Terms and Conditions

1. The sale contract is subject to these terms and Conditions. The Goods and Services to be supplied by The Update Kitchen Company will be as described in the contract.
2. Every effort is made to ensure that the Goods are as shown in the Catalogue. However as a part of our policy of continual improvement of our products, methods and materials. We reserve the right to change specifications from time to time and without prior notice so long as the changes do not materially affect the appearance or performance of the goods or the quality of the services supplied to you. We will not make any significant variations without your agreement. If for any reason beyond our reasonable control we are unable to supply particular Goods, we will notify you. With your agreement we will replace such goods with equivalent goods.
3. Goods made from natural materials are likely to have variations of shade and grain. Some woods will mellow with exposure to sunlight and age.
4. Stage payment structures are detailed on the Sale Contract
5. Please note any Goods supplied remain ours until full payment of the contract price has been received.
6. If you are unable for any reason to take delivery of the Goods on the confirmed delivery date we reserve the right to charge you for future deliveries. After Delivery , items must be stored in a save and dry place.
7. We will make all reasonable efforts to complete the Contract by any time agreed with you. Time is not however of the essence for completion of the Contract, as delays can occur for reasons beyond our control. If such delays occur we will complete the contract as soon as reasonably possible.
8. We will only remove and dispose of materials where we have agreed to do so on the contract. We cannot guarantee to remove existing installations without damaging either them or their surroundings. It is your responsibility to remove present facilities unless otherwise agreed. However you must not remove them until the goods arrive and a check has been carried out by you to ensure that all component parts of the goods are present. We do not accept liability for any costs direct or indirect, nor for any inconvenience caused to you as a result of the early removal of existing facilities.
9. You accept that the Installation may cause damage to decoration, plaster, floors or brickwork and except for damage caused by our negligence , we do not carry out any remedial work / redecoration. Where damage is caused by our negligence we will make good such damage. Cuts or holes made during the Installation process will , where possible , be made good. Floorboards removed by us will be re-fitted where reasonably possible.
10. You will be asked to check the Installation and sign a completion document confirming that the fitting has been completed to your satisfaction. You should note on this completion document any areas that you may have concerns with before signing it.
11. Any issues which you wish to claim regarding Installation, for which you require rectification, must be reported to us within 7 days of the date of Installation. In order to avoid any confusion or delay , notification of any issues should be confirmed by you in writing.
12. Subject to your statutory rights, We are unable to accept returns or offer refunds in respect of special products and / or Goods altered specifically for you.
13. Our acceptance of your order creates a legally binding contract. In addition to your normal statutory rights.
14. Nothing in these Terms and Conditions excludes or limits liability for Death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
15. Subject to Clause 14 above, we will not be liable under the contract for any loss or damage caused by us, our employees or agents in circumstances where there is no breach of a legal duty of care owed to you by us or by any of our employees or agents. Such loss or damage is not a reasonably foreseeable result of any such breach. The loss or damage results from breach by you of any term in this Contract.
16. We will not be liable by reason of any delay in performing or any failure to perform our obligations under the Contract if the delay or failure is due to an Act of God, war, Industrial action, terrorism, power failure, or any other cause beyond our reasonable control.
17. Nothing in these Terms will reduce your statutory rights. You should contact your local authority Trading Standards Department or Citizens Advice Bureau if you need any more information about your statutory rights.
18. No waiver by us of any breach of the Contract by the buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. No delay or failure by us to exercise any powers, rights or remedies under these Terms and the Contract will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an Authorised Representative.
19. If any provision of the contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in Question shall not be affected.
20. Nothing in the Contract gives any right to any third party to enforce any provision under the Contract (rights of Third Parties) Act 1999 or otherwise.
21. These Terms and the Contract supersede all prior representations , understandings and agreements between you and us and sets forth the entire agreement between You and Us.