Terms & Conditions

Definitions

‘We’, ‘us’, ‘our’, ‘GKC’, ‘the company’ means Grappenhall Kitchen Company Limited.
The ‘Customer’, ‘You’ or ‘your’ means the person buying goods or services from GKC and signing the contract.
The ‘Contract’ or ‘Agreement’ means any contract for design, sale of goods or services by GKC to the customer.
The ‘Goods’ means any goods forming the subject of this contract, the kitchen furniture, appliances, bespoke wooden furniture and other items ordered by the Customer for supply, delivery and/or installation by the Company.

Acceptance of these terms

These Terms & Conditions are agreed as accepted by the customer, once the Contract Agreement has been signed by the customer.

Design

We use a computer aided design software system to produce a 3D design image. The intention is to provide a photo-realistic image of your finished project. Your project will be as close to this as possible although it is not an exact replica of the computer aided design image. If you are unsure of any aspect of the design, measurements or any technical or other aspect of the design, you should raise any query with us to enable us to have an opportunity to clarify any matter and/or amend your design if it is necessary to do so.

The design will be based on the style and colours you choose. Cabinets, work surfaces and appliances will be based on catalogue pictures/images. The shape, light and space in the room all influence the choice of colours/surfaces meaning each completed project may look slightly different.

The Final Design plan confirms what you are getting (i.e. furniture and appliances) and where it is located. The Final Design will supersede and replace all versions of provisional designs and all information, materials and requirements which you or we have previously communicated to each other. This will form part of your contract. The Final Design, as approved by you that it meets your requirements, will form the basis of any Fitting and/or Supply Services that we provide to you. When you agree and confirm the Final Design that will be completion by us of the Design Services.

Confirmation of order

Confirmation of your order will only be sent to our suppliers when all details have been agreed with GKC, the deposit has cleared in our bank account and the 14 day cancellation period has passed. You now have a legal binding agreement with GKC.
The only exceptions to this are written confirmation from you to start carrying out the services within the 14-day cancellation period or goods made especially for you.

Change Order Procedure

All order changes; design, product or location changes must be confirmed in writing by you to GKC, may incur fees and alteration to agreed dates for completion. You will be notified in writing if there are any additional charges. No addition or alteration will be valid unless agreed in writing by GKC.

Changing the Start Date
If you ask us to change the start date we will where reasonably possible agree a revised start date with you. We require a minimum of 10 working days prior to the start date of preparation work and/or the kitchen installation date (whichever is the earliest date) if you wish to alter the start date.

Sizes, quotes and confirmation of order

Quotations shall be deemed to be withdrawn unless a contract is agreed and signed within 60 days of the date of the quotation.

We will adhere to all measurements and sizes as reasonably practicable but we will not be liable for deviations from this which are not level, flat or plumb. All information provided to you by us will be in good faith and as accurate as possible.

It is up to the customer to ensure all sizes, shapes, and details on the quote are correct for what you need. GKC will not commence your order until you have confirmed your quotation is correct.

Colour accuracy of website products cannot be guaranteed due to the image reproduction process.

If an order is cancelled at any point by the customer, charges will be made for work undertaken to date. Immediate payment for outstanding monies will be requested.

Consumer Rights

Under the Consumer Contract Regulations you have the right to cancel your contract within 14 days of the contract being made. For any off the shelf product these rules apply. If the product has been delivered to you it must be returned in a good and resaleable condition at your expense. These rules and the right to cancel do not apply for any goods made specific to the customers requirements, for example kitchen doors or units. This is applicable also to work surfaces as they are all ordered specifically to the customers requirements, therefore there is no right of cancellation for any work surfaces.

All cancellations must be received in writing from the customer by e mail to Grappenhall Kitchen Company at grappenhallkitchens@gmail.com within 14 days of the contract being made.

Payment

All prices are exclusive of VAT, except where expressly stated otherwise.

Following the deposit, the outstanding balance for the kitchen furniture and appliances will be required 8 working days prior to the delivery date in the installation week. If the balance is not received by 12 midday 6 working days prior to the delivery date, GKC reserve the right to terminate the contract with immediate effect, cancelling the order with our suppliers. GKC will not be liable for any costs incurred by the Customer due to the cancellation of the order or termination of the contract. The Customer will also be liable for immediate payment for all work completed to date and all goods made specific for the customer.

If the customer chooses to delay delivery, the final balance is payable on the original agreed delivery dates as per the Installation Schedule details.

Payments are not to be withheld from GKC in the event of contractors (arranged by the customer) not yet having completed their work, i.e. tilers.

Delays to installation by the customer cannot be used to delay payment.

The fittings or products installed remain the property of GKC unless paid for in full, which includes the cost of all materials, labour and installation. For the avoidance of doubt, any amount, regardless of payment method will not be deemed to have been paid in full until the funds are showing in GKC’s bank account.

The Customer hereby agrees and authorises GKC, its sub contractors or tradesmen to allow access to the property, without any notice, to remove any products installed if payment of the total amount is not made in full.

We reserve the right to charge interest on any outstanding or overdue payments at 3%.

Supply only kitchens will require full payment at the point of ordering. It is the customers responsibility to check all items for damage on delivery and to inform the delivery driver of any immediate damages or GKC within 24 hrs. GKC will not be liable for any damages identified after this time period.

Events Outside of Our Control (Force Majeure)
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. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.

Delivery Dates and supply of services

GKC makes every effort to deliver goods as requested at the time the order was placed. For delays or conditions outside of our control we will not accept any liability for delivery outside a previous agreed time frame or date.

The customer cannot decline late delivery if we are unable to deliver on the agreed date or we have problems with manufacturers.

We recommend that if you are arranging independent tradesmen to carry out work that you do this only after goods have been delivered. We will not be responsible for any losses incurred for late delivery.

If goods are damaged during delivery, GKC will endeavour to repair or replace the items as soon as possible but cannot be held responsible for any further costs you may incur.

If there is any ‘on site’ delay caused by the customer or third party, GKC reserve the right to extend the preparation or installation time frame.

Items not delivered by a third party or the customer may result in additional charges if they are critical to the installation. GKC will not be liable for any inaccuracies that occur for the items not delivered and us having to work out of sequence to complete the rest of the installation.

We shall provide reasonable endeavours to meet the estimated timescales by us but these remain estimates only.

Goods

All goods ordered (by GKC) will be inspected for damages by GKC on delivery and made good, if necessary.

No claims for loss or damage can be made after this point as all goods are the responsibility of the customer. The only exception to this is the risk of damage to the goods caused by GKC during the installation which GKC will be liable for. Damage that is caused to goods after installation will be at the risk of the Customer.

We will not be held responsible for items that need disassembling and reassembling to gain access to the site.

GKC will not be held liable for any damage or loss caused by persons not associated with GKC, such as tradespersons employed by the customer.

Goods not ordered by GKC are the responsibility of the customer.

We will not be held responsible for installation of existing or second hand appliances if they do not function once installed.

Damages

No claims for damages can be made by the customer after installation, as installation of the goods/materials constitutes acceptance of the product in its current state.

Any work carried out on the work surfaces constitutes acceptance of the work surfaces. As work surfaces are custom made orders and not cancellable, you must make sure the information and materials provided by you (plan, design, sizes) and us (items listed in our quote) are correct prior to placing an order.

Instances where loss or damage has occurred, the customer must inform GKC exactly what the problem is and provide unrestricted access to review and rectify the situation.

The customer accepts that liability for damages does not extend beyond the repair if possible, or replacement if necessary, of the damaged product and adjacent products as far as it is reasonably practicable.

Natural products

Natural products (wood, quartz, granite, Silestone, Dekton) have colour variations and characteristics, such as knots (in wood) and we cannot guarantee the exact colour/shade/grain. These cannot be considered a flaw, fault or reason for complaint by the customer.

Installation

The Customer will provide access to the premises to any member of the Company, its contractors and tradesmen at all reasonable times so that GKC may complete the installation and/or supply in accordance with the contract.

The tradesmen recommended by GKC are not employed by us. The work will be quoted for in our design but they are responsible for their own work. They will be supervised by GKC.

We will make good any damage caused in the course of installation to the plaster, floor rendering, or brickwork immediately surrounding any area of the room but we do not undertake to replace specialised finishes such as artex, surrounding wallpaper or paintwork. When making good this work, we will attempt to match existing materials but we reserve the right to substitute other materials.

We accept no responsibility for any damage resulting from structural or other defects in the property at which the installation is being carried out.

Installation work may cease if it is identified or suspected there is a situation which may be hazardous to life or property. GKC reserves the right not to continue until the situation is made safe.

If GKC has supplied the goods only, GKC is not responsible or liable for any installation errors, poor workmanship or damage.

Any complaint or claim by the Customer for compensation for any damage or alleged damage by GKC, for which it may or may not be liable under these terms and conditions, must be made in writing to reach GKC within 7 days of completion of the installation/supply. If such complaint or claim is not received within 7 days, GKC will accept no liability whatsoever.

Remedial and additional work

Remedial or snagging work for completion of your kitchen/project is included in our service. Any further return visits may incur a cost.

Additional work requested by the customer, not on the initial quote, may take additional time and/or cost. Non completion of the additional work by the time of installation is not a reason to withhold payment.

The working week is Monday to Friday. If you require additional work to be completed Saturday, Sunday or Bank Holidays an additional charge may be required.

Our charges

If, for any reason, we are stopped from working on site by you without being allowed to immediately remove our tools and other personal property, we shall charge you our full day rate x the number of tradespersons working. This charge is per day, including weekends and bank holidays until all items have been returned. Our full day rate is £250 per tradesperson.

Intellectual Property Rights

All design right, copyright, patent rights and other intellectual property rights in all designs drawings, goods or documents produced or supplied by GKC shall be owned by GKC, even if they have been commissioned by the Customer. You may use any such items or information for the sole purpose of implementing our design for your kitchen but you may not copy, reproduce or communicate to any third party any such item or information or use it for any other purpose, without our prior written consent.

Any such rights in any such things produced, supplied or made available by the Customer shall remain the property of the Customer, and the Customer warrants its title to them by the Company, except as expressly disclosed in writing and agrees to indemnify the Company against any claims by third parties in respect of infringement of their intellectual property rights.

Any samples, design, descriptions or images on our website, brochures or other advertising are published for the sole purpose of providing an approximation of our services. They do not form any part of the contract.

Your privacy and personal information

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

Our Privacy Policy is available on our website www.grappenhallkitchens.uk

Website

The Company will attempt to ensure that the information available on the website at any time is accurate. However, the Company shall not be liable for any errors or omissions.

The Company will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.

The copyright in the material contained in the website and any trademarks and brands included in that material belongs to the Company or its licensors.

Limitation of liability

Nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer under local law or other statutory rights.

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 accept no responsibility for damage or breakage related to:
Other tradespersons not working directly with or recommended by GKC
Tradespersons employed directly by the customer
Access or thoroughfare to the kitchen area

Lack of storage space for items delivered which requires items to be moved or stacked by us.

Any attempt to modify/alter work completed previously or currently by other tradespersons unrelated to GKC.

GKC assumes that all information, measurements and facts that you provide are accurate and true and will not accept liability for any loss or damage where we reasonably perform our services in reliance on these. We will be responsible for any measurements we make or provide.

We are not liable for losses, costs, damages or expenses (direct or indirect) incurred by the customer or any third party if we do not meet any estimated installation dates.

GKC may withdraw at any time. If this occurs you will only request any monies paid by you to date to be returned. GKC will not be liable if you are required to pay an increased cost from a different supplier to purchase a similar kitchen/units.

There can be no claims for disruption to lifestyle.

Whilst we aim to provide the services to you according to the timetable specified in the Contract Agreement, dates and time frames for delivery for products and carrying out the Services are provided for guidance only and we do not guarantee that the services will be performed or completed by or within those or any other dates or time frames. For the purposes of the Contract Agreement, time shall not be of the essence and we will not be liable for any loss or damage you suffer as a result of the delivery of any of the Services being delayed or postponed for any reason.

Except to the extent permitted by law, GKC will not be liable to the Customer for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any negligence or breach of the contract on our part and we shall have no liability to pay any money to the Customer by way of compensation other than to refund to you the price you have paid to us

Guarantees

The kitchen furniture, doors, units, handles and hinges come with a guarantee.

Appliances supplied by GKC will have a manufacturer’s warranty which will be specific to the manufacturer and only valid once registered by the customer within the manufacturers specified time frame.

Cosentino Silestone and Dekton work surfaces come with a 25-year guarantee once the customer has registered the warranty online within the manufacturers specified time frame.

GKC will not be liable if the customer fails to register any warranties or guarantees.

The kitchen installation warranty is 2 years (provided you use our installation team).

If a defect occurs during the warranty period which is due to faulty workmanship by GKC, we will repair wherever possible, or replace the faulty item. We will not charge you for remedying problems under this section where the problems have been caused by us. We must be able to inspect the goods personally to check the workmanship. It is not sufficient to gain an opinion solely from the manufacturer or a Third Party who may not have the expertise on the product or installation.

GKC will not be liable for any alleged faults unless we have inspected the goods. If after inspection, the goods have been found to be defective due to the Customer’s own misuse, tampering or lack of maintenance during the warranty period, GKC will not be held liable.

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.

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 GKC provide, the following will apply.
We acknowledge that you may decide to appoint Third Party Contractors to carry out those additional services. It will be your decision as to whether to appoint any Third Party Contractor(s) and as to which Third Party Contractor(s) to appoint. We will not be involved in the appointment of such Third Party Contractors. If you choose to appoint a Third Party Contractor, the contract in that case will be between you and the Third Party Contractor. We will not be a party to that contract.
Where we are required to cooperate with any Third Party Contractor(s), 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 Contractor(s) 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 Contractor(s), we will have the right to charge you at our full day rate which is £250.00 x the number of tradespersons delayed for the length of time we are delayed by the Third Party Contractor(s) concerned.

You will be responsible to ensure that your builders / contractors adhere to the measurements and other material features covered by our survey report.

If your builders / contractors complete their works but they have not adhered to the measurements and other material features covered by our Final Design, there might as a result be material differences between the finished kitchen space and the details set out in our Final Design, in particular because walls / surfaces / floors / ceilings / doors / windows may have been unknown / not completed when we carried out the survey or took the measurements.

If there are any such material differences, the customer will bear any additional costs and expenses arising from them.

Disclaimers

Whilst every effort has been made to ensure that all descriptions of services and photographs of products/designs correspond to actual products or services supplied by GKC, Grappenhall Kitchen Company is not responsible for any variations from these descriptions.

For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office. 

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