“Customer” means the person whose order for the provision and or installation of products has been accepted by Kingswood
“Order Content” means the products contained within the order and the delivery and installation
“Kingswood” means Kingswood at Home Ltd registered office Kingswood, Silver Birches, Small Dole, Henfield BN5 9YT registration No 09757399
“Contract” means the contract for the purchase and sale of the Order Content.
1. PRICE AND PAYMENT
1.1 Payment of the price (inclusive of VAT, delivery, installation and any associated cost) shall be made by the customer in two tranches. The first upon order placement and the balance within 24 hours of the installation.
1.2 The specifications and prices contained within the order are all subject to any amendment that may be required after completion of the survey by Kingswood. Should such survey require a change to the specification or to the price which the customer finds unacceptable Kingswood will return the deposit paid and cancel the order without cost to either party.
1.3 Any cancellation by the customer after payment of the deposit will lead to the forfeiture by the customer of the deposit paid. If manufacture of the order content is started then the customer will be liable for the balance of the sale price.
1.4 If the customer fails to make payment on the due date then, without prejudice to any other right or remedy available, Kingswood shall be entitled to charge the customer interest on the amount unpaid at the rate of 8 per cent per month above the Bank of England base rate applicable at the time until full payment is made.
2. DELIVERY AND INSTALLATION
2.1 While Kingswood shall make every reasonable effort to deliver and install the products within the time frame agreed at the point of sale, time is not the essence of the contract and no claims for compensation for delays in completion of the contract will be accepted.
2.2 While Kingswood will make every reasonable effort to avoid and make good any damage to the walls around the installation, Kingswood will not be responsible for any decorating required to conceal any such damage.
2.3 The customer shall be deemed to have accepted the Order Content upon delivery or installation. Any defects in the order content, once installed, must be notified to Kingswood within 5 days from installation.
2.4 If Kingswood is unable to deliver and install the product due to reasons caused by the customer, Kingswood shall be entitled, at the customer’s expense, to place the product in storage until installation can be completed.
2.5 If the customer changes the agreed time of installation with less than 2 working days notice the customer will be liable for an extra charge for fitting at the same rate as included by Kingswood in the original order.
2.6 If the installation has still not be completed after 10 weeks from the date notified by Kingswood as available for installation the customer will pay to Kingswood the balance of the order as if installation were complete.
2.7 Kingswood will rely upon the measurements taken at survey for the dimensions of the products and the customer undertakes not to allow any decoration or other works to take place in the area of installation between survey and installation, that may in any way affect the measurements taken at the survey.
2.8 If Kingswood fails to install the product for any reason other than any cause beyond Kingswood’s reasonable control, Kingswood’s liability shall be limited to the total price of the original contract.
Title in the goods shall not pass to the customer until Kingswood has been paid in full.
4. DAMAGE TO PRODUCTS
Upon serving notice within 24 hours of delivery to Kingswood, the customer shall be entitled to replacement products if Kingswood is reasonably satisfied that the products have been damaged during transportation or installation.
5.1 Where the products suppied by Kingswood are found to be defective, Kingswood shall repair or replace defective products free of charge upon the following conditions:
5.11 The customer notifying Kingswood within 5 days of installation.
5.12 The defect being due to faulty design, workmanship or materials.
5.13 The defect not having arisen from the buyers failure to comply with Kingswood oral or written instructions as to storage, use, cleaning or maintenance of the product or in accordance with good general practice.
5.14 Full payment completed by the customer for the order.
5.15 All goods supplied are covered by a guarantee against later occurring defects in the product or the installation. The period of guarantee from date of installation varies with different products as follows – Shutters 5 years, Blinds 13 months, Windows and Doors 10 years.
Such guarantee excludes any defect arising from fair wear and tear, wilful damage, negligence, or misuse of the products without Kingswood written approval.
The customer has a right to a full refund upon request if the product has a fault or occurs a fault within 30 days of installation.
6.1 Except in respect of death or personal injury caused by Kingswood’s negligence, Kingswood shall not be liable to the customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Kingswood, its employees or agents or otherwise) which arise out of or in connection with the supply of the products or their use and the entire liability of the Kingswood under or in connection with the contract shall not exceed the price of the products.
7.1 No waiver by Kingswood of any breach of the contract shall be considered as a waiver of any subsequent breach of the same or any other condition.
7.2 The contract shall be governed by the laws of England and the customer agrees to submit to the non-exclusive jurisdiction of the English Courts.
Kingswood is committed to ensuring that customer privacy is protected and information provided to Kingswood will not be shared with other parties apart from as required to enable the completion of the order and to keep the customer informed about new products, special offers or other information considered by Kingswood to be of potential interest and/or benefit to the customer.