Cymru Kitchens Terms & Conditions
In these conditions Cymru Kitchens Ltd is referred to as “Company” and the person or persons is referred to as the “Customer”.
- TERMS OF THE CONTRACT
All the terms of the Contract between the Company and the Customer are contained in this document. No variation to the printed terms of the Contract shall bind either party unless the variation is made in writing and signed by the party to be bound. If the Company is the party to be bound then such variation must be signed by the proprietor of the Company.
- REPRESENTATIONS AND WARRANTIES
No representatives or warranties are made or given by the Company save as are set out or referred to in the contract and the current brochure issued by the Company. No person other than the proprietor of the Company has the authority to make any other representations warranties or undertakings and the Company will not be bound by the same unless expressly approved in writing by the proprietor of the Company
The Customer shall give access to the premises to the Company its employees and workmen at all reasonable times by prior appointment so that the Company may complete the installation in accordance with this Contract.
- COMPLETION DATE
The Company shall use its reasonable endeavours to complete the work specified within the period quoted in the contract (such period to commence from the date upon which the Company shall notify the Customer in writing that all details of his order have been settled) or, if no period is mentioned or if the period is exceeded, within a reasonable time PROVIDED THAT the Company shall not be liable for any delay in the completion of the work to the extent that it arises from causes beyond the reasonable control of the Company including shortages of materials, strikes, lock-outs and cessation of work by workmen.
The price specified in the Contract will remain fixed for 24 weeks from the Contract date. The charge for installations agreed to be commenced after such period will be calculated by reference to price ruling at the date of installation. The Company shall give written notification to the Customer prior to the commencing the installation whereupon the Customer may cancel the Contract subject to the provisions of condition 11(c) below. Any variation in the applicable rate of VAT or where no VAT is shown, any imposition of VAT after the Contract date will be passed to the Customer.
The balance due on completion referred to shall be paid to the Company upon installation being completed excepting any minor remedial works. Payment may be made either by cash, credit card, BACS or by cheque payable to Cymru Kitchens Ltd. and crossed “A/c Payee only” and handed to the Company’s accredited agent or representative who shall give the Customer a copy of the Contract with the payment indicated and receipted. Where the Customer is to obtain a private loan, e.g. Building Society further advice, or Bank loan, he should make his own arrangement for the balance to be paid on the due date.
When payment is not made on the due date in accordance with condition 6 (a) above, the Company shall be entitled to charge interest on the outstanding amount at a rate of 2.2% per month from the date until the date of actual payment.
All units and appliances supplied remain the sole property of the Company until the balance is paid in full but shall be at the Customers risk from delivery.
Materials used in and the specification of the installation shall be determined by the Company’s representative , subject to the provisions of the order. The product arrangement shall in the absence of any special arrangement detailed in the Contract be determined by the Company. Pursuant to the Company’s policy of continuous improvement to its products it reserves the right to make any necessary modifications not involving material changes to the design of the products.
The Company undertakes to repair or replace free of charge any product manufactured by it which proves defective as a result of faulty materials or workmanship within 1 year from the date of commencement of the installation/delivery. Damage due to accident or misuse and faults or premature deterioration resulting from the Customer’s failure to comply with the Company’s maintenance instructions are not covered by such guarantee. This guarantee is not transferable and shall be void if the full price is not paid on the due date. The Company shall not be liable for consequential loss of any nature whatsoever (including any loss of earnings) save for death or personal injury resulting from negligence. Electric or gas appliance installed under the Contract will be subject to the respective manufacturers own after sales service and guarantee does not extend to such appliances.
- LIABILITY FOR DAMAGE
The Company will not be responsible for any damage cause to plastering, tiling or decoration save where such damage has been caused by negligence of the Company, its employees or agents. The Company accepts no responsibility for any damage resulting from structural or other defects in the property at which the installation is carried out. The Company will not undertake, and it is not integral part of this Contract, to complete any plastering, tiling or decoration on behalf of the customer.
- Where the balance of the sum due on completion is to be paid by personal loan arranged by the Company and the contract is negotiated and signed by the Customer other than at any premises of the Company, the Customer will have for a short time, a right to cancel without penalty, the Contract and any application for credit arranged by the Company, if he serves written notice of his desire to cancel on the Company at Cymru Kitchens Ltd, 63 Caerleon Road, Newport, Gwent, NP19 7BX in accordance with the cancellation procedures set out in the acceptance letter which will be sent to the Customer by the Finance Company to which the Finance application has been submitted. Such contracts are subject to the relevant Customer credit legislation.
- The Company may cancel the Contract and all money paid by the Customer will be refunded upon receipt of a survey report unsatisfactory to the Company.
- Subject to conditions 11(a) and (b) above, upon the signing by the Customer and a duly authorised representative of the Company of the form of acceptance, a contract will be created and such Contract shall not be subject to cancellation by the Purchaser unless he serves written notice of his desire to cancel on the Company at Cymru Kitchens Ltd, The Old Mineral Water Factory, NEWPORT, NP19 7BA and is received within 7 days of signing the Contract. Without prejudice to its right to claim damages for breach of Contract, the Company may, at its sole discretion in appropriate cases, agree to the cancellation of contract, which the Purchaser has no right to cancel, upon payment to the Company of all expenses incurred by it prior to the date of cancellation, such expenses being subject to VAT at the applicable rate.
Any concessions, latitude or waiver allowed by the Company at any such time shall be without prejudice to its rights under this Contract and shall not prevent the Company subsequently exercising such rights.