Your contract is made under the following terms and conditions. Please read carefully and ask for an explanation if they are not clear.

 

1. KITCHEN UNITS

 

The products to be supplied and installed, where applicable, are set out in the contract. The specification, size and construction for each unit are shown in the current literature and in your specific quote.

The Company will supply what is included in the quote you have been provided with. Any kitchen plans used are for the purpose of visualisation You are buying and will receive what is included in the quotation. It is vital that you notify the company of any discrepancy between what was ordered and what was delivered. This should be within 48 hours of delivery. Any defective or wrong size of product should not be used but be reported to The Company. Use of any of the product is deemed as acceptance of the product. 

 

2. THIRD PARTY APPROVAL

 

If the contract is subjected to a loan from a bank, building society or finance company, and/or if it is a subject to any other third party approval including, but not limited to, approval from a landlord or local authority etc., then this agreement will become effective upon receiving written approval at our Head Office.

 

3. ADDITIONAL PRODUCTS

 

Any additional work/items to be provided must be clearly and specifically indicated on the contract.

 

4. SPECIALIST APPLIANCES

 

Should a request for specialist appliances be made by you, every reasonable attempt will be made to comply with your request. Any supply of specialist appliances will be subject to availability and price confirmation and will not be a term of contract.

 

5. GRANITE WORK SURFACES

 

All granite work surfaces and splash backs are purchased from a specialist supplier. The prices given in respect of these items are estimates and will be confirmed following receipt of notifications of your required specification and templating by the supplier. 

 

6. SURVEY

 

In cases where The Company is undertaking the fitting it will carry out a technical survey to ensure that:-

 

• The contract specification is correct
• To examine the property to ensure the kitchen can be installed.

 

The survey will be carried out within 7 days or by mutual agreement. In the event of unforeseen structural difficulties the company reserve the right to cancel.

 

Details of the structural programme will be given in writing.

 

At the time of survey you will be provided with:-

 

1. Plan and schematic of your new kitchen
2. Colour representation of your new kitchen
3. Detail checklist of the proposed installation
4. Detail of any work to be the responsibility of the customer
5. Details on any order variation which may supersede the contract

 

This contract is subject to the director’s discretion after survey; your deposit will be refunded should the contract be cancelled.

 

7. BUILDING WORKS

 

In the event that building works are required, an estimate will be provided which will subsequently be either confirmed as a quotation by the surveyor upon carrying out the technical survey or if considered by the surveyor to be necessary, a building contractor will be requested to provide a quotation for the works. A written quotation will subsequently be provided.

 

8. GAS AND ELECTRICITY

 

If, during the fitting, it is found necessary to carry out additional work to ensure the safety of any electrics or gas, and this could not have been foreseen during the survey, NewKitchens.co.uk reserve the right to make a reasonable additional charge for this work, unless the customer wishes to have this work carried out by a contractor of their own choice and at their own expense.

 

9. VARIATIONS

 

1. a. Any variations to the contract must be agreed between you and NewKitchens.co.uk and then confirmed in writing. Verbal agreements are not accepted as binding unless subsequently confirmed in writing.
2. b. The price will be affected by any material changes that you request or which are agreed following the survey.
3. c. After the technical survey, the company reserves the right to make any deviation from the specification in the contract and plans which would not materially affect the design if, in the opinion of the company, such alterations would facilitate the proper execution of the work.

 

If, following such a survey, the company is of the opinion that the specification, plans or any other parts of this contract have been completed incorrectly or inaccurately, and then the company will discuss the matter with the customer and the following provision shall apply.

 

If the parties agree on the necessary variations, the variations will be recorded in writing by completion of a variation form. This variation in all respects shall be governed by these terms of sale and the contract variation form will be signed by both parties.

 

If the parties cannot agree on the necessary variation, the company reserves the right to terminate this contract forthwith by written notice to the customer, and the customer will not be entitled to any damages.

 

Any monies already paid will be reimbursed to the customer.

 

Both parties have the option to cancel the contract if they cannot agree on any variation.

 

10. PRICE

 

The price of kitchen is detailed on the purchase contract form overleaf. Please note this includes all items listed in the contract, the extra products, their installation and other works actually indicated.

 

Alterations to the contract will be clearly indicated on an Order Variation Form, together with price variation if applicable.

 

Any special offers must be clearly stated on the contract at the time of sale. Any special offers instigated after the sale by the company by way of general marketing cannot be applied retrospectively. 

 

11. PAYMENT

 

The payment terms for contracts payable by cash or personal loan are detailed on the front of the contract.

 

If you withhold more money than the value of any outstanding work or delay payment, then we will apply interest to the outstanding balance at 5% above National Westminster Bank base rate accrued on a daily basis.

 

The company shall retain ownership of the products until payment is received in full.

 

12. DELIVERY

Standard delivery times and schedules run between Monday to Friday - 9am – 6pm and exclude bank holidays. Delivery can be at ny time during the day.

You will be notified of your kitchen delivery date after you order has been processed. You will be updated regarding the expected dispatch date closer to the time. One week prior to dispatch you will be requested to make payment. Upon payment your dispatch date will be confirmed.

 

It is important that you are ready to accept your kitchen delivery. In the case where your kitchen is delivered rigid or assembled you will need 2 able bodied people to unload and take delivery of your kitchen. The delivery company is responsible to bring the goods to the address. They are not responsible to unload or bring the goods into your house.

Should you wish to change the delivery date you need to inform us in writing (email) at least 1 week before the estimated dispatch date. Failure to do so will mean the goods will be dispatched and failure to accept delivery will result in an extra delivery charge passed on to the customer. If the delivery needs to be stored the good this cost will be passed on to the customer. The reason is that the delivery company will have loaded the truck and have the goods enroute to you. If you cannot take the goods this has to be organised again and paid for.

If on the request of the customer the delivery needs to be split up into more than a single delivery than an extra delivery charge will apply.

General Delivery information:

• Doors, panels and cabinets are delivered as a single delivery when rigid or assembled.

• When ready-to-assemble is preferred the doors / panels and cabinets may be on separate deliveries.

• Appliances are delivered in a separate delivery.

• Most worktops are delivered in a separate delivery or brought to site as part of the template and fit service.

• Most accessories will be delivered with the kitchen cabinets or doors.

You will be notified of your delivery schedule within a week of your order being confirmed. If time allows we will do our best to accomodate your target delivery date. The delivery company will contact you to let you know the time of your delivery, usually the morning of the delivery.

The goods are supplied with packaging material, including crates. These are non-returnable and are the Buyer's responsibility for disposal as appropriate

Damage

Should any of the delivered goods be damaged they must be signed for as damaged. Failure to do so will mean replacements will incur a cost. If the packaging in any way looks damaged either fully inspect the goods prior to signing for them or sign for them as damaged.

Once any goods are signed for as damaged you need to report the damage to us by email within 24 hours. Ideally with an image of the damage and the item detail. Once signed for as damaged and reported then replacement items will be sent without charge as quickly as possible. Any goods accepted and signed for cannot be replaced free of change if damage is reported later. Equally any damage not reported within 24 hours of signing for the goods as damaged cannot be replaced free of charge.

These rules are not something that can be changed or negotiated around. They are simple and straight forward as they need to be. The reasons for the rules on damage is two fold:

1. we have insurance with the delivery companies so that any damage they cause is covered. This is however only possible if the goods are signed for as damaged. If the good are accepted then the delivery company has no longer any control on the goods and thus is no longer responsible.

2. Once the damage is reported within 24 hours it avoids any fitting damage been reported as delivery damaged. Again this relates to our insurance to cover us and you for any genuine damage that occurs in getting our goods delivered to you.

 

13. FAULTS/MIS-DELIVERY

 

In the unlikely event of misdelivery or faults, the Company will endeavour to resolve the complaint as soon as possible. The customer must inspect the goods on delivery and at that time sign for them as damaged if they are damaged. Should they be signed for, they are deemed accepted by the customer as fit for purpose. 

 

For special order items or units which have to be remade, an indication of the period of delay will be given by the Company to the purchaser within 7 days.

 

Once complete, the purchaser will sign the completion note and pay any balance outstanding.

 

The company is not liable for any delay in the completion of the work which arises misdelivery or faulty product.

 

14. WARRANTY

 

All appliances are supplied with a standard manufacturer’s warranty and, if appropriate, the manufacturer’s after sale service. You should complete any guarantee or paperwork they provide with their appliance to register for the guarantee. 

 

15. KITCHEN UNITS

 

Kitchen units are fully guaranteed. Please see Guarantee Certificate for full details of the service provided.

All kitchen furniture is covered for 10 years (parts only) against manufacturing faults. All faults need to be reported within 48 hours. Any vinyl wrap doors are guaranteed for 3 years other doors are fully covered for 10 years for any manufacturing fault.  

 

The Company reserves the right to charge a call out charge to inspect a fault. If the fault is deemed not to be covered under the guarantee the customer will be charged. After the expiry of 1 year from the date of the guarantee, a call out charge at the current rate plus an hourly rate is applicable. VAT will be charged at the prevailing rate, if the reason for the call out is found to be due to a manufacturing fault then the call out charge will be refunded.

 

All claims under guarantee must be made through the Company’s Customer Services Department using the standard Guarantee Claim Form.

 

16. LAW

 

You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected. If you breech these Terms and Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breech these Terms and Conditions. No changes in these Terms and Conditions shall be effective unless agreed by us in writing. If any court or competent authority finds that any provision of these Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted and the validity and enforceability of the other provision of these terms and Conditions shall not be affected. 

 

These terms and conditions are subject to English law. If you are not happy with the way we deal with any disagreement and you want to take court proceedings you must do so in England. The Order Form and these Terms and Conditions constitute the entire agreement between us and you. You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf which is not set out therein. 

 

17. LIMITATION OF LIABLILTY

 

We shall not be responsible for any breech of these Terms and Conditions caused by circumstances beyond our reasonable control. In particular, if the performance of our/our installer's obligations under these Terms an Conditions is prevented or delayed by any act or omission by you, neither we nor the installer shall be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from such prevention or delay. If we are in breech of these Terms and Conditions, we will only be responsible for any direct losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you make the relevant order. Subject to other provisions in these Terms and Conditions we shall not be liable for direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by us in breach of these Terms and Conditions. We shall have no further liability under these Terms and Conditions if, for any reason, you fail to accept delivery of any of the products when they are ready for delivery, or are unable to deliver your order on time due to inaccessibility or health and safety risks. This paragraph 17 shall not limit or affect our liability resulting from any products sold being found to be defective products under the Consumer Protection Act 1987 or in breach of the terms implied by section 12 of the Sale of Goods Act 1979 or if something we do negligently causes death or personal injury. Our liability to you in connection with any purchase order will not exceed the total price charged for the items. Our liability to you in connection with an installation order shall not exceed £2,000,000 (two million). 

 

18. CONCLUSION

 

The company wishes you to be entirely happy with both the product and the way it has been sold. In the event that you do not accept the terms and conditions in this contract, or you do not wish to proceed with the purchase, please note you have 7 days to cancel this agreement, unless you agree to waive this right.

 

19. IMPORTANT – USE OF YOUR INFORMATION

 

We do not knowingly sell or pass on any information about our customers to third parties unless this is vital to completing the order (the use of a specialist contractor for example). If you receive any marketing calls or other intrusions on your privacy which purport to come via your dealings with us, please inform us and we will investigate.

 

20. SPECIAL OFFERS

NewKitchens.co.uk reserves the right to make special offers available to its customers at anytime and in different media. No two offers can be combined unless the offer specifically mentions that they can. However a customer can avail of or pick one of the current offers, should more than one be on offer at the time of purchase. 

 

Free Kitchen offer - Spring 2013

In conjunction with The Telegraph we are running two separate free kitchen competitions. The terms are on those sites and the draw is undertaken independently and are open until 23rd April 2013  

To avail of this offer you need to comply with the terms listed on the promotional sites.

Some specific details:

You need to source your kitchen from Newkitchens.co.uk or have your retailer/fitter or builder source it from us. 

The price and prize of £2,000 relates to the price given by the party providing the kitchen to the winner be that a partner of NewKitchens.co.uk or directly from NewKitchens.co.uk.

To avail of the cash back offer you will need to have bought a kitchen for at least £2,000 retail price and this can include cabinets, doors and laminate worktops but not appliances, kitchen fitting, worktops be that wooden, granite or quartz. 

There is no cash alternative however a cash back is provided if you already bought your kitchen from us. 

The winner needs to be availble for and allow us to publish their name and photo and also the plan of their kitchen and the kitchen when installed, purely for promotional purposes. 

 

£250 Vochure or Cash Back Offer - everyone's a winner

The vochure offer applies to our standard retail prices. Should you have already paid for your kitchen we can offer you a cash back of £250.  The offer is open to one per order and on kitchen purchase retail value of at least £2,500 or above worth of cabinets and doors. The offer runs between 12th September until 30th November inclusive and must be redeemed in that period. The offer is also valid when you buy your kitchen from your local builder, retailer or trade person as long as they buy the kitchen cabinets and doors for your kitchen from us. In these cases we will provide you with a cash back once your kitchen is delivered and paid. This offer can be combined with other offers.

 

Free Kitchen offer - Autumn 2012

In conjunction with The Telegraph and ITV we are running two separate free kitchen competitions. The terms are on those sites and the draw is undertaken independently and are open until 31st November 2012 for The Telegraph and 15th November 2012 for ITV.  

To avail of this offer you need to comply with the terms listed on the promotional sites.

Some specific details:

You need to source your kitchen from Newkitchens.co.uk or have your retailer/fitter or builder source it from us. 

The price and prize of £2,000 relates to the price given by the party providing the kitchen to the winner be that a partner of NewKitchens.co.uk or directly from NewKitchens.co.uk.

To avail of the cash back offer you will need to have bought a kitchen for at least £2,000 retail price and this can include cabinets, doors and laminate worktops but not appliances, kitchen fitting, worktops be that wooden, granite or quartz. 

There is no cash alternative however a cash back is provided if you already bought your kitchen from us. 

The winner needs to be availble for and allow us to publish their name and photo and also the plan of their kitchen and the kitchen when installed, purely for promotional purposes.