TERMS & CONDITIONS
1.0 In These Conditions:-
1.1 “The Customer” means the person or company specified as such
1.2 “The Company” means Colour By Numbers Ltd
1.3 “The Goods” means the units and equipment or any of them described in the order.
1.4 “The Services” means any work undertaken by Colour By Numbers Ltd
1.5 “The Delivery” means delivery of the goods at the address of the customer specified above.
2.0 Contracts and orders are accepted only subject to, and the Customer agrees to be bound by, these general conditions of sale (which shall not be recognised unless accepted in writing by the director of the Company) agreed between the Company and the Customer.
2.1 No modifications of such conditions or of the particulars contained in the Company’s acceptance will be recognised unless accepted by a director of the Company in writing. Unless otherwise so agreed any qualification thereof or difference contained in the Customers own order forms shall be inapplicable.
3.0 Subject to the following conditions the Company will make delivery at the delivery address specified, Subject as hereinafter provided the Customer shall take delivery within fourteen days of having been notified that the goods are ready for delivery.
3.1 Any date or time for delivery by the Company is an estimate only and the Company shall not be liable for the consequences of any delay. If any delay occurs the (unless the cause thereof shall frustrate or render impossible or illegal the performances of this contract or shall otherwise discharge the same), the Company’s period for performing it’s obligations shall be extended by such period (not limited to the length of the delay), as the Company may reasonably require to complete the performance of it’s obligations.
4.0 The Customer will reimburse the Company for any expenses and costs including but without prejudice to the generally of the foregoing of the cost of financing the amount outstanding from the Customer at 2% above the base rate of the Company for the time being in force, and the cost to the Company of storage and insurance of the goods, if for any reason the Customer does not accept delivery and pay for the goods within the 14 day period referred to in clause 3.0 hereof
5.0 A deposit of 50% shall be paid on acceptance by the Company of the order by the Customer and the balance shall be paid in full at least 7 days prior to delivery. Installation shall be paid at 80% at time of installation with balance on completion.
6.0 If before the Company has notified that the goods are ready for delivery there is any change in the price caused by changes in duties or taxes applicable thereto or if there is a variation in the cost in the goods to the Company, they may give to the Customer written notice of any alteration in the price of the goods to be paid by the Customer in consequence of such changes or variations as aforesaid.
6.1 If the notice referred to in the proceeding sub clause specifies an increase in the total price of the goods otherwise than by reason of any increase in any duties or taxes applicable thereto the Customer may within seven days of receipt of the said notice (in respect of which time shall be of the essence) by notice in writing, cancel this agreement and in the case neither party shall be under any liability whatsoever to the other and the Company shall return to the Customer any deposit paid hereunder but without interest.
7.0 In the case of the goods being ordered on the basis of measurements submitted by the Customer, the Company cannot be held responsible for the accuracy of those measurements or any consequence of their accuracy
8.0 Fitting is not included unless shown separately on the order and the fitting charges where shown will be for a “Dry Carpentry Fix” only and does not include plumbing, electrical work or connections or any fitting, building or decorative works or any other works.
9.0 If additional work is incurred as a result of any obstacles not visible at the time of the original site inspection, this work will be carried out at the Customers expense.
10.0 Delayed installation- Where the Customer cancels or delays installation at less than two weeks notice, every effort will be made by the Company to find alternative work for the fitter, but where this is not possible, the Customer will be charged on a day rate basis for the fitters loss of earning.
11.0 All goods shall be stored at room temperature in a dry environment, failing which the Company cannot accept any responsibility for deterioration.
12.0 If the Customer does not accept the delivery of the goods in conformity with these conditions, then the Company may thereafter give the Customer notice in writing that if the Customer does not accept delivery and pay for the goods together with all additional costs and charges that may be due hereunder within the 90 days of the said date notice, the Company will forfeit the deposit and will exercise its right as an unpaid seller to re-sell the goods and that after the re-sale Company may proceed to recover from the Customer damages foe any loss occasioned by the Customers breach of this agreement giving credit for the deposit forfeited as aforesaid.
13.0 The goods shall remain the property of the Company until payment has been received in full. Notwithstanding the above risk in the goods shall pass to the Customer upon delivery thereof in accordance with these conditions except in relation to damage to the goods caused by Colour By Numbers installers.
14.0 If the kitchen is to be installed in a tanked area, sufficient support must be provided to allow the Company to install the kitchen without the breaching the tanking.
15.0 English law shall apply and the parties agree to submit to the jurisdiction of the English
16.0 If at the time of the delivery it is found that the access is insufficient to allow delivery of certain cabinets, tops or appliances on account of size or weight, Colour By Numbers shall, on the behalf of the Customer, obtain a quotation from an independent contractor for any special lifting gear or other equipment, and it shall be the Customers responsibility to make payment for the hire of such equipment for the hire of such equipment directly to the said contractor.