Terms and Conditions
Sale of Goods to Consumers
1. Definitions
In these terms and conditions, the following expressions have the following
meanings:
“Company” means Kensington Home Technology Limited;
“Conditions” means these terms and conditions;
“Goods” mean the goods you agree to buy from the Company; and
“Order” means your order which has been accepted by the Company;
“Price” means the price payable in respect of the Goods.
2. Identity of Supplier
The supplier of the Goods is Kensington Home Technology Limited whose registered
address is 53 Cavendish Road, London SW12 0BL
3. Creation of contract
The agreement between you and the Company will only come into existence
once the Company has accepted your instructions and you have signed the
Goods Specification Sheet attached to these Conditions. Once you have done
so the Company has done so, there is a binding legal agreement between you
and the Company. In addition, if you have not signed the Goods Specification
Sheet but continue to accept Goods, a binding legal agreement will be deemed
to have been entered into between you and the Company.
4. Goods
The Goods shall be such as are described in the Company's quotation or as
otherwise described to you in writing by the Company.
5. Price
The Price shall be that which is quoted in the Company's price quotation
or is otherwise quoted to you in writing by the Company.
Value added tax is payable on the Goods in addition to the Price and on
all other sums payable under these Conditions at the appropriate rate.
6. Terms of payment
Unless otherwise expressly agreed in writing by the Company, you will pay
strictly prior to delivery of the Goods the invoice in respect of any Goods
ordered being submitted by the Company. Payment should be made by BACS payable
to the Company or other method of payment as agreed by the Company.
No goods will be delivered until payment has been received in full. All
goods remain the property of Kensington Home Technology until full cleared
payment has been received.
If payment or any part thereof is not made by the due date, the Company
shall be entitled to charge interest on all outstanding amounts at the current
base rate +2% of Barclays Bank plc, accruing on a daily basis until the
date of payment.
7. Delivery
The Company shall deliver the Goods to the agreed site address within the
United Kingdom notified to the Company at the time of ordering the Goods.
The Company will use any reputable parcel delivery service or other method
of delivery which it informs you of. If there is no-one at such address
to receive such delivery, the Company will inform you of an alternative
delivery time and date.
Whilst the Company undertakes to use all reasonable endeavors to deliver
the Goods at the date on which it confirmed to you that it had accepted
your order, it does not guarantee to do so. The Company will inform you
of any delay. The Company shall not incur any liability or obligation in
respect of any reasonable or unavoidable delay in delivery.
If the Company is unable to supply the Goods you have ordered, the Company
will notify you and you may cancel your Order and the Company will refund
you any money paid by you for those Goods not supplied.
8. Risk and Ownership
Ownership and responsibility for insuring the Goods passes to you on delivery.
9. Cancellation and Returned Goods
Except where you are entitled to cancel your Order pursuant to Clause 10
or to reject the Goods for a breach of agreement on the Company's part,
you may not cancel any Order or return any Goods unless the Company has
agreed to accept such cancellation or returned Goods. In any case where
the Company agrees to accept a cancellation or return of Goods, the Company
may (if the Goods have been ordered or custom-made to specifications prepared
by you or on your behalf) charge you, in its sole discretion, a proportion
up to 100% of the invoice value of the Goods or (in the case of any other
Goods) charge you 35% of the invoice value of the Goods (subject to a minimum
charge of £5.00) to cover the handling of such goods returned. Any
such Goods will be returned at your cost. You must take reasonable steps
to ensure that they are not damaged when being returned to Kensington Home
Technology
10. Right of Cancellation
Except where the Goods have been custom-made to specifications prepared
by you or on your behalf (whether by the Company or another person), you
have a right to cancel your Order within 7 working days of receiving the
Goods. A working day is a day other than Saturday, Sunday or a public holiday.
To do so you must give notice in writing to the Company of the Goods you
wish to cancel. You must then send the Goods which are the subject of the
Order you are canceling to the Company at your own cost. You must take reasonable
steps to ensure that they are not damaged when being returned to the Company.
Following cancellation of your Order, the Company will refund the sums you
have paid less any charges incurred as specified in Clause 9 within 30 days
of receiving your notification of cancellation.
If you do not return the Goods, the Company may take steps to recover the
goods and charge you its reasonable costs for doing so.
11. Data Protection
The Company will only use information you supply for the purposes of fulfilling
your Order and for sending you information on its products and services,
unless you tell the Company that you do not wish to receive such information.
12. Force Majeure
The performance of all contracts is subject to cancellations by the Company
owing to any act of God, war, strikes, any acts of government, national
emergencies, lock-outs, fire, flood, drought, tempest of any other cause
beyond the reasonable control of the Company and the obligations of the
Company shall be held in abeyance for the duration of any such circumstances
and any date or deadline under this Contract shall be extended by a period
equal to the duration of the existence of such circumstances.
13. Terms of Agreement
These Conditions only apply to the sale of any goods by the Company to a
person who is a consumer (within the meaning of the or the Unfair Terms
in Consumer Contracts Regulations 1999).
These Conditions shall apply to all Contracts and shall take precedence
over and supersede any terms and conditions previously issued by the Company.
Nothing in these Conditions reduces or limits your rights under any statutes
or regulations.
14. Warranty
All goods are covered by the manufacturers' warranty.
15. Law and Jurisdiction
English Law shall be the proper law of any to which these Conditions apply
and the English courts shall have jurisdiction over any disputes in relation
to any such contract.Terms and Conditions
Supply of Services to Consumers
1. Interpretation
In these terms and conditions:
“Client Material” means any documents, materials or information
provided by you or us relating to the Services pursuant to Clause 5.1;
“Company” means Kensington Home Technology Limited (registered
number 5659807);
“Conditions” means these terms and conditions;
“Contract” means the contract for the provision to you of the
Services;
“Output Material” means any documents or other materials, and
any data or other information provided by the Company to you relating to
the Services;
“Services Specification Sheet” means the sheet to which these
Conditions are appended;
“Services” means the services to be provided by the Company
to you, as more particularly described in the Services Specification Sheet;
“Standard Charges” means the charges shown in the Services Specification
Sheet or otherwise quoted to you in writing;
“Third Party Suppliers” has the meaning given to it in Clause
6.1.
2. Identity of Supplier
The supplier of the Goods is Kensington Home Technology Limited whose registered
address is 53 Cavendish Road London SW12 0BL.
3. Creation of Contract
The agreement between you and the Company will only come into existence
once the Company has accepted your instructions and you have signed the
Services Specification Sheet attached to these Conditions. Once you have
done so and the Company has done so, there is a binding legal agreement
between you and the Company. In addition, if you have not signed the Services
Specification Sheet but continue to accept the Services, a binding legal
agreement will be deemed to have been entered into between you and the Company.
4. Supply of Services
4.1 The Company shall provide the Services to you on these Conditions but
the Company and you may agree amendments to these Conditions which will
be set out in the Services Specification Sheet.
4.2 The Services shall (subject to these Conditions) be provided:
(a) in accordance with the description of the Services set out in the Services
Specification Sheet; and
(b) subject to paragraph (a), in accordance with your reasonable instructions
from time to time relating to the Services.
4.3 Nothing in Clause 4.2 shall prejudice the statutory duty of the Company
to provide the Services with reasonable skill and care.
4.4 Notwithstanding Clause 4.2, the Company may at any time without notifying
you make any changes to the Services which are necessary to comply with
any applicable safety or other statutory requirements.
4.5 The Company shall use reasonable endeavors to provide the Services within
the time set out in the Services Specification Sheet or, if no such time
is specified, within a reasonable time. The Company shall not be liable
to you or be deemed to be in breach of the Contract by reason of any delay
in performing, or any failure to perform, any of the Company's obligations
in relation to the Services, if the delay or failure was due to any cause
beyond the Company's reasonable control.
4.6 The Company shall not be held liable for any costs incurred due to variances
in the work schedule as detailed in the Services Specification Sheet. It
is your responsibility to inform us of any changes to the schedule. Furthermore
we reserve the right to charge for costs incurred due to variances in the
Services Specification Sheet not being detailed to us prior to attending
site to carry out the Services as agreed.
4.7 The Company shall have no liability for any loss, damage, costs, expenses
or other claims for compensation arising from carrying out the scope of
works in accordance with the client's instructions. It is the client's responsibility
to inform Kensington Home Technology and its contractors of any hidden cabling,
pipe work, ducting, fixings or any other item which might be damaged during
the carrying out of the scope of works. Kensington Home technology will
carry out emergency repairs and cleaning if requested by the clients and
reserve the right to charge for these works and any materials used at standard
Kensington Home Technology rates.
4.8 It is the client's responsibility to inform Kensington Home Technology
and its contactors as to the location of the gas and water stopcocks, the
boiler, any water storage tanks and fuse-boards prior to the commencement
of any works. It is the client's responsibility to ensure that all these
items are in full working condition and are readily accessible.
5. Charges
5.1 For the provision of the Services, you shall pay the Company:
(a) the Standard Charges;
(b) any expenses incurred on your behalf in completing services which are
referred to in the Services Specification Sheet or are otherwise agreed
between the Company and you; and
(c) any additional sums which are referred to in the Services Specification
Sheet or are otherwise agreed in writing between the Company and you.
5.2 The Company may vary the Standard Charges from time to time by giving
you not less than one month's written notice.
5.3 Value added tax is payable on the Services in addition to the Standard
Charges and on all other sums payable under these Conditions at the appropriate
rate.
5.4 The Company will invoice you on the day on which the Services are provided
or at other times agreed with you.
5.5 Unless otherwise expressly agreed in writing by the Company, you will
pay strictly within 7 days of the date of the invoice in respect of any
Services ordered being submitted by the Company. Payment should be made
by BACS payable to the Company or any other method of as agreed by the Company.
5.6 If payment or any part thereof is not made by the due date, the Company
shall be entitled to charge interest on all outstanding amounts at the current
base rate +2% of Barclays Bank plc, accruing on a daily basis until the
date of payment.
6. Rights in Materials
6.1 If you supply any documents, materials or information which are required
for the performance of the Services, it shall be at your expense. You must
supply the Company with such Client Material within sufficient time to enable
the Company to provide the Services in accordance with the Contract. It
is your responsibility to ensure the accuracy of all Client Material. It
is also your responsibility to retain duplicate copies of all Client Material
at your own expense and, consequently, the Company shall have no liability
for any loss or damage to such Client Material, however caused.
6.2 All expenses incurred by the Company in supplying any documents, materials
or information which are required for the performance of the Services will
be payable by you. It is your responsibility to ensure the accuracy of all
Client Material supplied by us on your behalf. It is also your responsibility
to retain duplicate copies of all Client Material provided by us at your
own expense and, consequently, the Company shall have no liability for any
loss or damage to such Client Material, however caused.
6.3 All Output Material shall be your responsibility and your risk from
the time of delivery to you.
6.4 The property and any copyright or other intellectual property rights
in:
(a) any Client Material shall belong to you;
(b) any Output Material shall, unless otherwise agreed in writing between
you and the Company, belong to the Company, but you shall be entitled to
use the Output Material for the purposes for which the Services were provided
by use of a non-exclusive license, so long as you pay in full of all sums
payable under the Contract.
6.5 The Company shall have no liability for any loss, damage, costs, expenses
or other claims for compensation arising from any Client Material or instructions
supplied by you which are incomplete, incorrect, inaccurate, or misleading
or from any other fault on your part.
7. Other Suppliers of Goods or Services
7.1 The Company may from time to time provide you with the names of other
suppliers of goods or services (“Third Party Suppliers”). In
providing such names, the Company is not making any recommendation or representation
regarding the fitness of the Third Party Suppliers to supply the relevant
goods or services. It is your responsibility to satisfy yourself of the
fitness of such Third Party Suppliers before you enter into a contract with
them by, for example, asking for and following up references or asking for
details of and checking on qualifications. You should not rely on the fact
that the Company has supplied such names.
7.2 If any Third Party Supplier supplies any goods or services to you, the
contract to do so is between you and the Third Party Supplier directly and
the Third Party Supplier is not acting on behalf of (as the agent or sub-contractor)
of the Company. Consequently, the Company shall not be liable for any mis-performance
or negligent performance by Third Party Suppliers of any contract between
themselves and yourself.
7.3 For the avoidance of doubt, if the Company supplies any goods to you,
it does so on its own terms for the supply of goods which were or will be
provided to you prior to or at the time any such order for the supply of
goods was made.
8. Termination
8.1 Either party may terminate the Contract at any time by giving not less
than 14 days written notice to the other.
8.2 In the event of termination of the Contract, the Company shall be entitled
immediately to invoice you for all Services performed up to the date of
termination and for any Services for which the Company has incurred costs
prior to the notice of termination.
9. Force Majeure
The performance of all contracts is subject to cancellation by the Company
owing to any act of God, war, strikes, any acts of government, national
emergencies, lock-outs, fire, flood, drought, tempest of any other cause
beyond the reasonable control of the Company and, if the contract is not
cancelled, the obligations of the Company shall be held in abeyance for
the duration of any such circumstances and any date or deadline under this
Contract shall be extended by a period equal to the duration of the existence
of such circumstances.
10. Data Protection
The Company will only use information you supply for the purposes of fulfilling
your Order and for sending you information on its products and services,
unless you tell the Company that you do not wish to receive such information.
11. Terms of Agreement
11.1 These Conditions only apply to the sale of any goods by the Company
to a person who is a consumer (within the meaning of the Unfair Terms in
Consumer Contracts Regulations 1999).
11.2 These Conditions shall apply to all Contracts and shall take precedence
over and supersede any terms and conditions previously issued by the Company.
11.3 Nothing in these Conditions reduces or limits your rights under any
statutes or regulations.
12. Law and Jurisdiction
English law shall apply to the Contract, and the parties agree to submit
to the non-exclusive jurisdiction of the English courts.