Kitchen Terms & Conditions

W J STUBLEY SUPPLIES LTD Trading as W J Stubley Kitchens & Bathrooms
TERMS & CONDITIONS – KITCHEN SUPPLY & INSTALLATION

1. ABOUT THESE TERMS

These Terms & Conditions apply to kitchen and utility-room design, supply, installation and associated renovation works supplied or carried out by W J Stubley Supplies Ltd, trading as W J Stubley Kitchens & Bathrooms (“we”, “us” or “the Company”).

These Terms & Conditions should be read together with your quotation, specification, drawings/designs, product schedule, payment schedule and any subsequent written variations.

Together these documents form the contract between us and the customer (“you”).

If there is any inconsistency between these Terms & Conditions and a specific written term contained in your accepted quotation or subsequently agreed written variation, the specifically agreed written term will take priority.

Nothing in these Terms & Conditions excludes, restricts or affects your statutory rights as a consumer.

2. QUOTATIONS, SPECIFICATION & CONTRACT
2.1 Quotations

Unless stated otherwise, quotations are valid for 3 months from their date.

Our quotation is based upon the information reasonably available when it is prepared, including:

• the visible condition of the property;
• measurements reasonably obtainable during our survey;
• the design and specification discussed;
• drawings supplied to us;
• information supplied by the customer;
• the proposed kitchen layout; and
• the condition of accessible services.

A quotation cannot reasonably include defects or conditions which are concealed and could not have been identified during a normal non-invasive survey.

These may include defective floors or joists, hidden pipework, electrical defects, unsuitable walls, asbestos-containing materials, concealed water damage, drainage problems or other defects revealed when the existing kitchen is removed.

Where unforeseen additional work becomes necessary, we will explain the issue and agree the additional work and cost or charging basis before proceeding wherever reasonably practicable.

Emergency work reasonably required to make the property safe or prevent significant damage may need to be undertaken immediately.

2.2 Formation of contract
Your contract with us is formed when you accept our quotation/specification and make any required deposit, subject to
any statutory cancellation rights which apply.
Acceptance may be confirmed electronically, including by email.
2.3 Scope
Only work specifically included within our written quotation, specification or subsequently agreed written variation forms
part of the agreed contract price.
Anything not expressly included should not be assumed to be included.

3. KITCHEN DESIGN & CAD IMAGES
3.1 CAD images

Computer Aided Design (CAD) drawings and rendered images are intended to provide a visual representation of the proposed kitchen.

They are not construction drawings or photographic representations of the finished installation.

Colours, textures, lighting, proportions, joints, grain patterns, handles, appliance details and other finishes displayed digitally may differ from the finished products.

3.2 Measurements

Our designs are based upon measurements available at the time of survey.

Kitchen dimensions can change following removal of existing units, wall coverings, tiles, plaster, flooring, boxing or other construction.

Reasonable adjustments to fillers, panels, worktops, service voids and unit positions may therefore be required during installation.

3.3 Product dimensions

Dimensions shown in manufacturers’ literature are generally nominal.

Minor manufacturing tolerances and dimensional differences can occur.

3.4 Customer approval

You are responsible for reviewing and approving the kitchen layout, colour, finish, door style, handles, worktops, appliances and other selected products before the order is placed.

We remain responsible for exercising reasonable care and skill in relation to design services which form part of our contract.

3.5 Customer-requested layouts

Where you specifically request a particular arrangement against our advice, we may require your instruction to be confirmed in writing.

We will not knowingly install an arrangement which we reasonably consider unsafe or contrary to applicable regulations.

4. PRODUCT SELECTION & FINAL SPECIFICATION

Before ordering the kitchen, we may arrange a final specification meeting or confirmation.

This is intended to confirm matters including:

• door range and colour;
• cabinet specification;
• handles;
• worktops;
• sink and taps;
• appliances;
• accessories;
• internal storage;
• panels and trims;
• splashbacks;
• flooring where applicable; and
• other finishes.

It is important that the customer checks the final specification carefully.

Once made-to-order products have entered manufacture, changes may not be possible.

5. MADE-TO-ORDER & SPECIAL-ORDER KITCHENS

Kitchen furniture is frequently manufactured or ordered specifically for an individual project.

Where products are genuinely made to the customer’s specification or clearly personalised, cancellation rights which might otherwise apply to standard goods may not apply in the same way.

Once manufacturing or processing of a made-to-order kitchen has commenced, we may be unable to cancel, amend or return those products.

This can include:

• kitchen cabinets;
• doors;
• panels;
• decorative end panels;
• cornice and pelmet;
• bespoke furniture;
• specially manufactured units;
• made-to-measure worktops;
• bespoke glass;
• specialist colours or finishes; and
• other individually specified products.

This does not affect your statutory rights where goods are faulty, misdescribed or otherwise fail to conform to the contract.

6. DEPOSITS & CUSTOMER CANCELLATION

Unless an alternative arrangement is stated on the quotation, we normally require a 25% deposit of the quoted installation labour and installation materials to reserve the installation period and allow project preparation to begin.

Products supplied specifically for the project will be charged in accordance with the agreed payment schedule.

If you cancel after any applicable statutory cancellation period, we may retain or recover reasonable losses resulting from the cancellation.

These may include:

• work already undertaken;
• reasonable administration or design costs attributable to the cancelled project;
• products already ordered;
• bespoke or non-returnable products;
• supplier cancellation charges;
• supplier restocking charges;
• carriage charges; and
• other reasonable losses directly resulting from cancellation.

We will not retain a sum which would amount to an unfair or disproportionate cancellation charge.

Where the deposit exceeds our reasonable recoverable losses, the appropriate balance will be returned.

Where our reasonable recoverable losses exceed the deposit, we reserve the right to recover the additional reasonable amount.

7. PAYMENT

The applicable payment schedule will be confirmed with your order.

Unless otherwise agreed, our normal structure is:

• 25% deposit of quoted installation labour and installation materials upon confirmation;
• products supplied or ordered specifically for the project paid for in accordance with the agreed product payment
  stage; and
• the remaining installation balance payable following substantial completion in accordance with the final invoice.

Larger projects may be subject to an individually agreed stage-payment schedule.

7.1 Substantial completion

Minor snagging items which do not prevent the kitchen from being safely and substantially used will not normally justify withholding the entire outstanding balance.

Where a genuine defect or incomplete item remains, we will act reasonably in agreeing how it will be resolved.

Where appropriate, a reasonable retention may be agreed in writing pending completion of an identified item.

Nothing in this section affects any statutory remedy available where goods or services do not conform to the contract.

8. OWNERSHIP OF GOODS

Where permitted by law, goods supplied by us remain our property until they have been paid for in full.

This does not affect your statutory consumer rights.

9. WINTER SALE & PROMOTIONAL OFFERS

Where a Winter Sale or other promotional discount is offered, the specific promotional conditions stated on the quotation or promotional material will apply.

For our applicable Winter Sale, qualifying projects must be accepted, the required deposit received and the booking confirmed within the advertised promotional period.

Where the offer is stated as applying to the entire qualifying kitchen project, the discount will be calculated against the qualifying contract price subject to any expressly stated exclusions.

9.1 Additional works

Unless expressly agreed otherwise, promotional discounts do not automatically apply to:

• variations;
• additional works;
• customer-requested upgrades after acceptance;
• unforeseen works;
• additional materials arising from concealed conditions; or
• other amounts not included within the original qualifying quotation.

9.2 Installation dates

Where the promotion requires installation within a particular period, this will be stated in the promotional conditions.

If we need to move a qualifying installation outside the promotional period for reasons for which we are responsible, the promotional discount will not be lost solely for that reason.

If the customer requests postponement outside the qualifying period, we reserve the right to withdraw the promotional discount after informing the customer before the revised arrangement is agreed.

10. FINANCE OPTIONS

We may offer eligible customers the opportunity to fund some or all of a kitchen project through a third-party finance provider.

Finance is subject to application, status, affordability, eligibility and the finance provider’s applicable terms and conditions.

A finance application does not guarantee acceptance.

Specific information concerning the amount financed, term, repayments, interest and APR will be contained within the applicable finance information and credit agreement.

10.1 Finance and promotional discounts

Our Winter Sale discount and finance options cannot be used together on the same project.

The customer must choose either:

A. Promotional price
The applicable Winter Sale or other promotional discounted price, paid in accordance with our standard payment arrangements;
or
B. Finance
The applicable project price without the Winter Sale or other promotional discount, with an eligible amount funded through the available finance arrangement.

The promotion and finance cannot be divided between different elements of the same project in order to obtain both benefits.

If the customer wishes to change from one option to the other before ordering or commencement, we may issue a revised quotation and payment schedule.

Any finance remains subject to the lender’s approval and applicable terms.

11. KITCHEN DELIVERY

You must provide reasonable access for delivery of the kitchen and associated products.

You must advise us beforehand of any:

• restricted access;
• parking restrictions;
• narrow roads or driveways;
• stairs;
• access limitations; or
• other circumstances likely to affect delivery.

Where goods are delivered directly to your property, please notify us promptly if there is obvious damage or if items appear to be missing.

Notification within 24–72 hours is particularly helpful because this enables us to pursue supplier or carrier claims promptly.

Failure to identify a problem within this period does not remove statutory rights which may otherwise apply.

12. STORAGE OF KITCHENS BEFORE INSTALLATION

Where a customer asks us to order or deliver products substantially before the scheduled installation date, additional risks can arise.

Supplier or manufacturer reporting periods for transit damage or missing items may expire before installation begins.

Where we have expressly explained this risk and the customer nevertheless requests early delivery or storage, we will still deal with our legal responsibilities but cannot guarantee that discretionary supplier replacement arrangements outside statutory rights will remain available.

Goods must be stored safely, securely and in suitable dry conditions.

13. CUSTOMER-SUPPLIED APPLIANCES & PRODUCTS

Where you supply appliances, sinks, taps, lighting or other products yourself, you are responsible for ensuring that they:

• are correct;
• are complete;
• are suitable for the intended installation;
• comply with relevant UK requirements;
• fit the agreed design; and
• are available when required.

We will exercise reasonable care and skill when installing customer-supplied products.

We are not responsible for inherent defects, incorrect specifications, missing components or supplier delays relating to customer-supplied products which we could not reasonably have identified beforehand.

Additional attendance or labour caused by such issues may be chargeable.

Where we expressly undertake responsibility for specifying a customer-supplied product, we remain responsible for exercising reasonable care and skill in giving that advice.

14. APPLIANCES

Where appliances are supplied by us, the specific manufacturer and model will be stated in the specification where known.

Appliances may be covered by separate manufacturer warranties.

Manufacturer warranties are additional to and do not replace statutory rights.

Where an appliance develops a fault, we may reasonably require diagnosis by the manufacturer or authorised service agent.

Where an appliance fault is unrelated to our installation, subsequent service and repair will normally be dealt with under the applicable manufacturer arrangements.

Where the problem results from our installation workmanship, we remain responsible for resolving the installation issue.

15. REMOVAL OF THE EXISTING KITCHEN

Unless otherwise stated, products removed from the existing kitchen will be treated as waste and may be disposed of.

You must tell us before work begins if you wish to retain any:

• appliances;
• cabinets;
• doors;
• worktops;
• sinks;
• taps;
• handles;
• fittings; or
• other items.

We cannot guarantee that an existing item can be removed without damage where it is glued, tiled-in, corroded, sealed, built-in or otherwise difficult to remove.

16. CONCEALED & UNFORESEEN CONDITIONS

Kitchen renovations frequently reveal conditions which could not reasonably have been identified during the initial survey.

Examples include:

• damaged floors;
• rotten joists;
• damp or water damage;
• defective plaster;
• inadequate electrical installations;
• defective plumbing;
• concealed leaks;
• unsuitable drainage;
• concealed pipework;
• hidden cables;
• structural defects;
• asbestos or suspected asbestos-containing materials; and
• poor-quality previous installations.

These conditions are not included within the original price unless expressly stated.

Where additional work is required, we will explain the issue and agree the additional work and price or charging basis before proceeding wherever reasonably practicable.

17. WALLS, PLASTER & MAKING GOOD

Removal of existing kitchen units, tiles and splashbacks can expose or disturb plaster and wall finishes.

Unless expressly included otherwise, our quotation assumes normal preparation.

Where walls require additional boarding, plastering, repair or levelling which could not reasonably have been identified beforehand, this may constitute additional work.

Where plastering is included, appropriate drying time must be allowed before decorating or applying certain finishes.

18. FLOORS & FLOORING

Removal of existing kitchen furniture or flooring may reveal uneven, damaged or unsuitable floors.

Additional levelling, boarding, screeding or repairs which could not reasonably have been identified at quotation stage may be charged as additional work.

Where new flooring is included, the specification will identify the areas intended to be covered.

Flooring beneath kitchen units and appliances will be installed according to the agreed flooring system and appropriate installation requirements.

19. PLUMBING

Existing plumbing, stopcocks, isolation valves, wastes and drainage remain outside our control until work commences.

Where existing components are defective, seized, corroded or unsuitable, replacement may constitute additional work.

We are not responsible for a failure resulting solely from a pre-existing defect which could not reasonably have been identified.

We remain responsible where damage results from our negligence or failure to exercise reasonable care and skill.

20. ELECTRICAL INSTALLATION

Kitchen electrical works included within our quotation will be carried out by suitably competent persons and in accordance with applicable requirements.

Modern kitchen installations can place different demands upon an existing electrical system.

Previously unidentified issues may include:

• insufficient circuits;
• inadequate earthing;
• unsuitable consumer-unit protection;
• defective wiring;
• inadequate RCD protection; or
• other existing electrical defects.

Where additional work is required to enable the agreed installation to comply with applicable requirements and could not reasonably have been identified beforehand, this may constitute additional work.

We will explain such work and associated charges before proceeding wherever reasonably practicable.

21. GAS

Gas work, where included, will only be undertaken by an appropriately registered Gas Safe engineer.

Existing gas installations may require alteration or upgrading before a new appliance can safely be connected.

Any additional work not reasonably identifiable at quotation stage will be discussed and priced separately.

22. KITCHEN UNIT INSTALLATION

Kitchen cabinets will be installed reasonably level, aligned and securely fixed taking account of the condition and geometry of the property.

Existing buildings are rarely perfectly square, level or plumb.

Reasonable use of:

• fillers;
• scribes;
• panels;
• packers;
• trims; and
• adjustment pieces

may therefore be necessary to achieve an appropriate finished installation.

Such reasonable adjustments are a normal part of kitchen installation and do not themselves constitute a defect.

23. DOORS, PANELS & NATURAL VARIATION

Colours and finishes may vary slightly between samples, displays, photographs and manufactured products.

Natural timber and timber-effect products can exhibit variation in grain, tone and pattern.

Painted products may also exhibit minor variations between components or production batches.

Reasonable manufacturing variation does not constitute a defect.

24. WORKTOPS

Worktops will be supplied and installed according to the agreed specification.

Different worktop materials have different characteristics and maintenance requirements.

Customers must follow applicable manufacturer care instructions.

Damage resulting from misuse, excessive heat, unsuitable chemicals, impact, cutting directly on surfaces or failure to maintain the product appropriately is not a workmanship defect.

25. QUARTZ, GRANITE & SOLID-SURFACE WORKTOPS

Stone, quartz and other templated worktops frequently require a separate templating visit after the base units have been installed.

Final worktop manufacture normally cannot commence until templating has taken place.

This creates a normal period during which the kitchen may not have its permanent worktops, sink or hob.

The estimated project programme will take this into account where practicable.

25.1 Templating

The customer must ensure that sinks, hobs, taps and other items required for templating are available where necessary.

Once worktops have been templated and entered manufacture, subsequent changes may incur substantial additional charges or require replacement worktops.

25.2 Natural materials

Granite and other natural materials contain inherent variations in colour, veining and pattern.

Reasonable natural variation is not a defect.

26. SPLASHBACKS & TILING

Where splashbacks or kitchen tiling are included, the quotation will identify the intended extent of coverage.

Tile quantities include reasonable allowance for cuts and wastage.

Additional quantities arising from pattern selection, site conditions or customer changes may be chargeable.

Grout and silicone are maintenance products and may require cleaning, maintenance or replacement during the life of the kitchen.

27. DECORATING

Painting and decorating is only included where expressly stated in the quotation.

Kitchen renovation commonly disturbs existing decoration.

Where decorating is not included, areas affected by normal installation works may be left reasonably prepared for subsequent decoration.

We remain responsible for damage resulting from a failure to exercise reasonable care and skill.

28. EXTRACTOR FANS & VENTILATION

Extractor hoods and ventilation systems will be installed in accordance with the agreed specification where included.

The route and effectiveness of external ducting can depend upon the property’s construction.

Additional ducting, core drilling or alterations not included within the quotation may constitute additional work.

Recirculating extractors do not discharge air externally and their performance characteristics differ from externally vented systems.

Filters and other consumable components require maintenance or replacement by the customer.

29. CUSTOMER RESPONSIBILITIES

The customer agrees to:

• provide reasonable access at agreed times;
• provide access to electricity and water;
• clear personal possessions from the working area;
• remove valuables and fragile objects from access routes;
• provide information reasonably requested;
• disclose known property or service defects;
• keep children and pets away from working areas;
• make reasonable WC and washing facilities available; and
• make required decisions and selections within reasonable timescales.

Failure to do so may cause delay and reasonable additional charges.

30. PROTECTING YOUR PROPERTY

Kitchen installation is intrusive building work and can involve dust, vibration and movement of large products.

We will take reasonable care to protect your property.

Existing finishes adjacent to the work can occasionally crack or become disturbed despite reasonable precautions.

We are not responsible for damage which could not reasonably have been avoided while carrying out the contracted works with reasonable care and skill.

We remain responsible for damage caused by our negligence or failure to exercise reasonable care and skill.

31. VARIATIONS & ADDITIONAL WORK

Changes requested after the contract has been agreed may affect the price and programme.

Additional work will be separately quoted or charged at the rate communicated before it is undertaken.

Where practicable, variations should be agreed in writing.

Instructions affecting cost, specification or product positioning should be agreed with our designated project contact rather than individual tradespeople.

This ensures that changes are properly recorded, priced and communicated.

We will not charge for a variation merely because work is necessary to correct something for which we are legally responsible.

32. PROJECT COMMUNICATION

All material instructions concerning:

• changes to specification;
• product selection;
• additional works;
• unit positions;
• appliance positions;
• electrical positions;
• plumbing positions; and
• other matters affecting price or design

should be communicated to the designated W J Stubley project contact.

Individual installers and subcontractors are not authorised to agree significant contractual changes or prices unless we confirm otherwise.

This is intended to avoid misunderstandings and ensure that all changes are properly recorded.

33. INSTALLATION PROGRAMME

Any start date or completion period given is a reasonable estimate unless expressly agreed in writing as a fixed contractual deadline.

Kitchen projects can be affected by:

• unforeseen site conditions;
• supplier delays;
• worktop templating;
• manufacturing periods;
• customer-requested changes;
• drying times;
• appliance availability;
• illness;
• utility interruptions; and
• other circumstances outside our reasonable control.

We will keep you reasonably informed of material changes.

34. DELAYS CAUSED BY THE CUSTOMER

Customer-requested changes, unavailable customer-supplied products, lack of access, late decisions or
postponements may extend the installation programme.

Where this causes additional costs, reasonable costs directly resulting from the delay may be chargeable.

We will explain such charges where reasonably practicable.

35. SUSPENSION OF WORK

We may temporarily suspend work where:

• an agreed payment is materially overdue;
• the site is unsafe;
• access is prevented;
• required decisions have not been made;
• customer-supplied products are unavailable;
• continuing would risk damage;
• continuing would breach applicable legal or regulatory requirements; or
• circumstances outside our reasonable control make continuation impracticable.

We will give reasonable notice where practicable and explain what is required for work to recommence.

36. SUBCONTRACTORS

We may use suitably skilled employees, subcontractors and specialist trades to undertake elements of the project.

Where subcontractors are engaged by us to fulfil our contract, their involvement does not remove any responsibility which we have to you under our contract or applicable law.

37. COMPLETION & SNAGGING

At completion, customers should notify us of apparent defects or outstanding items as soon as reasonably practicable.

Minor snagging items can occasionally become apparent following completion.

We must be given a reasonable opportunity to inspect and, where we are responsible, remedy qualifying defects.

Customers should not instruct another contractor to carry out remedial work for which reimbursement will be sought from us without first giving us a reasonable opportunity to inspect and rectify the issue.

This does not apply where urgent third-party work is reasonably required to prevent danger or significant property damage.

Nothing in this section restricts statutory consumer remedies.

38. WORKMANSHIP GUARANTEE

In addition to your statutory rights, we provide a 12-month contractual workmanship guarantee from substantial completion.

This covers defects resulting from our installation workmanship.

It does not cover:

• normal wear and tear;
• accidental damage;
• misuse or neglect;
• failure to follow care instructions;
• maintenance items;
• movement or structural defects outside our workmanship;
• inherent defects in customer-supplied products;
• unauthorised alterations by third parties; or
• circumstances outside our reasonable control.

An exclusion applies only to the extent that the excluded event caused or contributed to the problem.

IMPORTANT – STATUTORY RIGHTS

Our workmanship guarantee is additional to your statutory rights.

Expiry of the contractual workmanship guarantee does not automatically mean that the customer has no legal remedy if goods or services failed to comply with applicable consumer law.

39. REPORTING PROBLEMS

If you experience a problem, please contact us promptly.

We may reasonably request photographs, information or access to inspect the issue.

We should normally be given a reasonable opportunity to inspect and, where we are responsible, put the matter right before another contractor is instructed.

We will not normally reimburse third-party remedial costs where we were not first given a reasonable opportunity to investigate and remedy the issue.

This does not apply where emergency intervention was reasonably necessary to protect persons or property or where the customer otherwise has a legal right to recover such costs.

40. MANUFACTURER WARRANTIES

Products may carry separate manufacturer guarantees.

Where appropriate, we will reasonably assist with a manufacturer warranty claim for products supplied by us.

Manufacturer guarantees do not replace or restrict statutory rights.

41. DISABILITY ADAPTATIONS & VAT RELIEF
41.1 Important distinction for kitchens

VAT rules applying to disability adaptations of kitchens are different from those applying to qualifying bathrooms, washrooms and lavatories.

The supply and installation of a standard kitchen does not automatically qualify for zero-rated VAT merely because it is being installed for a disabled person or as part of a disability adaptation.

Standard kitchen furniture, standard worktops, appliances and general kitchen refurbishment will normally be subject to VAT at the applicable rate.

41.2 Potentially qualifying elements

Certain individual elements may qualify for VAT relief where the applicable statutory conditions are met.

This may include certain equipment designed solely for use by disabled persons, installation of qualifying equipment and qualifying services of adapting goods to suit the condition of a disabled person.

Where a project contains both qualifying and non-qualifying elements, we may apportion the price between the applicable VAT treatments where permitted or required.

41.3 Adapted kitchens

The fact that a kitchen layout has been altered to make it easier for a disabled person to use does not necessarily make the entire kitchen zero-rated.

For example, standard cabinets, appliances and worktops may remain taxable even where they form part of an accessible kitchen.

Where specialist equipment has been designed solely for use by disabled people, or qualifying adaptation services are provided, those individual elements may receive different VAT treatment where the statutory requirements are met.

41.4 Eligibility evidence

Where VAT relief is claimed, we may require an appropriate eligibility declaration and supporting information.

Providing an eligibility declaration does not automatically establish that every item on the project qualifies for zero-rating.

As the supplier, we remain responsible for applying the VAT treatment which we reasonably consider legally appropriate.

41.5 Council and grant-funded kitchen adaptations

A Disabled Facilities Grant, local-authority adaptation scheme, Occupational Therapist recommendation or other funding arrangement does not itself determine the VAT treatment.

We will apply VAT according to the nature of the goods and services supplied and the applicable VAT rules.

Where a funding body requires a detailed schedule of works, we may separate qualifying and non-qualifying elements accordingly.

41.6 Customer information

Customers and their representatives are responsible for providing complete and accurate factual information concerning the purpose of the adaptation.

Where VAT relief has been applied because of materially inaccurate or misleading information supplied to us, we reserve the right, to the extent permitted by law, to recover VAT which subsequently becomes properly chargeable solely because of that inaccurate information.

This does not transfer responsibility to the customer for an error made by us in applying VAT law to complete and accurate information.

42. OUR RESPONSIBILITY

We will perform our services with reasonable care and skill.

We do not exclude or limit liability where doing so would be unlawful.

We are not responsible for loss or damage resulting solely from:

• a pre-existing defect which could not reasonably have been discovered;
• inaccurate information supplied by the customer;
• customer misuse;
• failure to follow reasonable instructions;
• work undertaken by an unrelated third party;
• inherent defects in customer-supplied goods; or
• circumstances outside our reasonable control,

except to the extent that our own breach, negligence or failure to exercise reasonable care and skill caused or contributed to the loss.

43. COMPLAINTS

We aim to resolve complaints promptly and fairly.

Complaints should preferably be made in writing so that both parties have an accurate record.

We will investigate complaints within a reasonable period taking account of their nature and complexity.

Where appropriate, an independent industry specialist or dispute-resolution service may be suggested.

Nothing within our complaints procedure prevents either party from exercising legal rights available to them.

44. PHOTOGRAPHS

We may take photographs during a project where reasonably necessary for:

• surveying;
• design;
• specification;
• progress records;
• quality control;
• supplier queries;
• warranty records; and
• dispute resolution.

Where consent is legally required, appropriate permission will be obtained before identifiable photographs of a customer’s property are used for marketing purposes.

DATA PROTECTION

We handle personal information in accordance with applicable UK data-protection legislation, including the UK GDPR and Data Protection Act 2018 as amended.

Information may be processed where reasonably necessary to:

• prepare quotations;
• administer contracts;
• order products;
• arrange deliveries;
• schedule trades;
• arrange finance where applicable;
• issue invoices;
• administer warranties;
• communicate with customers; and
• comply with legal obligations.

Further information should be contained within our Privacy Notice.

46. STATUTORY CONSUMER RIGHTS

These Terms & Conditions operate alongside the customer’s statutory rights.

Nothing within these Terms & Conditions seeks to exclude or restrict a right which cannot legally be excluded or restricted.

Where the Consumer Rights Act 2015 applies, services must be performed with reasonable care and skill.

Goods supplied under the contract must meet applicable statutory requirements, including requirements concerning satisfactory quality, fitness for a particular purpose where applicable and conformity with their description.

Where goods or services do not conform to the contract, statutory remedies may be available.

Any workmanship or manufacturer guarantee is additional to these statutory rights.

47. EVENTS OUTSIDE OUR REASONABLE CONTROL

Neither party will be responsible for a failure or delay caused by circumstances genuinely outside that party’s reasonable control.

The affected party should notify the other as soon as reasonably practicable.

Where such circumstances substantially prevent performance for a significant period, both parties will discuss reasonable options for completing or ending the affected part of the contract.

Nothing in this provision removes statutory rights which continue to apply.

48. SEVERABILITY

If any provision is found to be invalid or unenforceable, it will be removed or limited only to the extent necessary.

The remainder of the Terms & Conditions will continue to apply.

49. NO WAIVER

Failure by either party to immediately enforce a contractual right does not necessarily mean that right has been waived.

50. THIRD-PARTY RIGHTS

Unless expressly stated otherwise, the contract is between W J Stubley Supplies Ltd and the customer and is not intended to give contractual rights to unrelated third parties.

51. GOVERNING LAW

These Terms & Conditions and the contract are governed by the applicable law of England and Wales.

Where the customer is a consumer, nothing in this clause deprives them of any mandatory consumer protection or right to bring proceedings in a court available to them under applicable law.

52. CONTRACT DOCUMENTS

The customer’s contract may comprise:

1. the accepted quotation;
2. agreed kitchen design;
3. product and appliance specification;
4. these Terms & Conditions;
5. agreed payment schedule;
6. applicable statutory cancellation information;
7. applicable finance documentation; and
8. subsequent written variations.

Customers should retain copies of these documents.

IMPORTANT CUSTOMER NOTICE

Please read these Terms & Conditions together with your quotation, kitchen design and product specification before accepting the quotation or paying the deposit.

Particular attention should be given to:

• kitchen layout and design;
• product and colour selections;
• made-to-order products;
• payment stages;
• cancellation provisions;
• customer-supplied appliances;
• worktop templating;
• concealed conditions;
• additional works and variations;
• promotional offers;
• finance arrangements; and
• the workmanship guarantee.

Nothing within this contract affects your statutory rights as a consumer.