TERMS AND CONDITIONS OF SALE FOR THE SUPPLY, DELIVERY AND INSTALLATION OF KITCHEN/BATHROOM FURNITURE, SANITARY WARE AND APPLIANCES.
Definitions
In these conditions the following expressions have the following meanings:
‘the firm’ means Eton Interiors Ltd, 1ST FLOOR, OFFICE 6, PARKSUITES, PARKLANDS ROAD, NAIROBI, KENYA.
‘the purchaser’ means the person, firm or company placing an order with the firm.
‘the goods’ means the kitchen/bathroom furniture/units, sanitary ware, appliances and other items ordered by the purchaser for supply, delivery and installation by the firm and any part or parts thereof, but excludes supply, delivery and installation by the firm of any tiles or tiling which shall be governed by independent contract to be negotiated between the firm and the purchaser.
- Formations of Contract
(a) Orders are accepted subject to availability of materials and confirmation of door finishes chosen.
(b) These terms and conditions shall apply to all contracts and orders placed with the firm and the purchaser. Eton Interiors Ltd will at times use external sub contractors to fit the kitchen cabinets and/or the appliances where and when necessary.
Acceptance by the firm of any order is conditional on the purchasers’ unqualified acceptance of these terms and conditions. If any qualifications or variations are made to 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 manufacturers’ terms and conditions without the necessity of repeating herein. However these terms and conditions shall over ride all conflicting provisions stipulated by the manufacturers in such brochures, catalogues or other literature.
- Conditions
Quotations shall be deemed to be withdrawn unless acceptance is received in writing from the purchaser within 90 days of the date of quotation.
- Deposit
Immediately upon acceptance by the firm of the purchasers’ order, a deposit in the sum specified in the particulars overleaf shall be payable by the purchaser to the firm.
Payment schedule will be written and followed as per agreed terms of payment
Price depends on the Euro rate. Deposit payments on percentages agreed will depend on Euro rate (BUYING RATE) at time of deposit payment
- Non-Fulfilment
All quotations are given, contracts entered into and accepted free of all liability for non-fulfilment caused by circumstances beyond the firm’s control, including acts of God ,Government control, fire ,accidents or other similar cause. In the event of complete non-fulfilment as a result of such circumstances. In this case negotiation directly or via arbitrator will commence in order to compensate the purchaser on deposits paid via clause 3. This would be based on a percentage.
- Prices
Quotations and prices 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.
- Payment
Except where the provisions of clause 7 below apply, payment of the balance of the contract price after deductions of the deposit referred to in clause 3 as per the agreed terms of payment on the order form.
- Payment Supply Only
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 firm. 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 that the goods have been received, interest will run on the sum or sums outstanding from the date of said notification at the rate stipulated in the foregoing Clause.
- Ownership of Goods
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. 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 honoured by the purchasers’ bank.
- Risk
Notwithstanding the ownership of the goods, the risk in the goods shall pass from the purchaser upon delivery to the purchaser’s premises.
- Delivery
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.
- Claims
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, failing which all claims shall be deemed to be waived or absolutely barred.
- Governing Law and Jurisdiction
(a) the contract between the firm and the purchaser shall be governed by Kenya’s 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 or purchaser a respectable company or law company for Arbitration. The decision of such arbiter will be binding on both firm and purchaser.
- Liability
(a) The firm and it’s servants 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.
- Samples and Descriptions
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.
- Storage and demerge
The purchaser is held liable to pay any extra costs of storage and demerge in case the goods are held at the firms address or firm’s suppliers address in case of delay by the purchaser for whatever the reason. This shall be charged on a weekly basis as per agreed price per square foot occupied.
