General Terms and Conditions of Sale

 

 

The following terms and conditions shall apply to all contracts made between Beautiful Kitchens Limited (“the Company”) and the Purchaser (“the Customer”) in respect of the supply of goods and/or work and/or labour to the exclusion of all other terms and conditions whether express or implied.

 

No variation of, or additions to, the contract or these conditions shall be binding upon the Company unless in writing under the hand of a duly authorised official of the Company. 

 

1.             Price

 

1(1)           A quotation does not amount to a contractual offer and is an indication that the Company may be willing to supply at a particular price.

1(2)           In respect of goods where the delivery period is within 14 days from the date of quotation the price stated is fixed.  In all other cases where the delivery period is beyond 14 days the Company is entitled to increase its quoted price to its price ruling on the date of delivery.

1(3)           No price specified in the quotation or elsewhere includes VAT or other applicable taxes or duties unless specifically stated.

1(4)           This clause is subject to Condition 8 hereof.  

 

2.             Payment

 

2(1)           The Customer must pay the price specified in the quotation including any amendments to the price quotation to include any VAT or other applicable taxes or duties.

2(2)           Payment must be made whether or not the property in the goods has passed by virtue of paragraph 6 below.

2(3)           Payment must be made immediately on the placement of an order as follows:

(i)             for trade customers 25% deposit against the full quoted price with the balance 75% due 7 days before date of delivery;

(ii)             for retail customers 50% deposit against the full quoted price with the balance 50% due 7 days before date of delivery.

 

2(4)           If the Customer fails to pay the whole or part of any sum due to the Company (whether because of this Agreement or not) by the time it comes due for payment, all sums which the Customers owes (whether under this Agreement or not) will become due for payment immediately and the Company may issue Court proceedings against the Customer to recover them without giving any further notice.

2(5)           The customer must pay the whole of the amount due, and may not set off or deduct anything from this amount without the Company’s written permission.

2(6)           Any sums which remain unpaid after they became due are subject to interest as follows:-

(i)             for trade customers interest will be at the rate for the time being payable under the Late Payment of Commercial Debts (Interest) Act 1998; and

(ii)             for retail customers interest will be at the rate for the time being payable on High Court Judgment Debts pursuant to Section 17 of the Judgments Act 1838.

2(7)           The Company reserves the right to assign the benefit of any debt owed to them by the Customer to any third party at any time.

 

3.             DAMAGE

 

3(1)           The Company makes no representation warranty condition or guarantee express or implied statutory or otherwise that the goods supplied are fit for any purpose whatsoever irrespective of any information given by the Company as to the intended use of the goods.  Except as provided by section 12 of the Sale of Goods Act 1893 (as amended) the Company accepts no liability whatever for the breach of any representation warranty or condition express or implied statutory or otherwise in respect of the goods which is hereby expressly excluded and shall not be liable either in contract or in tort for any loss or damage direct or indirect and to whom so ever occurring arising out or in connection with the goods or their use.  Any instructions or advice as to the use of goods is given in good faith but is for information only and shall not give rise to any legal obligation whatever on the part of the Company.

3(2)           In respect of work and/or labour the Company makes no representation warranty condition or guarantee express or implied statutory or otherwise as to the quality of workmanship or materials and shall not be liable either in contract or in tort for any loss of damage direct or indirect and to whom so ever occurred caused by or attributable to any act, negligence or default by the Company, its servants or independent contractors and the Company accepts no liability whatever for the breach of any representation, warranty or condition expressed or implied statutory or otherwise in respect of such work or labour which is hereby expressly excluded.

3(3)           The Customer hereby undertakes and agrees to indemnify the Company fully against all liabilities, costs and expenses incurred by the Company as a result of any claim by any Third Party whether in contract, tort or otherwise in respect of goods supplied and/or work and/or labour undertaken by the Company.

3(4)           This condition shall be without prejudice to the statutory rights of the Customers dealing as consumer pursuant to the Unfair Contract Terms Act 1977.

 

4.             DELIVERY DATES

 

The Company will endeavour to supply goods and/or execute work on or before the date specified but time shall not be of the essence and the Company shall not be liable for any loss or damage direct or indirect for late performance.

 

5.             NOTIFICATION OF NON-DELIVERY OR DAMAGE

 

5(1)           If and when goods are delivered short and/or damaged on delivery the Customers must notify the Company in writing within 3 days of delivery of such shortage and/or damage. 

5(2)           Failure by the Customer to notify in accordance with sub paragraph 5.1 will render any claim that the Company may make against its own servants or agents engaged to make delivery or to carry out its own

investigation where delivery is done by the Company itself impossible and any loss therefore must be borne solely by the Customer.

 

6.             TITLE TO GOODS

 

6(1)          The property and goods shall not pass to the Customer until the Customer has paid to the Company all sums due.  If notwithstanding that the property in the goods has not passed to the Customer the Customer shall sell the goods in such a manner as to pass to a third party a valid title to the goods the Customer shall hold the proceeds of such sale on trust for the Company.

6(2)          The Customer agrees that prior to the payment of all sums due the Company may at any time enter the Customer’s premises and remove the goods therefrom and that prior to such payment the Customer shall keep the goods separate and identifiable for this purpose.

6(3)          Nothing herein shall constitute the Customer, the agent of the Company for the purpose of any such sub-sale.

6(4)                Notwithstanding the property and the goods shall not pass to the Customer save as provided above the goods shall be at the risk of the Customer from the time of collection by or delivery to him of the goods.

 

7.             PUBLICATIONS

 

All information contained in any of the Company publications is given in good faith but without warranty or condition and the Company accepts no liability for any loss or damage direct or indirect and howsoever occurring arising out of or in connection with the same.

 

8.            STATUTORY RIGHTS

 

Nothing herein contained shall override any provisions imposed by law pursuant to the Unfair Contract Terms Act, 1977 except in so far as any provision herein contacted may lawfully do so.

 

9.            GOVERNING LAW

 

All contracts shall be governed and construed according to the laws of England and any dispute arising out of or in connection with the same shall be submitted to the exclusive jurisdiction of the English Courts.