Terms and Conditions

In the terms below Home Class Ltd, trading as Nice Kitchens is called “the Company” and the other contracting party is called “the Customer”

1. It is the intention of the Company that all terms of the agreement between the Customer and the Company are contained in this Agreement and in the brochures, catalogues and specifications provided to the Customer.

2. Subject to the Company being able to contact the Customer and arrange a mutually convenient appointment, the Company will arrange for a technical surveyor to visit the Customer’s premises within 10 working days of the date of this Agreement for the purposes of measurement and survey of premises, plumbing, drainage and other services. If, following such a survey, it becomes apparent that a major modification to the specifications for the installation is necessary, the Company will inform the Customer within 21 working days after the survey was undertaken and give written reasons. The Company may make minor modifications to the specifications without notifying the Customer where such modifications are required as a result of the Company’s surveyor’s inspection provided that such modifications do not materially affect the appearance, design and quality of the Goods.

3. If for any reason beyond the Company’s reasonable control, the Company is unable to supply a particular item of furniture or a particular appliance the Company will notify the Customer. With the agreement of the Customer the Company will replace it with an item of superior standard and value.

3.1 The Company will do all that it reasonably can to meet the date given for delivery and/or installation. In the case of unforeseen circumstances beyond the reasonable control of the Company, the Company may not be able to do so. In such circumstances the Company will contact the Customer and agree an alternative date.

3.2 The Customer will also do all that he/she reasonably can to enable delivery and/or installation to take place on the given date. In the case of unforeseen circumstances beyond the reasonable control of the Customer, the Customer may not be able to do so. In such circumstances the Customer will contact the Company and agree an alternative date.

4. If at any time the installation is, for a structural or technical difficulty, impractical, the Company shall, on request, provide written reasons for the difficulty to the Customer and may terminate this Agreement. If the Company terminates this Agreement under these conditions then any deposit paid will be refunded. However, if the difficulty in question could not reasonably have been expected to have been anticipated by the surveyor, the Company will not make to the Customer any payment for any loss or damage the Customer may suffer as a result of that termination.

5. The Company does all it reasonably can to ensure the price quoted by its agent at the time of the contract is correct. It is recognised that the kitchen is a made to measure product. If, following survey, it becomes apparent that the installation has been underpriced for a technical reason beyond the reasonable expectation of the agent, or as the result of a significant calculation error by the agent, then the Company will forthwith inform the Customer and both parties will attempt to agree a revised price for the installation. In the event that a new price cannot be agreed then either party is entitled to terminate the contract whereupon any monies will be repaid in full. In circumstances where the incorrect pricing has resulted from an error in information provided by the Customer to the Company with regard to the premises where the kitchen is to be installed, and in particular to the services and drainage available to those premises, and termination of the contract has occurred in accordance with the provisions of this clause, then the Company will not make to the Customer any further payment for any loss the Customer may suffer. However, any deposit paid by the Customer will be repaid in full.

6. Where the Company has agreed to supply and install the furniture and/or appliances, the Company will ensure that the quality of the furniture and/or appliances supplied will be to a satisfactory standard and also that the kitchen will be installed in the Customer’s home to a satisfactory standard.

7. Where the Company has agreed to only supply the furniture and/or appliances for export, the Company guarantees that the quality of the furniture and/or appliances will be to a satisfactory standard. The Company is not responsible for the installation of the furniture and/or appliances. Any installation of the furniture and/or appliances is the sole responsibility of the Customer. The Company shall not be responsible for any damage or loss in respect of the units supplied by the Company arising out of or associated with the shipping of goods from mainland UK or with any installation of the furniture and/or appliances by the Customer as mentioned above.

8. All appliances are supplied subject to any guarantees and after sales services that are offered by the manufacturers themselves, or where appropriate subject to the terms of any extended warranty scheme.

9. It is acknowledged by the Customer that the colour of natural wood products may fade or discolour over time due to natural processes and the Company accepts no responsibility for such occurrence.

10. The Customer agrees to give access to the premises for the purposes of delivery and/or installation or subsequent visits that may be necessary for completion of the installation.

11. The Company will clear away and dispose of any debris created by the installation or remedial work and will leave the premises in a clean and tidy condition. The Company will not, from 1 January 2002, remove or dispose of any fridge, freezer or combination fridge/freezer, this being due to a recent E.C. directive.

12. The Customer is advised and accepts that the installation may cause damage to decoration. It is anticipated that the kitchen will require redecoration following completion of the installation. This will be the Customer’s responsibility and it is not included in the price unless specifically set out otherwise overleaf. For the avoidance of doubt this provision does not exclude the Company’s responsibility for any damages which are beyond what is reasonably commensurate with the fitting of the kitchen in the usual way (for example, damage to other areas of the premises where kitchen units/appliances are not being fitted.)

13. The Customer agrees that there will be an available supply of water, gas and electricity on the premises for the purpose of carrying out the installation and such services will be supplied at no cost to the Company.

14. On delivery or collection, the risk of any loss or damage to the furniture or units becomes that of the Customer.

14a. The customer agrees that where the kitchen is purchased on a supply only basis any damages are reported to the Company within 48 hours of delivery, otherwise the Company cannot accept responsibility for these damages.

15. The Customer will not legally own the furniture and/or appliances until the balance of payment is made by the Customer to the Company. The goods do not become the Customer’s until the Customer has paid for them in full and, until such time, the Customer shall keep the goods in good repair, condition and properly protected and insured. The goods are not warranted/guaranteed until payment is received in full.

16. The Customer agrees that once the technical survey is complete and their order is committed to the factory for manufacture, should they wish to cancel for any reason they will be liable for the cost of the furniture, and any subsequent re-stocking fees relating to associated goods and appliances.

17. Although the Company may be prepared to agree to certain changes to the original terms of the contract, this will be on the understanding that it does not infringe the Company’s full rights under the contract and that it does not prevent the Company from exercising those rights in the future.

18. As part of the order process the Company requires the Customer’s name and address and other relevant information. Personal information provided by the Customer will be held by the Company for credit checking and/or marketing purposes. (The Company may also pass the Customer’s information on to its group Companies or third parties who may contact you with further offers. If you do not wish the information to be used for the above purposes, please notify the Company sales agent when placing your order).

19. Nothing in this contract confers or purports to confer on any third party any benefit or any right to enforce any terms of this contract.

20. The Company and the Customer agree that these terms shall be governed by and construed in accordance with the Law of England.