Terms & Conditions
1. Definitions and Interpretation
''The Company'' means HK Interiors Ltd ''the contract'' means the Contract whereby the company agrees to supply goods and/or services subject to these conditions “the Customer” means the party contracting hereunder with the Company; “the goods” and “the services” means respectively the goods and services to be supplied hereunder “the Contract Documents” means any quotation or estimate provided by the Company together with the customer’s order and the Company’s acknowledgement of order and these Conditions provided always that if there be any conflict between any of the Contract Documents then the terms and conditions set out herein shall prevail.
2. Basis of Contract
2.1 Any quotations shall remain open for a maximum period of thirty days from the date appearing thereon and may be withdrawn or altered by the Company at any time within such period without notice.
2.2 Any quotation submitted by the Company amounts to an invitation to treat and not an offer. The placing by the customer of any order (whether or not any quotation may have been submitted) shall constitute an offer by the Customer, The Contract shall not be taken to have come into existence unless and until the Company shall have received and accepted the Customer’s order. Acceptance by the Company shall be deemed to include acceptance of these conditions, which shall form the conditions of the Contract and shall apply the exclusion of any terms or conditions put forward by or on behalf of the Customer.
2.3 Unless otherwise agreed in writing by a director of the Company, these Terms and Conditions shall prevail over any other terms of business or purchase conditions put forward by the Client. No variation or alteration of these Terms and Conditions shall be valid unless approved in writing by a director of the Company.
3.1 If the Company’s performance of the Contract is interrupted or hindered for any reason other than the default of the Company, then the Customer may be responsible for additional costs and/or losses caused by such delay and hindrance.
3.2 Should variations to the specification upon which the Order Acceptance has been signed arise during the works requested by or on behalf of the customer than any extra costs incurred due to these changes will be chargeable to the customer unless agreed in writing with a Director.
4.1 All prices quoted are subject to the addition of value added tax and any other tax, levy, duty or surcharge applicable. Tax will be charged at the prevailing rate on the day of invoice.
5.1 The Company’s invoices are due for payment 7 days from date of invoice.
5.2 Except as otherwise expressly agreed in writing, no discount or allowance can be claimed by the Customer.
5.3 When payment of any of the company’s invoices is overdue, the Company reserves the right to:-
5.3.1 Suspend its performance of the Contract to which the invoice relates and/or of any other contracts then subsisting between the Company and the Customer and
5.3.2 Debit and recover from the Customer simple interest on the amount overdue at the rate of 5% over the base rate of The Bank of England as applies from time to time.
5.3.3 Require the Customer to make a deposit of such sum as the Company considers appropriate before recommencing performance of the contract or any other Contract.
6. Variation and Cancellation
6.1 The terms of the Contract may not be varied nor may it be suspended or cancelled without the prior written consent of the Company.
7. Time for Performance
7.1 No provision or stipulation as to the time within which the Company shall perform its obligations under the Contract shall be, or be deemed to be, of the essence of the Contract.
7.2 The Company shall not be liable to the Customer, if and to the extent that the Company’s performance of its obligations under the Contract is delayed by circumstances outside the Company’s reasonable control whatsoever and howsoever and wheresoever's and whensoever's arising. Factors beyond the company’s control control include (but are not limited to) acts of god, floods, severe weather conditions, inability to gain access to premises, lack of appropriate resources, such as water, electricity, and lighting, factors associated with external/client’s contractors, late arrival of Company operatives at the service address. The Company endeavours to be right on time on any visit but sometimes due to transport related and other problems which are beyond the Company’s control, the Company operative’s may arrive with a delay or the site visit may be re-scheduled.
7.3 In the event that the Company’s performance of the Contract is delayed be reason of matters outside its reasonable control for any period of time, then the Company reserves control for any period of time, then the company reserves its right to adjust its price to such amount as it may consider reasonably appropriate in the prevailing circumstances.
8.1 For a period of 6 months from the date of delivery of the goods, the Company will at its option either repair or replace goods which are accepted by it to be defective by reason of faulty workmanship and/or materials, provided that the defect has been notified in writing to the Company within a period of 30 days after it has or should have become apparent.
8.2 In the case of services provided by the Company, where a defect appears within a period of 6 months after completion of the services (by handing over the completed works to the Customer) and which defect is accepted by the Company to be due to faulty materials and/or workmanship, not in accordance with the Contract, then the Company will make good at its expense such defective services provided that the defect has been notified to the Company in writing within 30 days of it having become apparent or when it should have become apparent.
8.3 Any goods replaced hereunder shall become the property of the Company and held by the Customer to the Company’s order.
8.4 The Company’s warranty set out herein is given in lieu of and excludes all other warranties, guarantees and assurances, whether express or implied and whether statutory or otherwise.
8.5 The warranty herein will be invalidated by any alteration or addition to the goods supplied, or the services performed by the Company which are not carried out by or with the written consent of the Company.
8.6 The Client agrees to allow the Company back to make good any disputed areas/items before making any attempts to rectify those areas/items himself or arranging a third party to carry out repair services with regards to the above. Failure to do so will void our Company Guarantee and we will consider the matter fully settled.
9. Consequential and Indirect Loss
9.1 Except where negligence on the part of the Company is shown to have resulted in the death of or bodily injury to any person, the Company shall not be liable for any consequential or indirect loss or damage suffered by the Customer.
9.2 All irreplaceable (whether monetarily or sentimentally valuable) or fragile items are be stored away by the customer and /or not present in the site area during the works to avoid any accidental damage.
10. Descriptive Matter
10.1 Descriptive matter contained in catalogues, brochures and any other publication is believed to be correct as at the date of publication but is not so warranted and the Customer is advised to make his own examination.
10.2 Colour indications whether given by means of the provision of samples or derived from colour charts or descriptions, are necessarily approximate because of inevitable variations in the process of manufacture and reproduction.
11. Passing of Property and Risk
11.1 The risk in goods supplied by the Company shall pass to the Customer on delivery of the goods.
11.2 Notwithstanding delivery, property in and title to the goods shall remain in the Company (which reserves the right to dispose of them) until the Company has received payment of the full price of (a) all goods the subject of the Contract and (b) all other goods supplied by the Company to the Customer under any other Contract whatsoever.
11.3 Subject as herein provided the Customer shall nevertheless be entitled to deal with the goods in the ordinary course of business provided that if the goods are altered or any goods become attached to the goods or if any part of the goods is replaced, such alterations attachment or replacement shall not affect the Company’s property in and title to the goods.
11.4 Until property in and title to the goods passes to the Customer:-
11.4.1 The Customer shall hold the goods as Bailee for the Company and shall keep the goods in such a way that they are readily identifiable as the property of the Company.
11.4.2 The Company shall be entitled at any time to revoke the Customer’s power to deal with the goods.
11.4.3 The Customer’s power to deal with the goods shall automatically cease if the Customer shall commit or be subject to any act of insolvency or have a receiver appointed or if any attempt is made to carry out a distrait upon the goods or any goods belonging to the Customer.
11.4.4 The Customer shall not make any modification to the goods or their packaging or alter, remove or tamper with any marks, numbers or other means of identification used on or in relation to the goods.
11.5 The Customer shall account to the Company for the proceeds of sale or otherwise of the goods whether tangible or intangible including insurance proceeds and shall keep all such proceeds separate from any monies or property to the Customer and third parties.
11.6 Upon determination of the Customer’s power to deal with the goods, the Customer shall place them at the disposal of the Company which by its servants or agents are hereby irrevocably authorised using only such force as may be necessary to enter upon any premises of the Customer for the purpose of removing the goods.
12. Site Facilities and Approvals
12.1 The Customer shall ensure that the site is safe and suitable for the works and services to be carried out
12.2 At all times (to include times outside normal working hours the Customer shall provide without cost to the Company sufficient access to the site, such loading and/or unloading facilities as the Company may reasonably require, together with adequate dry and secure storage facilities for the Company’s materials and plant and such supply of water and electricity and heating and telephone facilities as the Company may reasonably require.