Terms & Conditions

Hyde Parks Kitchens and Bathrooms Limited Customer Terms and Conditions

Definitions

In these conditions the following words shall have the following meanings:

The “Buyer” shall mean the company, firm, consumer or person seeking to purchase the Goods from the Company.

The “Company” shall mean Hyde Park Bathrooms Ltd.

The “Contract” any contract for Goods or Services made between the Company and the Buyer.

The “Goods” shall mean the products, articles or things to be sold by the Company.

The “Services” shall mean any services provided by the Company to the Buyer (whether or not the Buyer shall purchase Goods or not).

Pricing

Any price quoted by the Company is based upon current prices ruling as at the date appearing on the quotation, but the actual price charged to the Buyer under the Contract shall be based upon such ruling price (less any discount allowed by the Company) current as at the date of order and shall include the cost of shortage and insurance (if any).

Payment

The Company shall not be obliged to make delivery until the Company received payment in full in cleared funds. Trade Buyers with credit facilities with the Company shall, unless otherwise agreed in writing, pay in full within 30 days of the date of the invoice. Payment on time is of the essence of the contract. The Company reserves the right to charge interest on debts at a rate of 8% above the Bank of England base rate, on any debts not settled after 30 days past due. The Company reserves the right to suspend the provision of Goods to the Buyer where any amounts are overdue under any contract with the Buyer until such amounts have been paid. The Buyer shall pay without set-off, counterclaim, deduction or withholding every amount due to the Company. Any extension of credit allowed to the Buyer may be changed or withdrawn at any time. Notwithstanding any purported contrary appropriation by the Buyer payments made by the Buyer to the Company shall be appropriated first to any Goods that have been resold by the Buyer and then to Goods that remain in the possession or under the control of the Buyer. All special items must be paid for 100% in full before the Company will commit to ordering these on behalf of the Buyer.

Delivery

The costs of delivery and installation (if applicable) will be as notified to the Buyer by the Company during the order process.

The Company shall make delivery and installation (if applicable) as soon as possible. The Company will contact the Buyer with an estimated delivery and installation date.

The Buyer is to ensure they have appropriate personnel on site to accept and off load deliveries. The Company has a tailboard kerbside delivery service and where possible these will be delivered to the Buyer’s site address if the Companies vehicle can park without contravening any parking restrictions or Health & Safety Regulations. The Company’s insurance coverage stipulates that they cannot deliver goods into the Buyer’s premises. It is the Buyer’s responsibility to ensure that adequate and competent assistance is available to off-load the item(s) being delivered. If the Buyer refuses or fails to take delivery of the Goods tendered in accordance with the order acceptance form or fails to take any action necessary on its part for delivery and/or shipment of the Goods, the Company is entitled to terminate the contract with immediate effect; to dispose of the Goods as the Company may determine, and to recover from the Buyer any loss and additional costs incurred as a result of such refusal or failure (including, without limitation, storage costs from the date of delivery). The Buyer agrees to accept delivery within three months of the order being fully available. In the event of the Buyer not accepting the goods within this period, the Company reserves the right to charge storage and insurance of the goods at the rate of 5% of the total order value per month or part thereof.

If delivery of the Goods is delayed by an event outside the Company’s control then the Company will contact the Buyer as soon as possible to let the Buyer know and the Company will take steps to minimise the effect of the delay. Provided the Company do this the Company will not be liable for delays caused by the event, but if there is a risk of substantial delay the Buyer may contact the Company to end the contract and receive a refund for any Goods the Buyer have paid for but not received.

Any time or date stated on a quotation or order, or given verbally, is given as an estimate only by the Company. Buyers are advised to only commit to an installation schedule once the goods have been received and checked. The Company shall not be liable for any costs or other losses incurred by the Buyer, their agents or any other third party due to an installation schedule committed to by the Buyer prior to the goods being received and checked.

The Company shall have no liability whatsoever for any failure to perform, or any delay in the performance of any of its obligations under the Contract arising wholly or in part by reason of any factor beyond its direct control, such as the availability of goods from third parties.

The Company shall be entitled to make partial deliveries or deliveries by instalments. Each instalment shall be a separate agreement to which all the provisions of these conditions shall apply. Signature of any note by an agent, employee or representative of the Buyer shall be conclusive proof of delivery. The Buyer or their agent will inspect the goods upon delivery and immediately advise the Company of any discrepancies or damage for investigation. No claims for shortages or damages will be entertained once the driver or carrier has left. The Company will not accept back any ceramics or baths after delivery. Quantities of goods supplied should be confirmed at point of delivery; subsequent claims for shortages will not be accepted. Risk of loss or damage to the Goods passes to the Buyer when the Goods are accepted by the Buyer, the Buyer’s representative or agent.

Risk and Title

All Goods remain the property of the Company until such time as they are paid for in full. The Goods shall be the responsibility of the Buyer and at the Buyer’s risk from delivery.

For the purposes of these Terms, “delivery” is completed on the completion of unloading the Goods at the delivery location specified on the order acceptance form.

From the time of delivery until property in the Goods passes to the Buyer in accordance with these Terms the Buyer shall insure for their full value with a reputable insurance office. Upon request, the Buyer shall use reasonable endeavours to have the Company’s interest in the Goods noted on the insurance policy. Until property in the Goods passes to the Buyer the Buyer shall hold the proceeds of any claim on the insurance policy on trust for the Company and shall immediately account to the Company with the proceeds. Until property in the Goods has passed, the Buyer is in possession of the Goods in a fiduciary capacity and shall not part with possession of the Goods; take proper care of the Goods and take all reasonable steps to prevent any damage or deterioration of them; and keep the Goods free from any charge, lien or other encumbrance and store the Goods in such a way as to show clearly that they belong to the Company. The Company reserves the right to repossess and resell any of the Goods to which it has retained title. The Company’s consent to the Buyer’s possession of the Goods and any right the Buyer may have to possession of the Goods shall in any event cease upon the Buyer becoming insolvent.

Warranty and Liability

The Buyer agrees to check the goods on receipt and inform the Company of any defects within 48 hours of delivery.

Any goods that are incorrectly delivered by the Company to the Buyer have to be returned in resaleable condition, unused and in original packaging.

If there are any obvious defects to the goods at the time of delivery The Buyer agrees to note this on the Proof of Delivery slip at the time of delivery. If, after the goods have been fitted, The Buyer finds a fault, the Company reserves the right to request the manufacturer or a registered engineer to contact The Buyer or make a house visit to confirm the fault.

If the goods are faulty the Buyer may return the goods free of charge by calling the Company’s sales office. On no account must the goods be returned directly to the Company’s delivery depot without the Company instructions. If the Buyer returns any goods directly to the Company’s warehouse, no refund will be given.

The Company shall endeavor to transfer to the Buyer the benefit of any manufacturer’s guarantee given to the Company.

If the Company arranges for any goods to be repaired, the Buyer also has to provide a copy of the invoice which relates to the goods. Failure to show that the Buyer has purchased the goods from the Company may result in the repair becoming chargeable. (If a repair is chargeable, the Company will tell you in advance.) Repair turnaround time is dependent on the relevant manufacturer’s current workload. The Company will not accept any claims for losses the Buyer suffers during this time.

If a fault is caused to the goods by accident, misuse or negligence, or it occurs outside the warranty period, it will not be covered by the manufacturer’s warranty. Service estimates for an item not covered by the manufacturer’s warranty will be chargeable. An estimate will be emailed (or sent to the Buyer by post if the Company do not have an email address for the Buyer) and confirmation of acceptance is required within 10 days. Where such acceptance is not received the goods will be returned not repaired and a charge may be payable.

The liability of the Company is also subject to compliance by the Buyer with all the terms contained in this contract.

The Company shall, in relation to the Goods and Services, have no obligation to the Buyer, other than the express obligations contained in these conditions or in any other document expressly incorporated in writing into the Contract. Accordingly, it shall be for the Buyer to insure against any liability arising from the performance of the Services and from its use of the Goods.

Although the Company offers comprehensive advice on the goods supplied, the Company shall not be held liable for the suitability of goods, as full installation details cannot be determined at point of sale. All goods purchased for installation should be confirmed to be suitable by the Buyer and/or the Buyer’s installer or agent.

Ceramic tiles and natural stone colours can vary considerably over a period of time. Samples are therefore for general guidance and are not necessarily identical to current stock. If the Company supplies the Buyer with samples or illustrations, whether physically, in a catalogue or electronically please note these are meant only as examples and are limited to media reprinting of true colour or electronic media capabilities.

Colour shades of the same tile can vary from size to size and from batch to batch due to the manufacturing process. The Company are therefore not liable for any of these variations. Repeat or subsequent orders can therefore not be guaranteed to be the same size, calibration or colour shade.

It is the Buyer’s responsibility to inspect all tiles once on site for suitability and colour representation in comparison to any samples they may have seen in the Company’s showroom or warehouse.

If the Buyer believes that the Company has delivered goods, which are incorrect or defective in material or workmanship, the Buyer must:-

  1. not use the tiles in any way: and
  2. inform the Company (in writing), with full details, as soon as possible; and
  3. allow the Company to investigate (the Company may need access to your premises and product samples).

If tiles have been adhered to walls or floors in any way the Company will not be in a position to enter into discussions with you regarding any of the above and use of a batch of tiles deems your acceptance of those tiles.

Cancellations by the Buyer

There are two groups of products supplied by the Company. Stock products, defined as: – all products currently held in stock. Non stock products, defined as ‘Specials': any product that is not held in stock. Special products cannot be cancelled or returned and will be charged for in full.

Cancellation Charges                                                    Stock Products                                      Non Stock Products

Prior to delivery                                                                   No charge                                               Not cancellable

After delivery, in original (unopened) wrapping            Collection & 25% admin charge            Not cancellable

After delivery, opened packaging                                       Not cancellable                                     Not cancellable

Goods supplied without packaging must be in a re-saleable condition. Refunds will not be made for goods that show signs of attempted installation, whether or not in original packaging.

Disclaimer

Any drawings/sketch/information provided by the Company whether verbal or written is given as guidance only. Although the Company have made every effort to display colours accurately, the Company cannot guarantee that a device’s display of colours or the printed pictures in the Company’s brochure accurately reflects the colour of the Goods. The Buyer’s Goods may vary slightly from those images.

Design Work

Any fees paid by the Buyer for design work by the Company are non refundable once the design work has been undertaken. At the discretion of the Company part or the entire design fee paid by the Buyer may be credited towards an order if all the products included in the design are purchased by the Buyer.

Applicable Law

The order to which these Terms relates is subject to the laws of England and Wales and any question arising in connection therewith shall be subject to the exclusive jurisdiction of the English Courts.

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