1. Application  

 These Terms and Conditions shall apply to the provision of the services detailed (“Our Obligations”) by Mapperley Kitchen & Bathroom LTD a company registered in the United Kingdom under number ……………………… whose registered office is at 92 Second Avenue, Carlton, Nottingham, NG4 1PF (“Supplier”) to you (“Client”). No other terms and conditions shall apply to the provision of Services unless agreed upon in writing between the Provider and the Client.  

 

 2. Interpretation  

 2.1 A “business day” means any day other than a Saturday, Sunday, national holiday, or bank holiday.  

2.2 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.  

2.3 Words imparting the singular number shall include the plural and vice-versa.

 

3. Our obligations:

3.1 With effect from the commencement date stated in this quotation and in consideration of the Fees being paid following these Terms and Conditions, the Supplier shall provide the Services to the Client.  

3.2 The Supplier shall use reasonable care and skill in its performance of the  

Services and shall ensure compliance with any and all relevant codes of practice.  

3.3 The Supplier shall use its best and reasonable endeavours to complete its performance of the Services within the time agreed as set out in this quotation; however, time will not be of the essence in performing these obligations. 

3.4 We shall have no liability whatsoever for any failure to perform, or for a delay in the performance of any of our obligations under the Contract arising wholly or in part by reason for any factor beyond our direct control. 

3.5 Mapperley Kitchen & Bathroom LTD reserves the right to refuse or decline work at its own discretion. Where Mapperley Kitchen & Bathroom LTD agrees to carry out works for the Customer, those works shall be undertaken by the designated operative of Mapperley Kitchen & Bathroom LTD at their absolute discretion 

3.6 While every effort is made not to damage your home, accidents do happen. 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. 

3.7 If loft access is required, the loft should be made accessible and items moved out of the way to gain access. 

3.8 Additional costs may be incurred for any unforeseen work that might occur or due to the unknown condition of the walls and floor once the tiles and bathroom/kitchen suite have been removed. 

3.9 If carpets are to be lifted, then they will be put back to the best of our abilities. However, the Customer may need to pay for a carpet fitter to come to refit them. 

3.10 If the central heating is to be drained down to have new radiators moved/installed, and problems occur with the boiler or radiators on refill, we will endeavour to do everything possible to solve such a problem, however, an additional charge may be incurred if a fault occurs beyond our control.  This would involve a Gas Safe Engineer attending the site. 

3.11 We are only responsible for the section of plumbing/pipe work undertaken by them and are not liable for any problems with any other section of the plumbing/pipe work. 

3.12 Following the room rip-out, if the wall is in a bad state and needs to go back to brick then this will result in an additional cost being added to the plastering charge. 

3.13 Prior to plastering, if it is noticed that the walls are uneven, dips in the walls, or are not level, then it may be necessary to add an additional cost for the walls to be floated flush.  This will not be apparent until the room is empty, and it is at the plastering stage. 

3.14 Following fitting, adjustments to doors, kitchen units, etc. will be covered for 1 year, following this a charge will be made for the fitter’s time. 

3.15 A labor charge will be passed on for all warranty work. 

3.16 All gas and electrical work will be carried out by qualified engineers and pricing will be done on the basis that your property is within the legal requirements. If the gas or electrics are deemed to be unsafe or not up to regulations, then the customer will be notified of what work needs to be done and an estimate will be provided. 

3.17 Tiles: Client to supply and we can fit at an additional cost that will be added to the invoice.  

3.18 Laminate: Client to supply and we can fit at an additional cost that will be added to the invoice. We do not fit LTV and engineering wood flooring. 

 

 4. Clients obligations: 

 4.1 The Client shall use its best and reasonable endeavours to provide the  

Supplier with access to any and all relevant information, materials, properties, and other matters which are required to enable the Supplier to provide the Services. 

4.2 The Client shall use its best and reasonable endeavours to acquire any  

permissions, consents, licenses, or other matters which are required to enable the Supplier to provide the Services. 

4.3 The Supplier cannot be held responsible for damage to the client’s property. It is the client’s responsibility to sufficiently cover/protect or remove. 

4.4 The Supplier reserves the right to ask the client to remove items/vehicles etc before works commence. If this is not adhered to, any damage caused will not be the Suppliers responsibility and the supplier will not accept liability. 

4.5 The Customer will provide electricity and water for the Supplier in relation to the works. 

4.6 The area of work must be cleared of any possessions and hygienically cleaned (bathroom/kitchen) before work can start. Failure to do so may result in a delayed start date and possibly an additional labour charge. 

4.7 The Customer must let Mapperley Kitchen & Bathroom LTD know if they wish any items to be kept and re-fitted. 

4.8 Mapperley Kitchen & Bathroom LTD takes no responsibility for the condition of any products/ deliveries supplied by the customer. Any problems occurring with products/deliveries supplied by the customer will be sorted by the customer and if work is delayed, an additional labor cost will be charged. In the event that the customer requires Mapperley Kitchen & Bathroom LTD to collect/ exchange missing parts from their supplier, an additional cost of £50 per time needed will be charged at the final invoice. 

 

5. Fees:  

5.1 The fees (“Fees”) for the Services are set out in this quotation.  

5.2 In addition to the Fees, the Supplier shall be entitled to recover from the Client reasonable incidental expenses for materials used and for third-party goods and/or services supplied in connection with the Services.  

5.3 The Client shall pay the Supplier for any additional services provided by the  

Supplier that is not specified in this quotation in accordance with the Supplier’s then current, applicable rate depended on the additional services in effect at the time of performance or such other rate as may be agreed between the Supplier and the Client. The provisions of sub-Clause 5.2 shall also apply to such additional services.  

5.4 The Fees are inclusive of any applicable taxes or levies which are imposed or charged by any competent authority.  

5.5 In the event that the Supplier is asked to commence work on site too early to undertake a reasonable amount of work per day the supplier reserves the right to submit charges of £200 per employee per day.  

5.6 Should the Supplier be unable to complete work due to areas being made inaccessible by the client, and therefore called back to the site to complete any outstanding works, including additional snagging after the team has withdrawn from the site, charges will be payable by the client to the supplier at £200 per employee, per day.  

5.7 The Supplier and Client will agree prior to the commencement of works, that any staged payments must be strictly adhered to.  

 

6. Quotation, Contract and Variation  

6.1 This quotation constitutes written acceptance and confirmation by the Supplier of the Client’s order for the Services (as agreed between the Supplier and the Client).  

6.2 Having issued this Estimate, which is a contractual offer to provide the Services, the Supplier agrees to enter into a contract for the provision of Services upon the Client’s verbal or email acceptance of this quotation and of these Terms and Conditions.  

6.3 This quotation is valid for a period of 3 Months only from the date shown overleaf unless expressly withdrawn by the Supplier at an earlier time.  

6.4 Either the Supplier or the Client may cancel the order for any reason prior to the Client’s acceptance (or rejection) of this quotation.  

6.5 If the Client wishes to vary any details of the Services it must notify the Supplier in writing as soon as possible. The Supplier shall endeavour to make any required changes and additional costs shall be invoiced to the Client.  

6.6 If, due to circumstances beyond its control, the Supplier has to make any change in the Services or the arrangements relating to the provision thereof, it shall notify the Client immediately. The Supplier shall endeavour to keep any such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances.  

6.7 Prices set out in a quotation are correct at the time of issue but may be subject to change before terms are agreed, at the Supplier’s discretion. 

 

7. Payment  

7.1 Following the Client’s acceptance of this quotation, the Supplier shall invoice the Client for the Fees:  

(a) Deposit to start work 50%  

(b) Upon completion of its provision of the Services the remaining 50% and include any outstanding amounts due to changes or extra work taken. 

7.2 The Client shall pay the Fees due within when the work has been completed or otherwise in accordance with any credit terms agreed between the Supplier and the Client. 

7.3 Time for payment shall be of the essence of the Contract between the Supplier and the Client.  

7.4 If the Client fails to make payment within the period in sub-Clause 7.2, the Supplier shall charge the Client interest at the rate of 20% per annum above the Lloyds Bank base rate from time to time on the amount outstanding until payment is received in full.  

7.5 Receipts for payment will be issued by the Supplier only at the Client’s request.  

7.6 All payments must be made in Pound Sterling unless otherwise agreed in writing between the Supplier and the Client.  

7.7 If payment is made in cash a fee of 5% will be added to the total as per bank fees for depositing.  

7.8 If payment is made by Bank transfer no additional cost will be added.  

 

8. Sub-Contracting  

8.1 The Supplier shall be free to sub-contract the provision of the Services (or any part thereof).  

8.2 Where the Supplier sub-contracts the provision of the Services or any part thereof it shall ensure that any and all sub-contractors are reasonably skilled in the relevant practices and shall not pass any additional charges that may be incurred through the use of such sub-contractors on to the Client. 

 

9. Termination  

9.1 The Supplier may terminate the provision of the Services immediately if:  

(a) The Client commits a material breach of its obligations under these Terms and  

Conditions; or  

(b) The Client is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors. 

 

10. Intellectual Property   

The Supplier reserves all copyright and any other intellectual property rights (if any) which may subsist in the products of, or in connection with, the provision of the Services. The Supplier reserves the right to take such action as may be appropriate to restrain or prevent the infringement of such intellectual property rights.  

 

11. Liability and Indemnity   

11.1 If the Supplier fails to perform the Services with reasonable care and skill it shall carry out all required remedial action at no additional cost to the Client.  

11.2 The Supplier shall not be liable to the Client or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the Supplier’s obligations if such delay or failure is due to any cause beyond the Supplier’s reasonable control.  

11.3 The Client shall indemnify the Supplier against all damages, costs, claims, and expenses suffered by the Supplier arising from any loss or damage to any equipment (including that belonging to third parties) caused by the Client.  

 

12. Force Majeure  

Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, or any other event that is beyond the control of the party in question.  

 

13 Communications 

13.1 All notices under these Terms and Conditions shall be in writing and signed by, or on behalf of, the party giving notice (or a duly authorized officer of that party).  

13.2 Notices shall be deemed to have been duly given:  

(a) When delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;  

(b) When sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;  

(c) On the fifth business day following mailing, if mailed by national ordinary mail; or  

(d) On the tenth business day following mailing, if mailed by airmail.  

13.3 All notices under these Terms and Conditions shall be addressed to the most recent address, email address, or fax number notified to the other party.  

 

14. No Waiver 

14.1 No waiver by the Supplier of any breach of these Terms and Conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.  

14.2 No failure or delay on the part of either the Supplier or the Client to exercise any right, power, or privilege under these Terms and Conditions shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude, any other or further exercise of any other right, power or privilege.  

 

 15. Severance 

In the event that one or more of these Terms and Conditions is found to be unlawful, invalid, or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable). 

16. Consumer Rights 

Nothing in these Terms and Conditions shall affect the Client’s statutory rights as a consumer.  

 

 17. Law and Jurisdiction 

17.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.  

17.2 Any dispute, controversy, proceedings or claim between the Supplier and the  

Client relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.