01522 775066 The Pelham Centre | Lincoln | LN5 8HE

Katie Brown Kitchen Terms & Conditions

All designs remain the property of Katie Brown Kitchens until the order is placed and the deposit paid; at which point the Terms and Conditions outlined below will become part of your contract. All quotations provided prior to placing your order are valid for 28 days.

Outline

This document outlines the key information that you need to be aware of in relation to your new Kitchen. A member of the Katie Brown Design Team will explain the details and confirm you have understood each point.

ORDER REVIEW
Please review your Order and confirm the Design, Customer Checklist and Appliance List are all correct by signing this document below. Please pay attention to the Cabinets, Worktops and Appliances to ensure they are the correct models, colours and specifications. If any alterations or amendments need to be made, please raise it with your Designer prior to signing.

If you have opted to install the furniture yourself or by a nominated fitter, please check that the Kitchen can be installed as the Design intended. You or your chosen installer must check that all measurements are correct. Katie Brown Kitchens shall not be held liable for any issues caused before, during or after the installation by you or your installer.

If you choose to supply your own existing or new appliances, you must ensure that they fit into the units or space on the Design.

Decorating is not included in the Price.

PAYMENT AND PRICING INFORMATION
A deposit of 30% is payable upon placement of the Order (refundable up to 28 days thereafter).

A second payment of 60% is payable prior to commencing production of the Kitchen.

The final payment of 10% is payable one week prior to delivery of the Kitchen, or 14 days after delivery is attempted, or upon completion of the installation of the Kitchen, if being undertaken by Katie Brown’s Installation team.

Any changes made to the Order once production of the Kitchen has commenced will be chargeable. We cannot accept returns or give refunds after production has commenced. If additional products are required that do not appear on the Order, they will be chargeable.

The cost of electrics, plumbing, plastering, building works, flooring, tiling, painting, installation, lighting, removal of redundant kitchen and/ or the removal of any waste are all not included as standard unless otherwise stated in the Customer Checklist and Order. These requirements are available, and we will be happy to provide an estimate upon your request.

DELIVERY INFORMATION
The date of delivery specified is an estimate only. Although Katie Brown Kitchens will endeavour to meet the estimated delivery date, we will not be held liable for any delay in delivery howsoever caused. Please ensure safe and clear access to your premises for the delivery driver and vehicle. It is advisable to clear a sizable area, with a clean, dry floor for storage of the furniture. Please check all deliveries on arrival with the driver, and in the unlikely event of any discrepancies or damages, do not install. Please contact us on 01522 775 066 within 48 Hours.

SUPPLY ONLY KITCHENS
An experienced installer is required for the fitting of our supply only furniture, and the information required to successfully complete your project will be supplied upon delivery. Should significant installation advice be required in addition to this, a fee will be charged for the time required. A quote for this will be provided on a case by case basis.

Terms of sale

1. APPLICATION OF TERMS AND CONDITIONS

1.1 The Supplier shall supply, and the Customer shall purchase the Goods and Services in accordance with the Order, Customer Checklist, Design, and Appliance List, which will form the Proposal and be attached to these Terms and Conditions therewith and shall be subject to these Terms and Conditions; and

1.2 The Contract shall be to the exclusion of any other terms and conditions subject to which any such Order is accepted orpurported to be accepted, or any such Order is made or purported to be made.

2. DEFINITIONS

2.1 Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

2.2 Contract means the legally binding agreement between the Supplier and the Customer for the purchase and sale of the Goods and Services under these Terms and Conditions;

2.3 Customer means any person or company who purchases Goods and Services from the Supplier;

2.4 Goods and Services means the articles which the Supplier is to supply, of the number and description as specified in the Order;

2.5 Order means the Customer’s Order for the Goods and Services from the Supplier as set out in the Order;

2.6 Proposal means a statement of work and / or other similar documents describing the Goods and Services to be provided by the Supplier;

2.7 Supplier means Katie Brown Kitchens of Pelham Centre, Canwick Road, Lincolnshire, LN5 8HE, with registered office at the same address, Company Registration number 11524458;

2.8 Terms and Conditions means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.

3. GENERAL

3.1 These Terms and Conditions shall apply to all Orders for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.

3.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.

3.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.

3.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory right as a Consumer.

4. BASIS OF THE SALE

4.1 Sales literature, price lists and other documentation advertised by the Supplier in relation to the Goods and Services are subject to alteration without notice and do not constitute an offer to sell the Goods and Services which are capable of acceptance. No contract for the sale of Goods and Services shall be binding on the Supplier unless the Supplier has accepted an Order placed by the Customer in writing.

4.2 Any typographical, clerical or other error or omission in any sales literature, price lists, other documentation and acceptance of offer issued by the Supplier shall be subject to correction without any liability on the part of the Supplier.

4.3 When an Order has been made, the Supplier can reject it for any reason.

5. THE ORDER

5.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 28 days.

5.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier within the period specified in Clause 5.1.

5.3 All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.

5.4 The Customer shall be responsible to the Supplier for ensuring the accuracy of the terms of any order (including any applicable specification) and for giving the Supplier any necessary information relating to the Goods and Services within a sufficient time to enable the Supplier to perform the Contract in accordance with its terms.

5.5 The quantity, quality and description of and any specification for the Goods and Services shall be those set out in the Proposal (if accepted by the Customer).

5.6 Illustrations, photographs or descriptions whether in sales literature, price lists and other documentation advertised by the Supplier are intended as a guide only and any discrepancies shall not be binding on the Supplier.

5.7 The Supplier reserves the right to make any changes in the specification of the Goods and Services which are required to confirm with any applicable safety or other statutory or regulatory requirements, or where the Goods and Services are to be supplied to the Customer’s specification, which do not materially affect their quality or performance.

6. PRICE AND PAYMENT

6.1 The price for the Goods and Services is as specified in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal.

6.2 Payment of the Price shall be in the manner as specified:
6.2.1 A deposit of 30% is payable upon placement of the Order (refundable up to 28 days thereafter); and
6.2.2 A second payment of 60% is payable prior to commencing production of the Goods; and
6.2.3 The final payment of 10% is payable prior to delivery of the Goods, or 14 days after delivery is attempted, or upon completion of the Services, if being undertaken by the Supplier.

6.3 Payment for Goods must be made within 7 days of Invoice. If the Customer fails to make any payment within 7 days of it becoming due, the Supplier shall be entitled to charge interest at the current base rate plus 2% per month on the outstanding amount.

6.4 The Supplier reserves the right by giving notice to the Customer at any time before delivery to increase the price of the Goods and Services to reflect any increase in the cost to the Supplier which is due to any factor beyond the control of the Supplier (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture) or to any change in delivery dates, quantities or specifications for the Goods and Services which is requested by the Customer, or any delay caused by any instruction of the Customer or failure of the Customer to give the Supplier adequate information or instructions.

7. DELIVERY

7.1 Delivery of the Goods shall be made by the Supplier delivering the Goods to the place specified in the Proposal.

7.2 Delivery of the Services shall be made by the Supplier completing the Services at the place specified in the Proposal.

7.3 The date of delivery for Goods and Services specified by the Supplier is an estimate only. Time for delivery for Goods and Services shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods and Services.

7.4 All risk in the Goods shall pass to the Customer upon delivery.

7.5 If the Customer fails to take delivery of the Goods or any part of them and/or fails to provide any instructions, documentation, licences, consents or authorisations required to enable the Goods to be delivered, the Supplier shall be entitled upon giving written notice to the Customer to store or arrange for the storage of the Goods and notwithstanding the provisions of Clause 7.3 risk in the Goods shall pass to the Customer, delivery shall be deemed to have taken place and the Customer shall pay to the Supplier all costs and expenses including storage and insurance charges arising from such failure.

8. TITLE

8.1 Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.

8.2 Until such time as the Title in Goods passes to the Customer the Supplier shall be entitled at any time to require the Customer to deliver up the Goods to the Supplier and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third parties where the Goods are stored and repossess the Goods.

9. CANCELLATION

9.1 The Customer may cancel an Order by notifying the Supplier in writing (an email is an acceptable form of writing) at the address above within 28 days of placing an Order and deposit paid will be refundable in full.

9.2 If the Customer fails to cancel the order within the time specified in Clause 9.1 any deposit paid may not be returnable.

9.3 If production of the Goods has commenced then it will not be possible to cancel the Contract. The Supplier shall not accept returns or give refunds after production has commenced.

10. WARRANTIES AND LIABILITY

10.1 The Customer shall obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the costs of which shall be the sole responsibility of the Customer.

10.2 The Supplier warrants that the Goods will at the time of delivery correspond with their specification subject to such tolerance as are reasonable and as are normally accepted in the trade and will be free from defects in material workmanship at the time of delivery.
10.2.1 The above warranty is given by the Supplier to the following conditions:
10.2.1.1 The Supplier shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Customer; and
10.2.1.2 The Supplier 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 Supplier’s instructions (whether verbally or in writing), misuse or alteration or repair of the Goods; and
10.2.1.3 The Suppler shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods and Services has not been paid by the due date for payment; and
10.2.1.4 The warranty above does not extend to Goods not manufactured by the Supplier, in respect of which the Customer shall only be entitled to the benefit of any such warranty or guarantee as it is given by the manufacturer to the Supplier. This guarantee will take effect at the time the Goods are delivered.

10.3 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.

10.4 Nothing in the Terms and Conditions shall exclude or limit liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.

10.5 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economical loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

10.6 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.

11. FORCE MAJEURE

11.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

12. DATA PROTECTION

12.1 The Supplier’s data protection process complies with the General Data Protection Regulation, and all personal information provided by the Customer to the Supplier will be processed by the Supplier in accordance with those obligations imposed by the Data Protection Laws:
12.1.1 The Supplier shall identify the purposes for which information is being collected before or at the time of collecting the personal data from the Customer, and will only process personal data for the purposes identified;

12.2 These Terms and Conditions shall be read in conjunction with the Supplier’s Privacy Policy and Cookies Policy.

12.3 For the purposes of these Terms and Conditions:
12.3.1 ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR, and ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.

13. GOVERNING LAW

13.1 These terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.

14. PHOTOGRAPHY AND MARKETING

14.1 Any images secured or taken of your project may be used by the Company without charge in all media (whether now existing or in the future invented) for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind such as brochures, slides, video shows or the internet. The use of such images will not include any reference to the name or location associated with the project. We require that you inform us in writing if you wish to withdraw permission for the use of these images. Any written feedback supplied to the company may also be used for promotional purposes as detailed above.

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