General Terms
These conditions shall come into force on our acceptance of your order and shall apply to all orders received whether in writing or otherwise. In case of conflict between these conditions and your conditions of purchase the terms of your enquiry or order or any correspondence relating thereto these conditions shall prevail except to the extent that these conditions are excluded by specific reference by us in writing. Written confirmation of telephone orders should be clearly marked as such otherwise you will be responsible should orders be duplicated. We reserve the right at any time to refuse orders. No variation of your order will be recognized unless agreed by us in writing. We reserve the right to cancel your order if you commit an act of bankruptcy or commence winding up by reason of insolvency or make an arrangement for the benefit of creditors.
Credit Accounts
Customers wishing to open a credit account are requested to provide two trade references and one banker’s reference. Until we have approved a credit account in writing we may ask for payment in full at the time you place your order.
Settlement terms
Payment is due within seven days from the invoice date. Thirty day terms can be arranged on application and are subject to status. All overdue amounts will automatically accrue interest daily at a standard rate of 4% above the Bank of England’s base rate. We reserve the right to suspend work or orders immediately should an account become overdue.
Prices and price lists
All quotations are given at current prices but are subject to alteration without notice in accordance with prices ruling at the time of delivery. All price lists and other advertising matter are intended to present only an indication of the type of goods offered and no price or other particulars contained therein shall be binding on us unless expressly included by reference thereto.
Carriage
We normally make no charge for delivery of the goods we supply but reserve the right to charge carriage on special orders. Where pursuant to your orders we specially order goods from manufacturers you shall pay us any carriage charges made.
Guarantee
We give no guarantee on goods supplied by us. However, notwithstanding the foregoing, we hereby give you a guarantee equivalent to such unexpired portion of the guarantee or warranty (if any) received by us from the supplier of such goods. You shall properly use and care for and maintain the goods.
This company will make available upon request information on the design, construction and installation of products to ensure that as far as reasonably practicable they are safe and without the risk to health when properly used. It is the responsibility of purchasers to take such steps as are necessary to ensure that appropriate information relevant to the products and their use is made available to the end user. Our liability under these conditions shall be in lieu of any warranty or condition implied by law as to the quality fitness for any particular purpose or merchantable quality of the goods. No statement made or agreed and no liability undertaken orally shall be binding upon us unless confirmed in writing. Save as provided in these conditions we shall not be under liability whether in contract or arising out of statute or in tort or otherwise for any loss, damage, injury or death arising directly or indirectly from goods supplied by us.
We will guarantee that the work carried out by the company will be to the standard expected and required by B.S 7671 and all other relevant British Standards. Furthermore, we guarantee that for a period of twelve months (or longer if confirmed in writing) we will rectify any faults resulting directly from incorrect or poor workmanship or installation by this company. We will not be liable for faults caused by negligence, misuse or faulty appliances. We reserve the right to withdraw this guarantee should unauthorized third parties install, alter or tamper with any part of the guaranteed system.
Delivery and work commencement dates
Delivery and dates for commencement of works are given in good faith by us to indicate estimated delivery times and start dates but shall not amount to a contractual obligation to deliver or commence work on the date or time given. No liability for direct or consequential loss or damage arising from delay and delivery will be accepted by us. Delivery and or commencement of work dates shall be reasonably extended if delays are caused by industrial disputes or by any cause beyond our reasonable control.
Passing of Title
Title to any goods supplied by us shall not pass on to you until we have received in cash or cleared funds payment in full of the price of the goods and services agreed to be sold by us to you for which payment is then due. Should the goods become the constituents of other products/services we shall have legal ownership of such other products as if they were simply and solely the goods being supplied by us. We shall also have the right to enter your premises to recover any goods supplied by us or other products of which the goods have become part in the event of your failure to pay for the goods and/or services so supplied.
Returned Goods
Materials may not be returned to us without our agreement. Any products which are returned to us for credit must be consigned carriage paid and accompanied by a packing note stating our invoice/quotation number. Should an order for services, materials or both be accepted and subsequently cancelled by the customer, payment for any materials and or restocking/handling charges will become immediately due.
Legal construction
Unless otherwise agreed in writing by one of our partners, the construction validity and performance of any contract arising hereunder shall in all respects be construed and operate in accordance with English Law and shall be subjected to the jurisdiction of the English Courts.
Miscellaneous Terms
Carpets
We will always lift and refit carpets with the greatest of care. We offer no guarantee that carpets once lifted will be refitted to the original standard. We always suggest that the services of a professional carpet fitter are considered.
Chases
Where necessary chases will be created using a professional chasing machine which will also extract most of the dust created. A bonding coat will be applied to a depth just below finished plaster level, ready for a finishing coat to be applied by your decorating contractor. Unless stated in writing, we do not provide a finished plaster coat.
Laminate flooring
We will endeavour to lift and refit any laminate flooring without causing damage. Whilst every care will be taken, we will not be liable for any damage or injury caused by lifting and refitting. We always suggest that the services of a professional laminate flooring contractor be considered.
KDE Email Terms
KDE Ltd Confidentiality Notice:
Our e-mails and any attachments, together with their contents, are strictly confidential and are intended for the named recipient only. If you are not the intended recipient you must not use, disclose, copy, print, forward or take any other action in respect of any e-mail other than to notify the sender immediately of the mistake, and deleting the e-mail, any attachments and any reproductions made by replying to it.
Whilst all reasonable care has been taken to avoid the transmission of viruses, it is the responsibility of the recipient to ensure that the onward transmission, opening or use of any message and any attachments will not adversely affect its systems or data. No responsibility is accepted by KDE in this regard and the recipient should carry out such virus and other checks as it considers appropriate.