For the purposes of this document, ‘you’ refers to the customer and ‘we’ or ‘us’ refers to  Kitchens by Dexter Limited. 

1. Initial Quote, Acceptance of Quote 

Once we have clarified your requirements and obtained all necessary details, we will prepare  a quotation and forward it to you by email. 

The quotation will set out the amount of the agreed price and the required deposit. Where  we are supplying, fitting and overseeing the project management of your kitchen installation, the deposit required will be 40% of the total. Where we are only supplying the  kitchen/products without installation, the deposit required will be 50% of the total. 

Upon payment of the deposit, a legally binding contract will have been created, for you to  pay the quoted price and for us to carry out the supply/installation as per our quotation. 

2. Quote/Deposit 

The quoted price will be valid for 30 days from the date it is created. 

The quoted price is inclusive of VAT. If the VAT rate changes before you accept the  quotation, we will adjust the amount of VAT that you pay. 

You must pay the deposit within this 30 days to guarantee the quoted price. Acceptance of a quote in writing will be of no effect until we receive the deposit in full. 

The deposit is non-refundable, unless the agreement is cancelled within the agreed 14 day  cooling off period, please see section 8. ‘Cancellation of Contract’ below. 

A fitting date can only be confirmed when we receive the deposit in full. 

3. Payment  

Where we are supplying, fitting and overseeing the project management of your kitchen installation, the quoted amount is split into three payments:  

• 1st payment – 40% of total amount, due when sale agreed and to secure a fitting  date. 

• 2nd payment– 40% of total amount, due on the day of cabinet delivery • 3rd payment – 20% of total amount, due when the project is completed satisfactorily 

Where we are supplying the kitchen only, the quoted amount is split into two payments:

• 1st payment – 50% of total amount, due when sale agreed 

• 2nd payment – 50% of total amount, due on the day of cabinet delivery 

If you do not pay an invoice by the due date, we may charge you interest on the overdue  sum at the rate of 2% above the base rate until payment is made in full. Interest will accrue  on a daily basis from the due date until the actual date of payment. This is to cover any  additional incurred costs to us from the result of a delayed payment.  

If you have promptly contacted us to dispute an invoice, or with good reason as for delay in  payment, in good faith, we will not charge interest whilst such a dispute is ongoing. 

Please note, where circumstances outside of our control have resulted in a delay to the  project being completed, we may request a part payment of the final amount, to cover  outgoings to that point. 

Please note that all products remain the property of Kitchens by Dexter Ltd until the initial  quoted amount has been paid in full. Should there be any dispute in payment and an  agreement cannot be reached, we reserve the right to remove any and all items from your  property. 

4. Services 

We will provide the services in accordance with the specification set out in the accepted  quotation and agreement (as amended in writing between you and us from time to time). 

We will ensure that the services are performed with reasonable care and skill and to a  reasonable standard which is consistent with best trade practice. 

We will ensure that we comply with all relevant codes of practice and statutory or regulatory  requirements. 

We will, at all times, hold a valid employer and public liability insurance policy and will hold  and keep up to date any and all licenses or permits as may be required in order to provide  the services. 

5. Supply Only Terms 

From time to time a customer may wish to purchase the products from us, for a third-party contractor to fit in their property, we call this ‘supply only’. 

Where we enter into a supply only agreement, we will work with you to design, plan and  quote for the project as per your requirements. 

The customer and/or their contractor should check the plans and detailed quotation  carefully prior to paying a deposit and are required to sign a copy of both to confirm they are  in agreement.

Any additional items needed during installation over and above the quoted products, will be  chargeable. Please note that delivery times will vary between items that are stocked or  bespoke/paint to order. 

A representative from Kitchens by Dexter will be present on delivery, to check that all items  on the agreed quotation have been delivered correctly. The customer is responsible for  checking all items and reporting any damages to us in writing within 24 hours. Photos of any  damages will be required. 

Delivery, worktop templating and fitting dates will be confirmed when a deposit has been  paid. Should the customer need to move any of the dates, we need to be informed in  writing at least 2 weeks prior to the agreed date. If we are not notified within this  timeframe, charges may be incurred. 

Fixtures and fittings required to fit the products are not provided by us (e.g. screws, nuts,  bolts, brackets etc). Please contact us for further clarification on this matter should you  need it. 

We pride ourselves on providing excellent customer service and will endeavour to support  your project where possible. However, when we enter a supply only contract, you are not  paying for a fitting service, including advice and support. Should you require additional  advice or support throughout your project, this will be a chargeable service. 

6. Problems/Guarantee 

In addition to any statutory rights which you may have, we guarantee that the work we carry  out and the materials and products that we supply as part of the services will be free from  materials defects or flaws for a guarantee period of 12 months following completion of the  services. 

If any such material defects or flaws appear during the above guarantee period of 12  months, we will rectify free of charge, unless the damage has been caused by the customer. 

We always use reasonable efforts to ensure that our provision of the services is trouble-free.  If however there is a problem with the services, we request that you inform us as soon as is  reasonably possible. We will use all reasonable efforts to remedy problems with the  services as quickly as is reasonably possible and practical. 

We will not charge you for remedying problems under this clause, where the problems have  been caused by us. If we determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, we may charge you for remedial  work. 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.

7. Your Obligations 

If any consents, licences, or other permissions are needed from any third parties such as  landlords, planning authorities, local authorities or similar, you are responsible for obtaining  them and you warrant that you have applied for and obtained all such consents, licences, or  other permission before we contract with you for the services. 

You may either supply a set of keys for the property or be present at the agreed times to  allow access. All keys entrusted to us will be kept safely and securely. 

8. 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 agreed by us, the following will apply: 

If you decide to appoint third-party contractors to carry out those additional services, it will  be your decision as to which third party contractors to appoint. 

Where we are required to cooperate with any third-party contractors, 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 contractors 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 contractors, we will have the right to charge you at our  normal hourly rate for the length of time we are delayed by the third-party contractors  concerned. 

If building works are being carried out to the property prior to the kitchen being fitted, and  the build specification is different to the design agreed or does not meet the quality required when kitchen installation commences, there may be additional costs to you. 

If the kitchen installation is taking place before other building works in the house are  complete, that could potentially incur damage to the kitchen, an agreement is required in  writing with yourselves to confirm that the installation can proceed and that we accept no  responsibility for any damage. Should additional protection be required (e.g. floor  protection), this will be chargeable to you. 

9. Start Date 

We will agree on a mutually workable start date for the project. 

Where you ask us to change the start date, we will where reasonably possible agree a  revised start date. If it is not possible to agree a revised start date, either you or we may  terminate the agreement.

If we ask you to change the start date, you may either agree a revised start date with us, or  you may terminate the agreement. 

10. Cancellation of Contract 

You have a statutory right to a ‘cooling off’ period. This period begins once the contract  between you and us has been made and in relation to services, it ends at the end of 14  calendar days after the date on which the agreement was made. 

If you wish to cancel the agreement within the cooling off period, you should inform us  immediately in writing. 

If you exercise the right to cancel within the cooling off period, you will receive a full refund  of any amount paid to us in respect of the agreement. 

You will not incur any fees as a result of the refund. 

We will process the refund due to you as a result of cancellation of services without undue  delay and in any case within the period of 14 days after the day on which we are informed of  the cancellation. 

An exception to the refund clause is where a job is due to start less than 14 days after the  deposit payment has been received. If labour has been booked and products have been  ordered, the cost of this will be deducted from any refund. 

In relation to products: 

If you exercise the right to cancel in relation to products: anything that has been ordered or  delivered will require payment or there may be an item restocking fee. If, where possible  items can be returned, we will refund any payments made. This right will not apply to  personalised or inseparably mixed goods. 

We will issue a refund no later than 14 calendar days after we receive the returned products, and the refund will include standard delivery charges. 

You must return the products to us, in their original packaging, within 14 calendar days of  the day on which you inform us that you wish to return the products. You must pay return shipment costs if products are returned under this clause. 

We may make a deduction from the refund for loss in value of any products supplied if the  loss is the result of unnecessary handling by you. 

11. Termination 

You may terminate the agreement with immediate effect by giving us written notice if: 

• We have breached the agreement in any material way and have failed to remedy that  breach within 14 days of you asking us in writing to do so.

• We enter into liquidation or have an administrator or receiver appointed over our  assets. 

• You and we have been unable to agree a revised start date. 

• We are unable to provide the services due to an event outside of our control. We may terminate the agreement with immediate effect by giving you written notice if: 

• You fail to make a payment on time as required. 

• You have breached the agreement in any material way and have failed to remedy  that breach within 14 days of us asking you in writing to do so. 

• You and we have been unable to agree a revised start date. 

• We have been unable to provide the services for more than 12 weeks due to an  event outside of our control. 

12. Events Outside of Our Control 

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. 

If any event occurs that is likely to adversely affect our performance of any of our obligations  under the agreement, we will inform you as soon as possible, our obligations under the  agreement will be suspended, you or we may terminate the contract. 

13. Liability and Consumer Rights 

As a “consumer” as defined by the Consumer Rights Act 2015, nothing in the agreement will  affect your consumer rights. For more details of your legal rights, please refer to your local  Citizens’ Advice Bureau or Trading Standard Office. 

We will be responsible for any foreseeable loss or damage that you may suffer because of our breach of the agreement, as a result of our negligence. We will not be responsible for  any loss or damage that is not foreseeable. 

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 provide services for domestic and private purposes only. We make no warranty or  representation that any services are fit for commercial purposes of any kind. We will not be  liable to you for any business interruption or losses. 

Whilst we aim to provide the services to you according to the timetable specified in the  agreement, dates and timeframes for delivery of products and carrying out the services are  for guidance only and we do not guarantee that the services will be performed or completed  within those timeframes. 

We will not be liable for any accommodation costs, cost of storage of furniture, or any other  expenses you incur from provision of the services. 

We will not be liable for any loss or damage you suffer which results from your failure to  follow any reasonable instructions given by us. 

Nothing in the agreement is intended to or will limit or exclude our liability for death or  personal injury caused by our negligence or for fraudulent misrepresentation. 

14. How We Use Your Personal Information (Data Protection) 

All personal information that we may use will be collected, processed, and held in  accordance with the provision set out under ‘The Data Protection Act 2018’ and we will at all  times, be registered with the Information Commissioner’s Office. 

Should we need to share your data for the purposes of completing the project, we will  inform you in writing. 

15. Other Important Terms 

We may transfer (assign) our obligations and rights under the agreement to a third party  (this may happen for example if we sell our business) If this occurs, we will inform you in  writing. Your rights under the Agreement will not be affected and our obligations under the  agreement will be transferred to the third party who will remain bound by them.  

You may not transfer (assign) your obligation and rights under the agreement without our  express written permission (such permission not to be unreasonably withheld) 

The agreement is between you and us. It is not intended to benefit any other person or third  party in any way and no such person or party will be entitled to enforce any provision of the  agreement.  

16. Law and Jurisdiction 

These terms and conditions, the contract and the relationship between you and us shall be  governed by and construed in accordance with the law of England and Wales. 

Any dispute, controversy, proceedings or claim between you and us relating to these terms  and conditions, the contract, or the relationship between you and us, shall be subject to the  jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by  your residency.

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