Terms & Conditions
Definitions
‘We’, ‘us’, ‘our’, ‘GKC’, ‘the company’ means Grappenhall Kitchen Company Limited a company registered in England and Wales under company number 118431146. Our registered office is at: 114 Knutsford Road, Grappenhall, Warrington, WA4 2PL. Our VAT number is: 322919601.
The ‘Customer’, ‘You’ or ‘your’ means the person buying goods or services from GKC, who is identified in full in and who signs the contract.
The ‘Contract’ or ‘Agreement’ means any contract for design, sale of goods or services by GKC to the customer.
The ‘Goods’ means any goods forming the subject of this contract, the kitchen furniture, appliances, bespoke wooden furniture and other items ordered by the Customer for supply, delivery and/or installation by the Company.
‘On Site’ means the address you contract us to complete the work at and for.
The ‘Terms’ means these terms and conditions, as amended online from time to time.
‘Third Party Contractors’ means contractors who are not associated with us, and are hired by you.
1. Acceptance of these terms
1.1. These Terms & Conditions are agreed as accepted by the customer once the Contract Agreement has been signed by the customer.
1.2. These terms and conditions apply only if you are buying services from us as a consumer (i.e. for purposes outside of your business, craft or profession).
2. Ordering services from us
2.1. Below, we set out how a legally binding contract between you and us is made.
2.2. Once we have discussed your requirements with you, and obtained any necessary further detail and clarification of any matters from you, we will prepare and sign a Quotation and send it to you by email or first class post, if you do not have email.
2.3. Your Quotation will set out the amount of the quoted price, the required £1000.00 deposit and remainder payments required and timescales.
2.4. When you decide to place an order for services with us, this is when you offer to buy such services from us.
2.5. We may contact you to say that we do not accept your order. If we do this, we will try to tell you promptly why we do not accept your order. This is typically for the following reasons:
2.5.1. We cannot authorise your payment;
2.5.2. There has been a mistake on the pricing or description of the services; or
2.5.3. We cannot carry out the services (for example, because we have a shortage of staff).
2.6.1. You approve the Quotation with your digital or written signature dated within 90 days of your project start date;
2.6.2. You approve the Final Design plan with your digital or written signature; and
2.6.3. We receive £1000.00 Deposit.
3. Design
3.1. We use a computer aided design software system to produce a 3D design image. The intention is to provide a photo-realistic image of your finished project. Your project will be as close to this as possible although it is not an exact replica of the computer aided design image.
3.2. If you are unsure of any aspect of the design, measurements or any technical or other aspect of the design, you should raise any query with us to enable us to have an opportunity to clarify any matter and/or amend your design if it is necessary to do so.
3.3. The design will be based on the style and colours you choose. Cabinets, work surfaces and appliances will be based on catalogue pictures/images. The shape, light and space in the room all influence the choice of colours/surfaces meaning each completed project may look slightly different.
3.4. The Final Design plan confirms what you are getting (i.e. furniture and appliances) and where it is located. The Final Design will supersede and replace all versions of provisional designs and all information, materials and requirements which you or we have previously communicated to each other. This will form part of your contract.
3.5. The Final Design, as approved by you that it meets your requirements, will form the basis of any Fitting and/or Supply Services that we provide to you. When you agree and confirm the Final Design that will be completed by us of the Design Services.
4. Confirmation of order
4.1. Confirmation of your order will only be sent to our suppliers when all details have been agreed with GKC, the deposit has cleared in our bank account and the 14-day cancellation period has passed. You now have a legal binding agreement with GKC.
4.2. The only exceptions to this are written confirmation from you to start carrying out the services within the 14-day cancellation period or goods made especially for you. This includes Mackintosh kitchens which require full payment for furniture prior to GKC placing the order with the manufacturer.
https://www.grappenhallkitchens.uk/request-form-for-services-to-be-provided-during-the-cancellation-period/
5. Carrying out of the services
5.1. We must carry out the services by the time or within the period which you and we agree (either with us or in writing). If you and we have agreed no time or period, this will be within a reasonable time.
5.2. Our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, we will try to restart the services as soon as those events have been fixed. Examples of events which might be beyond our reasonable control include:
5.2.1. you change the services, and this means we have to do extra work or wait for extra materials;
5.2.2. we have to wait for your other providers or Third Party Contractors to complete their work before we are able to carry out the services;
5.2.3. materials are not delivered at the time agreed with the supplier of the materials (and we cannot obtain a replacement within a reasonable time or the price charged by a supplier is much higher than the original charge);
5.2.4. we cannot access the site at the times we agreed with you;
5.2.5. you have not prepared the site in the way we agreed with you;
5.2.6. availability of trades people; or
5.2.7. poor weather conditions;
5.3.1. we have not provided an estimate to you and cannot work out what materials are necessary until we start carrying out the services;
5.3.2. where we have provided an estimate, it might not have been possible to work out what materials we needed at the time we provided the estimate to you and this might only be revealed when we start carrying out the services;
5.3.3. whether or not we have provided an estimate, the condition of an item or the area where the services are being carried out might become apparent only when we start carrying out the services and it might not have been possible to establish it until that point
6. Change Order Procedure
6.1. All order changes; design, product or location changes must be confirmed in writing by you to GKC, this may incur fees and alteration to agreed dates for completion.
6.2. You will be notified in writing if there are any additional charges.
6.3. No addition or alteration will be valid unless agreed in writing by GKC.
7. Changing the Start Date
7.1. If you ask us to change the start date, we will where reasonably possible agree a revised start date with you.
7.2. We require a minimum of 10 working days prior to the start date of preparation work and/or the kitchen installation date (whichever is the earliest date) if you wish to alter the start date.
7.3 The only exceptions to this are Mackintosh kitchens which require a minimum of 17 working days’ notice to rearrange the planned kitchen delivery date. Under 17 days’ notice will incur the manufacturer storage charge of £20 + VAT which is a daily charge payable until the kitchen is delivered. This charge is determined by the manufacturer not GKC.
8. Sizes, quotes and confirmation of order
8.1. Quotations shall be deemed to be withdrawn unless a contract is agreed and signed within 60 days of the date of the quotation.
8.2. We will adhere to all measurements and sizes as reasonably practicable, but we will not be liable for deviations from this which are not level, flat or plumb. All information provided to you by us will be in good faith and as accurate as possible.
8.3. It is up to the customer to ensure all sizes, shapes, and details on the quote are correct for what you need. GKC will not commence your order until you have confirmed your quotation is correct.
8.4. Colour accuracy of website products cannot be guaranteed due to the image reproduction process.
9. Right to Cancel this contract
9.1. Under the Consumer Contract Regulations, you have the right to cancel this contract within 14 days without giving any reason.
9.2. For any off the shelf product these rules apply. If the product has been delivered to you it must be returned in a good and resalable condition at your expense.
9.3. These rules and the right to cancel do not apply for any goods made specific to the customers’ requirements, for example kitchen doors or units. This is applicable also to work surfaces as they are all ordered specifically to the customers’ requirements, therefore there is no right of cancellation for any work surfaces.
9.4. The cancellation period will expire after 14 days of the conclusion of the contract.
9.5. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement by email. You can use the model cancellation form attached to these Terms (on our website) but it is not obligatory.
https://www.grappenhallkitchens.uk/model-cancellation-form/
9.6. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
9.7. We will wait until the 14-day cancellation period in this clause is over before we start to carry out the services, unless:
9.7.1. you want us to carry out the services during the 14–day cancellation period;
9.7.2. we have agreed to do so, and
9.7.3. you have signed a written confirmation (attached to these terms) and delivered it to us via email, (if you do this, the written confirmation which you sign will form part of this contract as though set out in full here).
https://www.grappenhallkitchens.uk/request-form-for-services-to-be-provided-during-the-cancellation-period/
10. Effects of cancellation
10.1.1. If you cancel the contract within the 14-day cancellation period, and the computer aided design visuals have not been released, you will be refunded £750;
10.1.2. If you cancel the contract within the 14-day cancellation period, and the computer aided design visuals have been released, you will be refunded £500;
10.1.3. If you cancel after the 14-day cancellation period, the £1000 is non-refundable;
10.2. We will make any reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
10.3. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
10.4. If the services are completed within the 14-calendar day cooling off period, you will lose the right to cancel once the Services are completed.
10.5. If you cancel the Agreement after provision of the services has begun, you will be required to pay for the services supplied up until the point at which you inform us of your wish to cancel. Immediate payment for outstanding monies will be requested.
10.6. This does not affect the rights you have if your services are faulty. See clause 31 below.
11. Price, Charges, Payment and VAT
11.1. We will let you know the basis of calculating the charges for the services and related goods (and any extra charges such as delivery charges) to the fullest extent we can when you place an order with us.
11.2. All prices are exclusive of VAT, except where expressly stated otherwise and are to be paid in pounds sterling (GBP) (£).
11.3. We accept bank transfers, debit cards and credit cards for payment. Bank transfer is the preferable method of payment. All payments by credit card or debit card need to be authorised by the relevant card issuer. As credit cards take longer to clear in our bank account, we need to be informed at contract signing if you intend making any payments by credit card. Cash and cheques will be accepted by exception only on agreement with us. We need to be informed at contract signing if you intend making any payments by cash or cheque.
11.4. We charge for our services on a Quotation basis (i.e. we promise to carry out the services at a fixed price). The quoted price for any particular services will be the price payable for those services as shown in the accepted quotation for those services.
11.5. The quoted price is exclusive of VAT. If the rate of VAT changes before you accept the quotation, we will adjust the amount of VAT that you must pay
11.6. If you order our preparation work and installation services, the price given for these services provided on your quotation are an estimate only. The invoices will reflect the exact cost for work completed. This applies to all trade services we supply:
11.6.1. Electrical
11.6.2. Plumbing;
11.6.3. Plastering; and
11.6.4. Building; etc.
(This list is by no means exhaustive).
11.7. If the scope of work changes, or the amount of services you need us to carry out increases or is different from what we and you agreed before we started carrying out the services; or when we carry out the services, it becomes clear the extent of services we will need to carry out is different from what we agreed before we started carrying out the services and we could not have reasonably foreseen this, then a quotation will be provided for the change in work/additional work.
11.8. Acceptance of the quotation cannot be considered until we receive the £1000.00 deposit in full.
11.9. We will invoice the deposit when we receive your acceptance of the quotation, and we will invoice the balance at the stages set out in the quotation. Invoices may be sent ahead of due payment dates.
11.10. Subject to clause
11.10.1 Subject to clause 11.10.2 below, You will be liable for the outstanding balance (less the Deposit already paid) from the date GKC places the order for goods (including kitchen furniture and appliances) with the manufacturer(s). If the balance is not paid when requested (usually 8 days prior to delivery and GKC reserve the right to alter this time period at any time, and Mackintosh kitchens require full payment prior to GKC placing the order with the manufacturer) GKC reserve the right to terminate the contract with immediate effect. GKC will use its reasonable endeavours to cancel any orders and trades, and pass on any savings achieved, however you will be liable to pay the full amount outstanding without any deduction set off or counterclaim.
11.10.2 GKC will not be liable for any costs incurred by the Customer due to the cancellation of the order or termination of the contract. The Customer will also be liable for immediate payment for all work completed to date and all goods made specific for the customer.
11.11 Payment for preparation work (plastering, electrics, building work) is due as per your invoice. If the preparation week is more than one week, payment each week is required to reflect the value of work completed so far. Separate invoices may be sent, at any time as work is completed, for example by different trades.
11.12 Payment for the installation and fitting of the kitchen is invoiced and payable on a weekly basis, for work completed to date.
11.13 Supply only kitchens will require full payment at the point of ordering.
11.14 If the customer chooses to delay delivery, the final balance is payable on the original agreed delivery dates as per the Installation Schedule/Itinerary details. Mackintosh kitchens with less than 17 days’ notice to delay delivery will also incur the manufacturer storage charge of £20 + VAT which is a daily charge payable until the kitchen is delivered.
11.15 Payments are not to be withheld from GKC in the event of:
11.15.1 contractors (arranged by the customer) not yet having completed their work, i.e. tilers;
11.15.2 delays to installation by the customer.
11.15.3 Remedial and snagging work.
11.15.4 Replacement materials, i.e. cupboard doors.
11.15.5 We are unable to access the property, i.e. customer on holiday.
11.16 Invoices are payable within 24 hours of receipt. You must pay any invoice for an amount other than the Deposit within 7 days of receiving it, latest.
11.17 If your payment is not received by us by the due date, we hold the rights to stop work until payment has been made.
11.18 Interest:
11.18.1 If your payment is not received by us by the due date, we may charge you interest on any balance outstanding at the rate of 8% above the Bank England’s base rate. Interest will accrue on a daily basis from the due date until the actual date of payment.
11.18.2 If you have promptly contacted us to dispute an invoice in good faith, we will not charge interest while such a dispute is ongoing.
11.19.1 For the purposes of this contract “Full day rate” means £250 (plus VAT) per tradesperson.
11.19.2 If, for any reason, we are stopped from working on site by you without being allowed to immediately remove our tools and other personal property, we shall charge you our Full day rate. This charge is per day, including weekends and bank holidays until all items have been returned.
11.19.3 If our provision of services is delayed by any Third Party Contractor(s), we have the right to charge you our Full day rate, for the length of time we are delayed.
12. Retention of title
12.10 The fittings or products installed remain the property of GKC until paid for in full, which includes the cost of all materials, labour and installation. For the avoidance of doubt, any amount, regardless of payment method will not be deemed to have been paid in full until the funds are showing in GKC’s bank account.
12.11 The Customer hereby agrees and authorises GKC, its sub-contractors or tradesmen to allow access to the property, without any notice, to remove any products installed if payment of the total amount is not made in full.
13. Events Outside of Our Control (Force Majeure)
14. Delivery Dates and supply of services
14.10 GKC makes every effort to deliver goods as requested at the time the order was placed. For delays or conditions outside of our control we will not accept any liability for delivery outside a previous agreed time frame or date.
14.11 The customer cannot decline late delivery if we are unable to deliver on the agreed date or we have problems with manufacturers.
14.12 We recommend that if you are arranging independent tradesmen to carry out work that you do this only after goods have been delivered. We will not be responsible for any losses incurred for late delivery.
14.13 If there is any ‘on site’ delay caused by the customer or third party, GKC reserve the right to extend the preparation or installation time frame.
14.14 Items not delivered by a Third party or the customer may result in additional charges if they are critical to the installation. GKC will not be liable for any inaccuracies that occur for the items not delivered and us having to work out of sequence to complete the rest of the installation.
14.15 We shall provide reasonable endeavors to meet the estimated timescales by us, but these remain estimates only.
15. Goods and damages
15.10 It is GKC’s responsibility to check all furniture items for damage on delivery and to inform the delivery driver of any immediate damages or within 24 hrs.
15.11 If goods are damaged during delivery, GKC will endeavor to repair or replace the items as soon as possible but cannot be held responsible for any further costs you may incur.
15.12 No claims for loss or damage can be made after this 24-hour period. The only exception to this is the risk of damage to the goods caused by GKC during the installation.
15.13 Damage that is caused to goods after installation will be at the risk of the Customer.
15.14 We are not responsible for any pre-existing faults or damage in or to your property that we may discover while providing the Services.
15.15 We accept no responsibility for damage or breakage related to:
15.15.1 Other tradespersons not working directly with or recommended by GKC;
15.15.2 Tradespersons employed directly by the customer;
15.15.3 Indirect access or thoroughfare to the kitchen area, for example if the customer requests a longer access route to the kitchen area if a more direct route is available;
15.15.4 Installation of existing or second hand appliances;
15.15.5 Lack of storage space for items delivered which requires items to be moved or stacked by us; and
15.15.6 Any attempt to modify/alter work completed previously or currently by other tradespersons unrelated to GKC.
15.16 We accept no responsibility for any damage resulting from structural or other defects in the property at which the installation is being carried out.
15.17 Goods not ordered by GKC are the responsibility of the customer.
15.18 No claims for damages can be made by the customer after installation, as installation of the goods and materials constitutes acceptance of the product in its current state.
15.19 Any work carried out on the work surfaces constitutes acceptance of the work surfaces. As work surfaces are custom made orders and not cancellable, you must make sure the information and materials provided by you (plan, design, sizes) and us (items listed in our quote) are correct prior to placing an order.
15.20 Instances where loss or damage has occurred, the customer must inform GKC exactly what the problem is and provide unrestricted access to review and rectify the situation.
15.21 The customer accepts that liability for damages does not extend beyond the repair if possible, or replacement if necessary, of the damaged product and adjacent products as far as it is reasonably practicable.
15.22 Any complaint or claim by the Customer for compensation for any damage or alleged damage by GKC, for which it may or may not be liable under these terms and conditions, must be made in writing to reach GKC within 7 days of completion of the installation/supply. If such complaint or claim is not received within 7 days, GKC will accept no liability whatsoever.
16. Natural products
17. Installation
17.10 The Customer will provide access to the premises to any member of the Company, its contractors and tradesmen at all reasonable times so that GKC may complete the installation and/or supply in accordance with the contract.
17.11 The tradesmen recommended by GKC are not employed by us. The work will be estimated for in our design, but they are responsible for their own work. They will be supervised by GKC.
17.12 We will make good any damage caused in the course of installation to the plaster, floor rendering, or brickwork immediately surrounding any area of the room, but we do not undertake to replace specialised finishes such as artex, surrounding wallpaper or paintwork. When making good this work, we will attempt to match existing materials, but we reserve the right to substitute other materials.
17.13 Installation work may cease if it is identified or suspected there is a situation which may be hazardous to life or property. GKC reserves the right not to continue until the situation is made safe.
18. Remedial, Snagging and Additional Work
18.10 Remedial or snagging work for completion of your kitchen/project is included in our service. For the avoidance of doubt the nature of remedial/snagging work is determined by GKC. Any further return visits may incur a cost.
18.11 If the final payment is due before the remedial or snagging works are complete, payment cannot be withheld.
18.12 Additional work requested by the customer, not on the initial quote, may take additional time and/or cost. Non completion of the additional work by the time of installation is not a reason to withhold payment.
18.13 The working week is Monday to Friday. If you require additional work to be completed Saturday, Sunday or Bank Holidays an additional charge may be required.
19. Intellectual Property Rights
19.10 All design right, copyright, patent rights and other intellectual property rights in all designs drawings, goods or documents produced or supplied by GKC shall be owned by GKC, even if they have been commissioned by the Customer.
19.11 You may use any such items or information for the sole purpose of implementing our design for your kitchen, but you may not copy, reproduce or communicate to any third party any such item or information or use it for any other purpose, without our prior written consent.
19.12 Upon receiving full payment, you can ask for a full licence to use the design visuals.
19.13 Any samples, design, descriptions or images on our website, brochures or other advertising are published for the sole purpose of providing an approximation of our services. They do not form any part of the contract.
20. Your privacy and personal information
20.10 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
20.11 Our Privacy Policy is available on our website: https://www.grappenhallkitchens.uk/privacy-policy/
21. Website
21.10 The Company will attempt to ensure that the information available on the website at any time is accurate. However, the Company shall not be liable for any errors or omissions.
21.11 The Company will use all reasonable endeavors to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
21.12 The copyright in the material contained in the website and any trademarks and brands included in that material belongs to the Company or its licensors.
22. Limitation of liability
22.10 Nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer under local law or other statutory rights.
22.11 If GKC has supplied the goods only, GKC is not responsible or liable for any installation errors, poor workmanship or damage.
22.12 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any losses that:
22.12.1 were not foreseeable to you and us when the contract was formed;
22.12.2 that were not caused by any breach on our part; and
22.12.3 losses to non-consumers.
22.5. GKC assumes that all information, measurements and facts that you provide are accurate and true and will not accept liability for any loss or damage where we reasonably perform our services in reliance on these. We will be responsible for any measurements we make or provide.
22.6. We are not liable for losses, costs, damages or expenses (direct or indirect) incurred by the customer or any third party if we do not meet any estimated installation dates.
22.7. GKC may withdraw at any time. GKC will not be liable if you are required to pay an increased cost from a different supplier to purchase a similar kitchen/units.
22.8. There can be no claims for disruption to lifestyle.
22.9. Whilst we aim to provide the services to you according to the timetable specified in the Contract Agreement, dates and time frames for delivery for products and carrying out the Services are provided for guidance only and we do not guarantee that the services will be performed or completed by or within those or any other dates or time frames. For the purposes of the Contract Agreement, time shall not be of the essence, and we will not be liable for any loss or damage you suffer as a result of the delivery of any of the Services being delayed or postponed for any reason.
22.10. Except to the extent permitted by law, GKC will not be liable to the Customer for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any negligence or breach of the contract on our part and we shall have no liability to pay any money to the Customer by way of compensation other than to refund to you the price you have paid to us
23. Guarantees
23.1. The kitchen furniture, doors, units, handles and hinges come with a guarantee.
23.2 Furniture doors, cabinets and handles come with a 5-year guarantee. The exceptions to this are Mackintosh kitchens which come with a 20-year guarantee on cabinets, hinges and drawer boxes and a 15-year guarantee on doors and Jigsaw kitchens which come with a 10-year guarantee.
23.3 Most laminate worktops come with a 5-year guarantee and solid wooden worktops a 6 month guarantee but this can vary depending on the manufacturer.
23.4. Appliances supplied by GKC will have a manufacturer’s warranty which will be specific to the manufacturer and only valid once registered by the customer within the manufacturers specified time frame.
23.6. GKC will not be liable if the customer fails to register any warranties or guarantees.
23.7. The kitchen installation warranty is 2 years (provided you use our installation team).
23.8. If a defect occurs during the warranty period which is due to faulty workmanship by GKC, we will repair wherever possible, or replace the faulty item. We will not charge you for remedying problems under this section where the problems have been caused by us. We must be able to inspect the goods personally to check the workmanship. It is not sufficient to gain an opinion solely from the manufacturer or a Third Party who may not have the expertise on the product or installation.
23.9. GKC will not be liable for any alleged faults unless we have inspected the goods. If after inspection, the goods have been found to be defective due to the Customer’s own misuse, tampering or lack of maintenance during the warranty period, GKC will not be held liable.
23.10. To the fullest extent permitted by law, any and all guarantees supplied by GKC shall be immediately null and void if invoices are not paid in full within 30 days of being issued.
24. Third Party Contractors
24.1. Where we or you identify that in order to implement the project, there are services or products needed in addition to the services GKC provide, the following will apply.
24.2. We acknowledge that you may decide to appoint Third Party Contractors to carry out those additional services. It will be your decision as to whether to appoint any Third Party Contractor(s) and as to which Third Party Contractor(s) to appoint. We will not be involved in the appointment of such Third Party Contractors. If you choose to appoint a Third Party Contractor, the contract in that case will be between you and the Third Party Contractor. We will not be a party to that contract.
Where we are required to cooperate with any Third Party Contractor(s), we will use reasonable efforts to do so and to ensure that the services are provided in accordance with the Agreement.
24.3. We will require you to use reasonable efforts to keep us informed of the progress of the project and in particular the activities of any Third Party Contractor(s) whose work may affect our provision of the services (whether adversely or otherwise).
24.4. You will be responsible to ensure that your builders / contractors adhere to the measurements and other material features covered by our survey report.
24.5. If your Third Party Contractors complete their works but they have not adhered to the measurements and other material features covered by our Final Design, there might as a result be material differences between the finished kitchen space and the details set out in our Final Design, in particular because walls, surfaces, floors, ceilings, doors, windows may have been unknown or not completed when we carried out the survey or took the measurements.
24.6. If there are any such material differences, the customer will bear any additional costs and expenses arising from them.
25. Disclaimers
25.1. Whilst every effort has been made to ensure that all descriptions of services and photographs of products/designs correspond to actual products or services supplied by GKC, Grappenhall Kitchen Company is not responsible for any variations from these descriptions.
25.2. For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.
26. Termination, Effects of Termination and End of the contract
26.1.1. We have breached the Agreement in any material way and have failed to remedy that breach within 14 days of you asking us in writing to do so;
26.1.2. We enter into liquidation or have an administrator or receiver appointed over our assets; or
26.1.3. We are unable to provide the services due to an event outside of our control (see ‘carrying out the services’ above and our Terms & Conditions)
26.2.1. You fail to make a payment on time as required;
26.2.2. You have breached our contract in any material way and have failed to remedy that breach within 7 calendar days of us asking you in writing to do so; or
26.2.3. We have been unable to provide the Services for more than [6] weeks due to an event outside of our control.
26.3. For the purposes of this contract ‘material’ means not minimal or trivial in its consequences to the terminating party. In determining materiality no regard will be had to whether a breach was caused by mistake, accident, mishap or misunderstanding.
26.4. This contract will terminate on completion of the installation and agreed snagging / remedial works.
26.5. If at the termination date you have made any payment to us for any services we have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice;
26.6. If at the termination date we have provided services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, we will invoice you for those sums and you will be required to make payment within 14 calendar days of the termination notice.
27. Effects of Termination
27.1.1. it will not affect our right to receive any money which you owe to us under this contract;
27.1.2. any clauses which either expressly or by their nature relate to the period after the expiry or termination of the contract will remain in full force and effect; and
27.1.3. it will not remove or reduce any right to damages or other remedy which either you or we may have in respect of any breach of the contract which exists at our before the date of termination.
28. Faulty services
28.1.1. speak with our representative and ask for our information sheet: ‘Our promises to you’
28.1.2. visit our website: https://www.grappenhallkitchens.uk/our-promises-to-you/
28.1.3. contact us using the contact details at the top of this contract; or
28.1.4. visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.
28.2. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
28.3. If the services we have provided to you are faulty, please contact us using the contact details at the top of this contract.
29. After sales service
29.1. We will return to fix any snagging or remedial works as agreed in the Completion Works.
29.2. We can be contacted for any issues regarding work completed by us. If required we will return to site to review the issue, resolve wherever possible if the issue lies with work carried out by us, or advise on next steps if the issue does not lie with us.
29.3. All products come with individual guarantees as set out in our Terms & Conditions. Appliance, Cosentino/Silestone/Dekton and Natural Stone Quartz guarantees are only valid once registered by the customer.
30. Disputes, Complaints, Feedback and Legal
30.1. We always welcome feedback from our customers and, while we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
30.2. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with:
32.2.1. the services;
32.2.2. our service to you generally; and
32.2.3. any other matter.
30.3. Please contact us as soon as possible in one of the following ways:
30.3.1. By contacting us by telephone on 01925 96 7656
30.3.2. By email to grappenhallkitchens@gmail.com
30.3.3. In writing, addressed to Grappenhall Kitchen Company, 10 St Anne’s Avenue, Grappenhall, Warrington, Cheshire, WA4 2PL.
30.4. If you and we cannot resolve a dispute using our internal complaint handling procedure (as set out in our Installation Guide, which we have provided to you by email), we will:
30.4.1. let you know that we cannot settle the dispute with you;
30.4.2. give you certain information required by law about our alternative dispute resolution provider who can be found at www.dispute-assist.co.uk; and
30.4.3. In the event of an unresolvable issue, you can refer your case to our nominated, independent, alternative dispute resolution provider through QASSS Ltd t/a Dispute Assist. Dispute Assist can be contacted at: 11th Floor, 3 Piccadilly Place, Manchester, M1 3BN, 0161 676 0921 or via email at disputes@qasss.co.uk
30.5. The parties agree that, in the event of a dispute, we will attempt to resolve the dispute through using our nominated alternative dispute resolution services. This does not affect the consumers right to take legal action through the courts.
30.6. This Contract is subject to the law of England and Wales and subject to the agreement of the parties to attempt to resolve a dispute through alternative dispute resolution, the courts of England and Wales shall have exclusive jurisdiction to hear any dispute arising from this Contract.
30.7. If any Court, ombudsman or any other competent authority decides that any aspect of any term of this Contract is invalid or unenforceable, that aspect of that term shall be severed from the Contract and shall have no effect on the remainder of the Contract.
30.8. If you want to take court proceedings, the relevant courts in the part of the United Kingdom where you live will have non-exclusive jurisdiction in relation to this contract.
30.9. The laws of England and Wales will apply to this contract.
