means the person signing below/overleaf (and if more than one, both or all of you: your obligations being as individuals and together);
"us" and "we"
means Hammonds Furniture Limited;
means the items specified above/overleaf;
means the place where the goods are to be fitted (as specified above/overleaf);
means the person we contract to fit the goods.
2. PLEASE READ THIS CONTRACT CAREFULLY AS WE WILL RELY ON THE TERMS SET OUT HERE AND ABOVE/OVERLEAF AND NEITHER WE NOR YOU CAN ALTER THEM WITHOUT THE AGREEMENT OF THE OTHER.
3. We agree to supply and fit the goods at the site, unless it is stated otherwise above/overleaf.
4. We will try to fulfil our obligations under this contract within a reasonable time. However, any fitting or completion date we give is a guide only and is based upon information given by you and other information known to us at the time. We cannot be held liable for delay or failure to complete the works caused by events beyond our reasonable control, in those cases we will complete the work as soon as reasonably possible.
5. If we have agreed with you to arrange for the goods to be fitted, the following applies:
i) you agree:
a) to make sure that the fitter has access to the site at reasonable times (between 8.30am and 6.30pm on weekdays) or otherwise as agreed by you and us;
b) to make sure that any re-routing or installation of plumbing (including water, radiators, drainage, gas, sewage and the like), or electrics, removal of existing furniture and carpets have been carried out to a good workman-like standard prior to the fitting date;
c) to make sure that the fitter can use the mains electricity supply from a standard 13A 240V socket free of charge, and that the supply is installed to the usual standards in force at the time;
d) that you will not make any material alterations in the rooms to be fitted, and that in particular you have not installed, relocated or removed any fixed items that you have not told us about before we entered into the contract;
e) that you have permission to use any plans or drawings you supply to us;
f) to provide reasonable access to the room to be fitted (ladder access is not acceptable) to clear the room to provide sufficient working space for the fitter, and co-operate in reducing health and safety risks to an acceptable level.
g) if you wish to cancel or postpone your fitting date within 21 working days of the due date we will incur costs and cancellation or postponement may be subject to a £150 charge.
ii) You confirm that you have told us of any particular features which you know about the site or its construction which may make the installation more difficult than we might reasonably expect. In particular, you acknowledge that you have checked the walls are sound.
iii) You are advised not to decorate rooms (except the space where front frame furniture is to be installed) prior to installation in order to avoid minor incidental damage caused during installation.
6. Unless we have specifically mentioned otherwise, VAT has been included in all our fees and charges at the applicable rate.
i) We may make improvements to the specifications of the goods (or minor cosmetic changes) or their installation before completion of the installation.
We will not make any significant changes without your agreement.
ii) All our wood products are of a satisfactory quality although as wood is a natural product it can vary in grain or colour.
iii) For installation and safety purposes there may be a join in any material over 2,100mm.
8. You have the right to cancel this contract within 7 days.
Under the Cancellation of Contracts made in a Consumer's Home or Place of Work etc Regulations 2008 you have a right to cancel this contract within seven days from the date of signing the contract.
If you wish to cancel this contract you
MUST DO SO IN WRITING and deliver personally or send (which may be by electronic mail) this to the person named below.
The Customer Care Department, Hammonds Furniture Limited, Nutts Lane, Hinckley, Leicestershire LE10 3QQ
Your notice of cancellation is deemed served as soon as it is posted; if sent electronically then it is deemed as served on the day it was sent.
Please note that although you have a right to cancel within 7 days, you will be required to pay for any goods and services that we supply with your written agreement prior to that date.
If you have entered into a credit agreement to fund your purchase, the credit agreement will automatically be terminated upon cancellation of this contract.
If you submit your cancellation by post, then you may use the detachable form at section 15 of these Terms. If you
cancel by e-mail, please ensure that you include all the details shown on the form and send your cancellation to email@example.com
9. If you ask to cancel the contract, after the 7 day period set out in paragraph 8 above, we will consider agreeing, but we estimate that we will incur the following costs, and cancellation shall be subject to you paying the following charges within 7 days of us notifying you of the accepted cancellation;
i) if we have started manufacturing the goods, 50% of the contract price;
ii) if we have completed manufacture of the goods, 75% of the contract price;
iii) any sum remaining unpaid after the date it became due will attract interest at a rate of 3% above the base rate of National Westminster Bank plc.
10. The legal ownership of the goods will not pass to you until you have paid all of the money you owe us whether under this agreement or otherwise. You are responsible for the goods as soon as they are delivered to the site and we advise you to check your household insurance to ensure that you are covered.
11. This contract will end if you become bankrupt or otherwise insolvent, or make any arrangement with people you owe money to, in which case we will only carry out work we have started and which has been paid for.
12. We guarantee goods, that we have supplied, against defects in manufacturing or installation for 10 years after the completion of the work. This guarantee will only apply if:
i) you have properly cared for and used the goods and followed any instructions provided by us, particularly in the case of gloss and high sheen furniture;
ii) you write to us as soon as is reasonably practicable after discovering a problem that you wish to claim for under the guarantee;
iii) you do not move the goods without our prior written consent;
iv) you do not owe us any money under the contract;
This guarantee excludes electrical and light fittings, bulbs and glass. We shall, at our discretion and taking into account fair wear and tear, repair, replace or re-install the goods. Should your claim be the result of fair wear and tear or damage, or if the installation is outside the 10-year guarantee period, there will be a £50.00 (payable at the time of the visit) call-out charge in addition to our then current price for repair and/or cost of any materials used.
AS A CONSUMER YOU HAVE STATUTORY PROTECTION REGARDING FAULTY OR MISDESCRIBED GOODS OR INADEQUATE SERVICES SUCH
AS INSTALLATION. THESE TERMS DO NOT AFFECT THOSE RIGHTS.
13. This agreement is made under English law.
14. Payment Terms
20% of total price deposit with order.
64% of total price 15 working days before delivery.
16% of total price on the day of completion - please contact our Consumer Payments Department to arrange payment.
If the payment terms are not met the goods will not be sent to you. If you have not decided on the exact specification of the order prior to installation such as colour choice of upholstery, you must still comply with the payment terms agreed at the time of placing the order.
A credit card usage charge of 1.5% will be applied to the value of any credit card payments, which will mean for each £100 we will charge £1.50. No usage fee is payable for payments made by debit card.
If the order value exceeds £10,000 we reserve the right to consult credit reference agencies before agreeing credit terms, and you consent to us providing details to such agencies.
Hammonds Furniture Limited. Registered Office; Manor Court Chambers, 126 Manor Court Road, Nuneaton, Warwickshire, CV11 5HL. Registered in England No. 1320508