OPTIPLAN KITCHENS TERMS OF TRADING
THE TERMS OF TRADING OF OPTIPLAN KITCHENS LIMITED AND ITS SUBSIDIARY COMPANIES
In the terms below Optiplan Kitchens Limited is called “the Company” and the other contracting party is called “the Customer”.
Optiplan Kitchens Limited is registered in England & Wales (Company No: 05303766)
Innovation Way, Woodhouse Mill, Sheffield, S13 9AD, UK
- If for any reason beyond the Company ‘s reasonable control, the Company is unable to supply a particular item of furniture or a particular appliance the Company will notify the Customer. With the agreement of the Customer the Company will, where possible, replace it with an item of at least equal quality and value.
- The Company will do all that it reasonably can to meet the date given for delivery and/or In the case of unforeseen circumstances beyond the reasonable control of the Company, the Company may not be able to do so. In such circumstances the Company will contact the Customer and agree an alternative date. Installation dates given are always “week commencing” – which means the start of the installation could be any day of the week. Should the Customer be unable (for whatever reason) to meet the agreed installation date the Customer agrees to pay the Company £100.00 (one hundred pounds) per week to store the furniture and the appliances on the Customer’s behalf until a new installation/ supply date can be agreed.
- Where the Company has agreed to only supply (i. not install) the furniture and/or appliances, the Company guarantees that the quality of the furniture and/or appliances will be to a satisfactory standard. The Company is not responsible for the installation of the furniture and/or appliances. Any installation of the furniture and/or appliances is the sole responsibility of the Customer. The Company shall not be responsible for any damage or loss in respect of the units supplied by the Company arising out of or associated with any such installation of the furniture and/or appliances by the Customer.
- The Customer agrees to give access to the premises for the purposes of delivery and/or installation or subsequent visits that may be necessary for completion of the installation. If these subsequent visits result in the Customer having to take leave or time off from their employment, then the Customer fully accepts that any losses they incur are not recoverable from the Company.
- The Customer is advised and accepts that the installation may cause damage to decoration. It is anticipated that the kitchen will require redecoration following completion of the This will be the Customer ‘s responsibility and is not included in the price unless specifically set out otherwise 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 fitting of the kitchen in the usual way (for example, damage to other areas of the premises where kitchen units/appliances are not being fitted).
- The Customer agrees that there will be an available supply of water, gas and electricity provided in the necessary positions for the purpose of carrying out the installation and such services will be supplied at no cost to the Company.
- The Customer accepts that in signing this contract that they are bound to this purchase and that any deposits paid are non refundable. However, should the Company agree to cancel this contract (at the Customer ‘s request and not through any fault of the Company) then the Customer accepts that should the deposit monies paid fail to cover the Company ‘s losses then the Customer shall pay in full to the Company the necessary amounts to meet these losses.
- The Company is bound to provide the Customer with the kitchen detailed overleaf for a period of 1 year (from the contract date) free of any price increases (excluding changes in the rate of VAT) that the Company may have levied during this time. However, after 1 year the Company reserves the right to apply any price increases that may have occurred. The Customer is aware and accepts that this will be the case.
- On delivery or collection, the risk of any loss to the furniture and/or appliances becomes that of the Customer.
- Any outstanding monies due for the furniture and appliances shall be made in full by the Customer by way of cleared funds upon delivery. The Customer will not pay for the installation until practical The goods are not warranted/guaranteed until payment is received in full by cleared funds – only then shall title pass to the purchaser.
- The Company will attempt to complete the installation (when applicable) within 5 weeks of the first day of commencement. This is a voluntary time-scale offered by the Company in all good faith. The Customer fully accepts however that this timescale is not binding on the Company and that time is not of the essence in the contract between the parties. The Company will however make all reasonable efforts to ensure that the installation is completed within the quickest possible time span when and where all delays are within the Company’s direct control.
- Our perspective drawings are purely an ‘artistic impression’ of your kitchen, they cannot be relied on to be correct in every detail and do not form part of any contract.
- The Company and the Customer agree that these terms shall be governed by and construed in accordance with the Law of England and they further agree that the English Courts shall have exclusive jurisdiction
SPECIFIC EXCLUSIONS (UNLESS DETAILED OVERLEAF) & WARNING NOTICES
- Any building remedial works brought about by removal of old units,
i.e. damage to plaster, ceilings and existing flooring.
- Removal of tiles on concrete.
- Fitting of new gullies or downpipes, etc.
- Fitting of new consumer units, 30 amp supplies and ring mains.
- Repairs to floor, e. screeding or latex bonding.
- The supply or installation of wall or floor coverings, etc.
- The cost of delivery of your new kitchen or disposal of your old kitchen and/or site rubbish.
Note: All the above work can be quoted for if requested on a separate contract. In good faith, Optiplan may on occasions give names of other contractors to do work. However, Optiplan cannot be held responsible for works done by other contractors whether they be recommended or otherwise.
A number of our doors are made from natural materials, i.e., oak, beech, maple, etc., therefore matching of colours, shades and grains can never be guaranteed. Also sunlight, etc., will eventually darken them.
Gloss Laminate Worktops
Gloss worktops will scratch and the Customer accepts this risk. The Customer cannot claim against the Company when scratching occurs.
The displays in our showrooms are for guidance only. Please refer to the plan/quotation for the exact specification of your kitchen.
If you are considering purchasing granite worktops, it is important that you remember that granite is a natural material and therefore the colours, etc., can be inconsistent from slab to slab. If you wish, you can visit the granite mason’s yard and view the granite prior to manufacture. Failing this we cannot accept any claims after installation concerning colour variations or oddities in the grain.
Please be aware that there is a 10-14-day delay between templating and fitting the granite, and it is possible that your kitchen will not be fully serviceable during this time.
PART ‘P’ REGULATIONS
In January ’05 the government introduced new laws regarding domestic electrics. When your kitchen is removed the installer/electrician must check that your wiring/fuseboard(s) meets these new BS7671 (Part ‘P’ 17th Edition) regulations. If they do not, you will incur extra costs to rectify any faults or upgrades either through your own contractors or through the installer/electrician. ·
Any direct payments (i.e. fitting charges, building works, supply of tiles etc.) are due to the applicable sub-contractor(s).
Where this arrangement has been agreed between the parties, the contract for these services will be between the customer and the relevant sub-contractor(s).
Therefore, direct payments as detailed overleaf should not be paid directly to Optiplan Kitchens.