For the purpose of these terms and conditions:
'The Company' refers to J2 Design Concepts Limited
'The Customer' means the person, organization or firm placing an order with the Company
'The Goods' means the kitchen, bathroom and bedroom furniture, appliances, sanitary ware and other items ordered by the purchaser for supply, delivery and/or installation by the Company
'The Operative' shall mean the representative appointed by the Company
All the terms and conditions between the Company and the Customer are contained in this contract. Acceptance of an order by the Company is conditional on the purchasers' unqualified acceptance of these terms and conditions. The contract is binding on both parties.
The Company will act diligently and in accordance with technical and professional standards acting responsibly and exercising due care and skill when carrying out works and respecting the confidentiality of information.
The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to supply goods and carry out works for the Customer those works shall be undertaken by the designated Operative at its absolute discretion. The Company reserves the right to cancel this contract if upon receipt of Goods or Operative working details the Company considers that Customer satisfaction is not likely to be received.
All quotations are given, contracts entered into and accepted free of all liability for non-fulfillment caused by circumstances beyond the Company's control including acts of God, Government, fire, accidents or other similar cause.
All goods and work shall be given as a firm cost ( manifest errors exempted). Costs are plus VAT at the prevailing rate.
Where a written quotation has been supplied to the Customer the total charge to the Customer referred to in the quotation maybe revised in the following circumstances: if after submission of the quotation the Customer instructs the Company to carry out additional works not referred to in the quotation; if after submission of the quotation there is a significant increase in the price of materials; if after submission of the quotation it is discovered that further works need to be carried out which were not anticipated when the quotation was prepared; if after submission of the quotation it is discovered that there was a manifest error when the estimate was prepared.
The Company shall only be bound (subject as hereinafter) by quotations given in writing to the customer and signed by a duly authorized representative of the Company. The Company shall not be bound by any quotations given orally or in which manifest errors occur.
The Company endeavours that the goods supplied, delivered or installed shall correspond with any sample, example or model and the provision on any description or illustration to Customers or prospective Customers is intended to provide them with a contractual specification of the goods and services to be supplied by the Company.
Representative and showroom samples are used to demonstrate typical product, its composition and general appearance. Goods manufactured by individual firms are supplied and installed in the way the Company considers most suitable. In keeping with manufacturers and the Company's policy of continuous improvements to its products, supply and installation methods, it reserves the right to make necessary modifications.
All products used are of the best commercial standards, deemed fit for purpose and comply with all applicable UK and EU legislation but no guarantee is given or implied against minor imperfections beyond that given by the manufacturer.
No responsibility can be accepted by the Company once goods have been delivered in sound condition for any damages occurred to any such goods on the Customer's premises.
Any dates of commencement and completion of works are offered in good faith and are based on the position of the date of order. They are not guaranteed and could be subject to delays beyond the Company's control. The Company will make all reasonable endeavours to start and complete work by the dates given but will not accept any liability for unforeseen delays whatsoever.
If the Customer cancels their instructions prior to any goods being supplied or work carried out the Customer shall be liable for any related expenditure that would have been made by the Company had the goods been supplied and /or work carried out in accordance with such instructions.
The Customer will give access to the premises to the Company at all reasonable times so that the Company can complete delivery and work in accordance with this contract. Removal of personal belongings is the Customer's responsibility, the Company shall not be liable for any consequential loss.
The Company will make good any damage in the immediate area caused during installation and will endeavour to match existing materials but reserves the right to substitute other materials. The Company accepts no responsibility for any damage resulting from structural or other defects in the property at which the installation is carried out.
If, after the Company shall have carried out the works, the Customer is not wholly satisfied then the Customer shall give notice in writing within 21 days to the Company and shall afford the Company, and its insurers, the opportunity of both inspecting such works, and carrying out any necessary remedial works if appropriate.The Company will seek to settle a complaint amicably with the Customer. The Customer accepts that if he fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.
Goods supplied including furniture, appliances, sinks and taps are subject to individual guarantees provided by the manufacturers once installed. The Company guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturers warranty in force. The guarantee will become null and void if the goods supplied/work completed is subject to misuse or negligence or repaired, modified or tampered with by anyone other than a Company/Manufacturer Operative. The Company will accept no liability for, or guarantee suitability of, materials supplied by the Customer and will accept no liability for any consequential damage or fault. This guarantee does not affect the Customers common law and statutory rights. *guarantees are not insurance backed
The Company will not guarantee any work undertaken on instruction from the Customer and against the advice of the Company Operative. Work is guaranteed only in respect of work directly undertaken by the Company and payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the Company will not be guaranteed.
Where the Company agrees to carry out works on existing installations no warranty is given on such works and the Company accepts no liability in respect of the effectiveness of such works or otherwise.
Title to any goods supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until payment in full for such goods has been made by the Customer to the Company. Until such time as title in such goods has passed to the Customer: the Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all, any or part of such goods in which title remains vested in the Company; the Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferring or otherwise disposing of such goods. Not withstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer, and until such time as title in such goods has passed to the Customer, the Customer shall insure such goods to their replacement value and the Customer shall forthwith, upon request, provide the Company with a certificate or other evidence of such insurance.
Payment terms on supply and installation of goods will be 25% deposit to be paid on the day of sale, an interim pre-production payment of 30%, a second interim pre-delivery payment of 35% and the remaining balance of 10% will be paid on completion of installation. Payment terms for the supply only of goods will be 50% deposit to be paid on the day of sale, and the balance of 50% on the delivery of goods. Invoices are due for payment strictly within 7 days. Any part of that invoice which remains unpaid shall carry interest covering the cost of making up the difference caused by the Customer default.
Minor defects or matters requiring rectification which would normally be dealt with under the Company guarantee shall not be considered good reason for non-payment of balance.
These terms and conditions and all contacts awarded between the Company and the Customer shall be governed and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.
These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorized representative of the Company and by the Customer. Further, these terms and conditions shall prevail over any terms and conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering into a contact with the Company the Customer agrees irrevocably to waive the application of any such terms and conditions.
As soon as possible after the completion of works, please inspect the work to ensure everything has been carried out to our usual high standards.
In the unlikely event there is anything you are not completely satisfied with, please contact us as soon as you can in order that we can rectify any problems as soon as possible. Either call us on 01204 698 222, write to us at J2 Design Concepts Ltd, 296-304 Chorley New Road, Horwich, Bolton BL1 5NY or email us at email@example.com. We aim to respond within 5 working days of receiving your complaint and where possible, will provide you with a date to remedy any issues raised.
Where we are unable to resolve your complaint using our own complaints procedure, as a Which?Trusted Trader we have a range of support services available to us and our Customers. One of these is an independent Alternative Dispute Resolution (ADR) service which enables our Customers to seek an impartial review of a complaint.. In the unlikely event of that we cannot remedy your complaint to your satisfaction you may wish to refer your complaint to them. If you wish to do so please contact Which? Trusted Traders in the first instance on 0117 981 2929.