K4 Group Ltd General Terms and Conditions
Excluding Website and Distance Selling*
*Website or Distance selling (IE. When the customer does not meet a representative of K4 face to face)
The Company intends to rely upon the written terms set out here and on the order together with any plan accompanying the order. If you require any changes, please make sure you ask for these to be put in writing and or do so yourself. In that way, we can avoid any problems surrounding what the Company and you the customer are expected to do. Should you have any query about these terms and conditions or do not understand any meaning contained in this document then please write to or telephone our office on the telephone number that can be found on your order at the bottom of each page. Terms such as ‘we’ or ‘our’ or ‘the Company’ shall be taken to mean K4 Group and ‘you’ shall mean our client in this contract.
2. Third Party Contractors
We may, as your agent, directly or through an intermediary ask another contractor ("Third Party Contractor") to carry out some or all of any work which you instruct us to carry out for you. We shall pay the reasonable charges of Third Party Contractors on your behalf and recharge them to you with our own fees. We will ensure that the Third Party Contractor fees which are recharged to you are in line with the fees we will have quoted to you, had we done the work ourselves. We will take all reasonable care in selecting and instructing a Third Party Contractor.
Your order as detailed is based upon a non invasive inspection by our designer who is an experienced individual, however there may occasionally be items/issues that come to light during the project that are not covered in the original order, these items/issues will be discussed with you and a price agreed before the additional work is undertaken, time for delivery / installation may have to be extended.
4. Drawings etc.
Any CAD (computer aided design) images and plans are approximate and are subject to the limitations of the process. All descriptions and illustrations contained in our brochures and other advertising matter are illustrative only however these will generally show the product more accurately than CAD images. If a particular aspect or feature or measurement is of importance then please check this with the designer.
5. CHANGES OF SPECIFICATION/AvAilAbility
Should we be unable to supply an item in the contract we reserve the right to substitute any product for an equivalent, without liability, only where the product originally specified is no longer available and/or has been updated or upgraded or for another reason beyond the Company’s reasonable control. In such event we will notify you of such change(s) before the item is supplied. Should you not wish to accept the substitute product at the new price then you may provide an alternative as long as this item is similar to the original and does not delay the work flow any more than our substitute product, in this case the price of the original item will be deducted from the final account. Should it be necessary to use an alternative product and the item(s) are less or more expensive for us to install, then this relevant amount will appear on the clients final account as a reduction or increase accordingly.
6. APPLIANCE PRICES
In the event that a price or prices increase, we will notify you before we have 100% committed to ordering the product(s), so you can either accept the increase or choose to supply the product yourself. Should you choose to supply the product yourself, it must arrive before the date of installation. If it does not, this could result in extra charges and delay.
7. Commencement of Work
We will make every effort to deliver and/or begin work on the date given, however should an unexpected event beyond our reasonable control cause a delay we will contact you and use our best endeavours to minimize the delay. In such circumstances will not accept liability for such a delay. Should you have any doubt as to whether your site will be safe and accessible you must contact us immediately so that a solution can be found. If we cannot carry out the work agreed in an effective manner due to your site being unsafe or inaccessible during normal or agreed working hours then you shall be liable for our resultant financial costs.
A. Our tender / quote is submitted on the basis that our staff and other contractors will be able to complete their work unhindered and uninterrupted, such that they are afforded free working effective and continuous access to a safe working environment. If additional visits are necessary by reason of delays for which we are not responsible then such will be charged for at our standard rates
B. Unless specified for we are not responsible for the construction of trenches, floor plates, masonry works, carpentry works or other civil engineering works
C. It is your responsibility to tell us of any restrictions of access to the site, including, but not limited to, overhead cables, parking restrictions and road works, and if delay or cancellation results from your failure to tell us, you must pay us the amount of such loss or expense which we may incur as a result, on an indemnity basis
D. It is your responsibility to tell us if any normal services are not available at the installation site, or are available but unusable, and any failure to do so shall result in your paying to us such loss or expense as we may incur on an indemnity basis
E. We will endeavour to carry out the work within a reasonable period of time. The estimated period will be indicated before we commence work. Occasionally the duration of the work will be more or less than the period indicated. Time to complete the work is not a part of the contract.
9. Terms of Payment
Payment in respect of goods or services supplied by us, unless stated differently in our quotation or tender, shall be upon the basis of 30% of the price being payable on the placement of your order, a further 60% of the price being payable no later than five (5) working days prior to the scheduled date for delivery of your kitchen and the balance immediately following completion of the works. The client shall not be entitled by reason of any alleged minor defect to withhold more than a proportionate amount of the sum due and only until the alleged defect is dealt with by the Company.
A. We accept no responsibility for any drawing, design or specification not prepared by us and the cost of any additional work caused by any defects in any such drawings, designs or specifications shall be chargeable in addition.
B. The guarantee(s) is/are only effective once full payment has been made.
Any waiver or allowance made by us shall be limited strictly to the matter and occasion in respect of which waiver or allowance is made, and shall not otherwise be taken to limit in any way our ability to rely upon and enforce these terms and conditions
Cancellation is acceptable only if the order has been made and a deposit paid during our first visit to your home, in this case you have a seven (7) day ‘cooling off’ period and must cancel the order in writing within this time. In all other circumstances cancellation shall be permissible only with our written consent. The majority of our products- particularly furniture – are made to order and have no value to anyone except you the client therefore the costs to the company of cancellation by you will be proportionately high. All the reasonable costs to the company will need to be paid by you in full, and shall be sufficient to cover our losses and expenses, including loss of profit.
Any sum(s) payable to us (which shall include such legal costs and expenses as we may incur by reason of your default) in accordance with these terms and conditions if unpaid within 14 days of becoming due under term 8 and payable shall attract interest (to be compounded / accumulated with the sum(s) payable) at the rate of 1.5% per month (both before and after judgement), payable by you in addition
14. Service Warranty
We warrant that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.
We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
As soon as we have delivered the goods or services, you will be responsible for them and we will not be liable for their loss or destruction unless directly caused by our negligence. Therefore, you would need to take necessary steps to protect the items. If you delay a delivery, our responsibility for everything other than damage due to our negligence will end on the date we agreed to deliver them.
17. Ownership of the Goods
You will only own the goods once they have been successfully delivered and when we have received cleared payment in full.
A. These terms and conditions shall be construed and determined exclusively in accordance with the laws of England and Wales
B. In the event of any dispute between us we each agree that the disputed matter(s) shall be referred to a senior lawyer for determination, who shall act as an expert and who shall be appointed, in the absence of agreement, upon the application of either party, by the President of the Law Society of England and Wales, or his / her deputy, and whose decision shall be final and binding upon us, save in the event of manifest error. Any such expert so appointed who shall be appointed, in absence of agreement, upon the application of either party, by the president of the Law Society of England and Wales, or his/her deputy, and his decision shall be final and binding upon us, save in the event of a manifest error. Any such expert so appointed who shall die or otherwise be unwilling or unable to fulfil his/her appointment shall be replaced by another appointed by the same method.
C. Any term or condition found to be invalid in law or otherwise unenforceable shall be removed from this document without affecting the validity of the remainder, and replaced with such similar but valid or enforceable term or condition, as shall most nearly reflect the spirit of the original.
19. Customer Services
A. To protect your own interests please read the order and these terms and conditions carefully before signing the order. If you are uncertain as to your rights under them or you want any explanation about them please write to or telephone our customer services department, at the address and telephone number set out below.
B. If you are unhappy with any aspect of our service, please contact the company principal. Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.
C. Should you have exhausted the company complaints procedure please feel free to contact Consumer Direct at www.gov.uk/consumer-protection-rights or telephone 0845 404 0506