dispose of the waste should the Buyer request.
B) The Seller will not except any responsibility for any existing pipes, meters or any other objects that may prohibit the correct installation of the kitchen furniture or appliances, unless the Seller is made aware of the said items at the time of our survey.
C) Real wood products are liable to variations in grain and colour of the doors, worktops, cornice and pelmet, this is a characteristic, not a fault.
D) Fitting of hole studs is not included in our installation or installation charges.
E) The Seller will not except any liability for water damage that occurs to the worktop mitres, around the sink and hob or to the underside of the worktop or any damage due to the steam or heat from dishwashers or ovens.
F)) When scribing in worktops to walls a gap of up to 5mm tolerance is acceptable, as this can be covered by silicon or tiles, If the seller is installing the kitchen , the installers do NOT silicone between the worktops and walls, unless it is specified in our estimate/ quotation or letter.
G) If the seller is installing the kitchen , the covering of the kitchen with protective packaging once it has been installed is not included as part of the contract unless it is specified in our estimate/ quotation or letter.
H) Any faults in the furniture which the buyer requires the seller to replace must comply with BSEN438 Part 1 Section 5 which states that on a Metre Sq of the item in question, placed on flat surface under florescent bright light from 1.5 metres away with normal vision, any spot more then 1mm sq or scratch more then 10mm sq which can not be seen is considered not a fault.
I) All instructions (O&M Manuals) and guarantees are left inside the appliances by the manufacturer and any replacements or further copies are only available from the manufacture NOT Elite Trade Kitchens.
All service calls and ordering spare parts must be made by the client direct to the appliance manufacturers own repair service/spare department. The Seller is not responsible for making any calls on behalf of the client. .
J) Please note that any domestic rated appliance used within a business premises/environment is not normally covered under the manufacturers own parts & labour warranty.
