DEFINITIONS

‘Buyer’ means the person who buys or agrees to buy the Goods from the Seller

‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

‘Delivery Date’ installed. means the date specified by the Seller when the goods or services should be delivered and/or ‘Goods’ means the articles and services that the Buyer agrees to buy from the Seller.

‘Price’ means the price for the Goods including carriage, packing and insurance in transit.

‘Seller’ means Liate Design Limited of 7 Passenger House, William Morris Way, London, SW6 2UP .

SCOPE

1. The Seller provides kitchen and interior design consultation, supply, and installation services

exclusively. It does not serve as a building Contractor. Therefore construction issues must be addressed directly between the Buyer and their Contractor.

2. Predicted works’ timescales are approximate only.

3. The Buyer is responsible for obtaining all necessary building permits and approvals.

4. The Contract excludes excavation, plumbing, electrical, and other works unless specified.

5. The Buyer is responsible for ensuring the premises are suitable for installation of work in this Contract.

6. The Seller is not responsible for any violations of building, electric, plumbing, council codes or regulations which may presently exist in the building or premises. Corrections of such violations, should they exist, are not included in the Contract price and shall be the responsibility of Buyer unless specifically provided herein.

7. Where the Seller has undertaken to provide a design service, the drawings shall remain the property of the Seller until a Contract of sale is made between the Seller and the Buyer or an agreed design fee has been paid in full.

8. This Contract includes four site meetings at a maximum of 2 hours each. Any additional meetings required are chargeable at £175+VAT per hour.

QUOTATION

1. The Seller’s quotation is valid for three months from the date of issue.

2. Prices are estimates based on availability of products from suppliers at the time of quotation. The Seller has the right to review and amend the quote at any time before acceptance and a deposit is placed.

3. Itemised prices are exclusive of VAT.

4. The Seller requires written acceptance and 50% deposit before commencement.

5. Deposit payments shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.

6. Any changes to the quote will be confirmed in writing and costings will be provided.

7. Predicted works’ timescales are approximate.

PAYMENT TERMS & ORDER AGREEMENTS

1. 50% deposit is required on acceptance of the quotation.

2. 50% balance is required two weeks prior to delivery to the site.

3. Payments can be made via BACS.

4. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 3% above the Natwest Bank base rate from time to time in force and shall accrue at such a rate both after and before any judgment.

5. The Buyer is responsible for verifying order details are in accordance with their requirements.

6. All documents accompanying this job are invalid unless signed by both the Buyer and the Seller.

CHANGES & VARIATIONS

1. Any amendments to the Contract once commenced must be issued in writing. The Seller will endeavor to accommodate them, however if they cannot, the original will be adhered to.

2.  Variations may well be deemed as an additional, separate order subject to its own lead time.

3. Variations need to be signed off in writing.

4. Additional work increasing costs requires full payment upfront.

5. Any variations to these conditions must be agreed in writing.

CANCELLATION & TERMINATION

1.Cancellation within seven working days requires written notice, with refunds issued within 30 days.

2. There is no right to cancel the Contract if the supply of the service begins with the agreement before the end of the seven working day cancellation period.

3. Termination after seven days incurs costs for services provided up to the termination date.

4. Beyond seven working days, the Buyer acknowledges that this agreement involves made to order, special design and custom-built articles from the Seller and therefore, it is not subject to cancellation by the Buyer for any reason. In the event of cancellation by the Buyer, the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs, damages and expenses incurred by the Seller as a result of such cancellation.

5. Termination of the Contract will not affect either party’s outstanding rights or duties, including the Seller’s right to recover any money owing to it under these terms and conditions.

RETENTION OF TITLE & DELIVERY

1. Goods remain the property of the Seller until paid in full.

2. Two weeks of insured storage are included; if there are site delays, additional storage is charged at £100+VAT per week thereafter.

3. Time of delivery of the goods and/or fitting (including replacements) is not to be the essence of any Contract. Any dates given by the Seller are the best estimate that can be made and the Seller shall not be liable for any loss or damage (whether direct or consequential) caused by delivery or fitting being after the quoted date.

4. It is the responsibility of the Buyer to ensure access for safe delivery.

5. All damages are to be reported to the Seller within 24 hours of delivery.

6. In the case of special delivery needs being required to bring goods into the site, such as the need for extra manpower and/or a crane, an additional cost may occur to the Buyer in addition to the listed delivery charge on the quotation.

SITE PREPARATION

1. The Seller will attend a site survey and produce a set of service drawings. These drawings must be signed off by the Buyer. They will then be issued to the trades to reference.

2. All measurements, sizes and dimensions as set forth in this Contract are approximate. The Buyer and their Contractor are responsible for site preparation and alterations including “first fix” electrical, gas and water services in accordance with the services drawings provided by the Seller.

3. Any alterations/modifications to the site, post the site survey, must match the agreed specifications and/or be communicated in writing as soon as possible. 

4. The Seller will not be held responsible or liable for issues relating to site changes. I.e. variations to the order to accommodate the site alterations/modifications.

5. If upon pre-delivery site inspection, services are not provided to a suitable location, the Seller may quote for or obtain quotes from statutory qualified Contractors separately for the supply of these.

6. The Seller Ltd has quoted for ‘dry fit’ installation. This comprises dry fitting of all goods supplied by the Seller.* (See 9.i. below).

7. The Contractor is also responsible for “final fix”. Final connections means the actual connecting of appliances supplied to gas, water or electric services already provided to suitable locations by others and in a ready state for connection to the appliance. Please ensure that the Buyer Contractor understands this and has quoted the Buyer for the work.

8. It is expressly understood by both parties herein that the Seller shall not be responsible for situations created by uneven floors or levels, or walls out of square or plumb, or for variations of size, design or shape of existing or new appliances or by any other situations not covered in this agreement.

9. The Buyer’s CONTRACTORS ARE REQUIRED TO:

a. Bore holes required for extractor ducting.

b. Fit ducting into ceilings and to outside apertures also fit ducting into screed floor where downdraft and vented hobs are required.

c. d. Provide switches and cables for and to under wall unit lights. First fix Gas, Electric and Water services.

e. Carry out the final connection of gas, electrics and water including plumbing of sinks and taps.

f. Seal flush-mounted hobs and sinks with silicone (once worktops have been installed.

g. Remove socket face plates and taps (if necessary) before installation of the glass or stone splash backs.

h. Refit socket face plates and taps after installation of glass or stone splash backs.

i. *Contractor is also responsible for fitting and plumbing of kitchen taps and any related water tanks, waste disposal units.

INSTALLATION

1. Installation is contingent on site readiness and does not contain a contingency for long delays caused by others.

2. In the event of the site not being ready for installation in accordance with the Seller’s guidelines set out in point 9 above, the Seller has a right to reschedule installation to a suitable date. However, if the Buyer wishes to keep an original installation date in such circumstances, the Seller will not be held responsible for any damages to goods supplied. The Seller will try to fulfill its obligations under this Contract within a reasonable period of time.

However, any fitting or completion date the Seller gives is a guide only and is based upon the information given by the Buyer and other information known to the Seller at the time. The Seller shall not be held liable for the delay or failure to complete the works caused by events beyond our reasonable control. In those cases the Seller will complete the work as soon as reasonably possible.

4. If specifications call for re-use of existing equipment, no responsibility on the part of the Seller for appearance, functioning or service shall be implied.

5. Installation requires experienced, competent tradesmen. The Seller is not responsible for inferior or incorrect installation performed by others.

6. SUPPLY ONLY: If the Buyer is carrying out their own installation using their own Installers (i.e.

Supply Only), the Seller is not liable for any aspect of the installation including errors, faulty or poor workmanship or damage. For Supply Only Contracts the Buyer is solely responsible for taking delivery of the Goods and for checking the order and reporting any errors, omissions or damage within 48 hours when the Seller’s responsibilities will otherwise cease.

WARRANTY

1. Appliances are to be registered directly with manufacturers for warranties. If manufacturers do not acknowledge or confirm issues under their warranty, the Seller is not liable for incurred costs to resolve the problems.

2. The Seller offers a two-year labour and five-year kitchen furniture warranty, effective from the date of signing off the project.

3. After the two-year labour warranty ends, the Seller offers the following labour services. These costs are exclusive of delivery and material costs.

4. Site visit (London area) £250 + VAT

a. A half day (up to 4 hours) £350 + VAT

b. A full day (up to 8 hours) £500 + VAT

SPECIFICATION & PRODUCT AVAILABILITY

1. All images shown on the Seller’s website and company literature are for guidance only.

Specifications and colours are approximate; exact matches cannot be guaranteed. Samples should be regarded as approximate representation only.

2. When the Seller, in the performance of this Contract, is required to match any material existing on the job as to colour, size or pattern, the Seller shall, at its sole discretion, match existing materials as closely as possible. Such provision shall also apply if the Seller is called to render service after completion of the job. If any material inside or outside of the subject property which the Seller is required to match under the terms of the Contract is obsolete and no longer in production, the Seller, at its sole discretion, shall match existing material as closely as possible.

3. The Seller advises the Buyer to personally view natural materials, such as stone slabs or wood veneers as natural variations should be agreed and signed off. The Seller shall not be responsible for varied and different grains, designs, characteristics, colour tones and patterns, or any other changes due to time.

4. If, for any reason, specified products become unavailable, the Seller will endeavor to source an alternative of similar specification and cost. The Buyer will be notified of the change. The Seller cannot be held responsible for the unavailability and discontinuation of chosen products by suppliers.

5. Whether joint(s) for panels, worktops and splashbacks is required or not is determined by the maximum size available for chosen materials. Details should be signed off in writing.

COMMUNICATION, COMPLAINTS & DISPUTE RESOLUTION

1. The Buyer should clarify any unclear aspects before acceptance.

2. The Seller is happy to communicate with the Buyer’s officially appointed third party professional to co-ordinate the design and installation process smoothly, however, the Seller is not entitled to instruct them on the Buyer’s behalf. All parties should be present during meetings. If this is not possible, the Seller will provide meeting minutes for approval and sign off.

3. Any grievances must be drawn to the Seller’s attention immediately. The Seller cannot accept returns or replacement of any description due to Buyer measurement error or change of mind.

4. Disputes will be resolved according to English law.

COPYRIGHT

1. The copyright, design right and all other intellectual property rights in any materials and other

documents or items prepared or produced for the Buyer by or on behalf of the Seller in connection with the Services shall belong to the Seller absolutely and any such materials, documents or items shall be or remain the sole property of the Seller.

2. The Seller shall be permitted to use photographs of the Buyer’s projects which demonstrate the Services provided by the Seller for its own marketing purposes.

FORCE MAJEURE & LIABILITY

1. Force Majeure, neither party shall be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party.

2. The Seller excludes all liability and responsibility for any uninsured loss or damage that may result to the Buyer or a third party in connection with the supply and installation of goods.

If any provision of this agreement is declared invalid by any court, the remaining provisions of this agreement shall not be affected in any way.

To view our full terms and conditions, please contact info@liatedesign.co.uk