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Kitchen Design Direct Ltd

TERMS & CONDITIONS OF SALES AGREEMENT  

All orders, verbal or otherwise, are placed and accepted by the Company only under these terms and conditions  

1)  PROPERTY Property in goods supplied in accordance with this contract will only pass to the Buyers when all monies due to the Company have been paid in respect of: a) the goods comprised in this contract, and b) all other goods the subject of any other contract between the Company and the Buyer which, at the time of the payment of the full price of the goods sold under this contract, have been delivered to the Buyer but not paid for in full.  

2) RISK IN THE GOODS Goods supplied by the Company shall be at the Buyers risk immediately on delivery to the buyer or into custody on the Buyer’s behalf (whichever is sooner) and the Buyer shall be insured accordingly.  

3) RECOVERY OF POSSESSIONS If the buyer goes into receivership, liquidation or bankruptcy, owing unpaid contract debts to the Company or if the Buyer fails to pay any invoice delivered by the Company within 7 days of receipt, the company shall have the right: a) To reposes all goods supplied by the Company to the Buyer at any time, whether they have been paid for or not. b) to take possession and sell any goods into which the goods supplied by the Company have been incorporated and the Buyer, for itself, its receivers, managers, liquidators or trustees in bankruptcy grants to the Company an irrevocable licence to enter its premises for the purpose of such repossession or possession.  

4) RETURNS a) Goods must not be returned for credit without prior agreement.  Drivers have strict instructions not to accept the return of goods without written authority.  Goods returned surplus to requirements must be in a re-saleable condition and will be credited at purchase less 25% to cover administration, handling and storage costs. b) Damaged items not subject to a claim will only be accepted at scarp value.  

5) BREAKAGES, SHORTAGE AND NON-DELIVERY The Company can accept no liability for damage or shortage when goods are delivered by our transport unless notice is given by phone within 48 hours and subsequently in writing to the Company within 7 days of receipt.  Non-delivery must be reported to the company within 10 days of receipt of invoice or advise of dispatch.  Where the goods are collected from the Company by the Buyer, or the third party nominated by the Buyer, the risk in the goods passes to the Buyer, or such third party as the case may be and thereupon all liability of the Company in the goods for the loss or destruction, breakages, shortages or non-delivery shall cease.  If any third party performs a delivery from the Company to the Buyer any claims for damages or shortages should be directed to the third party.  

6) GUARANTEE In the event of any article proving defective in the material or workmanship we undertake to replace it free of charge within a 12 month period, this excludes any item of white good where by guarantees are covered by the manufacturer.  Under no circumstances do we accept liability for consequential loss or damage howsoever arising and any liability for consequential loss or damage is hereby specifically excluded.  

7) SALES OF GOODS ACT Save as set out in the forgoing sub-clauses, whether conditions warranties or in nominate terms, express or implied, statutory or otherwise shall form part of this contract (except where the Buyer deals as a Consumer within section 12 of the Unfair Contract Terms Act 1977and Supply of Goods and Services Act and the Sale and Supply of Goods to Consumers Regulations 2002  when the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 shall be implied into the Contract).  

8) JURISTDICTION Any dispute shall be governed by and in accordance with the Laws of England and shall be subject to the jurisdiction of the English Courts.  

9) LATE DELIVERY Delivery dates are given in good faith but are not guaranteed and no liability will be accepted for any loss whatsoever suffered through late or nondelivery.  The Company shall not be liable for any failure to deliver or delay in delivery of the goods arising from any circumstances outside its control including, but not limited to lockouts, fire, accident, defective materials, delays in respect or raw materials or bought in goods or components.  

10) EXPRESS TERMS Any express term condition warrant or representation made by the Company shall be excluded from this order unless it is made in writing by its lawfully authorised agent by and ion behalf of the Company.  

11) PRICES All prices quoted are fully discounted including any settlement discount that may be applicable and are without commitment and subject to alterations or withdrawals by us without notice prior to acceptance of the orders can only be accepted on condition that the price charged are those ruling at the date of dispatch unless we have specifically engaged in a fixed price contract.  

12) DEPOSIT Once orders have been processed deposits are non-refundable.  

Our policy is one of continual product development and improvement and therefore we reserve the right to change specifications, design, material of product and prices in this catalogue without prior notice.