Simple Kitchens (Thame) Ltd Terms & Conditions

Introduction
These terms and conditions apply to sales and services supplied by Simple Kitchens (Thame) Ltd (“Simple Kitchens”), registered in England and Wales (no. 6157056) and apply to any contract, oral or written. For the supply of work and materials entered into by Simple Kitchens unless agreed otherwise in writing between the parties prior to such contract.  We want you to know that you will always get a fair deal from us and to understand exactly to what you are agreeing under these terms and conditions. To protect your interests please read all the terms and conditions below proceeding with any orders or agreeing to any contracts, as by proceeding with any order or contract with Simple Kitchens you agree that you are bound by these terms and conditions. If you are uncertain about your rights please write or telephone us and ask for explanation. These terms and conditions do not affect your statutory rights.

These terms and conditions are governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English courts. If any part of these terms is unenforceable, it shalt be deemed to be deleted from this agreement and the remaining provisions shall still apply.

These terms and conditions are subject to change without notification but will remain such and valid for any contract once a deposit has been paid.

If these terms and conditions are in variance with or inconsistent with any terms and condition contained in the purchaser’s order, then these terms and conditions shall prevail and be effective.

1. Quotations
Any quotation given by Simple Kitchens is an invitation to place an order with the company only.
A quotation is valid for 90 days from its date. 

2. Confirmation of Order/Contract
A quotation is deemed to be accepted and forms a contract when Simple Kitchens receives a deposit payment and issues a receipt. The contract’s specification of goods and services is provisional, being subject to placement and confirmation of subcontracts with third party suppliers and to detailed surveys of the site by Simple Kitchens and subcontractors. The customer agrees to allow Simple Kitchens and subcontractors full access to the site for surveys. When the surveys are complete and subcontracts placed, Simple Kitchens will give the customer a confirmed contract specification.

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 Simple Kitchens of progress with and completion of prior works (such as structural alterations to the customer’s premises). Simple Kitchens must give the customer notice of firm delivery and installation dates at least 10 days in advance.

If asked by the customer, Simple Kitchens will provide a materials and equipment specification, but accepts no responsibility for any defect in the specification.

3. Changes to Contract
The customer and Simple Kitchens may each from time to time request a change to the contract. Simple Kitchens must consider the effect of the change on price and time to completion. Changes take contractual effect only when the customer and Simple Kitchens’ authorised representative agree the change and confirm in writing (e.g. via email)

Simple Kitchens has the right to amend the contract (for example to change specifications, times or price) where:

• Any goods or services to be provided by a third party become unavailable or become available only on changed terms
• Before completion by Simple Kitchens, the customer’s premises are changed or do not conform to plans on which Simple Kitchens’ quotation was based (for example, the customer’s builder changes the position of a wall).

In those circumstances, Simple Kitchens 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 Simple Kitchens to make.

4. Payment
The customer must pay according to the agreed payment schedule as outlined in the accepted quotation.
Standard payment schedule is:

Payment 1 of 6 Deposit
25% of the kitchen total excluding appliances, worktops and any agreed additional work.
Due 6-8 weeks before the agreed installation date

Payment 2 of 6 Appliances
Due at the point of ordering from the supplier, when the price is confirmed

Payment 3 of 6
65% of the cabinet order due when work commences on site.

Payment 4 of 6
Additional work as agreed, and for which quotations have been accepted.

Payment 5 of 6 Worktops
Due when the template for the worktops is taken and production starts

Payment 6 of 6 Final
Remaining 10% of total and any additional work agreed – Due on completion of the work agreed

Simple Kitchens will provide VAT invoices or pro-forma invoices accordingly.

The customer may pay by cheque, banker’s draft, BAC or debit/credit card, but not Diners Club or American Express. Simple Kitchens reserves the right to apply the going rate of surcharge to any credit card payments to cover charges levied by the bank. Simple Kitchens will advise the customer of the rate of surcharge before payment is made.

The customer is responsible for charges and wasted cost resulting from delay in payment. All goods remain the property of Simple Kitchens until the payment of all invoices on the schedule have been received in full.

5. Delivery
Simple Kitchens will strive to deliver all goods on the notified date and to have subcontractors deliver on time, but Simple Kitchens cannot be held responsible for any loss arising from delays.

The customer must allow delivery and installation on the dates notified by Simple Kitchens. If the customer does not, then Simple Kitchens may at its option treat the contract as terminated by the customer’s breach or reschedule delivery and in either case may charge the customer for costs incurred by the delay.

7. Storage
If delivery is delayed because the site is not ready or at the customer’s request, or if third party items are delivered to Simple Kitchens rather than to the site, then Simple Kitchens may arrange warehousing and the customer must pay Simple Kitchens the amount of the warehousing charges plus an 8% management charge.

8. Installation
The customer agrees to allow Simple Kitchens and its sub-contractors full access to the installation address for installation.

When Simple Kitchens considers the installation complete, the customer must (personally or through an authorised representative) inspect the installation with Simple Kitchens and either accept it as satisfactory or state any dissatisfaction.

9. Variations and fitting tolerances
Wood and stone are natural materials and so are subject to variations in colour, texture and appearance. No guarantee is given that the items supplied to the customer will be exactly the same as those shown in illustrations or samples. Occasionally Simple Kitchens may vary details of the design or manufacture of items, which may result in the items supplied differing slightly from showroom displays, illustrations or samples.

Voids and fillers are a normal part fitting. Their use cannot be accepted as cause for complaint.

10. Appliances
Simple Kitchens will not be responsible for changes in specification or non-availability of any appliances supplied by third
parties.

All appliances supplied by the customer must be on site prior to the commencement of the installation.
Simple Kitchens will accept no responsibility for the damage of any appliances not supplied by the company.

11. VAT
The prices stated in a quotation or contract are VAT- inclusive. VAT is charged according to law and at the rate prevailing at the time of invoice.

12. Warranties (Guarantee) 
Simple Kitchens warrants in respect of all items manufactured and supplied by Simple Kitchens, other than appliances, (subject to wear and tear and damage caused by the customer)

• for 1 year from installation that all paint finishes will be and remain satisfactory
• for 5 years from installation that all structure will be and remain satisfactory
• for 5 years from installation that all cupboard hinges and drawers will operate satisfactorily.

In respect of items supplied by third parties, Simple Kitchens will pass on to the customer the benefit of the supplier’s warranties.
These warranties do not affect any statutory rights. These warranties are not insurance backed.

Any indication given as to the time an installation will take is for guidance only and Simple Kitchens cannot be held responsible for any consequential loss arising from installation delays.

13. Disputes
If a problem occurs customers should contact us directly. We will aim to respond with an appropriate solution within 5 days.  In the unusual situation where we cannot resolve the complaint directly, as a Which? Trusted trader we use Ombudsman Services Ltd for dispute resolution.  If we have been unable to resolve a problem to your satisfaction you may refer the complaint to them.  Please contact Which? Trusted traders in the first instance on 0117 981 2929.