DEFINITIONS – For the purpose of these terms & conditions the following words shall have the following meanings:
“the Company” shall mean Ruach Designs Ltd t/a Ruach Kitchens.
“the Customer” shall mean the person or organisation for whom the Company agrees to carry out works and/or supply materials.
ACCEPTANCE AND CONDITIONS – It is understood that there are no agreements between the Company’s representatives and the Customer other than those embodied in this Agreement. All the Terms & Conditions between the Company and the Customer are contained in this Agreement and no oral or written arrangement between the Customer and any agent or representative of the Company not mentioned in this Agreement shall be in any way be binding upon the Company.
The order is based upon the specification/quotation and drawing referred to in ‘Schedule of Goods / Services to be supplied’ in Contract of Sale.
Whilst the Company undertakes to use its best endeavours to ensure that the Goods are to the specification, colour and finish ordered, slight variations may occur, for which the Company can accept no liability.
The colour of natural wood products may fade or discolour over time due to natural processes and the Company can accept no liability for such occurrences.
Granite, marble & Silestone are natural materials so colour, shading, surface texture and veining will vary from piece to piece. This is a characteristic and cannot be considered as grounds for complaint.
Where any part of the specification is based upon measurements or other information provided by the Customer the Company cannot accept liability for any additional costs incurred as a result of any of this information being supplied incorrectly by the Customer.
Additions or variations to the specification shall not have effect unless agreed in writing from the Company.
PAYMENT – may be made only by cash, Bankers draft, cheque or BACS and shall be cleared by the due date. In the case of cheque or BACS payment this must be received/actioned 7 days before due date in order for it to be cleared by due date. Should the Customer fail to pay on the due date then the Company may demand immediate payment of the total amount payable and other amounts due under this Agreement. If any payment is not made on the due date then in addition to our rights we may charge the Customer with:
Interest calculated on a daily basis on the amount unpaid until it is paid in full. The rate of interest will be 4% above the Bank of England base rate prevailing at the time.
The cost to the Company for every reminder or demand for payment and collection costs , including reasonable solicitors/lawyers fees and any court costs.
Any bank costs incurred by the Company and any administration costs.
Time is not of the essence of this contract and any time or date specified by the Company on which goods will be delivered or installed is given in good faith by the Company and which the Company will make all reasonable efforts to comply with but shall not be held liable for any loss, damage or expense howsoever arising from delay in delivery or installation.
The Company shall have the right to cancel or delay performance of this agreement without liability for loss or damage resulting there from if the performance of its obligations under this agreement is in anyway adversely affected by any war, lockout, strike, sit in, industrial dispute, fire, flood, accident to, or breakdown of any machinery, shortage of any material or labour or any other cause whatsoever beyond the Company’s reasonable control.
In the event of cancellation of delivery of goods and services by the Company its liability will be limited to a refund to Customer of any part of the price paid by the Customer prior to such cancellation.
The Customer will give access to the premises to the Company its servants and workmen at all reasonable times so that the Company may complete the installation in accordance with this Agreement.
The fitting method shall in the absence of any special arrangement detailed in the Schedule be determined by the Company.
The Customer is advised and accepts that the installation may cause damage to decoration. It is anticipated that the room worked in will require redecoration following completion of the installation. This will be the Customers responsibility and is not included in the Total Contract Price unless specifically set out otherwise in the Schedule overleaf. For the avoidance of doubt this provision does not exclude the Company’s responsibility for any damages which are beyond what is reasonably commensurate with the installation (for example damage to other areas of the premises where units/appliances are not being fitted).
The Company disclaims responsibility for any damage resulting from any pre-existing structural defects before the work commenced.
The Customer shall be responsible for the removal of all internal fittings, furniture, telecommunications, security or other cables, carpets, curtains, ornaments, contents of cupboards etc whose removal is reasonably necessary in the opinion of the Company to enable the work to be carried out. The Company shall not be liable for any breakage damage or loss of any nature should the Company undertake to carry out such removal(s) or any additional expense.
The Company may, at its discretion, delegate or sub-contract performance of all or any of its obligations herein, including the performance of any services.
The Company will clear away and dispose of any debris created by the installation or remedial work and will leave the premises in a clean and tidy condition. However, the Company will not remove for disposal any fridge, freezer or combination fridge/freezer due to E.U. directive.
TITLE & RISK –
Title to any goods supplied by the Company shall not pass to the Customer but shall be retained by the Company until payment in full for such goods has been made by the Customer to the Company.
Risk for goods shall pass on delivery to the Customer, and until such time as the title in such goods has passed to the Customer, the Customer shall insure goods to their full replacement value.
GUARANTEE – The guarantee(s) contained in this Agreement shall come into effect on the date that the goods or services are supplied and the Customer has signed a Satisfaction Notice provided that the Total Contract Price has been paid. The guarantee(s) are void if any monies remain outstanding after completion of the installation.
The Company guarantees the installation for a period of 2 years in respect of faulty workmanship.
This does not cover any work in respect of blockages in waste and drainage systems or if the fault is as a result of misuse or negligence or if the materials have been repaired, modified or tampered with by anyone other than the Company. Plumbing work undertaken by the company is guaranteed for 3 months from time of installation of which the customer must inform the company within 24 hours of any such fault.
Mobalpa Kitchens offer a 5 year guarantee for faulty materials and a 25 year guarantee for their drawer runners and hinges. This is subject to their own terms and conditions.
All appliances are supplied subject to any guarantees and after sales services that are offered by the manufacturers themselves, or where appropriate subject to the terms of any extended warranty scheme. The customer needs to complete and send off registration forms.
COMPLAINTS PROCEDURE – For consideration of any claim arising from our obligations under section 8.1 GUARANTEE above, then any such claim must be emailed to email@example.com or a letter sent to the address : Ruach Designs, 11-13 Market Square, Westerham, Kent TN16 1AN and marked for Customer Service. Alternatively, telephone the Company on 01959 561333 and follow up with an email or letter.
The Company will commit to responding to any such written or verbal request within 5 working days for investigation and agreement.
If the Customer shall cancel this contract within seven days of signing it, then they shall be entitled to a full refund of any deposit paid less a charge of £250 for providing a design but such demand must be made in writing to the Company.
If the Customer shall cancel this Agreement at any other time then the Company shall be entitled to retain 25% of the Total Contract Price as agreed compensation for loss of profit together with the value and cost of all work carried out and materials purchased. If this shall exceed the deposit paid by the Customer then the Customer shall pay the balance to the Company forthwith.
STATUTORY RIGHTS – These conditions do not affect the statutory rights of the Customer.
SEVERABILITY – If any provision in this Contract should be held to be invalid such provisions shall be severed and the remaining provisions shall continue to have full force and effect.
GOVERNING LAW – This Agreement shall be governed by and construed in accordance with the law of England.
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