The following terms and conditions apply to all transactions between MKW SURFACES LTD, trading as MY KITCHEN WORKTOP with address in 20-22 Wenlock Road, London N1 7GU and the customer (“you”).
We intend to rely on these Terms and Conditions. If you require any changes, it is preferable that these be confirmed in writing by you and an authorised representative on 0203 0788912.
Natural products such as marble, stone and granite will be subject to natural colour variations, imperfections and sizes from any samples presented. There may also be variations in Quartz stone (i.e. man-made products). Unless the goods are faulty, we accept no liability for any variances in this respect.
Should any variation from the sample you have seen be important to you, you may inspect the product to be used at our factory or at our suppliers prior to cutting but otherwise you will not be able to cancel your order once the product has been cut. Please let us know in writing if you require inspection so we can arrange this.
Any alterations you make after templates have been made will be subject to an extra charge.
Worktop cancellations: As all orders are made to individual requirements, orders cannot be cancelled after we have cut your product, unless we are in breach of our obligations to you.
If you want to cancel your order you must tell us in writing.
If, after we have carried out a survey, and this is unsatisfactory, we reserve the right to cancel your order after having given you a full written explanation of the adverse conditions encountered. We will also refund all money deposited by you with the exception of £300 which represents templating costs
Tiling cancelations: If you want to cancel your order you must tell us in writing via e-mail, fax or letter. If, after we have carried out a survey, a cancellation is made, we reserve the right to keep all money deposited by you. We also reserve the right to claim compensation for loss of earnings on other projects.
Prices and Delivery charges are in pounds sterling (GBP) exclusive of VAT. VAT will be added to all charges at the current rate where applicable. We reserve the right to revise prices and details without notice but we will confirm these with you before accepting your order. A quotation by the Company does not constitute an offer and the Company reserves the right to withdraw or amend the same at any time prior to the Company’s acceptance of the Customer order.
Payment should be made by debit, credit cards or cheque payable to “MKW SURFACES LTD”. We require a deposit of 50% at the time your order is accepted and the balance on the day we complete the delivery or installation whichever is later. In the event of any alleged minor defects you must not withhold more than a proportionate amount of the sum due.
All products remain our property until we are paid all the money you owe us.
Late payments will be charged interest at 4% above Bank of England base rate.
Anyone who places an order with us on behalf of a limited company agrees to be jointly and separately liable to us so we can demand payment from you as well as from the limited company.
Delivery dates are estimates only. We will endeavour to deliver all goods on the agreed date. In the unlikely event that your order is not made available within 30 days of the agreed date you have the option to cancel the order by giving written notice to us. However, a change of order may impact on the delivery date and this should be confirmed when amending an order.
In the event of any one or more items being out of stock, we will inform you and give an estimated delivery date.
If you require delivery only of the product with no installation by us, this will be to a mainland UK address only. If no one is available at the address at the time of delivery, the driver will retain the goods, and we will await further instructions. There may be an extra delivery charge in this situation, which must be paid before re-delivery. If the goods are to be left without you being present, then full payment must be received prior to delivery, and we cannot accept responsibility for incorrect delivery or loss of goods when the customer is not present to accept the goods.
We shall have no liability to you for any failure or delay in supply or delivery that is caused by events or circumstances beyond our reasonable control.
Most orders will be delivered by lorry or large van so it is important that you tell us about any restrictions on access at the time of your order.
All deliveries will be delivered to the address stated on the order and this will typically be kerbside delivery, depending on the vehicle used. If kerbside delivery is not suitable, goods will be unloaded to the nearest easily accessible and safe access point for the address stated.
The following information is principally designed to address issues that arise when specifying and working with granite, marble and quartz:
All reasonable effort should be made by the customer to ensure that cabinets are secured firmly to the wall, are level and have sufficient braces. It is also advisable to ensure the floor can support the weight. When handling granite the fitters are extremely careful, however no responsibility can be taken for damage to cupboard fronts or wall fixings and we would advise customers to remove them prior to fitting and / or remedial work.
Most stone supplied by the Company is 20mm and 30mm in thickness (+/- 1mm) and most hobs supplied by manufacturers are in excess of this measurement. In the event that the fitters need to alter the cabinets by routing / cutting out sections or providing extra braces the fitters reserve the right to charge an extra £50.00 per cabinet at time of installation.
Templating and fabrication of stone is not an exact science and slight tolerances in both overhangs and thickness are to be expected. Our fitting team may also need to chop out plaster. Every care is made when conducting such operations, but the Company do not take any responsibility for live plaster falls and it is the responsibility of the customer to make good these areas. Walls are rarely straight and as such natural wall gaps may occur. It is therefore advisable to have splash backs fitted unless the customer intends to tile. Cut outs: Information supplied by the customer such as cut out dimensions, overhangs, splash backs, and positioning of cut outs given to the Company at the time of order or subsequently given by other methods of communication is the customer’s responsibility and no liability whatsoever can be taken for incorrectly advised dimensions.
Some flexing can occur on unsupported joints which can result in them opening and repairs may be necessary. However, this can be exasperated by owners standing on their stone surfaces.
POROSITY IN STONE: stone surfaces can stain and are not impervious to damage. However they can easily last a life time if properly cared for.
Care must be taken to ensure any spilt liquids are mopped up immediately such as cigarettes, hot oil, lemon juice, wine, detergents, alcohol and acidic or alkaline substances. Remember, stones cannot be rendered impervious to all marking and staining.
For a long lasting finish granite and marble should be treated at regular intervals. Please request recommended cleaning, polishing and sealing products.
The Company can provide not only polished surfaces, but also honed finishes. However we do not recommend such surfaces to be used in a kitchen environment.
Hit a stone with something blunt and heavy and the chances are it will crack.. Under the Company’s terms and conditions once a customer’s stone is fitted no responsibility can be taken by the Company for cracks or fissures appearing. To ensure your stone does not crack use a chopping board as a preparation centre and take care not to drop heavy objects onto its surface.
Any claim you make for faulty or poor workmanship must be notified to us as soon as reasonably practicable after the problem is discovered, and in any event no later than 14 days after installation. In order to avoid any confusion or delay, notification should be made to us in writing or confirmed in writing within 2 business days of initial verbal notification.
We may charge you our reasonable costs if there is no defect or the defect is not our responsibility.
Defects on the material are the responsibility of our suppliers and are subject to the terms and conditions of the Company that supplied the product to us.
The Company shall be under no liability in respect of any defect arising from wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing), misuse or alteration or repair of the goods without the Company’s approval. Furthermore, we shall not be responsible for remedying any defects where the working conditions have materially changed from the conditions at the time of installation
Liability – PLEASE READ THIS CLAUSE 7.
If you have notified us of a problem, we will either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question.
We shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Our liability to you shall not in any event include losses related to any business of yours, such as loss of profits or business interruption; neither will we be responsible or liable for any other form of consequential or indirect losses to you or any other party, other than liabilities to you only for DIRECT damages resulting from a material breach by us of these Terms and Conditions".
If you are a consumer, nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or misdescribed goods or work that is not carried out to a reasonable standard. You should contact your local authority Trading Standards department or Citizens Advice if you need more information about your statutory rights.
Nothing in these Terms and Conditions is intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
If you are a trade customer we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you agree to hold us harmless, and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
This agreement is governed by English law and the English courts or by the law of the courts governing where we delivered the goods to if this is outside England or Wales.