Kitchen Flair undertakes to manufacture, supply & install the kitchen in accordance with the provisions of this agreement as detailed in the drawings annexed hereto & initialed by the parties for the purposes of identification;
The purchase price shall be the amount stated & identified as the purchase price on the face of this agreement.Premable
Price
The purchase price includes the fabrication & installation of the new cupboards only. It excludes the stripping, removal & disposal of existing cupboards, plumbing & electrical fittings & the installation thereof, plastering, brick work & floor finishes & the like, unless specifically noted on the face of this agreement.
The price is calculated on the assumption that Kitchen Flair will install the new kitchen against square & level floors, walls, doors, windows and ceiling finishes.
Price Increases
If the customer requests Kitchen Flair to undertake additional work or supply additional materials, not included in this agreement, a charge for extra work & materials will be levied.
Payment
Payment is due strictly in accordance with the terms of this agreement, as follows:
On acceptance of the quotation – 50% of the contract price;
On delivery of the carcasses to the customer’s premises – 40% of the contract price; in the event of more than one delivery required, payment will be due on the first delivery.
ON completion – 10% of the contract price;
ON presentation of an invoice – the amount due for extra work.
Ownership
Ownership of the goods shall not pass to the customer until the payment in full of the purchase price.
Should the units have been delivered to site, whether fixed to the walls or not, and payment not have been made by the customer, Kitchen Flair s specifically authorised to remove same.
Risk
Risk in & to the cupboards & their components passes to the customer immediately same are delivered to his premises.
The customer shall make adequate provision for the safe storage & the risk of damage to the goods especially by other CONTRACTORS on site rests with the customer.
Materials
The customer acknowledges that:
Where natural timber is used in the fabrication of units, there may be a visible difference in both the grain & the timber.
Where man made simulated products are used in the fabrication of the units (veneers, wood stains, paint), slight colour variations may occur from batch to batch.
No claim will arise as a result of visible variations in colour or grain.
Delivery
Kitchen Flair is dependant of the delivery of materials by its suppliers, & whilst every effort will be made to meet delivery times requested, time is not of the essence for this contract.
It is the customer’s responsibility to ensure that work is not delayed by the late delivery of any materials sourced from suppliers other than Kitchen Flair, & that all work by other contractors has been completed, ensuring free & uninterrupted access to the installation site by Kitchen Flair. Should the customer delay the installation for any reason Kitchen Flair reserves the right to reschedule at a time that is convenient to his work schedule so as not to cause strain on his work schedule for other clients.
The delay in the installation, or the completion thereof for any reason, by any person, shall not give rise to any claim against Kitchen Flair. Kitchen Flair is accordingly not liable for any loss of profit, any direct or indirect damages whether consequential or otherwise arising from its obligations under this contract.
No additional work will be carried out by Kitchen Flair unless the customer has accepted a written quotation from Kitchen Flair. All extra work will lead to an extension of the completion date.
The price stated in this agreement has been calculated on the basis that the work will be executed during normal working hours from 07:00 until 16:30 hours Monday to Friday (until 15:20)only, unless the parties agree otherwise.
The customer shall make available at no cost to Kitchen Flair reasonable access to, and possession of the site, as well as safe custody & storage of goods, tools & equipment during absence from the site.
It is the customer’s responsibility to ensure that Kitchen Flair is given accurate dimensions of all built in kitchen equipment such as microwaves, eye level ovens, hobs and the like. Kitchen Flair accepts no responsibility for incorrect dimensions given by the customer.
No instructions may be given by the customer to our workmen. All such instructions shall be given to Kitchen Flair directly & in writing.
Disputes
Should a dispute arise between the parties with regard to the quality of our workmanship, the materials, or the finishes such dispute shall be referred to The Kitchen Specialists Association to attempt to resolve the dispute, & where necessary, appoint a mediator.
The parties shall be bound by the decision of The Kitchen Specialists Association’s appointed mediator.
Prior to the Kitchen Specialists Association providing its mediation service, the balance of any monies due by the customer to Kitchen Flair shall be paid to the Kitchen Specialists Association Trust Account pending resolution of the disputes.
In the event of a dispute arising from any matter other than a dispute arising from alleged faulty workmanship, materials or finishes, the parties shall be entitled to institute legal proceedings in court of law.
Kitchen Flair may elect to:
Repossess the units & fittings delivered by it, & retain all monies paid b the customer as a genuine pre-estimate of liquidated damages; or
Claim payment of the full balance outstanding.
In the event of an attorney being instructed to act on behalf of Kitchen Flair in any matter arising from this agreement or the termination thereof, the customer shall be liable for all legal costs on the scale as between attorney & client including collection charges & tracing fees.
All overdue amounts will bear interest at 1% per month calculated & capitalised monthly in advance.
The parties hereby consent to the jurisdiction of the Magistrates Court notwithstanding the fact that the amount of the claim may exceed the jurisdiction of that court.
Miscellaneous
This agreement constitutes the entire agreement between the parties & no addition to, variation of, waiver of its terms, or consensual cancellation hereof, shall be of any force or effect unless reduced to writing and signed by the parties.
No indulgence or extension of time granted by any party to any party shall:
Operate as, or be deemed to be, a waiver of his rights hereunder;
Be a novation of this agreement; or
Operate so as to preclude such party thereafter from exercising their rights strictly in accordance with this agreement.
No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether he alleges it induced the contract or whether he was negligent or not.
Any items supplied by customer will be the customer’s responsibility to install. If Kitchen Flair is requested to install thereof, an installation charge will be payable.
It is not Kitchen Flair’s responsibility to co-ordinate other sub trades.