Contract

Fitted Kitchens

Terms & Conditions

 

For the purposes of this document, ‘you’ refers to the customer and ‘we’ or ‘us’ refers to Leivers & Vale Limited. 

 

1. Estimation

Prior to quotation, we will use your measurements to send you an estimate cost for your project. This is to help to understand the budget requirements for the project. This is not a quotation, and the final quotation is likely to be different to the estimated costs. Upon satisfaction of the estimate, we will survey the property to ensure any further works are not necessary. Once we are satisfied, we will issue a formal quotation.

2. Initial Quote, Acceptance of Quote 

Once we have clarified your requirements and obtained all of the necessary details, we will prepare a quotation and deliver it to you by email or in person. 

The quotation will set out the amount of the agreed price and the required deposit. Where we are supplying, fitting and overseeing the project management of your kitchen installation, the deposit required will be 40% of the total. Where we are only supplying the kitchen/products without installation, the deposit required will be 50% of the total. 

Upon payment of the deposit, a legally binding contract will have been created, for you to pay the quoted price and for us to carry out the supply/installation as per our quotation. 

3. Quote/Deposit 

The quoted price will be valid for 30 days from the date it is created. 

The quoted price is inclusive of VAT. If the VAT rate changes before you accept the quotation, we will adjust the amount of VAT that you pay. 

 

You must pay the deposit within these 30 days to guarantee the quoted price. Acceptance of a quote in writing will be of no effect until we receive the deposit in full. 

The deposit is non-refundable, unless the agreement is cancelled within the agreed 14 day cooling off period, please see section 8. ‘Cancellation of Contract’ below. 

A fitting date can only be confirmed when we receive the deposit in full. 

3. Payment  

Supply & Fit Customers

Where we are supplying, fitting and overseeing the project management of your kitchen installation, the quoted amount is split into three payments:  

• 1^st payment – 40% of total amount, due when sale agreed and to secure a fitting date. 
• 2^nd payment– 40% of total amount, due on the day of cabinet delivery
• 3^rd payment – 20% of total amount, due when the project is completed satisfactorily 

 

 

 

Supply Only Customers

Where we are supplying the kitchen only, the quoted amount is split into two payments:

• 1^st payment – 50% of total amount, due when sale agreed 
• 2^nd payment – 50% of total amount, due on the day of cabinet delivery 

 

4. Late Payments

If you do not pay an invoice by the due date, we will charge you interest on the overdue sum at the rate of 2% above the base rate until payment is made in full. Interest will accrue on a daily basis from the due date until the actual date of payment. This is to cover any additional incurred costs to us from the result of a delayed payment. We will also charge a fee of £100.00 in admin fee’s for chasing payments.  

If you have promptly contacted us to dispute an invoice, or with good reason as for delay in payment, in good faith, we may not charge interest whilst such a dispute is ongoing. 

Please note, where circumstances outside of our control have resulted in a delay to the project being completed, we may request a part payment of the final amount, to cover outgoings to that point. This includes, but is not limited to goods damaged in transit, missing or delayed items from the order.

Please note that all products remain the property of Leivers & Vale Ltd until the initial quoted amount has been paid in full. Should there be any dispute in payment and an agreement cannot be reached, we reserve the right to remove any and all items from your property. 

5. Services 

We will provide the services in accordance with the specification set out in the accepted quotation and agreement. 

We will ensure that the services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade practice. 

We will ensure that we comply with all relevant codes of practice and statutory or regulatory requirements. 

We will, at all times, hold a valid employer and public liability insurance policy and will hold and keep up to date any and all licenses or permits as may be required in order to provide the services. 

6. Supply Only Terms 

From time to time a customer may wish to purchase the products from us, for a third-party contractor to fit in their property, we call this ‘supply only’. 

Where we enter into a supply only agreement, we will work with you to design, plan and quote for the project as per your requirements. 

The customer and/or their contractor should check the plans and detailed quotation carefully prior to paying a deposit. It is the customer and/or their contractors responsibility to ensure all plans are correct and acceptable prior to agreeing to the contract.

Any additional items needed during installation over and above the quoted products, will be chargeable. These will be agreed upon by a change order, and a separate quotation accepted. Please note that delivery times will vary between items that are stocked or bespoke/paint to order. These items will paid for separately and before the goods are supplied.

A representative from Leivers & Vale will not be present on the day of delivery, to check that all items on the agreed quotation have been delivered correctly. The customer is responsible for checking all items and reporting any damages to us in writing within 24 hours. Photos of any damages will be required. 

Delivery, worktop templating and fitting dates will be confirmed when a deposit has been paid. Should the customer need to move any of the dates, we need to be informed in writing at least 4 weeks prior to the agreed date. If we are not notified within this timeframe, material storage charges will be incurred, at a cost of £50.00 per week. 

Fixtures and fittings required to fit the products are not provided by us (e.g. screws, nuts, bolts, brackets etc). Please contact us for further clarification on this matter should you need it. 

We pride ourselves on providing excellent customer service and will endeavour to support your project where possible. However, when we enter a supply only contract, you are not paying for a fitting service, including advice and support. Should you require additional advice or support throughout your project, this will be a chargeable service. 

7. Problems/Guarantee 

In addition to any statutory rights which you may have, we guarantee that the materials and products that we supply as part of the services will be free from materials defects or flaws for a guarantee period of 12 months following completion of the services. 

In addition, when the installation is carried out by us, we guarantee that the installation will be free from installation induced defects for a minimum period of 6 years.

If any such material defects or flaws appear during the guarantee period of 12 months, we will rectify free of charge, unless damage has been caused by the customer through improper use, negligence or failure to maintain the products in accordance with the manufacturer’s recommendations. If any such material defects or flaws appear outside of the guarantee period of 12 months, we will provide replacement parts for those parts effected. 

We always use reasonable efforts to ensure that our provision of the services is trouble-free.  If, however, there is a problem with the services, we request that you inform us as soon as is reasonably possible. We will use all reasonable efforts to remedy problems with the services as quickly as is reasonably possible and practical. 

We will not charge you for remedying problems under this clause, where the problems have been caused by us. If we determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, we may charge you for remedial work. If we determine that a problem has been caused by a third-party contractor, we will not carry out any remedial work and instead will inform you of the problem which you may then follow up with the third-party contractor in question.

8. Your Obligations 

If any consents, licences, or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, you are responsible for obtaining them and you warrant that you have applied for and obtained all such consents, licences, or other permission before we contract with you for the services. 

You may either supply a set of keys for the property or be present at the agreed times to allow access. All keys entrusted to us will be kept safely and securely. 

Where the property is unavailable for work, during the agreed installation window, we reserve the right to bill you a standby charge of £100.00, per day the property is unavailable.

9. Third Party Contractors 

Where we or you identify that, in order to implement the project, there are services or products needed in addition to the services agreed by us, the following will apply: 

If you decide to appoint third-party contractors to carry out those additional services, it will be your decision as to which third party contractors to appoint. 

Where we are required to cooperate with any third-party contractors, we will use reasonable efforts to do so and to ensure that the services are provided in accordance with the agreement. 

We will require you to use reasonable efforts to keep us informed of the progress of the project and in particular the activities of any third-party contractors whose work may affect our provision of the services (whether adversely or otherwise). If our provision of the services is delayed by any third-party contractors, we will have the right to charge you at our normal hourly rate for the length of time we are delayed by the third-party contractors concerned. The current hourly rate is £40.00 per hour.

If building works are being carried out to the property prior to the kitchen being fitted, and the build specification is different to the design agreed or does not meet the quality required when kitchen installation commences, there may be additional costs to you.

If the kitchen installation is taking place before other building works in the house are complete, that could potentially incur damage to the kitchen, an agreement is required in writing with yourselves to confirm that the installation can proceed and that we accept no responsibility for any damage after the final installation. Should additional protection be required (e.g. floor protection), this will be chargeable to you. 

10. Start Date 

We will agree on a mutually workable start date for the project. Where we cannot mutually agree on an initial start date, either you, or us may terminate the agreement.

Where you ask us to change the start date, we will where reasonably possible agree a revised start date. If it is not possible to agree a revised start date, it is possible to change to a supply only contract.  

If we ask you to change the start date, you may either agree a revised start date with us, or you may change to a supply only contract.

11. Cancellation of Contract 

You have a statutory right to a ‘cooling off’ period. This period begins once the contract between you and us has been made and in relation to services, it ends at the end of 14 calendar days after the date on which the agreement was made. 

If you wish to cancel the agreement within the cooling off period, you should inform us immediately in writing. 

If you exercise the right to cancel within the cooling off period, you will receive a full refund of any amount paid to us in respect of the agreement. If your order contains bespoke and made to measure items, these items are excluded from the 14-day cooling off period. Assembled kitchen cabinetry are bespoke and made to measure and therefore cannot be restocked after ordering.

You will not incur any fees as a result of the refund.

We will process the refund due to you as a result of cancellation of services without undue delay and in any case within the period of 14 days after the day on which we are informed of the cancellation. 

An exception to the refund clause is where a job is due to start less than 14 days after the deposit payment has been received. If labour has been booked and products have been ordered, the cost of this will be deducted from any refund. 

In relation to products: 

If you exercise the right to cancel in relation to products: anything that has been ordered or delivered will require payment or there may be an item restocking fee. If, where possible items can be returned, we will refund any payments made. This right will not apply to bespoke, personalised or inseparably mixed goods. 

We will issue a refund no later than 14 calendar days after we receive the returned products, and the refund will not include standard delivery charges. 

You must return the products to us, in their original packaging, within 14 calendar days of the day on which you inform us that you wish to return the products. You must pay return shipment costs if products are returned under this clause. 

We may make a deduction from the refund for loss in value of any products supplied if the loss is the result of unnecessary handling by you. 

12. Termination 

You may terminate the agreement with immediate effect by giving us written notice if: 

We have breached the agreement in any material way and have failed to remedy that breach within 14 days of you asking us in writing to do so.

We enter into liquidation or have an administrator or receiver appointed over our assets. 

We are unable to provide the services due to an event outside of our control. We may terminate the agreement with immediate effect by giving you written notice if: 

You fail to make a payment on time as required. 

You have breached the agreement in any material way and have failed to remedy that breach within 14 days of us asking you in writing to do so. 

You and we have been unable to agree a revised start date. 

We have been unable to provide the services for more than 12 weeks due to an event outside of our control. 

On termination of the agreement, we will generate a reduced invoice, for the goods and services provided so far.

13. Events Outside of Our Control 

We will not be liable for any failure or delay in performing our obligations under the agreement where the failure or delay results from any cause that is beyond our reasonable control. 

If any event occurs that is likely to adversely affect our performance of any of our obligations under the agreement, we will inform you as soon as possible, our obligations under the agreement will be suspended, you or we may terminate the contract. 

14. Liability and Consumer Rights 

As a “consumer” as defined by the Consumer Rights Act 2015, nothing in the agreement will affect your consumer rights. For more details of your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standard Office. 

We will be responsible for any foreseeable loss or damage that you may suffer because of our breach of the agreement, as a result of our negligence. We will not be responsible for any loss or damage that is not foreseeable. 

If we cause any damage to the property, we will make good that damage at no additional cost to you. We are not responsible for any pre-existing faults or damage in or to your property that we may discover while providing the services. 

We provide services for domestic and private purposes only. We make no warranty or representation that any services are fit for commercial purposes of any kind. We will not be liable to you for any business interruption or losses. 

Whilst we aim to provide the services to you according to the timetable specified in the agreement, dates and timeframes for delivery of products and carrying out the services are for guidance only and we cannot guarantee that the services will be performed or completed within those timeframes. 

We will not be liable for any accommodation costs, cost of storage of furniture, or any other expenses you incur from provision of the services. 

We will not be liable for any loss or damage you suffer which results from your failure to follow any reasonable instructions given by us. 

Nothing in the agreement is intended to or will limit or exclude our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation. 

15. How We Use Your Personal Information (Data Protection) 

All personal information that we may use will be collected, processed, and held in accordance with the provision set out under ‘The Data Protection Act 2018’ and we will at all times, be registered with the Information Commissioner’s Office. 

Should we need to share your data for the purposes of completing the project, we will inform you in writing. 

16. Other Important Terms 

We may transfer (assign) our obligations and rights under the agreement to a third party (this may happen for example if we sell our business) If this occurs, we will inform you in writing. Your rights under the Agreement will not be affected and our obligations under the agreement will be transferred to the third party who will remain bound by them.  

You may not transfer (assign) your obligation and rights under the agreement without our express written permission (such permission not to be unreasonably withheld) 

The agreement is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the agreement.  

17. Law and Jurisdiction 

These terms and conditions, the contract and the relationship between you and us shall be governed by and construed in accordance with the law of England and Wales. 

Any dispute, controversy, proceedings or claim between you and us relating to these terms and conditions, the contract, or the relationship between you and us, shall be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by your residency.