1.1 The ‘Buyer’ means the Account Applicant or person who buys or agrees to buys, goods from the Seller.
1.2 The ‘Seller’ means Kitchen Manufacturing Company Ltd (KMC).
1.3 The ‘Conditions’ means the conditions of sale set out in this document and any special conditions agreed in writing by the Seller.
2.1 These ‘Terms and Conditions’ do not affect your statutory rights as a consumer.
2.2 All contracts of sale made by the Seller shall be deemed to incorporate these ‘terms and conditions’ which shall prevail over any other document or communications from the Buyer.
2.3 If any amendments to this Terms and Conditions are required, it is preferable that they are confirmed in writing.
2.4 Acceptance of Delivery of Goods, shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.
3.1 The Price shall be that on the Sellers Current Price List, web site or if applicable the price contained in the Sellers Quotation.
3.2 Should a Product’s price change between receipt of order, and dispatch, the buyer will be notified and be given the opportunity to cancel the order and be given a full refund of any monies paid.
3.3 All prices are exclusive of V.A.T. and charges for Packing, Postage and Carriage (plus V.A.T.) which shall be paid in addition.
3.4 In the case of consumer sales, payment must be made in full, before the despatch of goods.
3.5 In the case of consumer sales, 50% of payment is due on agreement and final 50% payment made in full, before the despatch of goods. Time of payment shall be of the essence and any failure to pay shall entitle the Seller at its option to treat the Contract as repudiated by the Buyer or to delay deliver until Payment is made.
3.6 If any act or proceedings shall be commenced in which the Buyers solvency is concerned, all monies under any transaction covered by these conditions shall immediately become due and payable.
- Interest on Overdue Invoices
4.1 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day, until the date payment, at 2% above Lloyds TSB Bank’s base lending rate for the time being in force per calendar month.
- Warranty and Liability
5.1 The Seller warrants that the Goods will at the time of delivery, correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer ( As defined in the Unfair Contract Terms Act 1977 section 12 ) all other warranties, conditions or terms relating to fitness for purpose, merchantability or conditions of the Goods, whether implied by Statute Common Law or otherwise are excluded and the Buyer is satisfied as to the suitability of the Goods for the Buyers purpose.
6.1 Products supplied within the U.K. as hardcopy will normally be delivered within 20 working days from receipt of signed order acknowledgement.
6.2 Where a specific delivery date has been agreed, and if this cannot be met the Buyer will be given the option to agree a new delivery date or to cancel the order and receive a full refund.
6.3 Whilst every reasonable effort will be made to keep any delivery date, time of delivery date shall not be of the essence and the Seller shall not be liable for any losses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
6.4 Delivery of the Goods shall be made to the Buyer’s address and the Buyer shall make all arrangements necessary to take delivery of the Goods, whenever they are tendered for delivery.
6.5 Free delivery will be agreed when value of goods £750.00 or more net on carcases (this does not include doors or mechanisms) up to 25 mile radius from our manufacturing base with one man delivery curb side.
- Ownership and Risk
7.1 The risk in Goods, shall pass to the Buyer upon delivery of the Goods, being appropriated to the Buyer but kept in the Seller’s premises at the Buyer’s request.
7.2 The Seller remains the owner of the Goods affected by the contract until the Seller has been paid in full for such Goods.
7.3 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 48 hours of delivery if the Goods are damaged or do not comply with any of the contract. If the Buyer fails to do this he is deemed to have accepted the Goods.
7.4 Any Goods in respect of which any claim or defect or damage is made shall be preserved by the Buyer intact together with the original packaging at the Buyer’s risk and either –
- a) retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or collect the Goods, or
- b) At the Sellers option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are in fact defective.
- Cancellation and Returns
8.1 If it is agreed that the Goods are to be returned –
- a) A Goods return number be obtained from the Seller and must be clearly shown on the returned parcels.
- b) The Buyer will be liable the cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the Goods being inadequately packaged or through the Buyers fault.
- c) The Seller reserves the right to make a handling and re-stocking charge of 50% on Goods which are returned if they were ordered in error or are no longer required. If the Goods are faulty or being returned under Clause 8.2 then the re-stocking charge will not apply.
8.2 If you are a consumer you have the right in addition to other rights, to cancel your contract with Kitchen Manufacturing Company Ltd, and receive a refund subject to the re-stocking charge. You must contact us and inform us in writing of your desire to cancel your contract within 5 working days of receipt of the relevant product(s). You must return the Goods to us, at your cost and we advise you to ensure the Goods are adequately insured and securely packaged for any return journey.
- Force Majeure
9.1 In the event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Power Cuts, Acts of God, War, Strikes, Lock Outs, Flood and Failure of third parties to deliver Goods, the Seller shall be relieved of its obligations and liabilities under such contract of sale as long as such fulfilment is prevented.
- No Waiver
10.1 The Seller’s failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.
11.1 Except as may be implied by law, where the Buyer is dealing as a consumer, or in any event of any breach of this Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods, and the Seller shall under no circumstances be liable for any indirect incidental or consequential damages.
12.1 If you have any complaint, about our service or any goods, or services you purchase from Kitchen Generator Ltd then please contact us immediately. You will be contacted as soon as possible and definitely within 1 working day, and our aim is to provide a solution within 5 working days.
12.2 All complaints will be dealt with in a fair and confidential manner.
13.1. Any contracts shall in all respects be construed and operate as an English contract and conforming with English Law.
13.2 If any part of these Terms and Conditions that is not fundamental, is found to be illegal or unenforceable such finding will not affect the validity or enforceability of the remainder of these Terms and Conditions.
By Placing an Order with Kitchen Manufacturing Company Ltd, You are agreeing to these Terms and Conditions © 2017 Kitchen Manufacturing Company Ltd.