The Customer’s attention is drawn in particular to the provisions of condition 8.
1.1 The definitions in this condition apply in the terms and conditions (these Conditions) set out in this document:
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods and/or Services in accordance with these Conditions.
Customer: the person or firm who purchases the Goods and/or Services from the Supplier.
Delivery Date: the delivery date set out in the Order or as otherwise agreed between the Supplier and the Customer.
Force Majeure Event: shall have the meaning given in condition 9.
Goods: the products that the Supplier is selling to the Customer as set out in the Order.
Order: the Customer’s order for the Goods, as set out in the Customer’s purchase order form, the Customer’s written acceptance of the Supplier’s quotation, or overleaf, as the case may be.
Order Confirmation: shall have the meaning set out in condition 2.3.
Services: the services that the Supplier is selling to the Customer as set out in the Order.
Site: the place for delivery and/or where the Supplier is to install the Goods and/or carry out the Services.
Specification: any specification for the Goods and/or Services, including any related plans and drawings, that is supplied to the Supplier by the Customer, or produced by the Supplier and agreed in writing by the Customer.
Supplier: LEICHT Contracts Uk Ltd (registered in England and Wales with company number 8859339).
Writing or written does not include faxes and e-mail.
1.2 Headings do not affect the interpretation of these Conditions.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
2. Basis of contract
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer shall ensure that the terms of the Order and any relevant Specification are complete and accurate.
2.3 The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order (the Order Confirmation) or upon the Supplier’s acceptance of a deposit from the Customer for the Goods and/or Services outlined in the Order, whichever is the earlier, at which point the Contract shall come into existence.
2.4 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the Contract. Any showroom displays, samples, drawings, descriptive matter, or advertising issued by the Supplier and any descriptions or illustrations contained in the Supplier’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or any other contract between the Supplier and the Customer for the sale of the Goods.
2.5 If any of these Conditions are inconsistent with any term of the Order, the Order shall prevail.
2.6 A quotation for the Goods given by the Supplier shall not constitute an offer. A quotation shall only be valid for a period of 30 calendar days from its date of issue.
2.7 All of these Conditions shall apply to the supply of both Goods and Services except where application to one or the other is specified.
3. Your Site
3.1 Dimensions stated on any plans show the sizes of the Goods. The Customer shall ensure such dimensions accord with the actual dimensions of the area into which the Goods are to be installed. The Supplier accepts no liability arising from a change in the actual dimensions of the installation area that occurs after the Supplier has measured it.
3.2 Materials (such as drawings, plans, notes or designs) that show the position of services (such as water, gas, electricity and ventilation) or the appearance of Goods are prepared by the Supplier in good faith but are artistic impressions only. Neither the Customer nor any third party installer should rely on information contained in such materials.
3.3 Prior to the installation of the Goods, the Customer must identify to the Supplier the location of any pipe or cable that could be damaged during the installation of the Goods. The Supplier accepts no liability for any damage that is caused to any pipe or cable that was not accurately identified to it.
3.4 The Customer shall ensure the Site is ready for installation of the Goods at the Delivery Date. The Customer shall ensure that, on the Delivery Date:
3.4.1 the Site is clear and ready for installation in accordance with the drawings attached to the Order Confirmation;
3.4.2 the Site’s walls are sound, straight and flush condition with one coat of emulsion; and
3.4.3 the Site’s flooring is in place and all other services at the Site are in position.
3.5 If the Site is not ready for installation to commence on the Delivery Date, the Customer will be responsible for any costs incurred by the Supplier as a result. The Supplier may charge the Customer a fee of £60 per calendar week or part thereof in respect of each kitchen installation that has been delayed (in addition to the Supplier’s storage costs contemplated in condition 4.3.1) or such other sum as the Supplier may agree in writing.
3.6 The Supplier accepts no liability in respect of any Goods and/or Services provided to the Customer, if the Site is unsuitable for the storage and/or installation of the Goods and/or Services.
3.7 Unless specifically stated in the Order Confirmation, plumbing, tiling, electrical and gas installation, plastering and building work will not be included in the Services. For the avoidance of doubt, the Services do not include the final connections of electrical appliances and water supplies to appliances.
3.8 If any additional works on the Site are required as a result of unforeseen complications with the Site, the Supplier will discuss the issues with the Customer and resolve them as quickly as possible either by amending the Order or creating a new order.
4.1 The Order Confirmation will specify if the Supplier requires the Customer to return any packaging materials to the Supplier. The Customer shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. Returns of packaging materials shall be at the Supplier’s expense.
4.2 Delivery of the Order shall be completed when the Supplier delivers the Goods and/or Services to the Customer.
4.3 The Delivery Date and any other dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to:
4.3.1 prepare the Site;
4.3.2 provide the Supplier with adequate delivery instructions;
4.3.3 provide the Supplier with any other instructions that are relevant to the supply of the Goods; or
4.3.4 comply with the Supplier’s reasonable requests.
4.4 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods and/or Services.
4.5 If the Customer fails to take delivery of the Goods within 14 calendar days of the Supplier notifying the Customer that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or the Supplier’s failure to comply with its obligations under the Contract:
4.5.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which the Supplier notified the Customer that the Goods were ready; and
4.5.2 the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). As at January 2011, this sum is £60 per week. The Supplier reserves the right to vary this sum from time to time.
4.6 If 10 Business Days after the Supplier notified the Customer that the Goods were ready for delivery the Customer has not taken delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.
5. Defective goods and returns
5.1 The Supplier can only guarantee availability of the Goods while stocks last. The Supplier has the right to substitute unavailable Goods that:
5.1.1 are not material to the Order; and
5.1.2 do not affect the appearance or performance of the Order,
with products that the Supplier reasonably determines to be appropriate alternative products.
5.2 Subject to condition 5.1, in the event that Goods that are material to the Order are unavailable, the Supplier will contact the Customer with suggestions of substitute products of similar appearance, performance, quality and price. In these circumstances, the Customer has the right to:
5.2.1 accept the substitute product and amend the Order accordingly; or
5.2.2 cancel the Order and receive a full refund.
5.3 The Customer acknowledges and agrees that:
5.3.1 the nature of the raw materials in the Goods means that colour, natural markings, veining, pits, cracks, vents and grain differences occur;
5.3.2 when the Goods are exposed to natural light or other environmental effects, colour change may naturally occur;
5.3.3 the Goods may be supplied cramped, stopped or reinforced when the Supplier, in its sole discretion, thinks it is necessary; and
5.3.4 the Goods may not be of the same colour or grain type as samples or showroom displays,
and the Supplier will not be liable for Goods and/or Services that are subject to the events contemplated by conditions 5.3.1 to 5.3.4.
5.4 The Supplier warrants that on delivery, and for a period of 24 months from the date of delivery (warranty period), the Goods shall:
5.4.1 conform in all material respects with their description and any applicable Specification;
5.4.2 be free from material defects in design, material and workmanship;
5.4.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
5.4.4 be fit for any purpose held out by the Supplier, and
the Supplier warrants that the Services will be provided using reasonable care and skill.
5.5 Subject to condition 5.4, if:
5.5.1 the Customer gives notice in writing to the Supplier during the warranty period within a reasonable time of discovery that some or all of the Goods and/or Services do not comply with the warranty set out in condition 5.4; and
5.5.2 the Supplier is given a reasonable opportunity of examining such Goods and/or Services,
the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods and/or Services in full.
5.6 The Supplier shall not be liable for the Goods’ failure to comply with the warranty set out in condition 5.4 if:
5.6.1 the Customer makes any further use of such Goods after giving notice in accordance with condition 5.5;
5.6.2 the defect arises because the Customer failed to follow the Supplier’s oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice;
5.6.3 the defect arises as a result of the Supplier following any drawing, design or specification supplied by the Customer;
5.6.4 the Customer alters or repairs such Goods without the written consent of the Supplier; or
5.6.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.
5.7 Except as provided in this condition 5, the Supplier shall have no liability to the Customer in respect of the Goods’ and/or Services’ failure to comply with the warranty set out in condition 5.4.
5.8 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
5.9 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.
6. Title and risk
6.1 The risk in the Goods shall pass to the Customer on completion of delivery.
6.2 Title to the Goods shall not pass to the Customer until the Supplier has received payment in full (in cash or cleared funds) for:
6.2.1 the Goods and/or Services; and
6.2.2 any other goods or services that the Supplier has supplied to the Customer in respect of which payment has become due.
7. Price and payment
7.1 The price of the Goods and/or Services shall be the price set out in the Order.
7.2 The Supplier may, by giving notice to the Customer at any time up to ten Business Days before the Delivery Date, increase the price of the Goods and/or Services to reflect any increase in the cost of the Goods and/or Services that is due to:
7.2.1 any factor beyond the Supplier’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
7.2.2 any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or
7.2.3 any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.
7.3 Prices include VAT. However, if the rate of VAT changes between the date of the Order and the Delivery Date, the Supplier will adjust the VAT the Customer pays, unless the Customer has already paid for the Goods in full before the change in the rate of VAT takes effect.
7.4 Payment in respect of contracts for Goods and/or Services must be made by the Customer as follows:
7.4.1 30% of the contract price upon placing the Order;
7.4.2 70% of the contract price in cleared funds five Business Days prior to delivery of the Goods and/or Services,
unless otherwise provided in the Order Confirmation.
7.5 If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment (due date), then the Customer shall pay interest on the overdue amount at the rate of 4% per annum above Barclays Bank plc’s base lending rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
7.6 The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against the Supplier in order to justify withholding payment of any such amount in whole or in part. The Supplier may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
7.7 Without limiting any other remedies or rights that the Supplier may have, if the Customer does not pay the Supplier on time, the Supplier may cancel or suspend any other outstanding Order until the Customer has paid the outstanding amounts.
8. Limitation of liability
8.1 Nothing in these Conditions shall limit or exclude the Supplier’s liability for:
8.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
8.1.2 fraud or fraudulent misrepresentation;
8.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
8.1.4 breach of the terms implied by section 12 of the Sale of Goods Act 1979;
8.1.5 defective products under the Consumer Protection Act 1987; or
8.1.6 any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
8.2 Subject to condition 8.1:
8.2.1 the Supplier shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or indirect or consequential loss arising under or in connection with the Contract; and
8.2.2 the Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed £500,000.
9. Events outside the Supplier’s control
9.1 The Supplier will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Conditions that is caused by events outside its reasonable control (Force Majeure Event).
9.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond the Supplier’s reasonable control and includes, in particular (without limitation), the following:
9.2.1 strikes, lock-outs or other industrial action; or
9.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, epidemic or pandemic; or
9.2.3 fire, explosion, storm, flood, earthquake, subsidence, extreme weather conditions, nuclear, chemical or biological contamination or sonic boom or other natural disaster; or
9.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
9.2.5 impossibility of the use of public or private telecommunications networks.
9.2.6 any law or government order, rule, regulation or direction, or any action taken by a government or public authority; or
9.2.7 failure of a third party supplier.
9.3 The Supplier’s obligations under these Conditions are suspended for the period that the Force Majeure Event continues, and the Supplier will have an extension of time to perform these obligations for the duration of that period. The Supplier will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which the Supplier’s obligations under these Conditions can be performed despite the Force Majeure Event.
10. Intellectual property rights
10.1 The copyright, design right and all other intellectual property rights in any materials and other documents or items that the Supplier prepares or produces for the Customer in connection with the Goods and/or Services will belong to the Supplier absolutely.
10.2 The Customer may not use the materials, documents or other items detailed in condition 10.2 for any commercial purpose.
11.1 The Supplier may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
11.2 The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the Supplier.
All notices sent by the Customer to the Supplier must be sent to Enclosure Interiors Limited at 106 Culverton Down, Tunbridge Wells, Kent, TN4 9SW. The Supplier may give notice to the Customer at either the e-mail or postal address the Customer provides to the Supplier in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three calendar days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
13.1 If any court or competent authority decides that any of the provisions of these Conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
13.2 A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
13.3 A person who is not party to these Conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
13.4 The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
Website Terms and Conditions
The term ‘LEICHT Contracts Uk Ltd’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is [address]. Our company registration number is 8859339. The term ‘you’ refers to the user or viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without LEICHT Contracts Uk Ltd’s prior written consent.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.
LEICHT Contracts Uk Ltd is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
LEICHT Contracts Uk Ltd may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 30 January 2014.
What we collect
We may collect the following information:
- name and job title
- contact information including email address
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
What we do with the information we gather
- We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
- We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
- Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
- You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at firstname.lastname@example.org
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to: 50 London Road, Sevenoaks, Kent, TN13 1AS.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.