Glotech Kitchens – Terms and Conditions
1.Definitions
1.1  In these conditions “The Seller” refers to Glotech (Global Domestic Appliances Ltd t/a Glotech) or any associated company and “The Buyer” refers to the purchaser of goods under these conditions.
1.2  The “Contract” shall mean any contract for Goods or Services made between the Company and the Buyer:
1.3  The “Goods” shall mean the products, articles to be sold by the Company:
1.4  The “Services” shall mean any services provided by the Company to the Buyer (whether or not the Buyer shall purchase goods);
2. The Contract
2.1  These conditions shall be incorporated into each and every contract made between the Company and the Buyer and shall apply to the exclusion of any terms or conditions put forward by or on behalf of the Buyer: and shall not create any agency or partnership between the Company and the Buyer or any third party.
2.2  No variation or waiver of or addition to these conditions, whether written or oral, shall have effect unless and until authorised in writing by a manager of the Company.
2.3  Quotations and estimates, whether written or oral, submitted by the Company shall be deemed to be an invitation to treat and not an offer.
2.4  Any order given in respect of a quotation or estimate must state the date, the reference of that quotation or estimate and address for delivery.
2.5 Every contract of sale between the Seller and the Buyer is subject to these conditions. No variation of these conditions shall be effective unless expressly made in writing by the Seller.
3. Orders and specifications
3.1 No order submitted by the buyer will be deemed to be accepted by the seller until confirmed in writing by our authorised representative and a deposit is received.
3.2 Once the order has been placed and the deposit taken, any changes or amendments to the agreed specification may occur additional charges and the seller is authorised to make such charges.
3.3 The quantity, quality and description of any specification for the goods will be those set out in our quotation (if accepted by you) or your order (if accepted by us).
3.4 We reserve the right, upon notifying you as soon as possible, to make any changes in the specification of the goods which are required to conform with any applicable statutory of EU requirements or, where the goods are to be supplied to our specification, which do not materially affect their quality or performance.
3.5 Where any change is fundamental to the goods ordered you will have the right to terminate the contract within 14 days of our notifying you of the change and any deposit paid by you will be refunded in full.
3.6 The buyer cannot cancel the order unless we agree in writing or we have refused to comply with our contractual obligations. In any other case the buyer will be liable to forfeit the deposit paid to cover any losses and costs we suffer because of the cancellation.
4. Time Limits
4.1 Any time or date quoted by the Company for delivery or collection of all or any of the Goods or performance of any Services is an estimate only, and the Company shall not be liable for any failure to meet any such estimate nor for any loss, whether financial or otherwise resulting directly or indirectly there from. Time is not and shall not be of the essence in relation to this condition or the performance by the Company of its obligations under the Contract.
Collections and Delivery
4.2. The Seller shall not be liable for any failure or delay in delivery and any date for delivery given must be considered an estimate.
4.2  If the Company is unable to effect delivery on arrival at the Buyer’s premises for any reason whatsoever, an additional charge for any return or subsequent visit will be made.
4.2.2 Time of delivery of goods is not to be of the essence of any contract between the Seller and Customer.
4.2.3 Delivery shall be deemed completed when the goods are on the Customer’s premises.
4.2.4 Unless contracted otherwise the Seller is not responsible for the unpacking of the goods, or disposal of the packaging.
4.2.5 It is the responsibility of the Customer to ensure the goods are of suitable dimensions to transport and fit into the designated area. All goods delivered to the Customer’s premises and accepted by the Customer remain the sole responsibility of the Customer and the Seller shall not be liable for any loss or damage to the goods thereafter including when installation works are in course and remain to be carried out.
5. Losses or Damage in Transit
5.1   The Buyer is under a duty wherever possible to examine the Goods on delivery or on collection (as the case may be).
5.2   Where the Goods cannot be examined the carrier’s note or such other document or note (as the case may be) shall be marked by the Buyer at the time of the delivery “not examined”.
5.3   The Company shall be under no liability whatsoever for any defects or shortages as aforesaid unless notified in writing of the details within seven days following despatch.
5.4   In all cases where defects or shortages are complained of the Company shall be under no liability to the Buyer in respect thereof unless a reasonable opportunity to inspect the Goods is provided to the Company by giving at least 48 hours notice in writing before any use is made thereof or any alteration or modification is made thereto by the Buyer.
5.5   The Company shall make good any defects or shortages in accordance with the terms of this condition but otherwise shall be under no liability whatsoever, whensoever and howsoever arising, whether by way of negligence or otherwise, for such defects or shortages (save for death or personal injury caused by the Company’s negligence).

6. Cancellation by the Buyer
6.1 No cancellation of the whole or any part of any order, whether it is an order by installment or otherwise, by the Buyer is permitted except where agreed in writing in advance by a Manager of the Company.
6.2 Any deposit paid will not be refundable on any cancelled orders
6.3 Goods, once delivered, may not be returned unless authorisation has been given as specified in condition 6.1 and provided that the following conditions are satisfied: -
6.3.1 Goods will only be accepted if they are in brand new and unused condition;
6.3.2 Packaged items will only be accepted if the package remains unbroken and in reasonable condition;
6.3.3 Goods will only be accepted if returned within three weeks of the date of collection or delivery;

6.4 Where Goods are returned by agreement: -
6.4.1 In every case a restocking charge will be made
6.4.2 In every case the invoice number and date together with reason for return must be stated.
7. Cancellation by the Company
The Company has the right forthwith to determine any order or notice in writing in the event of the occurrence of any of the forthcoming events.
7.1   If the Buyer commits any breach of the Buyer’s obligations to the Company; or
7.2   If any distress or execution is levied on the Buyer, his property or assets; or
7.3   If the Buyer makes or offers to make any arrangements or composition with creditors; or
7.4   If the Buyer commits any act of bankruptcy; or
7.5   If any petition or receiving order in bankruptcy is presented or made against the Buyer; or
7.6   If the Buyer is a Limited Company, any resolution or petition to wind up the Company is passed or presented if an     administrative receiver is appointed or if the customer enters into administration or another similar process; or
7.7   If a receiver of the Buyer’s undertaking property or assets or part thereof is appointed; or
7.8   If any goods in the Company’s opinion are not suitable for the Buyer’s requirements; or
7.9   If any goods cannot, in the Company’s opinion, be obtained within a reasonable time of being ordered.
8. Price
8.1   Any price quoted by the Company is based upon current price ruling as at the date appearing on the quotation, but the actual price to be charged to the Buyer under the Contract shall be based upon such ruling price (less any discount allowed by the Company) current as at the date of invoice and shall include the cost to the Company of any carriage, insurance and/or storage effected by it in connection with the Buyer’s order. In accordance with the terms of this condition, the Company shall be entitled at any time up to the date of the invoice to vary the price quoted to the Buyer.
8.2   Unless otherwise expressly stated in writing, all prices are exclusive of, and therefore subject to the addition of VAT.
9. Payment
9.1   Subject to any special terms agreed in writing between the seller and the buyer, the price of the goods and any applicable VAT and charges for transport, packaging and insurance will be due and payable by you as follows:
Deposit of 50% upon your acceptance of our quotation or our notifying you of our acceptance of your order as the case may be, and
supply only
the full balance  for goods upon our notifying you that the goods are ready for delivery (cleared funds prior to delivery).
Full installation
45% of the total for goods upon our notifying you that the goods are ready for delivery (cleared funds prior to delivery).
Final balance of 5% payable on final completion.    

9.2   Any delay or default by the Buyer in making payment in accordance with condition 9.1 shall render all sums owing to the Company or any account whatsoever including the costs of recovery of such sums, due and payable forthwith without requirement for any notice to be given to the Buyer, and interest will be charged in accordance with condition 9.1 with immediate effect until the date of actual payment.
9.3   The Buyer shall not be entitled to withhold payment of any amount payable to the Company by reason of any dispute or claim by the Buyer. In the case of any short delivery or damaged Goods to the Buyer, the Buyer shall remain liable to pay the full invoiced price of all other Goods and services delivered.
9.4   Any Buyer wishing to pay their account by credit card should note that credit card payments are subject to a 2%
invoice surcharge.
9.5   All invoices must be paid directly from the Buyer and not a third party.

10. Installation  and supply only
Glotech Gold Kitchen installation
10.1 Glotech Gold Installation is where the Seller takes full responsinilty of the installation of the buyers order.
10.2 Glotech Gold Installation includes all rubbish and debris removal resulted from or during the installation.
10.3 The seller is fully entitled to use sub contract labour for a Glotech Gold installation
10.4 The Glotech Gold installation includes all work as detailed in the works description and any additional works not mentioned will be quoted and charged for separately.

Supply only
10.5 In the case of supply only kitchens it is not the responsibility of the seller to supply fitting instructions for a third party fitter/contractor and it is the buyers responsibility that their chosen fitter is competent in fitting the type of kitchens supplied by the seller.
10.6 The seller will not be responsible for any costs or extra costs that the buyer may incur from their fitter or contractor for installation  except where the seller has failed to comply with this contract.
10.7 It is the buyers responsibility that the chosen fitter or contractor has the correct drawings/plans to work from and is in full understanding.

11. Disputes and set-off.

12. Risk

13  Title
13.1  Notwithstanding the passing of risk under condition 11, unless and until full payment shall have been made to the Company of all sums due to it under the Contract and/or under any other Contract between the Buyer and the Company on any account whatsoever, property in and beneficial title to the Goods shall remain in the Company; and
13.2 The Buyer shall store the Goods separately from all other Goods and products and in such a way that they can be readily identified as being the property of the Company;
14 Termination and suspension
14.1 Without prejudice to any rights and remedies available to it, whether under the contract or otherwise, the Company  shall be entitled in its absolute discretion and upon giving to the Buyer written notice of its intention to do so,        either to terminate wholly or in part of the Contract and/or any other Contract with the Buyer or to withhold, vary or       suspend performance of all or any of its obligations under the contract or any other Contract in any one or more   of the following events; -
14.2  If any sums owing to the Company from the Buyer on any account whatsoever shall be unpaid after the due date for payment.
14.3  If the Buyer shall refuse to take delivery or collect any of the Goods in accordance with the terms of the Contract;
14.4  If an insolvency takes place;
14.5  If the Buyer shall commit any breach of any Contract with the Company;
14.6  If the Company in good faith shall have doubts as to the solvency of the Buyer;
14.7  Where it is necessary to make alternative arrangements to deal with supply shortages. In such circumstances, the Buyer’s obligation to purchase Goods hereunder shall remain binding to the extent that the Company meets the Buyer’s order;
14.8  If the Buyer refuses to permit or hinders performance of Services,
The Company shall be entitled to exercise its rights of termination or suspension hereunder at anytime during which the event giving rise thereto shall not have ceased or been remedied, and in the circumstances of any such suspension, the Company shall be entitled to require as a condition of resuming performance under the Contract, pre-payment of or such security as it may stipulate for the payment of any sum or sums due or to become due to it. Upon any such event happening the Company shall also have a general lien over all monies and property of the Buyer in its possession for any sums due to the Company.
15. Warranties and Liability
The liability of the Company is subject to compliance by the Buyer with all the terms contained.
15.1 The Company shall make good by reimbursement of the whole or part of the price (and, where relevant, as a deduction from any part of the price remaining unpaid) or at its option by repair or by replacement any defect developing under normal use in the Goods and due solely to faulty design (except where the design is supplied by or on behalf of the Buyer), faulty materials or faulty workmanship provided that: -
16. Law and Jurisdiction
These conditions and the contract shall be subject to and construed in all respects in accordance with English Law and any legal proceedings that may arise shall be bought in the appropriate Courts in England.
17. Representations
The Company’s employees are not authorised to make representations as to the life or wear of the goods supplied or that they will be suitable for any particular purpose or for use under any specific conditions. The Seller hereby excludes any oral representations.