1.1 The definitions in this clause apply to these Terms: “Contractor” means our approved kitchen and/or bedroom installer and their nominated operatives; “Goods” means the products that we are selling to you as set out in the Order; “Order” means your order for the Goods and/or Services; “Services” means the dry fit installation services that we are providing to you as set out in the Order; “Terms” means the terms and conditions set out in this document; “We”, “us” or “our” is a reference to John Lewis of Hungerford plc (registered in England under number 1317377 whose registered office is Grove Technology Park, Downsview Road, Wantage, Oxfordshire OX12 9FA); “Writing” includes faxes and e-mail; “You” or “your” is a reference to the person to whom we are supplying the Goods and/or Services and who is required to pay for the Goods and/or Services we supply.
1.2 The headings in these Terms are for convenience only and shall not affect their interpretation.
1.3 Any reference in these Terms to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
2.1 We consider that these Terms, the Order and our price list set out the whole agreement between you and us for the sale and supply of the Goods and/or Services. Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the contract. If you think that there is a mistake or omission in these documents, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. Any changes to the specification of the Goods and/or Services or other variation to the Terms or Order that you agree with our authorised employees and agents will only be binding if recorded in writing. Please ensure that you read and understand these Terms before you sign the Order, because you will be bound by them once a contract comes into existence between us in accordance with clause 2.5.
2.2 Any samples, drawings, or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, or on our website, are produced solely to provide you with an approximate idea of the Goods and Services they describe.
2.3 If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.
2.4 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.5 These Terms shall become binding on you and us when: (a) we issue you with written acceptance of an Order or ask you to sign the Order confirmation (“the Confirmation of Order”); (b) we notify you that the Goods are ready; or (c) we notify you that we are able to provide the Services; whichever is the earlier, at which point a contract shall come into existence between us.
2.6 Any quotation for the Goods and/or Services is given on the basis that a binding contract shall only come into existence in accordance with clause 2.5. A quotation shall be valid for a period of 28 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
2.7 We shall assign an order number to the Order and inform you of it in the Confirmation of Order. Please quote your full name and the order number in all subsequent correspondence with us relating to the Order.
2.8 You may within 14 calendar days of signing the Confirmation of Order amend or cancel an Order by providing us with written notice. If you amend or cancel an Order, your liability to us shall be limited to payment to us of all costs (including the cost of all labour and materials used) we have reasonably incurred in fulfilling the Order until we receive your amendment or cancellation, except that where the amendment or cancellation results from our failure to comply with these Terms you shall have no liability to us for it.
2.9 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in manufacture, changes in payment methods and changes in relevant laws and regulatory requirements. You will be subject to the policies and terms in force at the time that you order the Goods and/or Services from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
3.1 Goods – We warrant that on delivery, and for a period of 12 months from the date of delivery, the Goods shall: (a) conform in all material respects with their description (subject to any qualification or representation contained in our brochures, advertisements or any other documents); (b) be of satisfactory quality; (c) be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods; (d) be free from material defects in design, material and workmanship; and (e) comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom. In addition, we provide the following guarantee for all cabinets supplied and installed by us: we guarantee that the cabinets will be free from material defects for 10 years from the date of delivery. However, this guarantee does not apply in the circumstances described in clause 3.4 and clause 3.5.
3.2 Services – We guaranty that we will carry out the Services, where ordered, with reasonable care and skill and that the Services will be free from material defects resulting from faulty workmanship for a period of 10 years from the date of completion as detailed in the Completion Statement (see clause 8). However, this guarantee does not apply in the circumstances described in clause 3.4 and clause 3.6.
3.3 The warranties and guarantees in this clause 3 are in addition to your legal rights in relation to Goods (which are faulty) or Services (which are not carried out with reasonable skill and care) or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or trading standards office.
3.4 The warranties and guarantees in this clause 3 do not apply to any defect or fault in relation to the Goods or Services arising from: (a) fair wear and tear; (b) wilful damage or abuse, abnormal storage or working conditions, accident, negligence by you or any third party; (c) if you use the Goods in a way that we do not recommend or your failure to follow our instructions; (d) improper maintenance of the Goods or any alteration, repair or modification you or any third party carry out without our prior written approval; (e) any general maintenance required as part of a normal installation (e.g. keeping painted surfaces clean and dry, ongoing oiling and sanding of solid wood worktops, periodic adjustment of doors, hinges, drawers and other internal components and tightening of maintainable parts etc.); or (f) any private works agreed with the Contractor or any third party direct (whether relating to the installation of the Goods or otherwise).
3.5 The 10 year cabinet guarantee in clause 3.1 does not extend to any other Goods or any externally sourced parts (e.g. appliances, accessories, taps, work surfaces etc).
3.6 The 10 year workmanship guarantee in clause 3.2 is limited to defects resulting from faulty workmanship only and does not extend to defects in the Goods themselves.
3.7 We will take all reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition.
3.8 These Terms apply to any repaired or replacement Goods and/or Services we supply to you in the unlikely event that the original Goods or Services are faulty or do not otherwise conform with these Terms.
4.1 Delivery of the Order shall be completed when we deliver the Goods to you or when you collect them from us (as the case may be).
4.2 We will take reasonable steps to meet the delivery date set out in the Confirmation of Order or as otherwise agreed between us in writing. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
4.3 If you fail to take delivery of an Order or fail to give us adequate delivery instructions, then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control: (a) we will store the Goods until delivery takes place and may charge you a reasonable sum to cover expenses and insurance; and (b) we shall have no liability to you for late delivery.
4.4 If you have not taken delivery of the Goods within two weeks of the date set out in the Confirmation of Order, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the Goods or charge you for any shortfall below their price.
4.5 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the Order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
5.1 In the event that you wish to order the Services from us, it is our policy to insist on a pre-installation survey (“the Pre-Installation Survey”) to be carried out by the Contractor prior to the Order. We may make a small charge at this stage to cover our reasonable costs in carrying out the Pre-Installation Survey. This charge will be payable whether or not we subsequently provide the Services. In the event that an Order is processed without a Pre-Installation Survey and arrangements made for the Services to be carried out on the basis of measurements or specifications submitted by you, we shall not be held responsible for the accuracy of those measurements or specifications, or any consequence of their inaccuracy, and we may make an additional charge to cover any extra work or additional Goods that are required.
5.2 The Pre-Installation Survey is required so that we (or the Contractor on our behalf) can: (a) confirm the dimensions of the room; (b) provide a quotation for any Supplementary Services (see clause 6); (c) provide an indication of the likely duration of the Services (see clause 7); and (d) confirm the price of the Goods and Services to be provided (see clause 11).
6.1 The Contractor will, if required, offer a range of supplementary services (“the Supplementary Services”) direct to you at the Pre-installation Survey which may include (among others): gas and electrical installation and connection; plumbing; wall and floor tiling; and general building work. The Contractor will supply written details of any agreed Supplementary Services to you prior to the commencement of the Services.
6.2 The Supplementary Services offered by the Contractor will form part of a separate agreement between you and the Contractor and as such will not form part of the Order or contract with us.
7.1 We will supply the Services to you from the date set out in the Confirmation of Order or as otherwise agreed between us in writing (“the Installation Start Date”).
7.2 The Contractor will notify you of the approximate duration required for carrying out the Services at the Pre-Installation Survey. The duration of the Services will be calculated in approximate concurrent days (Note: the Contractor’s normal hours of operation are 8:00am to 4:00pm, Monday to Friday, excluding public holidays).
7.3 We will make every effort to complete the Services on time but there may be delays due to circumstances beyond our control. In this case the Contractor will inform you of the delay at the earliest possible opportunity and will complete the Services as soon as reasonably possible.
7.4 We may have to suspend the Services if we have to deal with technical problems, or to make improvements to the Services. The Contractor will let you know in advance where this occurs, unless the problem is urgent or an emergency.
7.5 We will make every effort to accommodate a revised start date in the event that you wish to delay the Installation Start Date for any reason, however we cannot guarantee that a revised start date will suit your needs (Note: The Contractor works on an average 8-week lead time).
7.6 You must provide us, in sufficient time, with any information, measurements and instructions relating to the Services that is or are necessary to enable us to provide the Services in accordance with these Terms. If you do not, or you provide us with incomplete, incorrect or inaccurate information, measurements or instructions, we may make an additional charge of a reasonable sum to cover any extra work that is required.
7.7 We advise you that the immediate environment where the Services are being carried out may contain hazards to heath despite every effort made by the Contractor. We strongly advise you to make alternative arrangements in terms of food preparation and general dwelling during the period in which the Services are carried out.
7.8 Every effort will be made to leave you with heating & electricity in the rest of the dwelling (excluding the installation environment), in addition to drinking water facility. We however advise that this may not always be possible and would encourage you to seek alternative solutions, especially if the household contains young, older or vulnerable inhabitants.
7.9 We operate and hold the following policies and documents, details of which can be obtained from us upon written request: (a) Health & Safety policy; (b) Risk Assessment document; and (c) Method Statement document.
8.1 On completion of the Services the Contractor will undertake a familiarisation tour of the new installation with you. Each element of the new installation will be explored with you and will include the handover of appliance and product guides (where applicable), together with a brief overview of the workmanship. The Contractor will ask you to sign a certificate (“the Completion Certificate”) to confirm that the familiarisation tour has been completed and your overall satisfaction with the finished workmanship. The Completion Certificate will form part of your workmanship guarantee set out in clause 3.2, but this will not affect your legal rights in relation to the Goods and/or Services. If you are unsatisfied in any way with the standard of the finished workmanship, then we would request that you do not sign the Completion Certificate.
8.2 In the event that satisfaction is not met for any reason, then please refer to clause 14 of these Terms.
9.1 In the unlikely event that the Goods and/or Services do not conform with these Terms, please let us know as soon as possible after delivery of the Goods or after we have carried out the Services. Once we have checked that the Goods and/or Services are faulty, we will: (a) provide you with a full or partial refund, depending on what is reasonable; (b) replace or repair the Goods; or (c) re-perform the Services.
9.2 These Terms will apply to any repaired or replacement Goods we supply to you.
10.1 The Goods will be your responsibility from the time of delivery or from when you collect the Goods from us (as the case may be).
10.2 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods and/or Services, including delivery charges.
11.1 The price of the Goods and/or Services will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation has expired, in our price list in force at the time we ask you to sign the Confirmation of Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.
11.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods and/or Services in full before the change in the rate of VAT takes effect.
11.3 These prices exclude delivery costs, which will be added to the total amount due as set out in the Confirmation of Order.
11.4 Subject to clause 11.5, the price of the Services (where applicable) includes: (a) connection of the Goods to existing, compliant services, within 1 meter of the installed position (i.e. gas, electric, plumbing and waste); and (b) a waste removal charge for kitchen installations only (“the Waste Removal Charge”) The Waste Removal Charge refers to any waste generated from the kitchen installation, and the old kitchen if applicable, and does not include the removal and disposal of any product covered by the UK Waste Electrical and Electronic Equipment (WEEE) Regulations (e.g. electrical items, including but not limited to, ovens, microwaves, fridges and freezers) (Note: as the householder, you are responsible for disposing of these items via your Local Authority).
11.5 Due to the nature of bedroom installations, waste removal of existing bedroom furniture is not included within the price of the Services. We do offer a waste removal service for existing bedroom furniture, details and costing for which can be agreed with the designer before the Order is placed.
11.6 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the correct price of the Goods is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the correct price of the Goods is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject the Order and tell you.
11.7 On the initial Order you will be required to pay a deposit of 50% of the price (inclusive of VAT) for the Goods and/or Services. A second instalment being the balance of the price outstanding for the Goods and/or Services shall be payable 14 days prior to the delivery date set out in the Confirmation of Order.
11.8 If you do not make any payment due to us by the due date for payment (as set out in clause 11.7), we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
11.9 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of the Services or any other outstanding Order until you have paid the outstanding amounts.
12.1 Subject to clause 12.2 and clause 12.3, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
12.2 Subject to clause 12.3, neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories: (a) loss of income or revenue; (b) loss of profit; (c) loss of business; (d) loss of anticipated savings; (e) loss of data; or (f) any waste of time. However, this clause 12.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
12.3 Nothing in this agreement excludes or limits in any way our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; (d) defective products or losses for which it is prohibited to limit liability under the Consumer Protection Act 1987; or (e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
Unforeseen circumstance and events outside our control
13.1 We will make every effort to identify any potential issues that may affect the performance of the Services at the Pre-Installation Survey.
13.2 Any issue arising during the performance of the Services will be communicated to you (in writing where possible) by us or the Contractor as soon practical.
13.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (“a Force Majeure Event”).
13.4 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following: (a) strikes, lock-outs or other industrial action or trade disputes; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) Acts of God, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) import or export regulations or embargoes; (e) difficulties in obtaining raw materials, labour, fuel, parts or machinery; (f) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (g) impossibility of the use of public or private telecommunications networks; (h) power failure or breakdown in machinery; (i) pandemic or epidemic; or (j) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any government, parliamentary or local authority.
13.5 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
14.1 In the event that you are unsatisfied with any element of the Goods and/or Services (including any complaint relating to the conduct of the Contractor), please contact us as soon as practical.
14.2 It is our obligation to resolve any complaint in a reasonable time frame. We (and the Contractor) are members of The Institute of Kitchen, Bedroom & Bathroom Installers (“the BiKBBI”) and as such agree to work by industry approved standards and guidelines. In the event of a dispute, the BiKBBI can adjudicate, and will be nominated by us to provide an independent report to support a fair resolution.
14.3 If you remain unhappy with our final response, you may be entitled to refer your complaint to The Furniture Ombudsman and we are bound to follow any decision that they make. To find out more about The Furniture Ombudsman and how you might be able to use their dispute resolution service visit www.thefurnitureombudsman.org or telephone 0845 653 2064.
15.1 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
16.1 All notices sent by you to us must be sent to our registered office (as set out in clause 1.1) or to our principal place of business. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
17.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
17.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
17.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
17.4 These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.
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I really love making people's kitchen dreams become a reality and seeing how happy they are once the kitchen install is all finished.