The Company means Boss Kitchens & Bathrooms. [the Supplier] and the Customer means
the person named in the "Invoice to"
section on the Company's documentation.
Goods mean the Goods which the Company supplied pursuant to the order.
Conditions
These conditions shall apply in place of and prevail over any terms or conditions
(whether or nor in conflict or inconsistent
with these Conditions) or referred to in any documentation
submitted by the Customer or in correspondence or elsewhere or implied
by trade custom,
practice or course of dealing. The Company's acceptance of the Customer's order
(including telephone orders) shall
be effective only where such acceptance is in writing
on the Company's order acceptance form.
Pricing
Any prices quoted by the Company are valid for a period of 30 days from the date
of quotation and may thereafter vary and be
subject to change.
Payment
The Company shall not be obliged to make delivery until the Company received payment
in full in cleared funds. Trade Customers
with credit facilities with the Company shall,
unless otherwise agreed in writing, pay in full within 30 days of the date of the
invoice.
Payment on time is of the essence of the contract. The Company reserves the right
to charge interest on debts at a rate
of 8% above the Bank of England base rate,
on any debts not settled after 30 days past due. The Company reserves the right to
suspend
the provision of Goods to the Customer where any amounts are overdue
under any contract with the Customer until such
amounts have been paid.
The Customer shall pay without set-off, counterclaim, deduction or withholding every amount
due to the
Company. Any extension of credit allowed to the Customer may be changed or withdrawn
at any time. Notwithstanding any purported
contrary appropriation by the Customer,
all payments made by the Customer to the Company shall be appropriated first to any Goods
that have been resold by the Customer and then to Goods that remain in the possession
or under the control of the Customer.
Cancellation
The Customer may not cancel the order without prior written consent of the Company.
Any item(s) accepted for return/cancellation
will be subject to a 25% re-stocking/handling charge
of the list price; in addition, the Goods will only be accepted back
providing they are not
of a special nature and they are returned to us in their original packaging/condition undamaged
and it is
within 30 days of the delivery date.
This does not affect your right to return faulty manufactured items.
Special order items cannot be cancelled under any
circumstances once the order
has been placed with the Company.
Boss Kitchens & Bathrooms Unit 5a Skerne Park, Drifield, YO25 6RT
Tel: 01377 324630 Email: info@bosskitchensandbathrooms.co.uk
Delivery
Any delivery date quoted is estimated and time of delivery shall not be of the essence
of the contract and cannot be made so
by any notice. Please ensure you have appropriate personnel
on site to accept deliveries, as we have a tailboard delivery service
and where possible
these will be delivered to your site address if we can park without contravening any parking restrictions
or
Health & Safety Regulations.
It is the Customer's responsibility to ensure that adequate and competent assistance is available
to off-load the item(s) being delivered. If the Customer refuses or fails to take delivery of the Goods
tendered in accordance with
the Contract or fails to take any action necessary on its part for delivery
and/or shipment of the Goods, the Company is entitled
to terminate the Contract with immediate effect;
to dispose of the Goods as the Company may determine, and to recover from the
Customer
any loss and additional costs incurred as a result of such refusal or failure (including, without limitation,
storage
costs from the date of delivery). The Customer agrees to accept delivery within three months
of the order being fully available.
In the event of the Customer not accepting the goods within this period,
the Company reserves the right to charge storage and
insurance of the goods at the rate of 2%
of the total order value per month or part thereof.
Risk and Title
All Goods remain the property of the Company until such time as they are paid for in full.
The Goods shall be at the Customer's
risk from delivery. From the time of delivery until property in the Goods
passes to the Customer in accordance with these Conditions
the Customer shall insure for their full value
with a reputable insurance office. Upon request, the Customer shall use reasonable
endeavours
to have the Company's interest in the Goods noted on the insurance policy.
Until property in the Goods passes to the Customer the Customer shall hold the proceeds of any claim
on the insurance policy on
trust for the Company and shall immediately account to the Company with the proceeds.
Until property in the Goods has passed, the
Customer is in possession of the Goods in a fiduciary capacity
and shall not part with possession of the Goods; take proper care of
the Goods and take all reasonable steps
to prevent any damage or deterioration of them; and keep the Goods free from any charge,
lien or other
encumbrance and store the Goods in such a way as to show clearly that they belong to the Company.
The Company reserves the right to repossess and resell any of the Goods to which it has retained title.
The Company's
consent to the Customer's possession of the Goods and any right the Customer may have
to possession of the Goods shall in any event
cease upon the Customer becoming insolvent.
Floor Coverings and Natural Products
The Company recommends that Customers ensure they have ordered sufficient quantities
of tiles/ natural stone products allowing
for breakages/cuts since there can be no guarantee that the
shade/ batch number can be matched for any subsequent orders. Customers
should seek advice from their installer
regarding quantities ordered without delay. Due to the nature of natural stone products
the Company
cannot guarantee exact colour match to any samples provided/shown at the time of placing the order.
Excess tiles are
non-returnable.
Boss Kitchens & Bathrooms Unit 5a Skerne Park, Drifield, YO25 6RT
Tel: 01377 324630 Email: info@bosskitchensandbathrooms.co.uk
Disclaimer
(Supply only customers)
Any drawings/sketch/information provided whether verbal or written is given as guidance only.
It is the Customer's responsibility
to confirm with their advisers that the Goods are suitable for any intended installation.
It is the Customer's responsibility to
ensure that any installation using product supplied by the Company
complies with all statutory water and building regulations.
General
The Company shall not be liable for any failure or delay in the performance of its obligations
which is caused by circumstances
beyond its reasonable control. Save as expressly provided for in these terms and conditions,
and to the fullest extent permitted
by law, the Company's total liability arising in connection with the Customer's order
shall be limited to the price of the Goods.
The Company shall not be liable to the Customer for any economic loss,
loss of profit, loss of business, goodwill or otherwise
and whether direct, indirect or consequential,
or any claims for consequential compensation whatsoever.
If the Company provided faulty goods but the fault is not discovered until after installation of the Goods
and could not
have been discovered on examination on delivery the liability of the Company shall be limited to replacing
such faulty goods
free of charge and paying the reasonable expenses of installation of the replacement Goods provided
that the company shall have
first been offered the opportunity of itself paying out for such installation work.
Warranties/ Installation
The company offers a one-year warranty from the day of completion on all kitchen installations.
This does not include the supply
only of goods. A problem reported into the store, within the year warranty
will be documented, and action will be taken at the
earliest convenient time for the installer, we will endeavour
to take a view on the issue within seven working days of the problem
reported. Any action required
will be discussed with the company, and the client. All rectification works will be agreed and time
rescheduled
for the installer. All goods supplied by the company are guaranteed by the manufacturer’s warranty.
Any faulty goods reported to the company will be raised with the manufacturer and their standard procedure
will be
adhered to. (Manufacturer’s warranties and procedures may vary)
Governing Law
The order to which these Terms and Conditions relates is subject to the laws of England and Wales
and any question arising
in connection therewith shall be subject to the exclusive jurisdiction of the English Courts.
Boss Kitchens & Bathrooms Unit 5a Skerne Park, Drifield, YO25 6RT
Tel: 01377 324630 Email: info@bosskitchensandbathrooms.co.uk