In these conditions SHAKER STYLE KITCHENS is referred to as “the Company” and the person signing the contract is referred to as the “Customer”. “The Goods” means the kitchen furniture, appliances, bespoke wooden furniture and other items ordered by the Customer for supply, delivery and/or installation by the Company. When the Customer signs the quotation, the Company and the Customer will enter into a legally binding contract on the date the quotation is signed.
All the terms of the contract between the Company and the Customer are contained in this contract and no variation of these terms or cancellation of this contract will be considered unless a written request is received within 14 days of the date of this contract.
The Contract is subject to English Law.
Quotations shall be deemed to be withdrawn unless acceptance is received in writing from the Customer within 90 days of the date of the Quotation.
The quantity and description of the Goods shall be as set out in our quotation. All goods supplied are of the best Commercial Standards but no guarantee is given or implied against minor imperfections beyond that given by the manufacturer. No responsibility can be accepted by the Company for any damage once the installation/ supply has been completed.
All prices are exclusive of VAT, except where expressly stated otherwise.
Payment terms are as stated in the order form.
If payment of the Price or any part of it is not made by the due date, the Company shall be entitled to charge interest on the outstanding amount, (both before and after judgement) at a rate of 8% above the Bank of England Base Rate accruing daily.
The fittings or products installed remain the property of the Company unless paid for in full. The Customer hereby agrees and authorises the Company, its agents or employees to allow access to the property to remove any products installed if payment of the total amount is not made in full.
The Company performs all work on a pre-determined, pre-scheduled basis requiring a clear understanding of all component locations. The Company will make sure that the specifications for the premises/ property are consistent with the design represented in the attached quotation. At all times, the Company must be informed of the status of the Customer’s installation and should we discover any issues it is part of our job to notify the Customer of any sudden changes that may need to occur.
The Customer will give access to the premises to any member of the Company, its agents, contractors and workmen at all reasonable times so that the Company may complete the installation / supply in accordance with the contract.
The Company accepts no responsibility for any damage resulting from structural or other defects in the property at which the installation is carried out but any complaint or claim by the Customer for compensation for any damage or alleged damage by the Company for which it may or may not be able under these terms and conditions must be made in writing to reach the Company within 48hrs of completion of the installation / supply. Time is of the essence and if such complaint or claim is not received within the said period of 48hrs the Company will accept no liability whatsoever.
Removal of personal belongings in the premises is the Customer’s responsibility. The Company shall not be liable for any consequential loss.
The Company shall be responsible for the removal of waste materials created by the installation (based on waste products being offcuts or excess pieces of supplied goods).
All order changes; product or location modifications must be put in writing and may be subject to additional charges. All design changes will automatically incur an hourly design fee of £75 plus VAT unless stated otherwise by The Company.
The Customer will be notified in writing if any additional charges will exist.
Any requests for partial or temporary installations will be honoured if possible. However, these requests will always incur additional travel and/or labour charges and could also incur additional parts charges.
All quotations are given, contracts entered into and accepted free of all liability for non-fulfilment caused by circumstances beyond the Company’s control, including acts of God, Government control, fire, accidents or other similar cause.
All items that are purchased from us are sold on the basis that they are specifically bought to order, and no order can be cancelled or returned for credit without the prior written agreement of the Company.
Cancellations must be made in writing within 24 hours of signing an order to firstname.lastname@example.org
If the Customer’s purchase has already been put into production, the Customer will still be liable to pay the full purchase cost of the items ordered and no refund will be given. If however, the production or purchase of any materials has not been made or manufactured, the Company may at its discretion give a full 100% refund.
The risk in the Goods shall pass to the Customer upon delivery to the Customer’s premises.
Where goods have been delivered to the Customer’s premises and are awaiting installation, risk or loss or damage to the Goods shall be borne by the Customer, but during installation, the risk of damage to the Goods caused by the Company shall be borne by the Company. Damage that is caused to Goods supplied by the Company after installation will be at the risk of the Customer.
The Goods remain the property of the Company until payment of the contract price in full has been received. Payment in full shall mean payment for the Goods and for the cost of all materials, labour and installation. For the avoidance of doubt, any sum paid by cheque will not be deemed to have been paid in full until the cheque has been honoured by the Customers bank.
Until then the Customer shall:
No responsibility whatsoever is accepted by the Company for any delay in delivery or installation unless the Company specially undertakes in writing to guarantee delivery by a specific date under a penalty.
All design right, copyright, patent rights and other intellectual property rights in all designs drawings, goods or documents produced or supplied by the Company shall be owned by the Company, even if they have been commissioned by the Customer.
Any such rights in any such things produced, supplied or made available by the Customer shall remain the property of the Customer, and the Customer warrants its title to them by the Company, except as expressly disclosed in writing and agrees to indemnify the Company against any claims by third parties in respect of infringement of their intellectual property rights.
Drawings or documents produced by the Company and supplies or shared with the Customer shall not be disclosed to third party companies, other customers or competitors unless previously agreed with the company in writing.
Except to the extent permitted by law, the Company will not be liable to the Customer for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any negligence or breach of the contract on our part and we shall have no liability to pay any money to the Customer by way of compensation other than to refund to you the Price you have paid to us subject to assessment.
Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any rights the Customer might have as a consumer under local law or other statutory rights that may not be excluded nor in any way to exclude or limit the Company’s liability to the Customer for any death or personal injury resulting from our negligence.
The Company will assume that all information, measurements and facts that the Customer provides are accurate and true. The Company will not accept liability for any loss or damage where we reasonably perform our services in reliance on these. We will be responsible for any measurements we make or provide unless the survey becomes void due to alterations made on site and not communicated in writing to the Company by the Customer.
The Company will attempt to ensure that the information available on the website at any time is accurate. However, the Company shall not be liable for any errors or omissions. The Company will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these. Any areas of the website that show estimate pricing are simply there as estimates and prices are always subject to variation and change.
The copyright in the material contained in the website and any trademarks and brands included in that material belongs to the Company or its licensors.
registered officeShakerStyle Kitchens - Unit 4, Wissenden Corner Bethersden Kent TN26 3EL