1 Definitions and Interpretations
“The Buyer” m e a ns the person who accepts a quotation of Seller for the sale of Goods or whose order for the Goods is accepted by the Seller;
“These Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any
special terms and conditions agreed in writing between the Buyer and the Seller:
“The Contract” m e a n s t h e c o n tract for the purchase and sale of the Goods under these Conditions;
“The Delivery Date” m e a n s t h e d a t e on which the Goods are to be delivered as stipulated in the Buyer’s order and accepted by the Seller;
“The Goods” means the goods, which the Seller is to supply in accordance with these Conditions;
“The Seller” means W.H.Q.S.Ltd. T/as Jam Kitchens .Reg Number 66160608 Registered office: 397 Cowbridge Road East Cardiff CF51JG
“Writing” means any communication effected by facsimile, Email transmission or any comparable means.
“Bought in”
“Specific” means good ordered specifically for the buyer e.g Cabinets of colours/sizes of your choice to match an agreed plan
“Sub-Contractor” means a contractor employed by Jam Kitchens to complete the installation works
The headings in these Conditions are for convenience only and shall not affect their interpretation.
2 Application of Conditions
The Seller shall sell and the Buyer shall purchase the Goods in accordance with any quotation or offer of the Seller which is accepted by the Buyer, or any order
of the Buyer which is accepted by the Seller, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and
conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
3 Basis of Sale
3.1 The Seller’s employees or agents are not authorised to make any representations or claims concerning the Goods unless confirmed by the
Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such
representations which are not so confirmed.
3.2 No variation to these Conditions shall be binding unless agreed in writing between the authorised representations of the Buyer and the Seller.
3.3 Sales literature, price lists and other documents issued by the Seller in relation to the Goods are subject to alteration without notice and do not
constitute an offer to sell.
3.4 No contract for the sale of Goods shall be binding on the Seller unless the Seller has issued a quotation which is expressed to be an offer
to sell the Goods and has accepted a Deposit placed by the Buyer.
3.5 As the items purchased are bespoke to the Buyer this excludes your purchase from a refund under Consumer Rights Act 2015, as we unable
to resell the products are they are specific to the agreed design & colours chosen. In the event that no signature is obtained the receipt of an initial
payment will form the Contract, and the date payment has been received will form the Contract from date.
3.6 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice
or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
4 Orders and Specifications
4.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by an authorised
representative
4.2 Illustrations, photographs or descriptions whether in catalogues, brochures, price lists or other documents issued by the Seller are intended
as a guide only and the contents shall not be binding on the Seller.
4.3 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on
terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and
materials/expenses incurred used), damages, charges and by the Seller as a result of cancellation.(Up to but not limited to, the deposit paid)
4.4 Any samples, illustrations and descriptions contained in our catalogues and brochures are issued solely to provide you with an approximate
idea of the products. They do not form part of your contract with us.
5 Price of the Goods
5.1 The price of the Goods shall be the price listed in the Seller’s published price list current at the date of acceptance of the Buyer’s order or such
other price as may be agreed in writing by the Seller and the Buyer
5.2 All quotations are valid for a period of 30 days, unless otherwise informed in writing
5.3 Appliance Prices quoted at the time of order being received from the Customer are valid for a period of 30 days. In the event that the cost of
Appliances increase after this quoted period JAM Kitchens will advise the Customer of any increase in costs and the difference will be paid by the
Customer at the time of the remaining balance being payabe. As a guide and wherever possible we try and use AO.com’s advertised prices.
5.4 In the event that items quoted are no longer available and need to be substitued by an alternative item, JAM Kitchens will replace with a similar
product with a specification as close to the original product as quoted. JAM Kitchens will advise the Customer of the Replacement product & Revised
price, and the Customer will bear the cost of any Price difference upon payment of the balance.
5.5 In the event that other Associated items increase in cost (e.g. worktops/wirework accessoried/Sinks/taps etc) after the initial 30 days after quotation
and an order being received, we will do our very best to honour the quoted prices; but in the event that price increases occur of more than RPI
Jam Kitchens, Bedrooms & Bathrooms – Terms And Conditions for Supply only and Supply & Install
means goods purchased from an outside supplier rather than being made within the organization.
(Retail Price Index in the UK) at the point of the balance being required prior t delivery we will advise the customer of the Price increase and will
adjust the Invoice accordingly.
6 Deposit
6.1 The Deposit is to be paid at time of Customer order confirmation. This will be a minimum of 30% of the total cost (inclusive of VAT) unless agreed
otherwise by a Director of JAM Kitchens.
6.2 A Deposit payment will secure the quoted prices (with exception of 5.3/5.4/5.5 as above).
6.3 Upon payment of the Deposit you are entering into a contract with JAM Kitchens.
6.4 Where the Order is “Specific” to “The Buyer”, “The Buyer” will be liable for the remaining balance of the full order value.
7 Terms of Payment
7.1 Subject to any special terms agreed in writing between the Buyer and the Seller, the Seller shall invoice the Buyer for the total sum of all
products and the remaining payment will be required at least 7 days prior to delivery.
7.2 The Buyer shall pay the price of the Goods on the payment date stated in the Invoice .The time of Deposit payment shall be of the essence of the
Contract. Receipts for payment will be issued only upon request.
7.3 We accept payment by BACS, Cheque and Credit/Debit card. Payments to Jam Kitchens by credit or debit card will incur a charge of 2% of the value
of the transaction (this charge is correct at time of print and we reserve the right to increase/decrease this charge and you will be advised at the
time of purchase), unless otherwise advised by an employee of JAM Kitchens.
8 Delivery
8.1 Delivery of the Goods shall take place as agreed in writing and risk in the Goods will pass Immediately to the buyer, otherwise delivery of the
Goods shall be made to the place specified by the Buyer and the Seller’s acceptance as the location to which the Goods are to be delivered.
8.2 The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Seller in writing.
If the Seller delivers the Goods at any time after the Delivery Date the Seller shall have no liability in respect of such late delivery.
8.3 It is the responsibility of the Buyer to accept delivery of the products, unless other arrangements have been made. The Buyer must ensure that either
you or a nominated person over the age of 18 is present at the designated delivery address to accept and sign for the delivery.
8.4 If the Buyer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, required to enable
the Goods to be delivered on that date, the Seller shall be entitled upon giving written notice to the Buyer to store or arrange for the storage of the
Goods and then notwithstanding provision of Clause 8.1 of these Conditions risk in the Goods shall pass to the Buyer, delivery shall be deemed
to have taken place and the Buyer shall pay to the Seller all costs and expenses including storage and insurance charges arising from such failure
8.5 Upon accepting the delivery, the “Buyer” shall be responsible for checking the products for any damage and will need to inform Jam Kitchens
of any damages with 24 hours of delivery.
8.6 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in delivery or in performing,
or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s
reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable
control:-
8.6.1 Act of God, explosion, flood, tempest, fire or accident;
8.6.2 War or threat of war, sabotage, insurrection, civil disturbance or requisition;
8.6.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
8.6.4 Strikes, lock-outs or other industrial actions or trade disputes
8.6.5 Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
8.6.6 Power failure or breakdown in machinery.
8.6.7 Health Pandemics
9 Right to Cancel
9.1 In accordance with the Consumer Rights Act 2015, we allow you a ‘Cooling Off Period’ in which to cancel or amend your order. You may do so
within 14 calendar days of when the Order Acknowledgment is signed off. During this period if you choose to cancel the contract any money
paid by you will be refunded, however if you have already given written approval for the work to begin before the end of the cancellation period
or your products have been specifically ordered for you (e.g. units to suit your plan or chosen colours), and they are required to be ordered
before the end of the cancellation period to meet your required delivery date then you will be required to pay for goods or services already
ordered or delivered.
9.2 After the ‘Cooling Off Period’ you will be unable to make changes to your order without incurring additional charges
9.3 If you wish to cancel the contract you must do so in writing, either by email or post
10 Refunds
10.1 Upon payment of the Deposit you are entering into a contract with JAM Kitchens. In accordance with Consumer Rights Act 2015 you are
entitled to a refund within the ‘Cooling Off Period’ of 14 days, however if you have already given written approval for the work to begin before
the end of the cancellation period, or your products have been specifically ordered for you (e.g. units to suit your plan or chosen colours),
and they are required to be ordered before the end of the cancellation period to meet your required deivery date, then you may be required to
pay for goods or services already ordered or delivered.
10.2 In the unlikely event that the product is not up to the required standard, then Jam Kitchens will be given the opportunity to provide replacement
products to the same or similar specification.
10.3 Where a “bought in” product is supplied and it does not meet the required specification, provided that it has not been unpackaged or installed
then the item can be returned & refunded, but additional costs such as admin fees or restocking charges may be incurred.
11 Risk and Property
11.1 Refers to The Consumer Rights Act 2015 – this act relates to faulty goods – Noting to refer to cancellation rights.
11.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not
pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods to be sold by the Seller to the
Buyer for which payment is then due.
11.3 Upon accepting the delivery, the Buyer shall be responsible for checking the products for any damage and will need to inform Jam Kitchens
of any damages with 24 hours of delivery. In the unlikely event that the product is not up to the required standard, then Jam Kitchens
will be given the opportunity to provide a replacement products to the same or similar specification.
12 Warranties and Liability
12.1 Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification at the time of delivery.
12.2 The Buyer shall be responsible for arranging for inspection of the Goods.
The Seller shall have no liability for any claim in respect of any defect in the Goods which would be apparent on inspection and which is made
more than 24 Hours after delivery, in respect of any damage during transit.
12.3 The Seller shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to
abnormal conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration of the Goods without the Seller’s
approval, or any other act or omission on the part of the Buyer, its employees or agents or any third party.
12.4 No Goods may be returned to the Seller without the prior agreement in writing off the Seller. Subject thereto any Goods returned which the Seller
is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection may be replaced free of charge or,
at the Seller’s sole discretion the Seller may refund or credit to the Buyer the price of the defective Goods but the Seller shall have no further
liability to the Buyer.
12.5 Except as expressly provided in these Conditions, the Seller shall not be liable to the Buyer by reason of any representation, or any implied
warranty, condition or other term or any duty at common law or under statute, or under the express terms of the Contract, for any direct or
consequential loss or damage sustained by the Buyer (Including loss of profit or indirect or special loss), costs, expenses or other claims for
consequential compensation whatsoever (and whether caused by the negligence of the Seller, its servants or agents or otherwise) which arise
out of or in connection with the supply of the Goods or their use by the Buyer.
13 Installation Services
13.1 The fitter who will be responsible for providing the installation service will contact you after you have paid your deposit to arrange a technical survey.
The purpose of their visit is to check the proposed plan and layout confirming it will fit the area specified and is of a practical design, and to discuss
all works to be undertaken as agreed with your designer.
13.2 You have the right to personally hire another contractor to carry out elements of the installation in conjunction with our fitter, but any such works are
outside of our agreement with you. As such we accept no liability for any damage or delays in completion of your project arising as a result of any
additional works carried out by such a chosen contractor.
13.3 The Buyer is responsible for obtaining all necessary planning permission, building regulations consents;
13.3.1 Ensuring that our fitter has clear and safe access to the area where the installation services are to be carried out;
13.3.2 Providing adequate power, lighting, heating and other necessary facilities for the fitter to be able to carry out the installation services:
13.3.3 Providing space for products to be stored safely prior and during the installation works
13.4 Jam Kitchens will cover any installation work completed by us for a period of up to 12 months.
13.4.1 In the instance where a sub-contractor is employed by Jam Kitchens this guarantee will be covered by Jam Kitchens and the sub-contractor.
13.5 After this 12 month period, where products are no longer subject to our installation warranty, we will endeavour to transfer to you any enduring
warranty or guarantee given to us by the manufacturer. Installation services provided by us do not form part of these terms and are subject to
separate terms and conditions
13.6 We will not accept liability for any fault or damage caused by incorrect measurements provided by you during the ordering process, or by pre-existing
damage to walls or utility connections to which products are attached.
13.7 If the installation services have not been carried out to an appropriate standard, you must notify us in writing. If you fail to do so, this may affect your
warranty. This does not apply to problems arising from the installation after the fact.
13.8 We will endeavour to complete the installation services within the agreed timescale but will not be held liable for any reasonable delays due to
unforeseen circumstances. No compensation will be given for inconvenience or costs incurred due to the project running over schedule for an
unforeseen reason.
13.9 Where installation services are provided by persons recommended, but does not form a part of the payment/contract made to Jam Kitchens then the
contract is between the Buyer and the appropriate installation team and does not part of the contract between Jam Kitchens and the Buyer
14 Buyer’s Default
14.1 If the Buyer fails to make any payment on the due date then, without prejudice to any other remedy available to the Seller, the Seller shall
be entitled to:-
14.1.1 Cancel the order or suspend any further deliveries to the Buyer;
14.1.2 Appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the
Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer);
15 GDPR and Data Protection Act 1998