TERMS & CONDITIONS
ALM Studios Limited
These conditions of sale apply to goods supplied by ALM Studios Limited, registered in England no. 1093284 (the Company).
Any Quotation given by the Company is an invitation to you to place an order with the Company only.
Any Quotation provided by the Company may be revised in the following circumstances:
If after the submission of the Quotation by the Company, you instruct us (whether in writing or orally) to provide additional works or services not referenced or detailed within the Quotation.
If following the submission of the Quotation by the Company, there is an increase in the cost of materials to be supplied
If following the submission of the Quotation by the Company, it is discovered further works and services need to be carried out which had not been anticipated, for example, to bring an existing installation up to standard before any extension or modification can be done.
If following submission of the Quotation or works carried out, it is discovered that there was a manifest error when the Quotation was prepared.
No contract exists between you and the company for the sale of any goods until the Company has received and accepted your order and gives you confirmation in writing.
CONFIRMATION OF ORDER
Confirmation of an order will only be sent when all details have been agreed with the Company and the first payment has been made. Once the Company sends this confirmation and payment has cleared, there is a binding and legal contract between you and the Company.
No addition or alteration to the order will be valid unless agreed in writing by the Company. In the event of such alteration a surcharge may be made at the discretion of the Company.
Plumbing, tiling, electrical and building work will not be included in the contract unless separately agreed.
For the avoidance of doubt the Quotation does not include the final connections of electrical appliances and water supplies to appliances.
On confirmation of order a first payment of 50% of the total purchase price is due. Two weeks prior to delivery the final 50% is due. If you delay your delivery, the payment will still be due, unless otherwise agreed in writing with the Company.
The Company reserves the right to charge interest on overdue payments at 3% above the current UK base rate which will be calculated on a daily basis.
In the event of late or non payment and without affecting any other rights or remedies of the Company, the Company shall be entitled to either suspend delivery of the goods and their installation without notice and charge interest until all amounts owing (including accrued interest) have been paid in full or terminate the contract by notice to you in writing.
QUALITY OF GOODS
It is the Company’s responsibility to supply you with goods that meet your consumer rights. If you have any concerns that the Company has not met its legal obligations, please contact get in touch.
The Company warrants to use materials which are of satisfactory quality and suitable for their intended purpose. Unless agreed otherwise all materials will be new.
The terms of these Conditions shall apply to any repaired or replacement goods supplied by the Company under this clause and the Warranty section below.
Delivery is scheduled for approximately six to eight weeks from receipt of the first payment, all details having been agreed.
Responsibility of the goods will pass to the client upon delivery.
Any damage or loss caused by persons not employed by the Company such as builders or other tradespersons is the responsibility of the client.
The risk in the goods not installed by the Company shall pass to you on delivery. For goods installed by the Company risk shall pass after installation.
If before title to the goods passes to you, you become subject to any of the events listed under Termination below, or fail to make payment for the goods when requested then, without limiting any the Company’s other right or remedies, the Company may at any time;
require you to deliver up all goods in your possession which have not been irrevocably incorporated into another product; and
if you fail to do so promptly, enter any premises of yours or of any third party where the goods are stored in order to recover them.
Damage in either case due to inadequate site access shall be at your risk.
It is the customer’s responsibility to ensure the site is ready for installation. The site needs to be clear, with all old cupboards removed, walls in a sound condition with one coat of emulsion, flooring in place and all services in position.
You shall obtain permission for the Company to proceed over property belonging to neighbours or third parties if this is necessary. You shall indemnify the Company in all aspects of claim from neighbouring/third party properties arising out of their presence or that of their representatives.
You shall keep and maintain all of the Company’s materials, equipment, documents and other property (the Company’s Materials) at your premises in safe custody at your own risk, maintain the Company’s Materials in good condition until returned to them, and not dispose of or use the Company’s Materials other than in accordance with their written instructions or authorisation.
You shall, where the area has restrictions on parking, submit permission or provide a parking permit for the Company for such period as the duration of the job.
Our standard installation package includes:
Assembly, fitting and installation of the kitchen cabinet Products (including interiors, doors, drawers, handles, and cover panels)
Basic fitting of appliances. Connection of gas, electricity and water by others
If during the installation services, it appears that the walls are incapable of holding the Products or the utility connections are unsafe, faulty, flawed or of poor quality, we reserve the right to suspend the installation service until the necessary remedial works have been completed. This does not affect our right to take the full payment for the Products and installation services in line with our terms & conditions.
We shall not be responsible for or liable for any damage, loss or expense caused due the poor quality of or fault with any of the walls or utility connections.
Whilst we will try to ensure out Fitter(s) keeps dust and disruption to a minimum during the provision of the installation services, you should take all reasonable and necessary steps to minimise the impact of the installation services, for example by moving breakables/delicate items and covering areas likely to be affected with dust sheets. Whilst the Fitters will endeavour to clean up after themselves, you should expect some dust to result from the installation services and you agree that we will not be liable for any cleaning expenses resulting from such dust.
Minor damage may occur to decor, plaster and tiling during the installation services but you agree that we will not be responsible for redecorating or making good any damage unless it is as a result of our negligence rather than an unavoidable consequence of having the Products fitted.
If the Company’s performance of any of their obligations in respect of the work is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Customer Default):
The Company shall, without limiting their other rights or remedies, have the right to suspend performance of the work until you remedy the Customer Default, and to rely on the Customer Default to relieve them from the performance of any of their obligations to the extent the Customer Default prevents or delays their performance of any of their obligations;
The Company shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from their failure or delay to perform any of their obligations as set out in this section; and
You shall reimburse the Company on written demand for any costs or losses sustained or incurred by them arising directly or indirectly from the Customer Default.
Once the kitchen is installed the stone masons will visit to template your worktops (if applicable). They will then return two to four weeks later to fit the worktop. You will need to arrange for your taps and hob to be disconnected and then reconnected once the stone has been fitted.
VARIATIONS IN COLOUR
The customer will be shown a sample of a typical piece of furniture and worktop. Due to the nature of some of the timbers and worktops used there will be natural variations in colour and surface markings. No guarantee is given that the furniture and worktops supplied will be an exact replica in terms of colour and surface markings as those displayed in the Company’s showroom.
Voids and fillers surrounding the installed furniture are part of normal fitting tolerances and cannot be accepted as a basis for complaint.
If the agreed delivery date is extended after signing the confirmation of order, the Company reserves the right to make a charge for the storage of your furniture.
All goods supplied by the Company are warranted free from defects. All goods must be inspected immediately following installation (no later than three days) and will be repaired or replaced free of charge if found to be defective or damaged in any way arising from the installation by the Company’s representatives.
This warranty does not apply to any defect arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Company, failure to follow the Company’s instructions on aftercare or any alteration or repair carried out without the Company’s approval.
In relation to ancillary items which are supplied to the Company from third parties (e.g. sinks, taps, electrical appliances, etc), these are generally subject to manufacturer’s guarantees and warranties. The Company cannot accept any liability or responsibility for these types of items above and beyond the extent of your statutory rights. In practice, the manufacturers of appliances and other such items will deal with you directly to rectify problems with their products. Generally, none of these items can be returned once they have been delivered. This is why the Company requires payment in full for these items before their installation, but of course it remains the Company’s responsibility to ensure that they are installed properly and without being damaged.
The Company is not responsible for any changes made in specification to any appliances or associated goods which are to be supplied by them, and the extent of their obligations in that regard is to supply the brands and model numbers, etc, which are set out in the Quotation (or if they are not available, equivalent models of the same cost, as agreed with you).
NOTICE OF YOUR STATUTORY RIGHT TO CANCEL (Individuals only)
IMPORTANT PLEASE NOTE: This only applies to orders for Ancillary Goods as defined above. All other goods provided are bespoke, made to measure, and therefore are exempt from the Statutory Right to Cancel.
If You are an Individual (consumer) you have a statutory right to cancel this contract within fourteen (14) calendar days starting on the day you accepted the Quotation. You should send your cancellation notice to the Company in writing via post or email. Notice of cancellation is deemed to be served as soon as it is posted/sent.
If you accept a written quotation and agree that work may commence before the fourteen (14) calendar day cancellation period expires, then subsequently cancel in accordance with your rights, you are advised that reasonable payment may be due for any work carried out, including labour at the applicable rate.
CANCELLATION (at any other time)
Cancellation of orders will only be accepted if the Company has agreed in writing and on condition that you reimburse the Company all costs and expenses or losses and damages resulting from the cancellation.
RIGHT OF TERMINATION
The Company reserves the right to terminate the Contract with immediate effect in the event of any of the following:
that you become insolvent or enter into some form of insolvency arrangement.
that you (being an individual) die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation.
If either party breaches a material provision under this contract, and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice of the breach, the non-defaulting party may terminate this contract immediately and require the defaulting Party to indemnify the non-defaulting party against all reasonable damages.
Without limiting the Company’s other rights or remedies, the Company may terminate this Contract with immediate effect by giving written notice to you if you fail to pay any amount due under this Contract on the due date for payment.
All notices of termination of the Contract should be submitted to the other party in writing.
CONSEQUENCES OF TERMINATION
On termination of the Contract for any reason:
You shall immediately pay to the Company all of the Company’s outstanding unpaid invoices and interest and, in respect of services supplied but for which no invoice has yet been submitted, the Company shall submit an invoice, which shall be payable by you immediately on receipt;
You shall return all of the Company’s Materials which have not been fully paid for. If you fail to do so, then the Company may enter your premises and take possession of them. Until they have been returned, you shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract.
The accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
clauses which expressly or by implication have effect after termination shall continue in full force and effect.
COMPLAINTS, COMMUNICATION AND CONTACT DETAILS
If You wish to contact the Company with questions, or to make a complaint, please do so by phone, email or post.
The Company strives for excellence in all work. If you are not satisfied in any way, please contact the Company as soon as possible. The Company would appreciate every opportunity to resolve any dispute amicably.
EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)
The Company shall not be liable to you under the Contract in any way whatsoever for destruction, damage, delay or inability to carry out its business arising out of war or civil commotion, strikes, lockout and industrial disputes, failure of utility service or transport network, fire, storm, explosion, floods or bad weather, pandemic, breakdown of machinery or plant, malicious damage, compliance with any law governmental order rule direction or regulation or any act of God or default of suppliers or sub-contractors. The Company shall further be under no liability to you for any circumstances beyond the Company’s control.
‘‘Data Protection Legislation’ refers to The Data Protection Act 2018 and any secondary legislation in England and Wales relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced or updated from time to time.
All personal information that the Company may collect (including, but not limited to, your name, postal address, email address and telephone number) will be collected, used and held in accordance with the provisions of Data Protection Legislation as defined in this section.
In certain circumstances, and with your consent, the Company may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Legislation as defined in this section and should use and hold your personal information accordingly.
The Company will not pass on your personal information to any other third parties for marketing purposes without first obtaining your express consent.
The Company may take photographs for their own promotional use, they may appear on the Company’s social media sites and website and by agreeing to these conditions you have given the Company permission to do so. The Company will own and retain copyright of any image taken but will happily share with you.
OTHER IMPORTANT TERMS
This contract represents the entire agreement between the parties in respect of the services and shall prevail over any conditions contained or referred to in any of your documents or otherwise.
If any part of this contract is found to be void or un-enforceable by any Court of competent jurisdiction, such part shall be severed from this contract, which will otherwise remain in full force and effect.
These Terms shall remain in force until altered in writing and signed by both parties.
The failure by us at any time or for any period to enforce any one or more of these Terms and Conditions shall not be a waiver of them or a waiver of the right to enforce such Terms and Conditions on a future occasion.
You may not assign this contract or any rights or obligations under it without our prior written consent.
Unless otherwise agreed and subject to the application of the then current prices, these Terms of Business shall apply to any future instructions given by you to us.
A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.
GOVERNING LAW AND JURISDICTION
These terms are governed by the laws of England & Wales, whose courts shall have sole jurisdiction in relation to all matters arising.