Parties to the contract
This is a contract between you the purchaser and Yealm Kitchens Ltd. No other variation of these Conditions shall be binding unless agreed in writing and signed by the Company’s authorised representative.
Guarantees
A lifetime guarantee means 25 years in the kitchen industry.
All of the components to a Yealm Kitchen come with a guarantee, depending on what part of the kitchen it is depends on the guarantee.
The goods are supplied on the basis that they conform to the written descriptions contained on the order or confirmation where supplied. Pictures and drawings in any catalogues or any plans or drawings provided with an order are for illustrative purposes only. Because many of the Company’s goods are made from timber or other natural products, no warranty can be given that they will be the same in all material respects as any sample, and they are therefore subject to variation of shade, colour, and texture.
The appliances, worktops, sinks, and taps come with a guarantee and you can register them on their company’s website. We guarantee our workmanship. We are not responsible for general wear and tear or damage.
We will repair and fix anything that goes wrong with the kitchen, apart from general wear and tear. If something goes wrong with an item that was not manufactured by us your grievance is with that company and not us.
The Customer acknowledges that the Company and its employees are not Gas Safe Registered Engineers or otherwise competent to assess gas safety. The Customer agrees that it is responsible for ensuring that a competent person is engaged to ensure the safety of any gas appliances (including any gas boiler or gas hob) which may be affected by the installation of the Company’s goods.
Price
All quotations are valid for 60 days. The Company reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of the goods to reflect an increase of the costs to the Company which is due to any factor beyond the control of the Company. Upon receipt of any notification of a price increase, the Customer shall notify the Company of any intention not to continue to purchase the goods in writing before delivery. In the absence of such notification by the Customer, goods delivered by the Company are deemed to be accepted by the Customer at the price shown on the quotation.
Payment Terms
Initial deposit is 50% of the total quote. Once this has been paid, you are booked onto our schedule and provided with a manufacturing and fitting date. Delay of payment could delay the work, which in turn could result in a waiting period for a new manufacturing and fitting date. An interim payment of 40% of the total quote is due on the first day of delivery of the furniture. Once the interim payment is made, we will proceed with the installation and competition of the work. Final payment is due on completion; this will be the remaining balance. Smaller jobs have differing payment terms that will be discussed at the time of order placement
Overdue balances
If the request for final balance or total amount is not made within 30 days from the payment request being sent it will become an overdue balance, unless otherwise informed of a reason why payment has not been made.
Overdue balances that are not paid within 30 days will incur interest of 8% per day plus base rate as provided by Court Rules which may vary. If payment is not made within 30 days and the matter is sent to our appointed collection agency, the purchaser will be liable for the cost of collection.
Unpaid or part paid goods will remain the property of Yealm Kitchens until paid for in full, this is called retention of title. The retention of the title gives Yealm Kitchens the right to remove unpaid or part-paid items or appliances.
Copyright
The copyright in drawings, designs, and specifications shall remain the property of Yealm Kitchens. Designs and specifications shall not be reproduced in whole or part without the written consent of Yealm Kitchens.
GDPR & ICO
The Company’s ICO is registration No. ZB081943. There are six lawful bases for processing data, no one is superior to another but at least one must apply to data held. The six are: – consent, contract, legal obligation, vital interest, public task, and legitimate interest. When contacted by a customer Yealm Kitchens take all contact details including email address, and where an order is agreed bank details. These details maybe are held in written or electronic form and may be held for legal accounts obligations. If Yealm Kitchens sustain a data breach, we are duty-bound to inform The Information Commissioners Office (ICO) as well as our affected customers.
If you do not believe that we have contacted you correctly you may express your grievance in writing to Yealm Kitchens. If you are not happy with the explanation provided with 30 days, you may express the grievance to The Information Commissioners Office quoting our registration number.
Termination
If the Customer shall fail to perform any of its contractual obligations hereunder; fail to make payment on a due date for payment; commit any act of bankruptcy or a receiver is appointed over its business undertaking or assets or has entered into liquidation whether compulsory or voluntary (save for amalgamation or reconstruction of a solvent limited company), cease to trade or threaten to cease to trade have exceeded its trade limit with the Company or the Company has any reason to have serious doubts as to the Customer’s solvency then the Company shall be entitled without notice and without prejudice to its other remedies in these Conditions to suspend or cancel the further performance of these Conditions and if the goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary. Termination of these Conditions shall be without prejudice to the parties’ accrued rights, remedies, and liabilities under these Conditions at the time of termination.