Terms and Conditions

                                                                                                CONDITIONS OF SALE

Discount kitchens and bathrooms ltd.                                   

In these conditions Discount kitchens and bathrooms ltd. is referred to as the company and the person or persons signing overleaf is referred to as the customer.

1.                     TERMS OF THE CONTRACT –

All the terms of the contract between the company and the customer are contained in this document and all drawings and specification sheets relating to this contract form part of this contract.

2.                     ACCESS – The customer shall give full access to the company, its employees, and workmen at all reasonable times by prior appointment but in all cases within 12 weeks of the date of signing so that the company may complete the installation in accordance with this contract.

3.                     COMPLETION DATE – The company shall use its reasonable endeavours to complete the work within a reasonable period or, if the period quoted is exceeded (usually 2 weeks per room), within a reasonable time provided and 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, lockouts, and cessation of work by workmen. The company will work within the limits of this agreement and will work within the law and observe any government enforced lockdown. In any such cases the company will not be liable for consequential losses arising from the delay nor shall any payments be made for any such losses.

4.                     PRICE – The price specified in the contract will remain fixed for 24 weeks from the contract date. Any variation in the applicable rate of VAT or where no VAT is shown overleaf as chargeable, any imposition of VAT after the contract date will be passed to the customer. The price includes all goods, installation and delivery according with the agreed specification and additional work will only be carried out on the customer’s written instructions and price being agreed prior to carrying out said work. The price agreed for additional work must be paid prior to commencement of additional work and not added to any other agreed balance.

5.                     PAYMENT CASH SALES – A deposit of 30% of the total contract price is payable by the customer on the date of signing this contract. Upon delivery of the majority of furniture/goods a payment of the remaining balance is payable to commencement of the installation. Minor snagging items will not be accepted as a reason for withholding payment. Where the payment method is cash or customers own finance, the payment due may be made either by cash or bankers draft payable to Discount kitchens and bathrooms ltd. and handed to the company’s accredited agent or representative who shall give the customer a copy of the invoice with the payment indicated and receipted. Where the customer is to obtain a private loan e.g. building society further advance or bank loan, the customer must ensure such payment is available to the company’s representative immediately upon delivery. When payment is not made on the due date in accordance with Condition 5, the customer will be liable to pay interest to the company on such sum from the due date for payment at the annual rate of 4% above the base rate of The Bank of Scotland Ltd accruing on a daily basis until the payment is made, whether before or after any judgment or decree. The company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

FINANCE SALES – Where the customer enters into a finance agreement with a finance company authorised by Discount kitchens and bathrooms ltd., the finance company will arrange final payment to Discount kitchens and bathrooms ltd. upon delivery.

6.                     PROPERTY – Ownership of all goods shall not pass to the customer until the company has received full payment of all sums due. Until ownership of the goods has passed to the customer, the customer shall hold the goods on a fiduciary basis as the company’s agent. The responsibility for insurance of any goods passes to the customer on delivery of the goods to the customer’s premises.

7.                     SPECIFICATION

a)                     The material used in the construction of unit carcasses shall be 18mm melamine-faced chipboard unless otherwise specified in the contract. Door materials shall differ depending upon the range selected. Pursuant to the company’s policy of continuous improvement to its products it reserves the right to make modifications to the specifications which are either necessary or desirable. While every endeavour is made to ensure product colours and grain match no guarantee can be made as to the matching of those natural features.

 b)                     The product arrangement shall, in the absence of any special arrangements detailed in the contract, be determined by the company’s technical surveyors in consultation with the customer.   The arrangement in the technical survey will supersede any design arrangements.

8.                     GUARANTEE

a)                     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 12 months from the date of commencement of the installation. Damage due to accident or misuse and faults of premature deterioration resulting from the customer’s failure to comply with the company’s maintenance instructions are not covered by such guarantee e.g. grout, silicone and other perishable items must be maintained by the customer and cannot be the company’s liability after completion of job.

b)                     Items supplied which are not manufactured by the company including all electrical or gas appliances, sinks and taps are subject to the suppliers own after sales service and guarantee.

c)                     A guarantee relating to the work will be commence after installation date but only valid if all monies due to the company have been paid. The manufacturers guarantee is issued in addition to and not in substitution for the customer’s statutory rights relating to faulty mis-described goods or services.

9.                     LIABILITY FOR DAMAGE – Every care will be taken during the work, but the scope of work in terms with this contract does not extend to:

 a)                     Renewing flooring or other joinery work not specified nor detailed in the specification; or

 b)                    Any incidental redecoration subsequent to the installation of the works specified herein; or

c)                     Working with or the removal of asbestos-related products. In the event of the existence of asbestos or asbestos-related materials being ascertained during the installation of the work, the company reserves the right to stop work immediately and it will be the customer’s responsibility to arrange for the removal of such materials. On written confirmation from the contractor instructed to remove the asbestos that the works have been satisfactorily completed the company will arrange to recommence work.  

Whilst all due care will be taken, the company cannot be held responsible for any damage to decoration etc in the work area or the access leading to the same during the installation.

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 no part of the company’s obligations under this contract unless specified, to complete any joinery, plastering, tiling or decoration etc on behalf of the customer.

10.                   ELECTRICAL & PLUMBING WORK – Where electrical wiring is to be connected to existing circuits and systems it is assumed that such circuits and systems are up-to-date, in good condition and have capacity for any additional appliances that may be required. It is also assumed that all pipe work is fit for purpose (including hot/cold water supplies, taps, valves and fittings) and the company accepts no responsibility or liability for any existing or new leaks which become apparent or indeed any resulting damaged caused as a result of work carried out by the company. Should the condition or capacity of any systems require to be upgraded the cost must be borne by the customer.

11.                   CANCELLATION – In the event that the contract is cancelled at the request of the customer in terms of the Consumer Contracts (Info, Cancellation and Additional Charges) Regulations 2013:

 a)                              Where the balance of the sum due on delivery is to be paid by credit agreement 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 period within seven days from the date of signing this contract, the right to cancel without penalty, the contract and any application for credit arranged by the company, if they serve written notice of their desire to cancel on the at Discount kitchens and bathrooms ltd, 40 Stonehouse Road, Strathaven, ML10 6LF in accordance with cancellation procedures set out in the acceptance letter which will be sent to the customer by the finance company to which the application has been submitted. Such contracts are subject to the relevant consumer credit legislation.

b)                     Where the balance of the sum due on delivery is to be paid by cash, cheque, banker’s draught or a credit agreement or loan arranged solely by the customer, the customer will have, for a period within seven days from the date of signing this contract, the right to cancel without penalty.

c)                     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 provided such cancellation is effected within ten days of receipt of such a report.

d)                     Subject to conditions 11 (a) to (c) above, upon the signing by the customer and a duly authorized representative of the company of the form of acceptance overleaf a contract will be created and such contract shall not be subject to cancellation by the purchaser. Without prejudice to its rights to claim damages for breach of contract, the company may, at its sole discretion in appropriate cases, agree to the cancellation of a 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.               

e)                     Where the customer has the right to cancel within the agreed period subject to conditions mentioned above the company will agree to cancellation upon payment of any expenses occurred to the company within that period relating to the contract between the company and the customer, including CAD drawings/plans/surveys/purchases etc.

12.                   BUILDING REGULATIONS – The customer shall be responsible for ensuring that the installation complies with current regulations and any necessary consents are obtained prior to works commencing.

13.                   The formation, existence, construction, performance, validity and all aspects of the contract shall be governed by Scots Law and the parties submit to the exclusive jurisdiction of the Scottish courts.

14.                   WAIVER OF CANCELLATION PERIOD AND INSTRUCTION TO COMMENCE WORK – By signing the customer acceptance overleaf, I (the customer) as detailed overleaf, hereby instruct Discount Kitchens & Bathrooms Ltd to commence work from this date. The customer acknowledges that they will meet all fees for work instructed and the cost of any goods or services incurred by the company together with the administration charge from this date in the event that they exercise the right to cancel in terms hereof.  

15.                   NOTICE OF CANCELLATION RIGHTS – If you wish to cancel this contract you can do so by sending a written notice of cancellation to: The Customer Service Manager, Discount Kitchens and Bathrooms Ltd, 40 Stonehouse Road, Strathaven, ML10 6LF within 7 days of the date of your contract.