Kitchen Design, Fitting and Supply Services Terms and Conditions (Home)
These Kitchen Design, Fitting and Supply Services Terms and Conditions (Home) are designed for use by a business which provides services comprising kitchen design and/or fitting and/or supply services to a consumer customer wishing to remodel/refurbish an existing kitchen (or fit out a new kitchen) at their home. The document should not be used when dealing with commercial entities (e.g. landlords who require work in their commercial/domestic premises, or in kitchens at restaurants, pubs, cafes, hotels, offices, or factories).
This template can be used either as standard terms and conditions for services generally or when offering services to a particular client. You will, in either case, need to edit the clauses and schedules as appropriate to reflect the particular services offered and the terms on which they are offered.
Clauses 1-22 are suitable for any kitchen design and/or fitting and/or supply services. These terms and conditions are followed by Schedules 1, 2 and 3 which each contain a description of services, a statement of scope of services, and additional terms and conditions relating to those services. The first Schedule covers design, the second Schedule covers fitting, and the third Schedule covers supply. Therefore, where your business provides all three types of service, you will use all three Schedules, but where your business provides only one or two of those types of service, you will use only the applicable Schedule/s.
The template includes provisions which take account of the case where third party contractors are also engaged by the customer to provide services on site as part of the overall project of building or refurbishing a kitchen. For example, the project might involve a builder, plumber or electrician contracted by your customer.
In the interest of avoiding misunderstandings and disputes, the template sets out obligations and responsibilities of the customer and the limits on your responsibilities.
The document includes (in Schedules 4 and 5) a form of Services Agreement (as to which, please see below) and a form of Model Cancellation Form, both of which you can adapt to meet your requirements.
The template as a whole has been drafted on the assumption that, in practice, it is not possible to enter into a single contract under which both parties commit at the outset to design, fitting and supply and also agree final prices for each of those elements. The cost of the design work can be a fixed fee agreed at the outset, but the specification and costs of fitting/supply can only be established later once the design has been finalised. This means that, as explained below, any design work will be under one contract, and any fitting and/or supply work will be under a second, separate, contract.
The document contemplates that you may be asked by a customer only to design their kitchen but not also to fit it or supply any goods or materials. In that case you would adapt and edit the template as necessary, and in particular, delete both Schedules 2 and 3. You would edit the Services Agreement so that it only covers the design work.
Where the customer has retained you to design his kitchen, and he also requires fitting and/or supply services from you, you will have signed a Services Agreement for the design services. Once you have finalised and agreed the design, you will then need to sign a further Services Agreement with him to cover the fitting and/or supply (not design) services.
The customer might already have his own design (i.e. he does not need your design services) and he might therefore require you only to provide fitting and/or supply services to implement his design. You will need to sign a single Services Agreement with him covering fitting and/or supply (not also design) services.
In either case where you are to provide him with fitting and/or supply, you will give him a document comprising Clauses 1-22, Schedule 2 and/or 3, and a Services Agreement. You will need to adapt the Services Agreement so that it only covers, as necessary, fitting and/or supply (not design). Where the customer requires you to:
- supply and fit, you will use both Schedules 2 and 3
- only fitting (i.e. he has a third party to supply), you will use only Schedule 2
- only supply (i.e. he has a third party to fit), you will use only Schedule 3
The template contains a number of optional clauses and/or phrases. Optional phrases clauses are enclosed in square brackets. These should be read carefully and selected so that they are compatible with one another. Unused options should be removed from the document.
These Kitchen Design, Fitting and Supply Services Terms and Conditions (Home) contain the following clauses:
- Definitions and Interpretation
- Information about Us
- Communication and Contact Details
- Order, Quotation and acceptance of Quotation
- Payment of Price and VAT
- The Services
- Problems with the Services, Guarantee, and Your Consumer Rights
- Your Obligations
- Third Party Contractors
- Complaints and Feedback
- Changing the Start Date
- Cancellation of Contract during the Cooling Off Period
- Cancellation Before the Start Date
- Effects of Termination
- Events Outside of Our Control (Force Majeure)
- Liability and Consumer Rights
- How We Use Your Personal Information (Data Protection)
- Other Important Terms
- Regulations and Information
- Law and Jurisdiction
- Design Services – Additional Terms and Conditions
- Fitting Services – Additional Terms and Conditions
- Supply Services – Additional Terms and Conditions
- Services Agreement
- Model Cancellation Form
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