Terms and Conditions

Interpretation

Definitions:

“Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business. Company means The Hamilton Kitchen Company.

“Conditions” means the terms and conditions set out in this document as amended from time to time in accordance with clause ‘variation’.

“Contract” means any contract between the Company and the Customer for the sale and purchase of the Goods that shall incorporate these Conditions in accordance with ‘order process and basis of contract’.

“Customer” means the person(s), firm or company who purchases the Goods from the Company.

“Force Majeure Event” means an event or circumstance beyond a party’s reasonable control.

“Goods” means any kitchen or bedroom doors, panels, associated accessories or any other goods (or any part of them) agreed in the Contract to be supplied to the Customer (including any part or parts of them) and as further detailed in the Order.

“Order” means any order for the Goods accepted by the Company or the Customer’s acceptance of the Company’s quotation in accordance with clause 2.3, as the case may be.

“Manufacturer Warranty” means the warranty given by the Manufacturer to the Customer contained in the Warranty Pack given by the Company to the Customer.

“Specification” means any specification for the Goods, including any related plans or drawings, that are agreed in writing by the Customer and the Company in relation to any bespoke products.

“Warranty Pack” means the warranty contained in Appendix 1 of these Conditions.

Interpretation

In these Conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.

In these Conditions any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

In these Conditions any reference to writing or written includes emails but not fax.

2. Order Process and Basis of Contract

These Conditions apply to each and every Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. For the avoidance of doubt, no condition of purchase imposed by the Customer shall have any effect in relation to a sale by the Company of Goods unless the Company expressly agrees otherwise in writing.

Each Order (placed by telephone, by fax, by email in writing or by any other means) for Goods shall be subject to these Conditions. The Customer is responsible for ensuring the accuracy of the terms of the Order and, in the case of bespoke Goods, any applicable Specification.

A quotation for the Goods given by the Company shall not constitute an ofer. A quotation shall only be valid for a period of 20 Business Days from its date of issue.

All quoted prices (whether provided verbally or in writing) are based on the cost of materials, labour, transport and other relevant items relevant at the date when such prices are quoted.

However, notwithstanding any such quotation, the Company reserves the right to charge Goods at the price relevant at the date of dispatch, unless the quotation validity period of 20 Business Days has not been exhausted at the date of dispatch.

Any queries regarding prices charged on invoices must be made to the Company in writing within 10 Business Days of the date the Goods were purchased, otherwise they cannot be accepted.

The Goods are made to order. Once an Order is made the manufacturing process is deemed to have commenced immediately. As a result once an Order is made these Conditions will be deemed to have been incorporated, a Contract is created and the Customer is required to accept the Goods in accordance with clause 4.

All tenders, quotations and Orders are subject to supplies being available. Where the Company is unable to fulfil an Order as a result of unavailable supplies the Company shall not take payment for the same and shall not be liable to the Customer for any resulting loss (howsoever it arises).

Description of Goods

Technical specifications, advertising, illustrations, samples, descriptions and diagrams of Goods in the Company’s trade literature, catalogue or other published matter (“Advertising Matter”) is indicative only of the approximate and general class, character and colour of the Goods. Advertising Matter is approximate only and shall not form part of the Contract. The Company reserves the right to amend the Advertising Matter at its discretion.

Any clerical error or omission in any Advertising Matter, quotation, invoices or any other documents issued by the Company shall be subject to correction without any liability to the Company.

Unless stated otherwise, the dimensions for sawn dimensions are “nominal”.

To the extent permitted by law, in no event is any condition made or warranty given by the company that the Goods will correspond to sample unless specifically agreed to in writing by the Company for any one Contract.

If the Customer requires Goods to comply with any particular Specification it shall inform the Company of such requirements in the Customer’s Order. The Company reserves the right to amend the Specification if required by any applicable statutory or regulatory requirements.

To the extent that the Goods are to be manufactured in accordance with a Specification supplied by the Customer, the Customer shall indemnify the Company against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by the Company in connection with any claim made against the Company for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the Company’s use of the Specification. This clause 3.6 shall survive termination of the Contract.

Delivery and Acceptance of the Goods

The Company shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (“Delivery Location”) at any time after the Company notifies the Customer that the Goods are ready. The Customer shall be responsible for providing safe, proper, prompt and unhindered access to the Delivery Location to the Company at all reasonable times for unloading and shall be liable for any loss or damage, or cost of delay caused by lack thereof. Where the Customer assists with any unloading it shall be responsible for any damage caused to the Goods arising from Customer’s employees acts or omissions.

The Company shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

The Company may deliver the Goods by separate instalments. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment. We will make best endeavours to ensure the goods are delivered in time and one piece but from time to time defects occur and we cannot be held responsible for these issues. Do not book tradespeople until you have ensured the goods are in order for installation. We will look to rectify any issues as soon as they arise given the 2 business days timescales as outlined below.

The Company shall ensure that each delivery of the Goods is accompanied by a delivery note that shows the date of delivery of the Order, all relevant Company reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered.

Delivery is completed on the completion of unloading of the Goods at the Delivery Location.

If the Company fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. The Customer must inspect the Goods on receipt and mark the delivery note to record any alleged damage in transit.

The Customer must within 2 Business Days of receipt of the Goods notify the Company of any alleged defect, shortage in quantity, damage or failure to comply with description by written notification to the Company to be sent to the following email address: [email protected]

If the Customer fails to comply with the provisions of clause the Goods shall be presumed to be in accordance with the Contract and free from any defect or damage which would be apparent on a reasonable examination of the Goods and the Customer shall be deemed to have accepted the Goods.

Notwithstanding the terms of the manufacturer Warranty, after acceptance of the Goods the Customer may not reject the Goods and payment for the same will be payable in accordance with these Conditions.

If the Customer fails to take delivery of the Goods within 3 Business Days of the Company notifying the Customer that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or the Company’s failure to comply with its obligations under the Contract:

• Delivery of the Goods shall be deemed to have been completed at 9.00 am on the fourth Business Day after the day on which the Company notified the Customer that the Goods were ready; and
• The Company shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).

Quality and the manufacturer Warranty

The Manufacturer provides the manufacturer Warranty for all Goods purchased pursuant to these Conditions. Please see the Warranty Pack for further details. The Warranty Pack is designed to set out guidance on how and to whom to report defects and the responsibilities for and terms upon which they will be remedied.

Title and Risk

The risk in the Goods shall pass to the Customer on completion of delivery of the Goods.

Title to the Goods shall not pass to the Customer until the Company receives payment in full (in cash or cleared funds) for the Goods and any other goods that the Company has supplied to the Customer in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sums.

Until title to the Goods has passed to the Customer, the Customer shall:

• Store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Company’s property;
• Not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
• Maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
• Notify the Company immediately if it becomes subject to any of the events listed in clause 11.1; and
• Give the Company such information relating to the Goods as the Company may require from time to time.

If before title to the Goods passes to the Customer, the Customer becomes subject to any of the events listed in Termination clause, then, without limiting any other right or remedy the Company may have:

The Customer’s right to resell the Goods or use them in the ordinary course of its business ceases immediately; and The Company may at any time:

• require the Customer to deliver up all Goods in its possession that have not been resold, or irrevocably incorporated into another product; and
• if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.

Price and payment

The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price of the Goods as set out in the Company’s published price list in force as at the date of delivery.

Unless stated in the Order to be a fixed price, the Company upon written notice to the Customer may increase the price at any time before the date of delivery if the cost of materials or labour or overheads relating to the production of the Goods has risen since the date of the Order.

The price for the Goods is exclusive of VAT and all charges in relation to storage, carriage, handling and off-loading. All other taxes, customs duties, duties and expenses shall be the responsibility of the Customer.

The Company may invoice the Customer for the Goods on, or at any time after, the completion of delivery.

The Customer shall pay the invoice in full and in cleared funds in accordance with the trading terms set out in the Order or as otherwise agreed between the Company and the Customer, or if no trading terms are agreed, invoices are payable on the date of the invoice (“Due Date”). Payment shall be made to the bank account nominated in writing by the Company. Time for payment is of the essence.

If the Customer fails to make any payment due to the Company under the Contract by the Due Date for payment, then the Customer shall pay interest on the overdue amount at the rate of 4% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the Due Date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.

The Customer shall pay all amounts due under the Contract in full without any set-of, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Company may at any time, without limiting any other rights or remedies it may have, set of any amount owing to it by the Customer against any amount payable by the Company to the Customer. Where any sums are due to the Company from the Customer, the Company is entitled to suspend all services to the Customer until full payment has been received.

If the Company has to instruct solicitors or other agents to recover money owed by the Customer to the Company then the Customer will indemnify irrevocably, in full and on demand the Company against all fees, expenses and costs payable by the Company to its solicitors or agents.

Where a dispute arises in respect of part only of an invoice, the part(s) of such invoice, which are not be in dispute, shall be paid by the Customer to the Company in accordance with these Conditions.

Credit terms (if any) that are agreed between the Company and the Customer shall govern only the Customer’s contractual obligation to make payments to the Company for the price of the Goods.

Good Supplied on Credit

We do not offer credit accounts.

Termination

Without limiting its other rights or remedies, the Company may terminate a Contract (and suspend all future deliveries) with immediate effect by giving written notice to the Customer if:

• The Customer commits a material breach of any term of the Contract;
• The Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
• The Customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or
• The Customer’s financial position deteriorates to such an extent that in the Company’s opinion the Customer’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.

Without limiting its other rights or remedies, the Company may suspend provision of the Goods under the Contract or any other contract between the Customer and the Company if: (i) the Customer becomes subject to any of the events listed in clause 11.1.1 to clause 11.1.4; or (ii) the Company reasonably believes that the Customer is about to become subject to any of the events listed in clause 11.1.1 to clause 11.1.4; or (iii) if the Customer fails to pay any amount due under any Contract on the due date for payment; or (iv) the Customer fails to accept delivery of any Goods ordered by the Customer in accordance with clause 4; or (v) the Customer commits any other breach under these Conditions.

Without limiting its other rights or remedies, the Company may terminate the Contract with immediate efect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract (or any other contract between the Customer and the Company) on the due date for payment.

On termination of the Contract for any reason the Customer shall immediately pay to the Company all of the Company’s outstanding unpaid invoices and any interest due thereon.

Termination of the Contract shall not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of the Contract that existed at or before the date of termination.

Any provision of the Contract that expressly or by implication is intended to come into force or to continue in force on or after termination of the Contract shall remain in full force and effect despite such termination.

Limitation of liability

Nothing in these Conditions shall limit or exclude the Company’s liability for:

• Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
• Fraud or fraudulent misrepresentation;
• Breach of the terms implied by section 12 of the Sale of Goods Act 1979;
• Defective products under the Consumer Protection Act 1987; or
• Any matter in respect of which it would be unlawful for the Company to exclude or restrict liability.
• The Company shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, depletion of goodwill or otherwise (in each case whether direct or indirect) or any indirect or consequential loss (howsoever caused) arising under or in connection with the Contract; and
• The Company’s total liability to the Customer in respect of all other losses arising under or in connection with each Order, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited a maximum sum equivalent to the original purchase price of the Order paid by the Customer to the Company under the Contract.

Force Majeure

The Company reserves the right to defer the date of delivery, to cancel the Contract or to reduce the volume of the Goods ordered by the Customer, in each case without liability to the Customer, if the Company is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials provided that, if the event in question continues for a continuous period in excess of 180 days, the Customer shall be entitled to give notice in writing to the Company to terminate the Contract.

General

Data Protection

Any personal information shall be used in accordance with any and all applicable data protection legislation, including the Data Protection Act 1998 (as may be amended or replaced).

Entire agreement

The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

Each of the Company and the Customer agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each of the Company and the Customer agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

Variation

No variation of the Contract shall be efective unless it is in writing and signed by the parties (or their authorised representatives).

Waiver

No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Severance

If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

Notices

All notices to be served by one party on the other (unless specifically provided for in these Conditions) shall be deemed duly served 7 days after posting if posted by first class or airmail pre-paid to the registered office of the other party or in the absence of such registered office to the address notified in writing between the parties prior to or at the time of the Contract.

Third Party Rights

The parties to the Contract do not intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

Governing law

The Contract, and any dispute or claim (including noncontractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.

Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

Warranty General Terms

The Company warrants that on delivery, and for the relevant Warranty Period (as defined below) the Goods shall:

• Conform in all material respects with their description;
• Be free from material defects in design, material and workmanship; and
• Be of satisfactory quality (within the meaning of the Sale of Goods Act 1979)

The Warranty Periods for each product and class of Goods are specified below (the “Warranty Period”):

Warranty Period:

6 Years From Invoiced Date Of Supply

• Painted Stock (including Arena/Hartford/Luzzi ranges)
• Solid Painted (including Albany/Greenwich/Hampton/Milburn ranges)
• Painted/Made to Measure (including Belair/Hyde/Reed/Tenby/Finsbury/Harrow ranges)
• Acrylic (including Phoenix/Hardcoat/Zenith ranges)
• PVC/Stock (including one Piece Stock/One Piece Bedroom Stock ranges)
• PVC/Made to Measure (including Matt Finish, Gloss Finish ranges)
• Curved + Feature (including Radius/Concave Doors, Featured Curves ranges)
• PVC/Accessories (including Mouldings/Vinyl Wrapped Accessories, Worktops/
  Panels/Return Gables ranges)
• Zoom
  (including 2mm MFC Edged Doors ranges)
• Solid Shaker Oak
• InFrame (including Devon Shaker, Cornwall Raised Panel ranges)

All other products have standard manufacturer warranty.

Subject to exclusions and limitations set out in section 3 below and adherence of the care and maintenance guidelines set out in section 4 below, if:

• The Customer gives notice in writing to the Company during the Warranty Period that some or all of the Goods do not comply with the manufacturer Warranty; and
• The Company is given a reasonable opportunity of examining such Goods; and
• The Customer returns such Goods to the Company’s place of business at the Customer’s cost,

The manufacturer shall, at its option, repair or replace the defective Goods, or refund the price of the Goods, that we agree are defective, in full.

Our obligations under this manufacturer Warranty are limited, at our option, to repairing or replacing any part which proves to be defective or refunding the price if the Goods that we accept are defective. Replacement parts where possible will either be the same or similar and we are under no obligation to replace any part or item with an identical part or item.

Except as provided in this section, the Company shall have no further liability to the Customer in respect of the Goods’ failure to comply with the manufacturer Warranty.

The manufacturer Warranty for the Warranty Period is the full extent of our obligation to you in relation to the Goods and any other rights and remedies are excluded to the fullest extent of the law.

Any Goods repaired or replaced by the Company (including any repaired or replacement Goods) shall be guaranteed pursuant to this Warranty for the unexpired portion of the relevant Warranty Period that applied to the original Goods supplied. For the avoidance of doubt, the Warranty Period will not be extended by supplying replacement Goods or parts thereof or by repairing such Goods or parts thereof.

The Company reserves the right to charge the Customer for any completed warranty service work where it is found to be caused by negligence, poor commissioning, or any other factor not related to a manufacturing defect, or is otherwise excluded under section 3 below.

Making A Warranty Claim

If you wish to make a claim under the terms of this manufactuer warranty then you should contact us immediately after the defect is found or becomes obvious to you.

As stated in section 1.3.1 above you will be required to give notice in writing to the Company during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in this Warranty Pack. You will provide the Company with:

• Evidence of the original invoice or proof of purchase (this may include the original invoice number or other evidence of the purchase);
• A full description of the defect;
• Photographs of the defect; and
• The defective part that requires replacement for inspection by us or our nominees

On receipt of the above information our customer services department will issue an uplift docket along with a “claim number”.

Once a claim is accepted by us (subject to the return of the defective Goods and satisfactory inspection of the same) we will notify you whether we intend to repair, replace or refund the relevant defective Goods. If we notify you that we will refund or replace, we may either (i) refund the value of the Goods where no replacement Goods are issued; (ii) replace the Goods free of charge; or (iii) credit your account where replacement Goods have been issued and charged to your account prior to inspection by us, where it is subsequently agreed by us that the Goods are defective following inspection.

Please be aware the maximum period for return and credit of defective product is limited to one month from the date of supply of the replacement doors.

You must allow us or our agents access to the Goods in order to remedy any defect, where applicable.

Where a claim is rejected we will provide details of why the claim has been rejected.

Any communication with us should ALWAYS be sent in writing or by email and quoting any applicable invoice number.

Exclusions to Manufacturer Warranty

The manufacturer Warranty applies to the Goods under normal use, subject to the conditions set out in this Warranty Pack, and as determined by manufacturer Doors in its sole discretion.

The manufacturer shall not be liable for the Goods’ failure to comply with the manufacturer Warranty and the manufacturer Warranty does not include the provision of, or the rectification of the Goods in any of the following events:

• Where the Customer makes any further use of such Goods after giving notice in accordance with the section above;
• The defect arises because the Customer failed to follow manufacturer ‘oral or written instructions as to the storage, commissioning, installation, use or the maintenance of the Goods or (if there are none) good trade practice regarding the same;
• The defect arises because the Goods have not been used, cared for or maintained in accordance with the care and maintenance instructions as set out below;
• The defect arises as a result of the manufacturer following any drawing, design or material specification supplied by the Customer;
• The Customer alters or repairs such Goods without the prior written consent of the manufacturer;
• The defect arises as a result of unfair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;
• The Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements;
• Any damages to the Goods are attributable to improper installation, inadequate maintenance, improper product use, after market product modifications, normal weathering, highly corrosive environments, damages caused by fire, accident, flood, acts of God, vandalism, building settlement or structure failures, or other circumstances beyond manufacturers’ control;
• The damage to the Goods is caused by or within parts, fixtures or fittings that have not been manufactured or supplied by the Company;
• Adjustment of hinges, catches or stays;
• Damage caused by the use of inappropriate or unsuitable cleaning materials;
• Damage occurring as a result of any alteration, modification, vandalism, or accidental damage to the Goods, misuse, neglect, overloading or abnormal use of your Goods;
• Damage caused by the transportation to site or installation of the Goods;
• Damage resulting from a failure or delay in arranging for an obvious defect (or any defect which should have been obvious to a reasonable person who has complied with all relevant owner manuals and this manufacturer Warranty) to be reported under your manufacturer Warranty or rectified;
• Damage caused by repairs attempted or undertaken other than those carried out by us or a third party authorised by us;
• Damage as a result of failure to carry our normal day to day maintenance or follow normal maintenance procedures including but not limited to the care and maintenance guidelines in section 4 below;
• Damage as a result of toxic, explosive, corrosive or other hazardous materials brought into contact with the Goods;
• Damage as a result of exposure to water, excessive moisture or humidity;
• Damage as a result of exposure to heat above 60 degrees C;
• Damage as a result of flies, insect, bird or rodent infestations;
• Damage caused directly or indirectly by war, riot, revolution, act of god or any similar event or by vandalism, theft or attempted theft;
• Damage arising from any accident or any act or omission by you;
• Where repairs are not authorised by us in writing or carried out by us. We will not take responsibility for any costs associated with or subsequent rectification of any unauthorised repairs;
• Where Goods are modified with any parts not supplied by us, or where Goods are incorporated with a modified part; or
• Where manufacturer is NOT the manufacturer of any parts or fixtures and fittings of the Goods, this manufacturer Warranty does not apply.

The manufacturer will pay for all parts associated with any repair work carried out under the Warranty up to a maximum sum equivalent to the original purchase price of the Goods. Where multiple claims are made, for whatever reason, our aggregate maximum liability shall also be equivalent to the original purchase price of the Goods. Please see the limitation of liability provisions set out in the Terms and Conditions of Sale.

We cannot accept responsibility for any loss or damage suffered, or incurred as a consequence of your failure or delay in reporting defects promptly.

Dissatisfied with Parts or Repairs

In the unlikely event that you are dissatisfied with the repair undertaken by us or our agents or are dissatisfied with any parts supplied, you should report your dissatisfaction to us within 14 days of completion of the repair or supply of the part.

If no notice is received within 14 days of completion of the repair or supply of the part, the repair work or part supplied is deemed acceptable to you and the claim is deemed to have been satisfied in full.

Where The Manufacturer Warranty Is Deemed Void

The manufacturer Warranty is deemed void and of no force or effect in circumstances including, but not limited to: (i) where you have failed to comply with any procedures laid down by us in this manufacturer Warranty or if you have failed to complete and return within the timescales prescribed any of the forms which we require; (ii)the specification of your Goods have been altered in any material way other than by us; (iii) your Goods have been the subject of an insurance claim to the extent of a write of (or the value of the holiday home/lodge has depreciated by 50% or more); or (iv) you refuse to allow access to the Goods in order to carry out repairs, where required.