Terms & conditions

1. Definitions

“The Company” means Kitchen Worktops Direct Ltd. “The Buyer” means the corporation, firm, company, institution, person or persons to whom a quotation is made or to whom goods are sold by the Company. “Goods” mean products or services supplied by the Company under this contract.

2. General

Any order accepted by the Company, whether or not based on this or any other quotation or tender, is deemed to incorporate these terms and conditions. No variation, modification or substitution is binding unless specifically accepted by the Company in writing.

We may refuse an order where goods are not available, payment cannot be authorised, there has been a pricing or description error, eligibility criteria are not met, or for any other reason at our sole discretion.

3. Validity of quotation

Unless amended or withdrawn, a quotation is open for acceptance for the period stated or, if none is stated, for 30 days after its date. A quotation is not an offer but an invitation to the Buyer to place an order on these terms.

4. Confirmation of orders and cancellations

Orders accepted by the Company may not be cancelled unless agreed in writing. Cancellation of goods made to the Buyer’s specification, or goods that are specialist, bespoke, cut or unique, will not be accepted. Telephone and electronic orders are accepted at the sender’s risk and should be confirmed in writing. If cancellation is agreed, the Company may recover costs incurred to the date of cancellation.

5. Returned goods

Non-bespoke goods may be returned within 7 days of dispatch for a full credit. After 7 days, goods may not be returned without written consent. Where consent is given, a restocking charge of 33% of the purchase value applies. Returns must be identified, packed, sent carriage paid, and received in the same condition as dispatched.

6. Worktop warranty

Goods are tested or examined before dispatch but are supplied without warranty that they are suitable for any special condition or particular purpose, unless a specific guarantee is given in writing. The Company will repair or, at its option, replace goods in which defects under proper use and installation appear within twelve months after installation and which arise solely from faulty design, materials or workmanship (other than design or materials specified by the Buyer), provided proof of purchase is given and defective parts are returned promptly.

This guarantee is given in lieu of warranties implied by law, so far as permitted by the Sale of Goods Act 1979 and Unfair Contract Terms Act 1977. The Company is not liable for loss of profit or goodwill or other indirect or consequential damage, save as provided in this clause.

7. Hardwood care

Hardwood is a “breathing” product and needs particular care to avoid warping. Store flat indoors, use battens if stacking, and rotate if lying longer than four days. Wrapping is a humidity barrier and should remain until oiling or waxing. Keep out of direct sunlight until fitting. Allow at least 48 hours in the installation location before oiling or waxing. Varnishing or poly-type sealants are not recommended. Check for faults, damage and colour variation on delivery; claims cannot be entertained after that. Colour typically evens over several months after oiling.

8. Worktop prices

Prices may be altered or withdrawn without notice. Goods are invoiced at prices ruling on the date of dispatch unless otherwise stated on an official quotation. Unless otherwise stated, prices are net ex works excluding VAT.

9. Fulfilment of order

If the original requested order is not available, the Company may upgrade to the nearest available equivalent without charge to the Buyer.

10. Worktop delivery

Unless otherwise agreed, delivery is kerbside at the address supplied by the Buyer. If goods are not taken up by the specified date due to the Buyer’s default, the Company may treat the contract as repudiated or store the goods at the Buyer’s risk and expense. Delivery dates are approximate. Delay outside the Company’s control does not entitle the Buyer to cancel or refuse delivery.

Deliveries are Monday to Friday, 8:00am–6:00pm unless otherwise stated. Saturdays may be arranged at extra cost. The Buyer must tell the Company if an articulated vehicle cannot access the site. Parking must be close and safe. The Buyer indemnifies the Company against claims arising from delivery instructions. Failed deliveries are rechargeable in full, including parking charges incurred fulfilling the order.

11. Unloading and receiving of goods

If required, the Buyer shall provide at least two able-bodied helpers. The driver delivers to a safe, practical distance from the vehicle, not into the property. Failed deliveries are rechargeable at the cost incurred by the Company.

12. Property in the goods

Property in Goods does not pass to the Buyer until the price, interest and any other sums payable have been paid in full. Until then the Buyer holds the Goods as bailee and shall store and mark them as the Company’s property, without prejudice to sale in the ordinary course of business until that permission is withdrawn.

13. Risk

Risk passes when goods are delivered kerbside, at the moment of arrival and before unloading, or at the point of loading if the Buyer or their carrier collects.

14. Payment

Payment is due with the order, or 10% of the order where a separate template service is required. The balance is payable in full after template. Price may vary if details vary. Payment may be by credit or debit card, cleared cheque, bankers’ draft or cash. Manufacture and delivery cannot proceed until payment is received.

If the Buyer is in default, the Company may suspend deliveries, serve 14 days’ notice treating the contract as repudiated, or sue for the price even if property has not passed. After such notice the Buyer must not process, mix, alter or sell Goods that remain the Company’s property until all monies are paid.

15. Insolvency

The Company may treat this contract as repudiated if the Buyer enters liquidation (except solvent reconstruction), becomes insolvent, compounds with creditors, has a receiver appointed, or any event that reasonably suggests the Company may not be paid in full. Goods remaining the Company’s property shall then be redelivered at the Buyer’s risk and expense, and the Company’s representatives may enter premises during normal hours to recover them.

16. Part payment and resale

If the Company enforces the contract despite default, it may recover and sell only so many Goods as are needed to obtain the price, interest, other sums and proper damages, passing any surplus to the Buyer. Proceeds of any resale of Goods that remain the Company’s property are held on trust for the Company in a separate bank account.

17. Laws applicable

This contract is governed by the laws of England and, unless otherwise arranged, is subject to the jurisdiction of the English courts.

18. Errors

Clerical errors and omissions are subject to correction without notice.

19. Worktop damage or shortage

Goods must be checked on delivery. Where an outside carrier delivers, damage or part-loss claims cannot be entertained unless the carrier and the Company are notified on the day of delivery and confirmed in writing within three days.

Where the Company delivers and a signed delivery note is received, goods are considered examined. Marking a signature “unexamined” or failing to return the note does not exclude this. The Company’s liability is to replace damaged or faulty goods in accordance with the manufacturer’s guarantee, not costs of refixing. Flawed goods if fitted are deemed accepted; the customer is liable for replacement installation costs. This does not affect statutory rights.

20. Notices

Notices shall be in writing by email or sent to the address on the contract. They are deemed given on the date of email transmission, on delivery if by hand, or two days after posting by first-class mail.

21. Installation

Unless otherwise agreed, worktops are supplied by Kitchen Worktops Direct Ltd and installed by UK-wide independent Corian-accredited installers engaged at preferential rates on the Buyer’s behalf. After delivery the project passes to the independent installer. The installation agreement and any remedials are then between installer and client. The installer is paid after final inspection and sign-off by the Buyer. The property shall be left clean and tidy.

Independent installation carries a 12-month guarantee from the installer on fair-use terms approved by Kitchen Worktops Direct Ltd. The Buyer is responsible for parking for templating and installation. Unforeseen work such as correction of walls, units, bracing or supporting of worktops may be chargeable at the installer’s discretion.

22. No waiver

No delay, forbearance or granting of time by either party affects their rights under this agreement, and no waiver of a breach operates as a waiver of any subsequent breach.