TERMS AND CONDITIONS OF Thomas Matthew Kitchens LTD

The Company referred to in these T&C is Thomas Matthew Kitchens Ltd

1. By signing this agreement, we have both entered into a legally binding agreement by which we agree to supply and fit the goods specified on this order form, and you agree to pay the total price specified on this order form, subject to the terms set out below.
2. You acknowledge that you have carefully checked the floor plan and drawings on this order form and acknowledge that only the units and accessories specified on the drawings will be supplied by us.
3. You acknowledge that the drawings are not precise scale drawings and that we may make reasonable amendments to the dimensions. Variation of Drawings – in the survey process we aim to ensure that the goods you have ordered fit in your room. Occasionally there may be alterations to the original drawings which may result in the order value being amended. You will be notified of any amendments before you become responsible for them. PLEASE NOTE that any new drawing(s) you sign for will replace any you have already agreed and will become the drawing(s) we will deliver and fit to.
4. You agree to let our surveying department check the order to make sure that it is viable. We will notify you of the planned fit date after we have carried out the survey. In the unlikely event that our surveying department discovers that we cannot go ahead with this contract, we shall tell you why, in writing within 21 days of you signing and at the same time we shall return to you the value of any deposit which you have paid and after that neither of us will have any liability to the other. ** Before signing please read carefully these terms and those below/overleaf and ask our designer for an explanation of anything you do not fully understand.

TERMS

1. Definitions

“you” means the person signing below/overleaf (and if more than one, both or all of you: your obligations being as individuals and together);

“us” and “we” means Thomas Matthew Ltd;

“the goods” means the items specified above/overleaf;

“the site” means the place where the goods are to be fitted (as specified above/overleaf);

“the fitter” means the person who will fit the goods.

2. PLEASE READ THIS CONTRACT CAREFULLY AS WE WILL RELY ON THE TERMS SET OUT HERE AND ABOVE/OVERLEAF AND NEITHER WE NOR YOU CAN ALTER THEM WITHOUT THE AGREEMENT OF THE OTHER.
3. We agree to supply and fit the goods at the site, unless it is stated otherwise above/overleaf. If the supply or fitting of the goods is delayed by any circumstances beyond our reasonable control, we will let you know and arrange an alternative date with you.
4. We cannot be held liable for delay or failure to complete the works caused by events beyond our reasonable control, in those cases we will complete the works as soon as reasonably possible.
5. If we have agreed with you to arrange for the goods to be fitted, the following applies: i) you agree: a) to make sure that the fitter has access to the site at reasonable times (between 8.00am and 4.30pm on weekdays) or otherwise as agreed by you and us; b) removal of existing furniture and carpets have been carried out to a good workman-like standard prior to the fitting date;

c) to make sure that the fitter can use the mains electricity supply from a standard 13A 240V socket free of charge, and that the supply is installed to the usual standards in force at the time;

d) that you will not make any material alterations in the rooms to be fitted, and that in particular you have not installed, relocated or removed any fixed items that you have not told us about before we entered into the contract;

e) that you have permission to use any plans or drawings you supply to us;

f) to provide reasonable access to the room to be fitted (ladder access is not acceptable) to clear the room to provide sufficient working space for the fitter, and co-operate in reducing health and safety risks to an acceptable level.

g) if you wish to cancel or postpone your fitting date within 21 working days of the due date, we will incur costs and any such cancellation or postponement may be subject to an admin and storage fee of £150.

ii) You confirm that you have told us of any particular features which you know about the site or its construction which may make the installation more difficult than we might reasonably expect. In particular, you acknowledge that you have checked the walls are sound.

iii) You are advised not to decorate rooms prior to installation in order to avoid minor incidental damage caused during installation.

6. Unless we have specifically mentioned otherwise, VAT has been included in all our fees and charges at the applicable rate.
7. i) We may make improvements to the specifications of the goods (or minor cosmetic changes) or their installation before completion of the installation.

We will not make any significant changes without your agreement.

Changes to the order after survey, if we agree to make at your request, will result in a charge of £150 for administration plus cost of the goods involved and possibly a delay in the planned fit date.

ii) All our wood products are of a satisfactory quality although as wood is a natural product it can vary in grain or colour.

iii) For installation and safety purposes there may be a join in any material over 1,500mm.

8. i) You have the right to cancel this contract within 15 days without giving any reason.

ii) The cancellation period will expire 15 days after the day on which you signed the contract with us.

iii) To exercise the right to cancel, you must inform us (Thomas Matthew Kitchens, 4 allen’s lane, Poole, Dorset, Bh16 5DA, info@thomasmatthewkitchens.co.uk) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).

iv) To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

v) If you cancel this contract within the cancellation period, we will reimburse to you all payments received from you apart first part payment, which cover design We created for you and administration fees.

vi) We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

vii) We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement.

9. If you ask to cancel the contract after expiry of the cancellation period, we will consider agreeing but we estimate that we will incur the following costs, and cancellation will be subject to you paying the following charges within 7 days of us notifying you of the accepted cancellation:

i) prior to commencement of the manufacture of the goods but after the survey, £150;

ii) if we have started manufacturing the goods, up to 50% of the contract price;

iii) if we have completed manufacture of the goods, up to 75% of the contract price;

iv) any sum remaining unpaid after the date it became due will attract interest at a rate of 3% above the base rate of National Westminster Bank plc

10. The legal ownership of the goods will not pass to you until you have paid all of the money you owe us whether under this agreement or otherwise. You are responsible for the goods as soon as they are delivered to the site and we advise you to check your household insurance to ensure that you are covered.
11. This contract will end if you become bankrupt or otherwise insolvent, or make any arrangement with people you owe money to, in which case we will only carry out work we have started and which has been paid for.
12. We guarantee goods, that we have supplied, against defects in manufacturing for 10 years after the completion of the work.

AS A CONSUMER YOU HAVE STATUTORY PROTECTION REGARDING FAULTY OR MISDESCRIBED GOODS OR INADEQUATE SERVICES SUCH

AS INSTALLATION. THESE TERMS DO NOT AFFECT THOSE RIGHTS.

13. This agreement is made under English law.
14. Payment Terms- unless you have taken up a Personal Finance Loan.

First part payment 70% of total price with order. (70% for kitchen furniture)

Second part payment 20% of total price upon starting to fit

Final payment 10% of total price on the day of completion.

If the payment terms are not met the goods will not be sent to you. If you have not decided on the exact specification of the order prior to installation such as colour choice of upholstery, you must still comply with the payment terms agreed at the time of placing the order.

Registered office: Thomas Matthew Kitchens, 4 Allen’s Lane, Poole, Dorset, bh16 5da