Unfair Terms

unholyangel

XCloverleafX said:

I think the labour more than doubled as the contractor they organised didn't realise they needed to put something down over the underfloor heating and before the flooring. I can't remember what it was called. When I questionned this with the kitchen company they said it was nothing to do with them and to contact the person who they organised to do the work!

Did you have a choice in who the 3rd party was? Have you been given anything in writing? Did the kitchen company disclose, before you agreed the contract, they were only acting as agent for the 3rd party? 

How did you order from them? Did they come to your house, or did you go into their store? Or something else?

XCloverleafX

They arranged the third party I did not know of this person before I ordered the kitchen. He arranged time to come for the quote but the company contacted him initially not me. The quote was emailed to me and when I questionned it doubling they stated it was nothing to do with them and call the contractor.

I ordered at their premises but was unaware of the terms and conditions as it was on the back of the order form which I signed. There was no mention of terms and conditions on the front of the form where I signed.

Aylesbury_Duck

XCloverleafX said:

They arranged the third party I did not know of this person before I ordered the kitchen. He arranged time to come for the quote but the company contacted him initially not me. The quote was emailed to me and when I questionned it doubling they stated it was nothing to do with them and call the contractor.

I ordered at their premises but was unaware of the terms and conditions as it was on the back of the order form which I signed. There was no mention of terms and conditions on the front of the form where I signed.

On the first paragraph, you need to get to the bottom of whether you have a separate contract for installation.  Some of the national carpet chains do this: you buy the carpet from them and arrange the fitting through them, but your contract and the payment for the fitting is with the fitter, not the retailer.

On the second point, I'm afraid that's a weak argument.  What terms and conditions did you think you were agreeing to, if you didn't see any?

unholyangel

XCloverleafX said:

They arranged the third party I did not know of this person before I ordered the kitchen. He arranged time to come for the quote but the company contacted him initially not me. The quote was emailed to me and when I questionned it doubling they stated it was nothing to do with them and call the contractor.

I ordered at their premises but was unaware of the terms and conditions as it was on the back of the order form which I signed. There was no mention of terms and conditions on the front of the form where I signed.

What were the T&Cs on the back? 

Did any of them make you aware installation was with a third party/you didn't have a contact with the kitchen company for it? 

XCloverleafX

They informed me they could arrange/organise everything and on the installation sheet under additional work they have written fit floor £1200. It was when I received the email from the kitchen company with a quote attached from the floor fitter with the labour cost increasing to over £2700 that I tried to cancel the kitchen. They replied "costs can sometimes differ slightly following surveys" I was informed I couldn't cancel the kitchen, asked for an invoice then they informed me they had cancelled production. It is a total mess and they have over £4,000 of mine.

At this point they told me I can cancel the kitchen but would be charged £3,150 for "this was to dump kitchen  which is part cut and part assembled and pay restocking on board + computer programming order checking etc."

At this stage I got Trading Standards involved but they said no criminal activity so I may wish to take civil action. This has been dragging on for months and it is very upsetting. Trading Standards did email me to state they would hold the price of the kitchen for 6 months and not charge storage. I decided to just accept delivery as my builders had capacity a couple of weeks again so again emailed for an invoice only to be told they would have to get back to my due to it "needs repricing due to costs increasing" I am now going to try and sue them for breach of contract as they originally cancelled production after informing me it couldn't be cancelled. I also think their terms and conditions are unfair as they are biased towards them. I will paste them separately.

XCloverleafX

unholyangel said:

XCloverleafX said:

They arranged the third party I did not know of this person before I ordered the kitchen. He arranged time to come for the quote but the company contacted him initially not me. The quote was emailed to me and when I questionned it doubling they stated it was nothing to do with them and call the contractor.

I ordered at their premises but was unaware of the terms and conditions as it was on the back of the order form which I signed. There was no mention of terms and conditions on the front of the form where I signed.

What were the T&Cs on the back? 

Did any of them make you aware installation was with a third party/you didn't have a contact with the kitchen company for it? 

TERMS AND CONDITIONS

 

1. GENERAL

(a)           In these conditions the company  means THE SUPPLIER and the registered office means the registered office for the time being of the company, and the Buyer means the Buyer named overleaf. (b)      The Buyer has requested  the Company  to supply and/or  fit the goods specifies overleaf and the Buyer shall pay for the sale/supply and/or fitting of the goods in the manner hereinafter  set out.

2. THE COMPANY'S CONDITIONS

(a)           These terms and conditions shall apply to the contracts, sale, supply of goods, entered into by the company  to the exclusion of all other terms and conditions warranties  and representations whether express or implied. No variation of or additions to these terms and conditions shall be binding upon the Company  unless expressly accepted by the Company  in writing under the hand of an authorised official of the Company.

(b)

Save as provided herein all representations, warranties, terms and conditions statutory or otherwise express  or implied herein or in any agreement  collateral hereto in respect of the goods supplied or their use are expressly  excluded.  Except to the extent contained herein the Company  shall not be liable either in contract or in tort for any loss or damage direct or indirect suffered by the Buyer or by any other person in conjunction with the use of the goods.

(c)           In the event of the buyer not holding himself out as acquiring the goods in the course of business  Clause 2 hereof does not and will not affect his statutory rights.

3. PRICES

(a)

(b) (i)

All prices include only such goods and accessories  as specified overleaf and are for the quantities  expressed  in conjunction with them. Any variation in quantity may entail the Company  varying the price for the goods.

At any time before delivery has been completed by the Company  shall be entitled to vary the price of the goods to take into account  all or any of the following factors:-

Any variation in the manufacturer's prices between the date of the order and the date the manufacturers make delivery to the company  (the prices specified overleaf are based only on manufacturer 's prices current at the date of the order)

(ii)           Where goods are imported any variations of the official currency  exchange  rates or special taxes or charges imposed by any governments. (iii)            Increased costs resulting from the prohibition or actions of other governments.

(iv)           Increased labour costs.

(v) Increased material costs. (vi) Increase production  costs.

(vii)          Any costs unavoidable incurred  as a result of individual dispute.

(c)           All quotations  are based on the fact that all surfaces, walls, floors, structural, electrical, gas, water and other services are or will be made fit for the purpose designated  in the contract unless otherwise  specified. If such surfaces or services are found to be unsuitable during installation then the customer  will be advised of the reasons for any additional  costs and will bear the additional costs, over and above then quotation, in order that such items are made fit for the contract to be completed. Any such price increase  will be limited to the unavoidable  result of defects.

4. PAYMENT (I) GENERAL

(a)           The Buyer shall pay the total price 21 days before delivery of the goods to him and in any event within 28 days of the Company  notifying the Buyer in writing that the goods have been manufactured in accordance  with the agreed specification and are available for delivery or collection at the Company's  place of business or within 28 days of the tender of the goods to the Buyer.

(b)           The Company  shall at its discretion (without prejudice to its rights to treat the contract as repudiated  and claim damages) be entitled to withhold despatch and/or delivery of the good until all monies owing to it by the buyer shall be paid in full.

(c)           Without prejudice to any other provisions  of these conditions the Company  may in its absolute discretion if doubt arises as to the Buyers solvency  suspend delivery until satisfactory security has

been given for due performance by the Buyer of his obligations hereunder.

(d)           No special terms of payment  will be operative unless confirmed in writing by a Director of the Company.

(e)           The Balance of the contract will be payable 21 days before the delivery  of goods to him (please note that any minor remedial work will be carried out as soon as possible after practical completion and should not be grounds for deferring payment  of the final balance).

The goods remain the property of the supplier until such time as they are fully paid for. (II) DISCOUNT/SPECIAL OFFERS

(a)           The Company  may at it's own discretion offer goods,  services or fitting at a discount or put forward some special offer, for example  the free fitting of a kitchen or t/2 price appliances.  Such discount or special offer shall be conditional upon compliance  with the full terms of clause 4 (I) herein. Thus should the buyer default in payment  on the due date of countermand payment  or take any other step to cancel or reduce payment  to the company or in any other way to fully comply with the said obligations without the Company's  express  written consent, then the terms of any discount or special offer will be automatically  terminated  and the Buyer will become liable for the full price of all goods, services and fitting provided.

5. INFORMATION

We rely on the information  supplied in the manufacturer's literature and where there is a variation to the specification  of products featured we will advise you of this at point of purchase.

6. PLANS/DESIGNS

The plans and designs used to prepare the quotation are the property of the Company  until such time that the final balance for the contract has been paid. They shall not be reproduced either totally or in part without the written consent of the company.

The plans and designs are for guidance purposes  only and if computer  aided design is used then this is subject to additional colour variations and any computer  aided perspectives shall not form any part of the contract whatsoever.

7. DEPOSIT

(a)           The Company  may in its discretion request that the Buyer shall on the making of this contract pay a deposit. Such deposit will be credited to the Buyer at the time that the Buyer shall make payment  for the sale/supply  of goods and or fitting.

(b)           Should the Buyer fail to fulfil his obligations under the terms of this contract so that the company shall be entitled to repudiate the said contract then, without prejudice  to any other rights or remedies  available to it, the Company  may forfeit and retain any deposit paid.

8. STORAGE/DELIVERIES

In the event of the buyer not taking delivery on the agreed date the supplier will reserve the right to charge storage at £100 per week.

9. CANCELLATIONS AND VARIATIONS

The Company  reserves the right to change  specifications  as to colour, products  or product  specifications  as conditions warrant but subject to express  agreement  between the parties whether oral or in writing.

No alteration  or variation in the order by the Buyer shall be binding on the Company  unless details of the alteration or variations are given by written notice to the Company's head office. The buyer shall pay any increase in the agreed price attributable to such alterations  or variations in accordance with clause 3 above and in any event shall indemnify the Company  for any loss arising from such alterations of variations.

If it is necessary  for the client to postpone  an agreed installation date an additional charge of £500 will be added to the contract to cover administration costs and the scheduled  time of the relevant

installation team. This amount may be waivered  by the company should the company  be able to refill the relevant installation teams scheduled  time with alternative  work, or a proportion  thereof .

10. GUARANTEE AND LIMITATIONS  OF LIABILITY FOR DEFECTIVE MATERIALS OR GOODS

(a)           The Buyer shall have the benefit of and be subjected to such product guarantees as the Company  from time to time provides and the Buyer is deemed  to have full knowledge of the terms of such guarantees, copies of which will be supplied bu the Company  on request. The Company  reserves the right to provide guarantees on any product  from time to time offered for sale.

(b)           Save as provided by any express guarantee or by any other term of these conditions all representations, warranties and conditions express or implied in respect of the goods of their use are

hereby expressly  included. This clause shall not prejudice  a customers  statutory rights.

(c)           Except to the extent contained in any such guarantee or required by statute the Company  shall not be liable or in tort for any loss or damage  suffered by the Buyer or any other person in connection  with the goods or their use.

H. PROPERTY  TITLE AND RISK IN THE GOODS

(a)           Subject Clause (b) hereof property in the goods sold shall not pass to the Buyer until full payment  for the goods has been made to the Company.

(b)           Between the date of delivery and the date of full payment  by the Buyer, the Buyer shall be entitled to sell the goods, whether or not, incorporated in with other goods, and to deliver the same to a Sub Buyer. Upon such delivery, the property in the goods shall pass to the Buyer unless by operation of law it has previously  passed to him. In selling the goods whether or not the same shall have been incorporated in or with other goods, the Buyer shall, as between himself and the Company  only, be deemed to be acting as agent for and trustee of the Company  and shall hold such part of the proceeds as a separate and identifiable  fund in the name of and as the property of the company.

(c)           Notwithstanding the provisions  of sub-paragraph (a) above the Buyer shall from the date of delivery of any goods bear the risk of accidental loss or damage.

(d)           Failure on the part of the Buyer to comply  with the conditions or the term of payment  shall give the company  the right to withhold or cancel, as its opinion, any undelivered portion of this contract without prejudice  to such rights as they may have.

12. CUSTOMER  RESPONSIBILITIES

It will be the responsibility  of the customer to ensure, in writing, that they have obtained  any necessary  consent or planning  permission necessary  for the installation to commence. The Company will not be responsible  for any damage or loss to the customer caused by any failure to obtain such consents.

AFTER SALES ADVICE

The Company's after sales service is available on all goods supplied by them. Parts are guaranteed  for the period of the manufacturers  guarantee.

WAIVER OF CONDITIONS

Any waiver of the aforementioned conditions  must be signed by a director of the Company.

born_again

So did the kitchen co provide the quote for the Floor without that company actually coming out and inspecting you floor? 

As I can see why the quote would change. 

XCloverleafX

born_again said:

So did the kitchen co provide the quote for the Floor without that company actually coming out and inspecting you floor? 

As I can see why the quote would change. 

No they fitter had already been out before I received the first quote. They came out again and that is when I received the 2nd quote.