These conditions of sale apply to goods and services supplied by Arks Designers Limited (Arks Designers) (the Company). Any Quotation given by the Company is an invitation to you to place an order with the Company only. No contract exists between you and the Company for the sale of any goods until the Company has received and accepted your order and initial deposit as cleared funds.
The headings in the conditions are for convenience only and shall not affect their interpretation.
CONFIRMATION OF ORDER
Confirmation of an order will only be sent when all details have been agreed with the Company and the first payment has been made. This forms a binding and legal contract between you and the Company. No addition or alteration to the order will be valid unless agreed in writing by the Company. In the event of such alteration a surcharge may be made at the discretion of the Company. Fitting, plumbing, tiling, electrical and building work will not be included in the contract unless separately agreed.
Times or dates in the contract for delivery, installation or completion or works are estimates only and are not binding. The Customer must from time to time notify Arks Designers of progress with and completion of prior works (such as structural alterations to the Customer’s premises). Arks Designers must give the Customer notice of firm delivery and installation dates at least 7-10 days in advance.
CHANGES TO CONTRACT
Arks Designers has the right to amend the contract (for example to change specifications, times or price) where:
In those circumstances, Arks Designers must notify the Customer of the circumstances and their effect on the contract. The amendment must be agreed with the Customer as a contract change or must be the least change that it is reasonable for Arks Designers to make.
PAYMENT – WHERE OUR INSTALLERS CARRY OUT THE INSTALLATION
On confirmation of order a first payment of 50% of the total purchase price is due. On or prior to delivery of goods a further 40% is due. You will be contacted one week prior to delivery to ensure the second payment is made on time. Failure to pay will result in delivery being delayed until funds are received. The remaining balance of 10% is due upon completion of the installation. No deviation from the above payment terms is permissible without express permission of the Company. If you delay your delivery, the payment will still be due, unless otherwise agreed in writing with the Company. The Company reserves the right to charge interest on any outstanding or overdue payments at 3% above the current UK base rate, which will be calculated on a daily basis. In the event of late or non-payment and without affecting any other rights or remedies of the Company, the Company shall be entitled to either suspend delivery of the goods and their installation without notice and charge interest until all amounts owing (including accrued interest) have been paid in full or terminate the contract by notice to you in writing. With regard to the final 10% balance this is payable within 7 working days of completion. Failure to pay within this time will result in the debt being passed to our collection agency.
PAYMENT – SUPPLY ONLY
As above but 50% deposit and full balance prior to delivery. Failure to pay will result in delivery being delayed until balance received as cleared funds.
Arks Designers must receive cleared funds before delivery. The Customer is responsible for charges and wasted cost resulting from delay in payment. All goods remain the property of Arks Designers until payment has been received in full.
Delivery date is scheduled upon deposit and receipt of the signed Confirmation of Order, all details having been agreed. Arks Designers will strive to deliver all goods on the notified date, and to have subcontractors deliver on time, but time of delivery is not of the essence and Arks Designers cannot be held responsible for any loss arising from delays caused due to factors like strikes, lock outs, fire accidents defective materials, and delay in receipt of raw material or bought in materials or components or any other cause beyond the reasonable control of the company and the reasonable time should be granted.
Responsibility of the goods will pass to the client upon delivery. Any damage or loss caused by persons not employed by the Company such as builders or other tradespersons is the responsibility of the client. The risk in the goods not installed by the Company shall pass to you on delivery. For goods installed by the Company risk shall pass after installation. Damage in either case due to inadequate site access shall be at your risk.
The Customer understands and accepts that, despite all reasonable care being taken by the Company, the installation may cause damage to decoration, and it is anticipated that the area will require redecoration following completion of the installation. This will be the Customer’s responsibility and it is not included in the price agreed unless specifically set out otherwise overleaf.
SITE PREPARATION FOR DELIVERY & INSTALLATION
It is the Customer’s responsibility to ensure the site is ready for delivery and installation. It must be wind and water tight, dry, warm and well ventilated. Moisture-emitting surfaces, such as plastered walls, must have dried out. The site must be clean, tidy and finished to a standard satisfactory to Arks Designers. It must be free of other trades and entirely available for Arks Designers to carry out fitting. Arks Designers reserves the right to delay delivery and installation if Arks Designers believes the site is or will not be ready in time to for fitting to start.
The Customer agrees to allow Arks Designers and its sub-contractors full access to the installation address for installation.
The Company will not be responsible for supplying and/or installing of appliances unless expressly agreed in the contract. Once the installation has been carried out to the satisfaction of the Customer, the Company will not be responsible for any fault or damage to the appliances. In any such event the Customer will have to contact the manufacturer directly to repair the fault or damage as per the manufacturer’s warranty.
Once the kitchen is installed, a template will need to be taken for your worktops (if applicable). They will then return 1 to 2 weeks later to fit the worktop. You may need to arrange for your taps and hob to be disconnected and then reconnected once the stone has been fitted.
VARIATIONS IN COLOUR
The Customer will be shown a sample of a typical piece of furniture and worktop. Due to the nature of some of the timbers and worktops used there will be natural variations in colour and surface markings. No guarantee is given that the furniture and worktops supplied will be an exact replica in terms of colour and surface markings as those displayed in the showrooms, illustrations or samples.
Voids and fillers surrounding the installed furniture are part of normal fitting tolerances and cannot be accepted as a basis for complaint.
If the agreed delivery date is extended after confirmation of the order, the Company reserves the right to make a charge for the storage of your furniture.
The Customer shall be responsible for showing that the installation of the goods complies with fire regulation and that all necessary consents have been obtained.
Cancellation of orders will only be accepted if the Company has agreed in writing and on condition that you reimburse the Company all costs and expenses or losses and damages resulting from the cancellation.
The Customer understands and accepts that, despite all reasonable care being taken by the Company, the installation may cause damage to decoration, and it is anticipated that the kitchen will require redecoration following completion of the installation. This will be the Customer’s responsibility and it is not included in the price agreed unless specifically set out otherwise overleaf. For the avoidance of doubt, the provision does not exclude the Company’s responsibility for damage which is beyond what is reasonably commensurate with the fitting of the kitchen in the usual way (for example, damage to other areas of the premises where the Goods are not being fitted) or which has been caused by the negligence of the Company or its employees or agents.
Except in event of death or personal injury caused by the company’s negligence, the company shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law or under the expressed terms of the contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the or negligence of the company, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods or their use or resale by the Customer, the entire liability of the Company under or in connection with the contract shall not exceed the price of the goods, except as expressly provided in the conditions.
All goods supplied by the Company are warranted free from defects. All goods must be inspected immediately following installation (no later than 7 days) and will be repaired or replaced free of charge if found to be defective or damaged in any way arising from the installation by the Company’s representatives. This warranty does not apply to any defect arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Company, failure to follow the Company’s instructions on aftercare or any alteration or repair carried out without the Company’s approval.