In the terms below Essential Fitting Ltd also trading as Tradebedrooms.eu and tradekitchens.eu and firstinteriors.eu is called “the Company” and any of its subsidiaries or successors in title. The other contracting party is called “the Customer”.
1) All the terms of this agreement between the Company and the Customer are contained in this document.
2) Although the Company may be prepared to agree to certain changes to the original terms of contract, this will be on the understanding that it does not infringe the Company’s full rights under the contract and that it does not prevent the Company from exercising those rights in the future. No contractual changes shall be valid unless made in writing and signed by the Customer and authorised by a director of the Company.
3) The time of payment shall be an “essence” of the contract.
4) The Company retains full control of the production and installation. The Customer agrees that the Company may make minor modifications to the specifications for the materials and to the design of the installation at its discretion. The Company need not tell the customer that it has done this. If a major modification is necessary, the Company will inform the Customer and agree the matter with them.
5) The Company’s policy is one of continuous product development and improvement and it reserves the right to alter specifications, design, materials used and prices without prior notice. The Customer agrees that granite and marble are natural materials and variations and imperfections in shading and colour are characteristic of the material and not a fault. The Customer agrees that where wood has varying degrees of grain, knots and colour shading, this must be seen as part of the character of the material and not a fault.
6) The description of goods in leaflets, catalogues or other written matter shall not constitute a contract of sale of goods by description so as to impose the relevant clauses of the Sale of Goods Act 1979 on the Company.
7) If for any reason, the Company is unable to supply a particular item of furniture or a particular appliance, the Company will notify the Customer. The Company will normally replace it with an item of equivalent or superior standard and value.
8) The Company will do all that it reasonably can to meet the date given for delivery and / or installation. However, in the case of unforeseen circumstances, the Company may not be able to do so and cannot therefore guarantee delivery or installation dates. If the Company cannot deliver or install on time that is not to be treated as a breach of contract. The Company will contact the Customer and agree an alternative date. In these circumstances, the Company will not make any payment for loss, whether direct or consequential, that the Customer might suffer.
9) The Customer agrees that the structure, condition and suitability of the premises for the installation are the Customer’s responsibility. If at any time the installation is impractical, for a structural or technical difficulty, the Company may terminate the contract. If the Company terminates the contract under these conditions then any deposit paid will be refunded. However, the Company will not make any payment for loss the Customer might suffer.
10) The Company does all it reasonably can to ensure the price quoted by our agent at the time of the contract is correct. However if the goods and / or the supply or installation of the goods have for any reason been underpriced by the agent, then either party can elect to renegotiate the price, upon the Company notifying the Customer of this discrepancy. In the event that a new price cannot be agreed then either party is entitled to terminate the contract whereupon any moneys will be repaid in full. In these circumstances, the Company will not make any repayment for loss the customer might suffer.
11) On delivery or collection, the risk of any loss or damage to the furniture or units becomes that of the Customer.
12) The Customer agrees that the Company is supplying a tailored product and understands that goods purchased by the Company in order to deliver the contracted work may not be returned for credit.
13) Payment of the balance due on delivery shall be made on delivery of the furniture and / or appliances . The Customer will not legally own the furniture and / or appliances until the balance of payment is made by the Customer to the Company. The goods do not become the Customer’s until the Customer has paid for them in full and, until such time, the Customer shall keep the goods in good repair, condition and properly protected and insured. The goods are not warranted / guaranteed until payment is received in full.
14) Until the Customer has paid in full for the goods, the Company will be able, at any time, to demand the return of the goods by the Customer. If the Customer fails to return the goods, the Company will be able to enter the Customer’s premises or any other person’s premises where the goods are kept and repossess the goods.
15) It is clearly understood and agreed between the parties that the goods will not become fixtures of any property where they are situated.
16) It is clearly understood that the agent is not authorised to make any representations inconsistent with or additional to the terms and conditions printed above. The terms can only be varied by a Company director in writing and signed by both parties.
17) The customer is responsible for obtaining and paying for any planning permissions and building notices as required by law.
18) Conditional Warranty. On installations the Company guarantees the carpentry, electrics and plumbing for a period of 12 months against defective materials and faulty workmanship where the Company’s fitter has done the work. The kitchen components are guaranteed by the appropriate manufacturer’s own guarantee. Due to the nature of MFC, there is no guarantee against moisture ingress to the units or plinths.
19) Late payment. The company reserves the right to charge interest and a fee up to £100.00 compensation for late payment of accounts as government legislation permits.
20) The Company and the Customer agree these terms shall be governed by and construed in accordance with the Law of England and they further agree that the English Courts shall have exclusive jurisdiction. The Company can also recover all reasonable costs in litigation.
21) Force Majeure. If the Company is unable to provide the kitchen, the appliances or an installer on the planned day of installation for any reason beyond its reasonable control including without limitation acts of God, war, riot, strikes, power failure or government action such failure shall not constitute a breach of this contract by the company.
22) The Company reserves the right to charge storage when the Company informs the customer of its intention to do so. This applies when goods are ordered and not collected/delivered after 2 weeks of manufacture. The rate of storage shall be £5.00 per sq. ft, per week.
Supply and fit orders
23) Where the Company has agreed to supply and install the furniture and / or appliances, the Company will ensure that the quality of the furniture and / or appliances will be to a satisfactory standard. and also that furniture will be installed in the Customer’s home to a satisfactory standard.
24)Your right to cancel. You have a right to cancel. You can do so by sending or taking a written notice of cancellation to Essential Fitting Ltd, Watch Close, Spon Street, Coventry CV1 3LN, Tel 02476 100800. You have 7 days, starting with the day you receive this copy. If you cancel an order, any moneys you have paid will be returned to you.
25) The Customer agrees to give access to the premises for the purpose of delivery and / or installation or subsequent visits that may be necessary for the installation.
26) The Company agrees to leave the premises in a clean and tidy condition created by the installation. Removal of the debris and waste is the customers responsibility.
27) The Customer accepts that the installation may cause decorative damage. Reinstatement of decorations and retiling or reflooring works are not included in the price and are the Customer’s responsibility.
28) The Customer agrees that there will be an available supply of water, gas and electricity on the premises for the purpose of carrying out the installation within a metre of each appliance / sink. The Customer agrees that the contract price assumes a suitable electrical point for each appliance, and that additional electrical works and alterations of pipework to feed the rest of the house will be charged as extras if not included in the contract price.
Supply only orders
29) The Company guarantees that the quality of the furniture and / or appliances will be to a satisfactory standard. The Company is not responsible for the installation of the furniture and / or appliances. Any installation of the furniture is the sole responsibility of the Customer. The Company shall not be responsible for any damage or loss in respect of the units supplied by the Company arising out of or associated with any such installation of the furniture and / or appliances.
30)Your right to cancel. You have a right to cancel. You can do so by sending or taking a written notice of cancellation to Essential Fitting Ltd, Watch Close, Spon Street, Coventry CV1 3LN, Tel 02476 100800. You have 1 day, starting with the day you receive this copy. If you cancel an order, any moneys you have paid will be returned to you in full after this we can only refund the delivery cost (if charged for).
31) The Customer agrees to give the Company cleared funds for the full contract price 7 days prior to delivery or, where the order is placed less than a week prior to delivery, on placing the order.