Terms and Conditions

Hale & McCloy Design Ltd. Terms & Conditions 

Definitions:- 

We, Us, the Company, HM (Hale & McCloy Design Ltd. )

You, the Customer = The Customer or the person/company engaging in the contract 

1) GENERAL 

All orders are "special orders" and therefore cannot be cancelled unless agreed to in advance by us in writing only. If an agreement is made for cancellation we reserve the right to charge for all costs incurred by the Company as a result of this action. 

2) All deposits are non-refundable unless we agree to refund in writing or unless there is a clear breach of contract on the Company's behalf. 

3) All balances must be cleared in full prior to the specified delivery date and/or installation date. If a written agreement had been made between "you" & "us" for payment to be made on delivery this must be made by bank transfer only. 

4) WARRANTIES 

a) Where samples of goods or a colour chart are provided, these are submitted only as indicative of the class, size or colour of the goods quoted for and sales of any such goods shall not be by reference to any such samples or colour changes unless we can confirm in writing that we can supply an exact re-production of any samples or colours provided. Otherwise colour variance and any other variations that may occur due to the bespoke nature of the goods will not be the responsibility of the company. 

b) Whilst all descriptions and illustrations of the goods in catalogues, brochures and price lists provided by HM have been carefully prepared, they are intended nevertheless for general guidelines and do not form part of any contract for sale of goods. 

c) Any and all damages should be reported in writing within 3 days after delivery or installation. Where you cannot meet the requirement we may extend this period if you make a request in writing and we agree in writing. 

d) The warranty provided guarantees the product will be free from manufacturers defects for a minimum of one year from the date of purchase. Separate guarantee information which is supplied by the manufacturer of the goods is available on request, or may accompany the goods on delivery. 

e) Where HM agree to provide a specially designed plan, the customer agrees that he/she is obliged to check the accuracy and suitability of the plan and that HM shall not be liable for any omissions or inaccuracies in the measurements provided (unless it is found that the omissions or inaccuracy is the fault of the company). Any plan drawn up by HM remains their property and may not be reproduced in whole or in part without written consent. Where customer provide their own measurements HM cannot accept any inaccuracies or omissions whatsoever. 

f) Wood is a natural material and it should therefore be noted that because of this, goods can sometimes differ slightly in shade from that of our samples and may also have natural flaws in the material. Wood can also fade with natural light and our displays may vary slightly in shade from that of the goods you receive. 

g) Where necessary the Company, its servants or agents shall be allowed reasonable access to inspect faulty goods or workmanship forming any basis of complaint and reasonable time and access to remedy this complaint. 

5) COLLECTION BY THE CUSTOMER 

Once the customer has been notified that the goods are available for collection they must be collected within 2 months. If they are not collected we may return them to the supplier after notifying the customer of this course of action. If this course of action is deemed necessary all costs incurred will be met by the customer. Alternatively we may charge a shortage charge for the time we store the goods after the 2 month free period has elapsed. 

6) DELIVERY BY HM 

a) Any dates quoted for delivery of the goods are approximate only. However, all efforts will be made to secure a fixed & definitive date. All installation dates remain approximate unless confirmed as guaranteed dates in writing. 

b) Where goods are offered for delivery to a site, HM’s obligation is to deliver as near to the site a safe roads permit. 

c) HM receive the right to deliver goods by instalments, after notification in advance to the customer. 

d) Where goods are held by HM awaiting delivery or collection instructions, they may be subject to a small storage charge after 2 months of holding the stock 

e) HM shall not be liable for any delays which were beyond the seller's reasonable control. 

f) If for any reason beyond HM's reasonable control, HM is unable to supply particular items, HM will notify the customer and with the agreement of the customer will usually replace it with an item (where possible) of better standard and value except in cases where a model has been discontinued, in which case we will either offer the superseding model, an alternative model or a refund. 

7) DAMAGE, LOSS, SHORT DELIVERY 

a) On delivery the customer shall examine the goods for defects and completeness. If the customer detects a problem with the delivery of the goods, contact should be made to HM as soon as possible usually within 3 days of receipt. HM will rectify the complaint at no cost to the customer. This will either be by exchange or refund. Where the notice period above cannot be given, you should apply for an extension in writing 

b) HM's' liability for damage or non-delivery of goods will be limited to replacement or refund of the goods at the customer's discretion within a reasonable period of time. 

c) If the goods were purchased as a clearance item and sold at reduced cost this will be detailed on the invoice and no claim will be entertained unless the item is faulty. 

d) When a showroom ex-display item is sold at a reduced cost it may not necessarily be in perfect condition. All customers should check the suitability and condition of the product as we cannot accept ex-display or clearance goods for return unless proven to be faulty by an authorised engineer. 

e) The Company does not accept any consequential loss (compensation) of any nature unless such compensation has been agreed in writing by a director. 

8) GUARANTEES 

a) The guarantees contained in this paragraph cover defective materials where such defect has been notified to the Company in writing within 12 months of the date of delivery. The guarantees will be immediately invalidated should anyone other than the Company's approved representatives carry out any work (except in the case of an absolute emergency). A minimum call-out charge will be made for service calls not covered by the warranty and any further work thereafter will be charged at the prevailing rates communicated to the Customer prior to commencing work. 

b) All guarantees are invalid until goods are fully paid for and at the contractually agreed time. 

c) If a product is reported to be defective, we shall be entitled to prove mechanical or other defects as reported, and we will be given reasonable opportunity to rectify any complaint or concerns under the guarantee provided as part of this contract. 

9) VARIATION 

No variation of these conditions shall be effective unless either made in writing and signed by an authorised employee of the Company or unless it is contained in the confirmation of order issued by the Company upon acceptance of an order. 

10) The Company makes no recommendation or implied recommendation as to the suitability, qualification, experience or quality of sub-contractors’ work and will accept no liability in the event of any dispute between parties. (Only applicable where the customer engages their own sub-contractors or where a customer selects a fitter from the Tradesman Directory). 

11) Subject to the Technical Surveyor’s report or in the case of under-pricing, the Company reserves the right to amend orders and costing with the customer’s consent. This applies to all visible variations/additions; however, some items may only become apparent after the room has been fully stripped. Again, we will communicate this to you first and with your consent we will agree a price for all additions/variations. Conversely, In the case of over-pricing we will refund any monies due to you. 

12) Where HM contract to install the goods as a cost item payable directly to the fitter, the quoted installation dates will remain approximate only and may be subject to change. We cannot agree timescales and therefore completion may exceed one week in total. Owing to the complexity of the installation process and depending on what the fitters uncover whilst work is in progress, we cannot wholly guarantee timescale and to the customer’s complete satisfaction. Where delays occur, we will make all reasonable efforts to keep the customer up to date at all times (where possible). 

NOTE: Bespoke orders, which may include special furniture, long lead times, granite or Corian surfaces may take up to 4-6 weeks longer than a standard installation. 

13) CONDITIONS OF CONTRACT FOR INSTALLATION BY HM AND ASSOCIATED COMPANIES 

a) Installation (fitting, Electrical, Plumbing, Gas, Appliances, water etc). Any installation is unlikely to be completed in one day and it may be necessary to disconnect any supplies during part or all of the installation process. 

b) The customer agrees to provide free of use any necessary service already available in the property for the purpose of carrying out the installation. 

c) All personal items shall be removed from the original room by the customer prior to the commencement of installation. 

d) The Company accepts no liability for any damage resulting from structural or other defects in the property in which the installation is carried out. 

e) Where the customer employs other independent on-site service contractors, it will be the customers full responsibility for timing and co-ordination of installation and project management and HM accept no responsibility whatsoever for any act of negligence, error, or act of omission, as a result of other contactors unless full consultation and acceptance of any liability has been received in writing from an authorised management employee of HM. 

f) Where the customer undertakes to fit a kitchen in a newly constructed or recently plastered room, HM take no responsibility for cabinetry damage as a result of excessive moisture levels.

g) The customer shall ensure that the fitters and authorised agents for the contract shall have access at all reasonable times to the address at which the installation is designated. 

h) The customer undertakes to remove all blinds, curtains and obstructions which may affect the installation. 

i) The customer undertakes to remove all wall/floor tiles or floor coverings that may affect or prevent the installation in any way, (unless specified that the Company will do this in the sales contract). If the customer requires the fitters to remove any such items or should any wall or floor coverings become a hindrance to the installation process, there may be an additional charge for the removal of these items. If we are asked to remove any item, we cannot accept any responsibility for damage or loss although all reasonable care will be taken to prevent this. 

j) It is expressly agreed that all re-decoration work (whether by wallpaper or other coverings) and/or re-building work is excluded from the contract unless particular items have been specified in the sales contract originally. 

k) If items are damaged or missing the fitters will complete as much work as may be possible without the missing or damaged items. Once these items become available we will then at a later date complete the remainder of the work with the said missing or damaged items. 

l) The estimated time for the installation is given in good faith but is for customer guidance only. The fitters will use their best endeavours to install the products within the time indicated but should circumstances prevent them from completing the installation within the original estimated timescale, then the fitters reserve the right to either remain working until completion of the installation contract (where possible) or return at a later date to complete the installation contract and shall not be responsible for any loss arising from such delay. 

m) In the event that the customer requires the fitters to return because of either defective workmanship or materials, there will be no charge (within 12months only), however this does not apply to returning and replacing any damaged items caused by misuse, abuse, non-maintenance of the products, or wear and tear. In these cases a charge of one-hundred pounds for each callout will apply plus any additional costs to re-fit or replace the said items.

n) In the event that the customer requires the fitters to return, to re-fit or replace, cornices or plinths etc which have been removed either by outside contractors or by the customer for whatever reason, a charge of one-hundred pounds will apply plus an additional fee to re-fit or replace those said items. Likewise, if the fitters cannot fit items such as plinths or cornices etc due to other outside contractors, a return callout fee and labour charge will also apply for when these items are required to be fitted. 

o) The fitters shall not be liable for any loss or damage whatsoever caused by or arising from; an inherent structural weakness or defect or from any settlement, movement or subsidence in the customer’s property, and/or the failure of the fitter’s agents or representatives who are carrying out the survey to notice or bring to the attention of the customer any structural defects whether patent or latent, as most of these items cannot be uncovered until fitting commences and the room is fully stripped out. 

p) The customer must not turn on any services, unless authorised by the fitter to do so, during the installation process. If the customer does cause damage as a result of them or other outside contractors switching on a disconnected service, the Company accepts no responsibility for damage whatsoever. 

q) All prices quoted in this initial fitting charges estimate are subject to a pre-installation technical on-site survey and confirmation by the fitter or surveyor. They do NOT usually include any electrical requirements, plumbing requirements, building work, or other works not visible at initial survey nor does it include any re-building or remedial work to floor and walls, as a result of the removal or the existing kitchen works, unless it forms part of your written contract with us to the contrary. 

r) All dimensions and/or size designations used in plans are subject to verification on the job site and adjustment to fit job conditions as necessary. 

14) DISPUTES 

a) Any dispute arising between the Company and customer from the construction or performance of this contract shall be determined by the appropriate English courts to include any debt outstanding and any interest and/or costs incurred as a consequence of non-payment. 

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS. 

ON PAYMENT OF DEPOSIT, IT IS ASSUMED THE CUSTOMER HAS AGREED TO THESE TERMS AND CONDITIONS.

PLEASE ADDRESS QUERIES AND COMPLAINTS TO THE DIRECTORS OF HALE & MCCLOY DESIGN LTD. AT 3 THE QUADRANT, ST. ALBANS AL4 9RB.