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In
these conditions “the Contract” shall mean the Contract
appearing overleaf; “the Company” shall mean JOHN COOPER
BESPOKE KITCHENS, and “the Customer” shall mean the
person signing the Contract next to the words “Customer’s
Signature”.
1. It is the intention of the Company that all terms of the agreement
between the Customer and contained in this Agreement and in the
brochures, catalogues and specifications provided to the Customer.
2. Subject to the Company being able to contact the Customer and
arrange a mutually convenient appointment, the Company will arrange
for a technical surveyor to visit the Customer’s premises
within 10 working days of the date of this Agreement for the purposes
of measurement and survey of premises, plumbing, drainage and other
services. If, following such a survey, it becomes apparent that
the installation has been underpriced beyond the reasonable expectation
of the agent or a major modification to the specifications for the
installation is necessary, the Company will inform the Customer
within 21 working days after the survey was undertaken and give
written reasons. The Company may make minor modifications to the
specifications without notifying the Customer where such modifications
are required as a result of the Company’s surveyor’s
inspection provided that such modifications do not materially affect
the
appearance, design and quality of the goods.
3. If for any reason beyond the Company’s reasonable control
the Company is unable to supply a particular item of furniture or
a
particular appliance, the Company will notify the Customer. With
the agreement of the Customer, the Company will replace it with
an item of superior standard and value.
(a) The products are guaranteed unconditionally for a period of
12 months, such guarantee will take effect from the date of installation
of the Products PROVIDED THAT all sums due
on completion of the installation as described in the Contract have
been paid on or before the relevant dates.
(b) The said guarantee is personal to the Customer and is not transferable
to any other person.
3.1 The Company will do all that it reasonably can to meet the date
given for delivery and/or installation. In the case of unforeseen
circumstances beyond the reasonable control of the Company, the
Company may not be able to do so. In such circumstances the Company
will contact the Customer and agree an alternative date.
3.2 The Customer will also do all that he/she reasonably can to
enable delivery and/or installation to take place on the given date.
In the case of unforeseen circumstances beyond the reasonable control
of the Customer, the Customer may not be able to do so. In such
circumstances the Customer will contact the Company and agree an
alternative date.
4. If at any time the installation is, for a structural or technical
difficulty impractical, the Company shall, on request, provide written
reasons for the difficulty to the Customer and may terminate this
Agreement. If the Company terminates this Agreement under these
conditions then any deposit paid will be
refunded. However, if the difficulty in question could not reasonably
have been expected to have been anticipated by the surveyor, the
Company will not make to the Customer any payment for any loss or
damage the Customer may suffer as a result of that termination.
5. The Company does all it reasonably can to ensure the price quoted
by its agent at the time of the contract is correct. It is recognised
that the kitchen is a made to measure product. The
Company will arrange for a technical surveyor to visit the Customer’s
premises for the purposes of measurement and survey of premises,
plumbing, drainage and other services. If, following such a survey,
it becomes apparent that the installation has been underpriced for
a technical reason beyond the reasonable expectation of the agent,
or as the result of a significant calculation error by the agent,
then the Company will forthwith inform the Customer and both parties
will attempt to agree a revised price for the installation. In the
event that a new price cannot be agreed then either party is entitled
to terminate the contract whereupon any monies will be repaid in
full. In circumstances where the incorrect pricing has resulted
from an error in information provided by the Customer to the Company
with regard to the premises where the kitchen is to be installed,
and in particular to the services and drainage available to those |
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premises,
and termination of the contract has occurred in accordance with
the provisions of this clause, then the Company will not make to
the Customer any further payment for any loss the
Customer may suffer. However, any deposit paid by the Customer will
be repaid in full.
6. 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 supplied will be to a satisfactory
standard and also that the kitchen will be installed in the
Customer’s home to a satisfactory standard.
7. Where the Company has agreed to only supply the furniture and/or
appliances for export, the Company agrees 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 and/or appliances
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 the shipping of
goods from mainland UK or with any installation of the furniture
and/or appliances by the Customer as mentioned above.
8. All appliances are supplied subject to any guarantees and after
sales services that are offered by the manufacturers themselves,
or where appropriate subject to the terms of extended warranty scheme.
9. Nothing in this contract confers or purports to confer on any
third
party any benefit or any right to enforce any terms of this contract.
10. It is acknowledged by the Customer that the colour of natural
wood products may fade or discolour over time due to natural processes
and the Company accepts no responsibility for such
occurrence.
11. The Customer agrees to give access to the premises for the purposes
of delivery and/or installation or subsequent visits that may be
necessary for completion of the installation.
12. The Company will clear away and dispose of any debris created
by the installation or remedial work and will leave the premises
in a clean and tidy condition.
13. The Customer is advised and accepts that the installation may
cause damage to decoration. It is anticipated that the kitchen will
require redecoration following installation. This will be the
Customer’s responsibility and is not included in the price
unless specifically set out otherwise overleaf. For the avoidance
of doubt this provision does not exclude the Company’s responsibility
for
any damages which are beyond what is reasonably commensurate with
the fitting of the kitchen in the usual way (for example, damage
to other areas of the premises where kitchen units/appliances are
not being fitted.
14. The Customer agrees that there will be an available supply of
water, gas and electricity on the premises for the purpose of carrying
our the installation and services will be supplied at no
cost to the Company.
15. On delivery or collection, the risk of any loss or damage to
the furniture or units becomes that of the Customer.
16. The Customer will not legally own the furniture and/or appliances
until the balance of payment is made by the Customer to theCompany.
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.
17. Although the Company may be prepared to agree to certain changes
to the original terms of the contract, this 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.
18. As part of the order process the Company requires the Customer’s
name and address and other relevant information. Personal information
provided by the Customer will be held by the
Company for credit checking and/or marketing purposes.
19. The Company and the Customer agree that these terms shall be
governed by and construed in accordance with the Law of England.
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