Definitions

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In these conditions the following expressions have the following meanings:
 

'the firm' means Coast Kitchens & Bathrooms Limited T/A Kitchens & Bathrooms By Coast, 5A Elphinstone Road, Tranent, East Lothian, EH33 2LG.
 

'the purchaser' means the person, firm or company placing an order with the firm.
 

'the goods' means the supply of materials & professional trade services ordered by the purchaser for supply, delivery and installation by the firm and any part or parts thereof.

 

‘the contract’ means the agreement entered by the purchaser to have the goods provided by the firm based on a written quotation or estimate submitted directly to the purchaser and is a clear and straightforward agreement between the purchaser and the firm to form a contract secured by payment of a holding deposit payment by the purchaser to the firm therefore agreeing to the firms' terms & conditions of sale hereof.

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1. Formations of Contract

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(a) Orders are accepted subject to availability of materials and labour.

(b) These terms and conditions shall apply to all contracts and orders placed with the firm and the purchaser. Acceptance by the firm of any order is conditional on the purchaser's unqualified acceptance of these terms and conditions. If any qualifications or variations are made by the purchaser, it shall not form part of the contract unless expressly agreed to in writing by the firm. Furthermore these terms and conditions over ride all clauses or provisions with a contrary intention which may be proposed by the purchaser, unless expressly accepted in writing by the firm.

(c) The purchaser's attention is drawn to the terms and conditions stipulated by the manufacturers of the goods in any brochure, catalogue or literature supplied to the purchaser by the firm. Except in so far as with the provisions hereof, the purchaser accepts and is bound by the manufacturer's terms and conditions without the necessity of repeating herein. However these terms and conditions hereof shall over ride all conflicting provisions stipulated by the manufacturers in such brochures, catalogues or other literature.

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2. Conditions

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(a) Quotations shall be deemed to be withdrawn unless acceptance is received in writing from the purchaser within 90 days of the date of quotation.

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(b) All quotations are calculated on the basis of free access and unimpeded working during the firms normal working hours (8am – 5pm Mon – Fri), unless otherwise agreed. The firm may require access to the project site until 6pm or on a Saturday in which case the firm will gain prior agreement with the purchaser.

 

(c) It is the purchaser's responsibility to arrange planning permission, building control and any utility changes. If planning permission or building warrant is required for the work, the firm may request to see proof that this has been agreed prior to commencement of works.

 

(d) Commencement of the contract is under the assumption of uninterrupted work for the duration of the contract and in accordance with planning permission & building warrant where applicable. The firm will not be held liable for any costs incurred as a result of delays due to unforeseen circumstances

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(e) It is the purchaser's responsibility to ensure that facilities are available on site for unobstructed use by the firm prior to commencement of works. These are to include mains water, WC facilities, 240 volts or 110 volts power supply, adequate parking for up to three commercial vehicles and a clear area for a skip to be situated. The firm must be notified a minimum of 10 working days prior to the commencement of works by the purchaser if any of the aforementioned facilities cannot be arranged.

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(e) No responsibility is taken by the firm for the presence of perished or rotten timber (or any other perished or rotten materials) in existing structures such as doors, windows and frames whether detected or undetected at the time of contract

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(f) No responsibility is taken by the firm for the failure of existing plumbing fittings and / or fixtures (including but not limited to mechanical pumps & valves, boilers, central heating systems, solar systems, ground / air source pump mechanisms) in existing structures. 

 

(g) The firm reserve the right to commission professional photography of works carried out. The firm reserve the right to use these pictures in their portfolio of work, on their website and on various social media platforms for marketing and information purposes. Should the purchaser not authorise the use of these images, the firm should be notified prior to the works commencement date in writing.

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3. Deposit

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Immediately upon acceptance by the firm of the purchaser's order, a holding deposit payment in the sum specified within the issued payment schedule overview shall be payable by the purchaser to the firm. Payment of the holding deposit is formal acknowledgement and acceptance of the firm's terms and conditions hereof by the purchaser. The holding deposit payment in non-refundable except where the provisions of Clause 14 applies.

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4. Non-Fulfillment

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All quotations are given, contracts entered into and accepted free of all liability for non-fulfillment caused by circumstances beyond the firm's control including pandemics, acts of God ,Government control, fire, accidents or other similar cause. In the event of complete non-fulfillment as a result of such circumstances, the purchaser shall be entitled to a return of the deposit payable in terms of Clause .3 above.

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5. Quotations

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Quotations are based on prices applicable at the time they are given or agreed and are subject to variations to take account of any increase or decrease in the costs and or prices which are payable by the firm in complying with it's obligations under the contract. All prices are exclusive of VAT which will be charged at the rate ruling at the date of invoice.

 

The firm will provide the purchaser with a written quotation, which will include sufficient detail for the completion of the works. If clarification is required, it is the responsibility of the purchaser to contact the firm prior to accepting the quotation. Additional works requests can be provided by the firm subject to a written request by the purchaser and at additional financial cost.

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6. Payment

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Except where the provisions of clause 7 below apply, payment of the balance of the contract price after deductions of the holding deposit referred to in clause 3 hereof will be made as follows:

(a) An interim 1 payment in the sum specified in the payment schedule shall be payable by the purchaser to the firm on the 6 weeks prior to works commencement date on the purchaser's premises.

 

(b) An interim 2 payment in the sum specified in the payment schedule shall be payable by the purchaser to the firm on the date of works commencement on the purchasers' premises.

(c) The final payment specified in the payment schedule provided by the firm shall be payable immediately upon installation of the goods. If any of the sums due in terms of paragraph (a) and (b) are not paid in full upon the respective due dates for payment, interest will run on the sum or sums outstanding from the respective due date or dates at a rate equivalent to 5% above Bank of Scotland base rate in force at that time. The purchaser's attention is drawn to the provisions of clause 8 thereof.

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7. Payment - Supply Only Of Materials

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Notwithstanding Clause 6 above in the case of orders placed with the firm by the purchaser for the supply of goods only, payment in full of the whole balance of the price after deduction of the deposit referred to in clause 3 will be made by the purchaser prior to delivery of the goods by the firm or collection of the goods by the purchaser. The purchaser's attention is drawn to provisions of Clause 8. If the balance due is not paid in full immediately after notification by the firm to the purchaser, interest will run on the sum or sums outstanding from the date of said notification at the rate stipulated in the foregoing Clause.

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8. Ownership of Goods

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The goods remain the property of the firm until payment of the contract price in full has been received. Payment in full shall mean payment for the goods and for the cost of all materials, labour and installation including any and all additional works carried out by the firm . For the avoidance of doubt, any sum paid by cheque will not be deemed to have been paid in full until the cheque has been honored by the purchaser's bank.

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9. Risk

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Notwithstanding the ownership of the goods, the risk of the goods shall pass from the purchaser upon delivery to the purchaser's premises.

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10. Delivery

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No responsibility whatsoever is accepted by the firm for any delay in delivery or installation unless the firm specially undertakes in writing to guarantee delivery by a specific date under a penalty.

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11. Claims

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Written notice of any claim arising under, out of or in connection with the contract, must be made within 21 days from the date when the goods are installed, or in the case of supply only of materials 48 hours from date of delivery to site, failing which all claims shall be deemed to be waived and absolutely barred.

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12. Governing Law and Jurisdiction

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(a) The contract between the firm and the purchaser shall be governed by Scots Law. For the avoidance of doubt, performance of the contract shall take place in Edinburgh and shall be constituted by payment to the firm of the contract price there in Sterling.

(b) In the event of default or delay by the purchaser in payment of the price or any part of it, the firm shall be entitled to raise Court proceedings in the Court or Courts of the place of performance or alternately of the place where the purchaser is domiciled.

(c) Except where the provision of paragraph (b) above apply, in the event of any dispute arising between the purchaser and the firm in respect of the goods or of the delivery and installation thereof shall be referred to an arbiter, to be appointed by mutual agreement, nominated at the request of the firm by the Scottish Council for Arbitration. The decision of such Arbiter will be binding on both firm and purchaser.

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13. Liability

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(a) The firm and it's servants and or agents shall not be liable to the purchaser or to any third party for loss, injury or damage of any kind whatsoever arising from or in connection with the performance of the contract or aiding from or in connection with the use of, or failure or defect in the goods supplied, delivered or installed by the firm.

(b) In no circumstances whatsoever shall the firms' liability (in contract or otherwise) to the purchaser, arising under, out of or connected with this contract or the goods supplied, delivered or installed, exceed the contract price of goods concerned.

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14. Ending The Contract

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(a) In addition to any cancellation rights the purchaser may have under either the Consumer Protection (Cancellation of Contracts concluded away from Business Premises) Regulations 1987 – which are set out in the Notice of Cancellation Rights on this page – or under the Consumer Credit Act 1974  - which will be set out in any offer of credit facilities the purchaser receives in connection with the contract – The purchaser will have the right to cancel the contract by sending or delivering written notice of cancellation to the firm within 14 days following the making of the contract. The firm strongly recommends that any cancellation notice sent via recorded delivery or obtain a receipt for any notice delivered by hand.

 

(b) The firm have the right to cancel the contract by sending or delivering a written notice of cancellation, together with a refund of any monies paid by the purchaser to the firm within 14 days of the making of the contract.

 

(c) The purchaser is reminded of the circumstances in which termination of the contract may take place without either party being in breach of contract as set out in Clause 4

 

(d) Should the purchaser fail unlawfully to take delivery of the goods or perform any essential obligations under the contract or fail to take delivery or so perform within any time provided in the contract, the firm, without limiting any other rights the firm have, may treat the contract as terminated and;

 

(i) Any monies paid to the firm shall be forfeited;

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(ii) The purchaser will be liable to the firm for the loss of profit under the contract and as such other reasonable and foreseeable    losses as the firm may suffer and such losses shall be paid by the purchases immediately.

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(iii) The firm shall be entitled to dispose of the goods as it sees fit.

If the firm fail unlawfully to deliver and / or install the goods or to perform any essential obligations under the contract, the purchaser shall likewise be entitled to treat the contract as terminated and seek the reasonable and foreseeable losses incurred as a result.

 

 

15. Samples and Descriptions

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No warranty whatsoever is given by the firm that the goods supplied, delivered or installed shall correspond with any sample, example or model and the provision on any description or illustration to purchasers or prospective purchaser is not intended to provide them with a contractual specification of the goods to be supplied, delivered or installed by the firm, nor to constitute a sale by example or by description.

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16. Guarantees

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The purchaser will be provided a full guarantee on the firm's workmanship for a period of 12 months from the date the purchaser makes the final payment to the firm stipulated in the payment schedule overview. Guarantees on materials and products installed run in accordance with manufacturer’s warranty periods where applicable and should be contacted directly by the purchaser. The firm's guarantee covers all new work and new materials used in construction or repairs, but does not guarantee the integrity of any existing structures, materials or decorations. In the event of a failure beyond the guarantee period the firm will investigate the cause and negotiate a solution to the problem without delay and carry out any agreed repairs as soon as possible. Charges will apply for remedial work carried out beyond guarantee dates or to items not covered by the firms' guarantee. The purchaser should note that any decoration carried out as part of the contract is signed off on completion by the purchaser and is exempt from the firm's 12 month guarantee period.

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