The following terms and conditions (“the Conditions”) are the terms on which Collins Bespoke sells products and/or provides ajoinery service (“the Goods”) and supersedes all other terms and conditions relating to the subject matter of these Conditions, apart from further or altered conditions specified in individual estimates or quotations:
1. PRICE AND PAYMENT
1.1. The price for the Goods ("the Price") shall be the price as stated on the quotation or estimate provided by Collins Bespoke, or such other price as the parties may agree in writing or orally.
1.2. For a “supply only” sale, i.e. where items are sold without installation at the Customer’s property, payment of the Price in full shall be made by the Customer upon collection of the goods from our workshop or upon delivery.
1.3. For an “installation” sale, i.e. where items are installed or work is carried out at the Customer’s property, payment of the Price shall be made by the Customer within 7 days of the date of the invoice. Payments made in excess of 28 days after the first invoice will incur a late payment fee of £25.00 and interest applied at the Bank of England's base rate + 1%APR.
1.4. For “installation” and “supply only” sales, a 25% deposit will be required to secure labour and materials. For kitchens, this will include an initial 10% deposit, which will go towards time spent designing the space. A further 65% of the full price is required 7 days prior to fitting. Full payment is required for Internet sales of “supply only”. Upon receipt of the deposit payment, the Customer has a ‘cooling-off’ period of 7 days, during which they have an unconditional right to cancel the contract. This will entitle the Customer to a full refund of the 30% deposit, excluding any design deposits which have already been allocated.
1.5. Collins Bespoke understands and will exercise its statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
2.1. Any quotation provided by Collins Bespoke shall be valid for acceptance by the Customer for a period of 28 days from the date of the quotation, and Collins Bespoke shall be required to accept an order based on the quotation within this 28 days period.
3.1. All Goods shall be required to conform to the specification in the order for Goods by the Customer as accepted by Collins Bespoke or as otherwise expressly agreed in writing or orally.
3.2. Any order for Goods sent by the Customer to Collins Bespoke shall be deemed to be accepted subject to the Conditions contained herein.
3.3. Each order for Goods accepted by Collins Bespoke shall be deemed to be an individual legally binding contract between the parties.
4.1. The Customer shall be deemed to have accepted the Goods upon completion of the “installation” work, or upon delivery or collection for a “supply only” sale.
4.2. Collins Bespoke shall not be liable to the Customer or be deemed to be in breach of the Conditions by reason of any delay or failure in a “supply only” sale or in “installation” work if the delay or failure was due to any cause beyond Collins Bespoke’s reasonable control.
4.3. All risk in the Goods shall pass to the Customer upon completion of the “installation” work, or upon delivery or collection for a “supply only” sale.
4.4. If Collins Bespoke is unable to deliver the Goods for reasons outside its control, Collins Bespoke shall be entitled, at the Customer’s expense, to place the Goods in storage until such time as the Goods may be delivered.
4.5. Any cancellation of an order after 7 days must be sent by the Customer to Collins Bespoke in writing. The Customer is liable to be charged for any materials ordered or work completed for an order at the time of cancellation, including the total amount payable.
4.6. Collins Bespoke is pleased to undertake insurance work, but this is only done on the understanding that the Customer is responsible for paying Collins Bespoke’s invoice, not the insurance company. Collins Bespoke is unable to deal with insurance companies direct.
5. TITLE TO GOODS
5.1. Collins Bespoke warrants that it has good title to the Goods and that it will transfer title in the Goods to the Customer pursuant to Clause 5.2.
5.2. Notwithstanding delivery, title in the Goods shall not pass to the Customer until Collins Bespoke has been paid in full for the Goods. Nothing in this Clause shall prevent Collins Bespoke from raising an action against the Customer for payment of the Goods.
5.3. The title of any unwanted items removed by Collins Bespoke as debris or rubbish from the Customer’s property transfers immediately to Collins Bespoke.
6. DAMAGE IN TRANSIT
6.1. Upon serving notice within 24 hours of delivery to Collins Bespoke, the Customer shall be entitled to replacement Goods if Collins Bespoke is reasonably satisfied that the Goods have been damaged prior to transportation arranged by Collins Bespoke.
7.1. Where the Goods have been manufactured by Collins Bespoke and are found to be defective, or installation work by Collins Bespoke is found to be defective, Collins Bespoke shall repair or, in its sole discretion, replace defective Goods free of charge upon the following conditions:
7.1.1. the Customer giving notice of the defect within 5 days of the defect coming to the Customer’s attention;
7.1.2.such notice being served within 7 days of delivery or collection for a “supply only” sale, or within 6 months of the date of the invoice for “installation” work;
7.1.3. the defect being due to Collins Bespoke’s faulty design, workmanship or materials;
7.1.4. the Customer having complied with Collins Bespoke’s oral or written instructions as to storage, installation, use or maintenance of the Goods or in accordance with good trade practice; and 7.1.5.the defect is not due to rot or insect attack of joinery items as specified in Clause 9.3.
7.2. Any Goods to be repaired or replaced under Clause 7.1 for a “supply only” sale shall be delivered to Collins Bespoke at the Customer’s expense.
7.3. Where the Goods have been manufactured by a third party Collins Bespoke shall where possible pass on to the Customer the benefit of any warranty in respect of the Goods granted to Collins Bespoke by such third party.
8. LIMITATION OF LIABILITY
8.1. Subject to Collins Bespoke’s liability under Clause 5 and subject to Clause 11 Collins Bespoke shall not be liable to the Customer for any loss (including loss of profit), costs, damages, charges or expenses incurred by the Customer or for any loss or damage to or caused by the Goods. In addition, Collins Bespoke will expect the customer to ensure that installation areas are well-prepared for construction work. Collins Bespoke will work diligently and carefully and shall not be liable for damages and costs incurred to poorly prepared installation areas.
8.2. Subject to this Clause 8 and Clause 11 all other conditions, warranties or other stipulations concerning the Goods whether express or implied by common law or under statute are excluded to the fullest extent permitted by law, and, in particular, but without limiting the foregoing generality, Collins Bespoke grants no warranties regarding fitness for purpose, use, quality or nature of the Goods whether express or implied by statute or common law.
8.3. Subject to Clause 11 the liability of Collins Bespoke under this Agreement howsoever arising shall not exceed the Price.
9. JOINERY WORK
9.1. For a “supply only” sale, the Customer is responsible for the accuracy of sizes requested. Any amendments to joinery items ordered due to inaccurate sizes will be charged for.
9.2. Whilst every attempt is made to eliminate the expansion of external joinery items such as gates, doors and windows by allowing a certain amount of clearance, Collins Bespoke is not liable for any expansion or swelling of these items.
9.3. All external joinery items are dipped in preservative upon completion or during manufacture. Whilst this treatment reduces the possibility of rot and insect attack, it cannot eliminate this possibility entirely. Hence Collins Bespoke’s guarantee in Clause 7 does not cover rot and insect attack of joinery items.
9.4. Unless otherwise stated, staining or painting of joinery items is not included in the estimated or quoted price.
9.5. Upon completion of work, Collins Bespoke will suggest suitable maintenance applications for the preservation of joinery items; however, Collins Bespoke cannot be liable for damage through mis-treatment. (See 7.1.4.)
10.1. Nothing in these Conditions shall be construed so as to exclude or limit the liability of Collins Bespoke for breach of the warranties contained in Clause 5 or for breach of warranty as to title and quiet possession implied by the Sale of Goods Act 1979 where such Act applies to the contract between Collins Bespoke and the Customer for the sale and purchase of the Goods incorporating these Conditions.
10.2. Nothing contained in these Conditions shall be construed so as to limit or exclude the liability of Collins Bespoke for death or personal injury as a result of Collins Bespoke’s fraudulent misrepresentation, negligent actions or those of its employees or agents.
11. GOVERNING LAW AND JURISDICTION
11.1. This Agreement shall be governed by and construed in accordance with the law of England and the parties hereto submit to the non-exclusive jurisdiction of the English Courts.