Terms And Conditions – Kingston Cabinets Ltd, Trading as Kingston Cabinetry (The “Seller”)

Application

A. These Terms and Conditions will apply to the purchase of the services and goods by you the Buyer. We are Kingston Cabinets Limited whose trading name is Kingston Cabinetry a company registered in England and Wales under number 06755422 trading at Unit 2, Riverdane Road, Eaton Bank Trading Estate, Congleton, Cheshire, CW12 1PN with email address enquiries@kingstoncabinetry.co.uk; telephone number 01260 221 381.

B. These are the terms on which the Seller sells all Services to the Buyer. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from the Supplier if you are eligible to enter into a contract and are at least 18 years old.

1. Definitions

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 planned 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 net of VAT.

“Goods” means the products which the Buyer agrees to buy from the Seller.

“Seller” means Kingston Cabinets Ltd (trading as Kingston Cabinetry) of Unit 2 Riverdane Road, Eaton Bank Trading Estate, Congleton CW12 1PN.

2. General

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 on this order or confirmation of order acceptance in writing including email by the Buyer shall be deemed conclusive evidence of the Buyer’s acceptance of 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.

3. Price and Payment

3.1 The Price of the Goods shall be the price set out overleaf or as confirmed separately in writing by the Seller.

3.2 For up to two radiator cabinets, payment in full shall be due upon the Buyer signing the sales agreement or otherwise in accordance with clause 3.1.  For three or more radiator cabinets and for all other Goods provided by the Seller, 50% of the Price subject to clause 3.1 shall be due upon the Buyer signing or confirming in writing their acceptance of the sales agreement, with the balance payable upon notification by the Seller to the Buyer of the planned installation date. Finalised installation dates cannot be confirmed until full payment is received.

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 or confirmed order in writing from the Seller to the Buyer 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 prevailing Bank of England base rate.

3.5 The copyright, design rights and other rights in the drawings, plans, designs, and other items supplied by the Seller to the Buyer belong exclusively to the Seller. The Buyer has no rights in respect of them and may not copy or reproduce or cause to have the Sellers designs and products copied or reproduced for any reason.

4. Goods

4.1 The quantity and description of Goods shall be as set out overleaf or as confirmed separately in writing by the Seller.

4.2 The Seller reserves the right to amend/adjust the sizes agreed with and confirmed to the Buyer, or as confirmed by separate correspondence 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, including any shade variances on colour matching.

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 Seller’s 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 Seller or third-party manufacturer of any parts, materials or equipment not manufactured by the Seller when full payment has been made.

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 Seller’s 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.

4.10 Due to the nature of natural materials such as wood, wood veneers, granite, marble and Caesarstone, the patterning, graining and colour may vary from those seen in any of the Seller’s printed promotional materials, their website, showroom displays and photographs.

4.11 Natural woods also change colour over time. The Seller, therefore, is not responsible for any natural variation in changes in colour over time of the wood, graining or patterns, or colour tones.

5. Delivery and Installation of Goods

5.1 The Seller should manufacture and deliver the Goods to the Buyer’s installation address within 12 weeks of the date of the survey, subject to manufacturing delays beyond its reasonable control, or larger projects which will take longer. 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 diarised or 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 Seller’s representative will make every reasonable effort to contact the buyer to advise of the failed appointment.

5.6 In the event of a failed appointment the Buyer should contact the Seller on telephone number 01260 221 381 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 or as confirmed in writing separately by the Seller and should be prepared to provide the space required to accommodate delivery and 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 full payment and subsequent Installation of the Goods.

5.11 No Goods will be delivered or installed at the Buyer’s premises without full payment of cleared funds being made in accordance with clause 3.1.

6. Installation Specification

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 installation or any furniture or ornaments prior to the Seller’s installer attending. The Buyer shall arrange adequate space and access for the Seller’s delivery vehicle adjacent to the installation premises. If this is not possible the Buyer will inform the Seller prior to delivery.

6.3 The Seller’s installer will provide all necessary dustsheets and protective materials required for the Installation.

6.4 Installations of Kitchens, Under Stairs Storage, Bedroom, Studies and all other bespoke Goods will be scribed or filled to fit as appropriate.

6.5 All radiator cabinets will be installed by the Seller so that the top of the cabinet is level and will scribe the cabinet sides to fit around existing skirting, and pipe work at the radiator base, but will not undertake to fill any gaps below the radiator cabinet created due to the unevenness of the Buyer’s floor. The Seller will not scribe radiator cabinets 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 radiator cabinets against are uneven, the Seller will not be responsible for filling any gaps, and the Seller will not scribe the radiator cabinet to meet the profile of the Buyer’s walls.

6.7 The Seller reserves the right to alter technical data or specification detailed overleaf within reasonable guidelines without notice for an equal alternative.

7. Notice of the Right to Cancel

7.1 The Buyer has the right to cancel the Sales Agreement within the period of 14 days starting from the date the Sales Agreement is signed or accepted in writing by the Buyer. The Cancellation Notice must be sent in writing or email. Thereafter a cancellation fee of 40% of the full order value plus VAT 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 the Sales Agreement.

7.3 Upon the Buyer signing the Satisfaction Note or otherwise confirming in writing their acceptance, the Buyer accepts the Goods in full and final satisfaction of the Sellers obligations.

7.4 In the event of a dispute the Seller’s Complaint Policy below shall apply.

7.5 In the event of a Complaint arising the Buyer shall notify the Seller of that Complaint in writing or by email. The Seller shall make every reasonable effort to respond to the Buyer within 5 days of receipt of the Complaint with a proposed solution and a timetable to deliver that solution. This does not affect your statutory rights as a consumer.

8. Jurisdiction

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. VAT

9.1 All Prices are Net of VAT which will be charged at the prevailing rate.

Kingston Cabinetry Additional Terms and Conditions for Kitchen Installations July 2023

10. The following is specific to Kitchen Installations only and is to be read in conjunction with Kingston Cabinets Ltd. (trading as Kingston Cabinetry) Terms and Conditions.

10.1 The appliances and any other items not manufactured by the Seller will be subject to the manufacturers’ guarantee. Whilst this guarantee covers the replacement of faulty parts, in the event of proven defects in material or workmanship, the Seller and the manufacturer will not cover any third-party costs related to any reinstallation or replacement.

10.2 Installation is for furniture items only and unless specified separately excludes all plumbing, electrical, building and associated works.

10.3 If during installation additional works are required these works will be agreed in writing and invoiced separately by the Seller to the Buyer. The Sellers reserve the right to charge for any time delays due to other works taking place during the installation.                      Edited and Published July 2023