Ordering.

 

Details of goods or services supplied are shown on the quotations and invoices supplied by the business. Once a deposit is paid we consider the order has been made by the customer and that these terms and conditions have been accepted. The location of the link to these terms and conditions can be found in the email sent to the buyer with every estimate or quotation and also on every invoice.

​

Any amendments or additions must be received before goods enter production. Specific size requests must be made in writing prior to the deposit being paid. In the event of no request being made we will manufacture the item to our standard sizes or in the event of no standard size being available we will use our judgement. The customer is deemed to accept this if no requests are received by us prior to the deposit being paid. Under no circumstances will changes be accepted after the deposit has been paid and the goods have entered production.

​

It is the buyer’s responsibility to check the quotation making sure that the goods are as required and that prices and delivery address are correct.

 

Price and Payment.

 

The price for the goods is shown on the quotation and invoice. We reserve the right to alter these prices prior to the customer paying a deposit. If this is the case we will let you know.

As the goods are made to specific sizes the business reserves the right to require payment from the buyer at the time of ordering. The amount will be notified to the buyer in writing and should be paid in to our client account, Account name: Julian Holchaks, Sort Code: 040004, Account number 44532073 by the dates requested on the quotation. Late payments may result in goods not being delivered as previously notified and the buyer being in breach of this contract. You can make payments via internet banking or by credit card by contacting us. Unfortunately we no longer accept payment by cheque. We reserve the right to charge interest at the rate of 6% above the base lending rate of the Bank of England from time to time in force on all overdue payments from the due date until payment in full is received whether before or after judgement has been entered. Time of payment shall be the essence of the Contract. Any warranty normally supplied with purchased goods or services will not apply to orders which are not paid for in full.

 

Delivery.

 

Delivery of the goods shall be made by the business delivering them to the place of delivery agreed between the business and the buyer or if no such place is agreed, to the buyer’s place of residence or business. All delivery instructions are to be made in writing.

The business will use all reasonable endeavours to keep to agreed delivery dates which are quoted on the basis of existing commitments but will not be liable for delay in delivery however caused. The time of the delivery shall not be of the essence.

​

The goods are supplied with packing materials, crates or pallets. These are non-returnable and are the buyer’s responsibility for disposal as appropriate. 

​

The business shall not be liable for loss or damage to the goods during transit unless the business is notified by the buyer within 7 days of delivery by email to julian@kodawari.co.uk. No claim will be eligible for any compensation without being signed for as damaged when the goods are delivered at the agreed place of delivery. So please check the goods before signing for them.

The business shall not be liable for the re-delivery of the goods where the buyer is not present to sign or accept delivery on the agreed date. Re-delivery or depot collection costs shall be borne by the buyer.

 

Cancellation.

 

You may not cancel an order unless we agree in writing. We will not agree to the cancellation of an order if production has commenced. In this case you will be liable to pay full costs. We reserve the right to charge a fee for our services provided and time spent.

​

We reserve the right to withdraw from the this agreement prior to commencement of work. We will not give a reason. We will inform you if this is the case and refund any money paid to us. 

 

Quality.

 

The business warrants that the goods will be of merchantable quality and will comply with their description, subject to normal trade tolerances. Any claim must be notified to the business before the goods are used and in any case within 10 days after delivery.

 

Suitability.

 

The buyer assumes responsibility for the goods being suitable for the purpose for which they are intended.

 

Storage.

 

If the goods are ready for delivery but are held back at the buyer’s request, or if the buyer fails to accept delivery, or the buyer has not cleared payment, the business may require the buyer to pay a reasonable storage charges (as determined by the business) after the expiry of 7 days from the date of the buyer being notified that the goods are ready for dispatch.

 

Reservation of Title.

 

Until payment has been received in full including any transport costs for the goods supplied by the business: (a) The goods shall remain the property of the business. (b) The buyer shall be at liberty to sell the goods in the ordinary course of business, but the business may revoke this power by notice to the buyer if the buyer defaults in payment of the whole or part of the purchase price of goods. 

 

Liability.

 

The business shall not be liable for any consequential or special loss arising out of any breach of condition, warranty or contract on the part of the business in respect of the goods. The liability of the business for any such breach in respect of the goods shall be limited to their net invoice value or (at the discretion of the business) the replacement of the goods.

 

Jurisdiction.

 

This contract is subject to the Laws of England and the Buyer will submit to the exclusive jurisdiction of the English Courts.

 

Returns and Refunds.

 

Goods made to special sizes required by the buyer or their representative can not be returned for a refund unless they are returned under the terms of the guarantee or we agree in writing and the items are returned in their original condition complete with packaging. Other items must be returned within 7 days and in the same condition and packaging in which they were delivered with the permission of the business.

Bulky items which require an uplift by the supplier may be subject to a fee which will be deducted from the value of the refund. This cost will vary depending on the item. Please contact us for specific information. In the event of an agreed cancellation we reserve the right to deduct our expenses from the refunded amount.

Agreed refunds will be processed once collection, inspection and authorisation has been completed. We will attempt to complete this process in a timely manner. This process will take no more than 28 days.

 

Installation.

 

The business offers 2 levels of service. Supply only or fully installed. The service level purchased will be noted on your quotation. 

 

If the order is supply only the quotation does not include installation of the product. This will therefore be the responsibility of the customer to arrange, manage and pay the installer for any services provided. Any activity we undertake to assist the customer in finding an installer is done in good faith and does not remove this responsibility from the customer. Any timescales issue are meant purely as a guide. These cannot be relied on to be accurate as during the process of installing the product there can be many variables. If you require a more accurate timescale please speak to your installer. We do not accept any liability or responsibility for the competency or activities of any installers which have been suggested to the customer. We are carrying out this function to help the customer with the project and would advise all customers to thoroughly check all installers before asking them to provide their services.

 

If the order is shown as fully installed the order includes installation of the product and we will provide an installer and manage the installation to completion. This service will be listed as an item on the quotation and invoice if applicable. Please note there is an extra fee for this service which is shown on the quotation or invoice..

​

Snagging

​

At the end of the installation we will agree any snagging work to be done. This process will be carried out on one occasion only so please check you are happy with everything prior to agreeing the work. Once we leave site the product is then the responsibility of the customer. Subsequent issues will only be dealt with following the agreement of the business. This does not affect your warranty or statutory rights.

 

Marketing.

 

The business retain the rights for the use of the finished project for marketing purposes. This usually involves photos or videos. The marketing is carried out on the understanding that your address and identity are withheld from publication.

 

Definitions.

 

(a) “The business” means Julian Holchaks t/a Kodawari and any subsidiary or associated companies. (b) “the buyer” means the person or company who agrees to buy the goods from the business (c) “the goods” means the goods which the business is to supply in accordance with these Conditions of Sale.

Unless otherwise agreed in writing by the business these Terms and Conditions shall override and exclude any other terms or conditions stipulated or incorporated or referred to by the buyer whether in the order or in negotiations or in any course of dealing established between the business and the buyer.

 

Further enquiries can be addressed to Julian Holchaks by email to julian@kodawari.co.uk.