Terms & Conditions
- 1. Goods supplied in the execution of this Order will be of merchantable quality and to the same general standard as those displayed to the Public in the showroom, but if necessary Clumber Kitchens may change the specification of Goods provided they are of no lesser quality.
- 2. Any defect in Goods, which comes to the client’s notice, must be reported immediately to Clumber Kitchens.
- (b) Where necessary, Clumber Kitchens, it’s employees or agents shall be allowed reasonable access to inspect the items forming the basis of the complaint and if necessary reasonable access to remedy the same.
- (c) i) On delivery and installation of Goods the client will be afforded the opportunity of examining the Goods.
ii) Any alleged breaches relating to merchantable quality, fitness for the purpose or compliance with description shall be reported to Clumber Kitchens immediately.
iii) If it has been agreed that there has been a breach, Clumber Kitchens will be afforded the opportunity of repairing or replacing Goods the subject of the complaint so as to remedy the breach.
- (d) Where an Order is accepted by reference to a Plan, Clumber Kitchens shall for the purpose of completing the Order only to be bound to complete an Order in accordance with the description contained in the plan.
- 1. Date of delivery or date of fitting shall not be constructed as a fundamental term or Order. Delivery dates quoted at the time of placing an Order are subject to availability of furniture and fitters.
- 2. Where delivery or installation on or about the due date is declined by the client, full payment being then due. Goods will be held for a further 28 days on a delivery or fitting paid basis, as appropriate, after which time storage charges may be applied to the Client and Clumber Kitchens may apply.
- 1. This will be carried out in a workmanlike manner. Any failure in this respect accepted by Clumber Kitchens will be rectified by refitting if necessary.
- 2. It is the client’s responsibility to have the site cleared for installation.
- 3. Clumber Kitchens cannot accept responsibility for any additional costs incurred and resulting from alterations instigated by the Client subsequent to the initial quote, unless notified in writing to Clumber Kitchens prior to manufacture of the furniture and accepted by Clumber Kitchens in writing.
- 4. Where replacements are supplied by Clumber Kitchens in the course of execution of an Order include fitting, then the supply of such replacements will include fitting.
- 5. All deliveries of Goods and installation must be signed for on a Satisfaction Note on completion of installation. All agreed damage to or faults in Goods and shortages in any terms and damage to or faults in worktops must be noted on the Satisfaction Note at the date of fitting.
- 6. No liability can be accepted for the damage to decorations, or items not supplied by Clumber Kitchens during the installation, unless reported to and agreed with the installer and clearly noted on the Satisfaction Note at the date of fitting.
- 1. The prices at which Goods are sold are those ruling at the date of an Order. These may be varied where delivery periods are extended at the request of the Client by additional storage charges and application of prices ruling at the time of delivery.
- 2. Where Goods are sold on credit terms, then payment will be governed by the credit agreement.
- 3. On cash sales, the payment will be in three parts:
- 4. Retention of Title: The property in any Goods whatsoever delivered by Clumber Kitchens shall not pass to the client until payment in full has been received by Clumber Kitchens in respect of all Goods.
- 5. Cancellation:
- (a) Deposit- this is a condition of acceptance of an Order and is a minimum of 25% of the total value.
- (b) Delivery- due when the client is advised that the furniture is available for delivery, or seven days prior to delivery, whichever is the later.
- (c) Fitting- Final payment will be due on the fitting date as agreed by both Client and Clumber Kitchens unless agreed otherwise.
- (a) If the client cancels on Order Clumber Kitchens may at its option forfeit the deposit and/or claim damages for breach of contract.
- (b) If the client fails to comply with Conditions as to the payment Clumber Kitchens may cancel an Order and its option for the deposit and/or claim damages for breach of contract.
- In the event of any circumstances, contingency or force majeure occurring beyond the control of Clumber Kitchens preventing, impelling or interfering with the despatch of the whole or any part of the Goods, Clumber Kitchens reserves the right to suspend and/or cancel delivery without incurring liability for any direct or consequential loss, injury or damage which may be caused or sustained by the Client and/or any third party in consequence of any such suspension and/or cancellation.
- Goods are sold with the benefit of such Guarantee as Clumber Kitchens may specify from time to time. This does not affect the Client’s statutory rights.
- No Variation of these conditions shall be effective unless either:-
- (1) Made in writing and signed by an authorised employee of Clumber Kitchens, or
- (2) Contained in the confirmation issued by Clumber Kitchens upon acceptance by it of an Order.
