TERMS AND CONDITIONS
MKW SURFACES LTD trading as My Kitchen Worktop
These Terms and Conditions apply to contracts entered into with MKW Surfaces Ltd, trading as My Kitchen Worktop (“MKW”, “we”, “us” or “our”), whose correspondence address is Suite 1670, Fergusson House, 124 City Road, London, EC1V 2NX, and the person, company or organisation purchasing goods or services from us (“Customer”, “you” or “your”).
These Terms and Conditions apply to the supply, fabrication, templating, delivery and/or installation of worktops, natural stone, quartz, porcelain, ceramic, sintered stone, tiles and associated products and services.
Where you are acting wholly or mainly outside your trade, business, craft or profession, you are a Consumer.
Where you are purchasing in connection with a trade, business, construction project, development or profession, you are a Trade Customer.
Certain provisions apply specifically to Consumers or Trade Customers.
1. GENERAL AND CONTRACT FORMATION
1.1
These Terms and Conditions apply to all contracts between MKW and the Customer unless alternative terms have expressly been agreed by MKW in writing.
1.2
Our quotation is based upon the drawings, measurements, dimensions, specifications and other information available when the quotation is prepared.
Unless expressly stated otherwise, any quotation issued before templating is based on the information provided and may be revised following templating, site inspection, final measurements, material selection or changes to the project.
1.3
A quotation issued by MKW does not constitute an offer capable of acceptance and may be withdrawn or amended before MKW accepts the Customer’s order.
1.4
An order becomes binding when MKW accepts the order and receives the required deposit or when MKW otherwise confirms acceptance in writing.
1.5
By placing an order and/or paying the required deposit after these Terms and Conditions have been supplied or made available as part of the ordering process, the Customer accepts these Terms and Conditions.
1.6
Any change to these Terms and Conditions or the agreed scope of work must be expressly agreed by MKW in writing.
1.7
Where there is any inconsistency between these Terms, an accepted written quotation and a subsequent written post-template amendment, the later specifically agreed written document shall prevail in relation to the relevant matter.
2. MATERIALS AND NATURAL VARIATION
2.1 Natural Materials
Natural materials including marble, granite, quartzite, limestone, travertine, slate and other natural stones are unique products formed naturally
2.2 Natural Fissures and Characteristics
Natural stone may contain fissures, veins, pits, mineral deposits, resin-filled areas, repaired areas and other naturally occurring characteristics.
Certain materials, particularly quartzites and marbles, may contain natural fissures or weak areas that require reinforcement, resin filling, mesh backing or repair during production or fabrication.
Where such characteristics are inherent to the material and do not amount to a failure to meet applicable statutory or contractual standards, they will not be treated as manufacturing or workmanship defects.
2.3 Samples
Small samples are intended only as a general indication of colour, texture and finish.
A small sample cannot fully represent the colour, markings, veining or variation occurring across a full slab or between separate batches.
2.4 Natural Stone Selection
Where the Customer does not personally inspect or select the slabs to be used, the Customer authorises MKW to select suitable material on their behalf.
2.5 Slab Inspection
Where colour, pattern, veining, movement or other visual characteristics are particularly important, the Customer should request to inspect the actual slab or slabs before fabrication.
Where reasonably practicable, MKW may arrange such inspection at our premises or those of our supplier.
Once material has been fabricated, objections based solely on natural appearance or inherent variation that would reasonably have been apparent from inspection may not justify rejection of otherwise conforming goods, subject always to a Consumer’s statutory rights.
2.6 Manufactured Materials
Quartz, porcelain, ceramic, sintered stone and other manufactured products may also vary between samples, slabs and production batches.
Such variations may include colour, pattern, print position, surface texture and shade.
2.7 Vein Matching and Pattern Positioning
Unless expressly included in the written quotation, vein matching, book matching, pattern continuation and exact positioning of veining or markings are not guaranteed.
MKW will use reasonable skill and care when planning layouts, but the ability to achieve vein matching depends upon:
slab dimensions;
material availability;
slab pattern;
project dimensions;
cutting requirements;
structural integrity of the material;
access requirements; and
the number of slabs available.
Additional slabs may be required where specific vein matching or pattern positioning is requested.
2.8 Fragile and Highly Veined Materials
Certain stones may be particularly fragile because of fissures, heavy veining, mineral composition, previous resin repair or other inherent characteristics.
MKW will use reasonable skill and care when handling and fabricating such materials.
However, breakage may occasionally occur during transport, cutting, fabrication or installation despite reasonable care.
Where breakage occurs in material supplied by MKW, MKW will assess whether the affected piece can reasonably and safely be repaired, remade or replaced, having regard to the material and applicable rights and obligations.
3. CUSTOMER-SUPPLIED MATERIAL
3.1
Where the Customer supplies their own slabs or material, MKW will use reasonable skill and care when handling and fabricating the material.
3.2
The Customer is responsible for the suitability, quality and quantity of customer-supplied material unless MKW has expressly agreed in writing to assume responsibility for a particular matter.
3.3
MKW cannot guarantee that customer-supplied natural stone or other fragile material will withstand cutting, machining, transportation or installation.
3.4
If customer-supplied material breaks because of an inherent weakness, hidden fissure, defect or characteristic that could not reasonably have been detected beforehand, MKW shall not be responsible for the cost of replacement material except where the breakage resulted from MKW’s failure to exercise reasonable skill and care.
3.5
Where additional material is required following breakage or because insufficient material was supplied, the resulting additional fabrication, collection, delivery or installation costs may be chargeable.
4. TEMPLATING AND SITE CONDITIONS
4.1
Templating is undertaken to obtain the dimensions and information required for fabrication.
The kitchen and relevant areas must be sufficiently complete and ready before our templating visit.
4.2
Unless otherwise agreed, all cabinets must be:
fully installed;
firmly secured;
level;
correctly positioned;
structurally suitable; and
capable of supporting the specified worktops.
4.3
Sinks, hobs, taps and other appliances affecting fabrication should be available on site at the time of templating wherever reasonably practicable.
Where they are not available, accurate manufacturer specifications and model details must be supplied.
4.4
The Customer is responsible for ensuring that information supplied to MKW concerning appliances, cut-outs, dimensions, overhangs, splashbacks, upstands and project requirements is correct.
MKW will not be responsible for errors resulting from incorrect information supplied by the Customer, their kitchen company, builder, architect, appliance supplier or another third party.
4.5 Changes After Template
The Customer must not alter cabinets, walls, appliance positions, panels, support structures or other relevant dimensions after templating without informing MKW.
Where changes are made, MKW may require the site to be re-templated.
4.6
Additional templating visits caused by changes made after our original template, or because the site was not ready, may be charged at our applicable rate, subject to a minimum charge of £200 plus VAT where applicable.
4.7
If the Customer declines a re-template reasonably requested following changes to the site, MKW will not be responsible for discrepancies resulting from those changes.
5. ABORTED OR UNSUCCESSFUL VISITS
5.1
The Customer must ensure that MKW has safe and reasonable access to the property at an agreed appointment time.
5.2
Where our templater, delivery team or installation team attends site and is unable to carry out the scheduled work because:
access cannot be obtained;
cabinets are not ready;
necessary appliances or information are unavailable;
the site is unsafe;
other trades prevent us from working;
required preparation has not been completed; or
circumstances within the Customer’s reasonable control prevent completion,
MKW may charge a reasonable aborted-visit or return-visit charge.
5.3
Any additional charge will reflect the nature of the wasted visit, travel, labour and rescheduling required.
6. QUOTATIONS AND POST-TEMPLATE ADJUSTMENTS
6.1
Quotations prepared before templating are based upon the information available at the time.
6.2
Following templating, MKW may revise the quotation where the actual project differs from the original information.
This may include changes arising from:
increased dimensions;
additional material;
additional slabs;
additional cut-outs;
drainage grooves;
additional joints;
splashbacks;
upstands;
shelves;
mitred edges;
waterfalls or downstands;
additional polishing;
additional fabrication;
access difficulties;
additional floors;
restricted access;
lifting requirements; or
other changes to the scope.
6.3
Where the post-template price materially changes, MKW will notify the Customer before carrying out the affected additional work.
7. CANCELLATION AND BESPOKE GOODS
7.1
Worktops and fabricated stone products are normally manufactured to the Customer’s individual dimensions and specifications.
Once fabrication or cutting has commenced, the order cannot normally be cancelled except where the Customer has a statutory right to cancel or terminate.
7.2
Any cancellation request must be made in writing.
7.3
Where MKW attends to template or survey the property and subsequently determines that the installation cannot reasonably or safely proceed, MKW may cancel the order.
Where appropriate, money paid will be refunded less reasonable costs already incurred, subject always to applicable statutory rights.
7.4 Material Orders
Where materials have been specially ordered, imported, allocated or reserved for a project and the Customer subsequently cancels, the Customer may be responsible for supplier restocking, cancellation, transport or other reasonable costs incurred by MKW.
7.5 Consumer Cancellation Rights
Nothing in this section limits any cancellation right available to a Consumer under applicable law.
Where goods are made to the Consumer’s specification or are clearly personalised, statutory cancellation rights applicable to distance or off-premises contracts may be restricted or excluded to the extent permitted by law.
8. PAYMENT
8.1
Prices are stated in pounds sterling (GBP) and are exclusive of VAT unless expressly stated otherwise.
VAT will be charged at the applicable rate.
8.2 Deposit
Unless otherwise agreed by MKW in writing, a deposit of 50% of the order value is required when an order is accepted.
8.3 Balance
Unless alternative credit or payment terms have expressly been agreed in writing, the outstanding balance must be paid no later than the day before completion of delivery or installation, whichever occurs later.
8.4
Where there is a genuine dispute concerning part of an invoice, the Customer must pay the undisputed amount when due.
A Customer may not withhold the whole balance because of a minor snagging or remedial item where the amount withheld would be disproportionate to the matter concerned.
Nothing in this provision restricts a Consumer’s statutory rights.
8.5
Unless otherwise expressly agreed in writing, the Customer’s payment obligation is not conditional upon certification, payment from a third party or completion of works being performed by another contractor.
9. RETENTION OF TITLE
9.1
Title to goods supplied by MKW shall remain with MKW until MKW has received payment in full in cleared funds for those goods.
9.2
Until title passes, the Customer shall, so far as reasonably practicable:
take reasonable care of the goods;
keep them identifiable as goods supplied by MKW;
not pledge or create security over them; and
notify MKW of any insolvency event or third-party claim affecting them.
9.3
Where goods remain separately identifiable and removable and have not become fixtures or otherwise been incorporated into land or another product, MKW may require an overdue Trade Customer to make those goods available for collection.
9.4
Where legally permissible and with the consent or authority of the person entitled to grant access, the Customer shall provide reasonable access to premises within the Customer’s possession or control to enable MKW to identify or recover goods to which MKW retains title.
9.5
Nothing in these Terms authorises MKW to enter a third party’s home, land or premises without lawful authority or appropriate consent.
9.6
Installation, incorporation or fixing of goods does not release the Customer from the contractual obligation to pay all sums properly due to MKW, irrespective of whether MKW’s proprietary rights in those goods are subsequently affected by incorporation into a property.
10. TRADE CUSTOMERS AND CONTRACTORS
10.1
This section applies to Trade Customers.
10.2
Where a Trade Customer orders products or services for a project belonging to a homeowner, developer, contractor or other third party, the Trade Customer remains responsible for payment to MKW.
10.3 No Pay-When-Paid
Payment by the Trade Customer’s own client or customer is not a condition of payment to MKW.
The Trade Customer may not delay payment to MKW because:
its customer has not paid it;
retention monies are being withheld;
the Trade Customer is in dispute with its customer; or
the project has not generated payment to the Trade Customer.
This does not prevent a Trade Customer raising a genuine dispute relating directly to MKW’s own goods or services.
10.4 Multiple Projects
Where a Trade Customer has multiple projects with MKW, an overdue undisputed account may result in MKW suspending fabrication, templating, delivery or installation on other projects for that Trade Customer, subject to applicable law and the terms of the relevant contracts.
10.5
Acceptance of a subsequent order does not waive MKW’s rights concerning an earlier unpaid invoice.
10.6 Authority
A person placing an order on behalf of a company or organisation warrants that they are authorised to place that order on behalf of the organisation.
11. PERSONAL GUARANTEES AND TRADE CREDIT
11.1
MKW may require a director or other individual to provide a personal guarantee before granting or continuing trade credit.
11.2
A personal guarantee will apply only where the relevant individual has expressly agreed in writing to assume personal liability under a clearly identified guarantee.
11.3
MKW may set, reduce, suspend or withdraw a Trade Customer’s credit limit.
11.4
Permitting a Trade Customer temporarily to exceed its credit limit does not constitute a permanent increase in that limit or a waiver of MKW’s rights.
12. LATE PAYMENT AND DEBT RECOVERY – TRADE CUSTOMERS
12.1
Where a Trade Customer fails to pay a qualifying commercial debt when due, MKW reserves all rights available under the Late Payment of Commercial Debts (Interest) Act 1998 and other applicable legislation.
12.2
Where applicable, MKW may claim statutory interest on overdue commercial debts.
12.3
MKW may also claim statutory fixed compensation and reasonable additional debt-recovery costs to the extent permitted by law.
12.4
MKW may instruct solicitors or debt-recovery agents and may commence court proceedings to recover overdue debts.
12.5
MKW may use insolvency procedures where legally appropriate.
12.6
A delay or failure by MKW to exercise a recovery right does not constitute a waiver of that right.
13. SUSPENSION FOR NON-PAYMENT OR CREDIT RISK
13.1
Subject to applicable law, MKW may suspend further performance where:
an undisputed payment is overdue;
a required deposit has not been paid;
a Trade Customer exceeds an agreed credit limit; or
MKW reasonably believes that a Trade Customer may be unable to pay sums falling due.
13.2
Suspension may include postponing:
templating;
fabrication;
delivery;
installation; and
commencement of further projects.
13.3
MKW may require overdue balances and/or future orders to be paid before work resumes.
13.4
MKW will not be responsible for project delays caused by a lawful suspension resulting from the Customer’s failure to comply with agreed payment obligations.
14. DELIVERY AND INSTALLATION DATES
14.1
Delivery and installation dates are estimates unless MKW expressly agrees in writing that a particular date is guaranteed.
14.2
MKW will use reasonable endeavours to meet agreed dates.
14.3
MKW shall not be responsible for delay caused by circumstances outside our reasonable control, which may include:
supplier delays;
material shortages;
transport disruption;
machinery breakdown;
power failures;
extreme weather;
strikes;
illness;
accidents;
import or customs delays; and
other events outside our reasonable control.
14.4
Where a delay occurs, MKW will use reasonable endeavours to minimise disruption and reschedule work as soon as reasonably practicable.
Nothing in this clause restricts a Consumer’s statutory rights.
15. STORAGE AND CUSTOMER DELAYS
15.1
Where fabricated goods are ready for installation or delivery but cannot be installed or delivered because of circumstances attributable to the Customer, MKW may store the goods for a reasonable period.
15.2
If storage continues beyond a reasonable period, MKW may charge reasonable storage and handling costs after notifying the Customer.
15.3
Any additional transport, loading, unloading or re-delivery costs caused by the Customer’s delay may also be chargeable.
16. ACCESS, PARKING AND MANUAL HANDLING
16.1
The Customer must inform MKW before quotation or templating of any material access restrictions.
This includes:
restricted parking;
parking permits or charges;
congestion or access restrictions;
narrow corridors or staircases;
upper floors;
lift restrictions;
pedestrian-only access;
unusually long carrying distances; and
difficult or hazardous site access.
16.2
MKW may make an additional reasonable charge where significant access conditions were not disclosed and cause additional labour, equipment, transport, parking or installation costs.
16.3
Where special lifting equipment, cranes, hoists, additional labour or other specialist access arrangements are required, these will be chargeable unless expressly included in the quotation.
16.4
MKW may refuse to move a worktop through an access route where our installation team reasonably considers there to be a material risk of injury, property damage or breakage.
17. CABINETS, WALLS AND SITE PREPARATION
17.1
Cabinets must be sufficiently strong, level and securely fixed to support the worktops.
17.2
MKW is not responsible for defects in cabinets, floors, walls or structures supplied or installed by others.
17.3
Where reasonably necessary to accommodate a hob, sink, joint, support or other installation requirement, minor alteration of cabinets or support structures may be required.
17.4
Where cabinet cutting, routing or additional bracing is required outside the agreed scope, MKW may charge £50 plus VAT per cabinet, or another amount notified and agreed where the work is materially more extensive.
17.5
Installation may require minor removal or disturbance of plaster or wall finishes.
MKW will use reasonable care, but final making-good, decoration or tiling is not included unless expressly stated in the quotation.
18. FABRICATION AND INSTALLATION TOLERANCES
18.1
Stone fabrication, templating and installation involve practical manufacturing and site tolerances.
18.2
Unless otherwise expressly agreed in writing, a tolerance of approximately ±3 mm may apply to joints, cut-outs, overhangs, wall gaps and other fabricated dimensions where reasonable in the circumstances.
18.3
A tolerance falling within this range will not automatically constitute defective workmanship where the work remains fit for its intended purpose and meets applicable statutory standards.
18.4
Walls, cabinets and floors are frequently not perfectly straight, square or level.
As a result, small variations in wall gaps and overhangs may occur.
18.5
Wall gaps may normally be concealed by splashbacks, upstands, tiles, decoration or suitable sealant.
19. JOINTS
19.1
The number and location of joints may depend upon:
slab dimensions;
access;
material strength;
pattern;
safe handling;
transportation requirements; and
fabrication considerations.
19.2
MKW will use reasonable skill and care when determining suitable joint positions.
19.3
Where the initial quotation is prepared before templating, final joint positions may change following measurement of the property.
19.4
Stone joints are visible by their nature and cannot be made completely invisible.
Minor differences in pattern, colour or level across separate pieces do not automatically constitute a defect.
20. CUT-OUTS, SINKS, HOBS AND APPLIANCES
20.1
Cut-outs will be fabricated according to the appliance information and specifications made available to MKW.
20.2
The Customer is responsible for providing the correct make, model and technical information for appliances.
20.3
MKW is not responsible for incorrect cut-outs caused by incorrect information supplied by the Customer, appliance supplier, kitchen company or other third party.
20.4
Flush-mounted hobs and similar appliances may require final height or levelling adjustment following installation of the stone.
Unless expressly included in the quotation, such appliance adjustment remains the responsibility of the appliance installer.
20.5
Unless expressly agreed, MKW does not connect:
gas appliances;
electrical appliances;
plumbing;
sinks;
taps;
waste systems; or
other services.
20.6
Any disconnection and reconnection of such services must be undertaken by appropriately qualified persons where required.
21. SUPPORT AND OVERHANGS
21.1
Certain worktops, overhangs, breakfast bars, joints, sinks, hob areas and thinner materials may require additional structural support.
21.2
Where MKW advises that support is required, the Customer must ensure that the required support is installed unless MKW has expressly agreed to provide it.
21.3
MKW will not be responsible for subsequent cracking, movement, joint opening or failure caused by inadequate support installed or supplied by others.
22. PORCELAIN, CERAMIC AND SINTERED MATERIALS
22.1
Porcelain, ceramic and sintered materials have different structural characteristics from traditional granite and quartz products.
22.2
Thin-format materials may require continuous or additional structural support depending upon the product, thickness, design and manufacturer’s requirements.
22.3
The Customer must ensure that cabinets, substrates and support arrangements meet the relevant project and manufacturer requirements.
23. POROSITY, CARE AND MAINTENANCE
23.1
Natural stone is not completely impervious to staining, etching, scratching, impact or chemical damage.
23.2
Substances including wine, citrus products, oils, detergents, alcohol, acidic products and alkaline products should be removed promptly.
23.3
The Customer should follow applicable cleaning and maintenance instructions.
23.4
Where sealing is appropriate, natural stone may require periodic resealing.
23.5
Sealants reduce absorption but do not make natural stone completely stain-proof or damage-proof.
23.6
Hot objects, heavy impacts and standing or sitting on worktops may cause damage and should be avoided.
23.7
Chopping directly onto a stone worktop may scratch or damage the surface. Suitable chopping boards and trivets should be used.
24. INSPECTION, SNAGGING, DEFECTS AND CLAIMS
24.1
Customers should inspect completed work as soon as 24 hours after installation.
24.2
Any visible damage, defect, installation issue, snagging item or other matter that was reasonably capable of being identified upon inspection following installation should be reported to MKW within 24 hours of completion of the installation.
24.3
Where a visible issue is first reported more than 24 hours after installation, MKW reserves the right to take the timing of the notification into account when investigating the cause of the issue, particularly where the worktops have subsequently been used, altered, cleaned, treated, exposed to other trades or contractors, or otherwise interfered with.
Failure to notify MKW within 24 hours does not, in itself, remove any statutory rights or remedies to which a Consumer may be entitled.
24.4
Where an issue could reasonably worsen if left unattended, the Customer must take reasonable steps to minimize further damage and notify MKW as soon as reasonably practicable.
24.5
MKW must be given a reasonable opportunity to inspect any alleged defect, damage or installation issue before liability is determined and, where appropriate, must be given a reasonable opportunity to rectify any matter for which MKW is responsible.
The Customer should not arrange for another contractor or third party to carry out remedial works before MKW has been given a reasonable opportunity to inspect and, where applicable, remedy the issue, except where urgent action is reasonably necessary to prevent further damage or for safety reasons.
24.6
Where an inspection establishes that the reported issue is not attributable to MKW’s goods or workmanship, MKW may charge a reasonable inspection or call-out fee where permitted by law and notified to the Customer.
24.7
MKW shall not be responsible for damage caused after completion of the installation by the Customer, builders, kitchen fitters, plumbers, electricians, appliance installers, decorators, cleaners or any other third party, or by subsequent works, misuse, impact, inappropriate cleaning products or chemicals, movement of units, appliances or flooring, or any other cause outside MKW’s reasonable control.
24.8
Where an inspection establishes that the reported issue is not attributable to MKW’s goods or workmanship, MKW may charge a reasonable inspection or call-out fee where permitted by law and where the Customer has been informed of the applicable charge beforehand.
24.9
There is no contractual seven-day cut-off for a Consumer’s statutory rights.
Nothing in these Terms restricts the rights or remedies available to Consumers under applicable legislation.
25. DAMAGE AFTER INSTALLATION
25.1
Subject to the Customer’s statutory rights and MKW’s legal obligations, MKW will not be responsible for damage caused after installation by:
misuse;
impact;
standing or sitting on worktops;
excessive unsupported loads;
movement of cabinets;
structural movement;
plumbing leaks;
inappropriate cleaning chemicals;
thermal shock;
excessive heat;
modifications by other contractors;
failure to follow care instructions; or
subsequent construction or decoration works.
25.2
Where another contractor cuts, modifies, removes, repairs or alters MKW’s work, MKW will not be responsible for damage caused by that work.
25.3
Where work continues at the property following MKW’s installation, the Customer is responsible for taking reasonable steps to protect the worktops against damage from other trades.
25.4
This section does not exclude liability for damage or defects caused by MKW’s failure to perform its contractual or statutory obligations.
26. MANUFACTURER WARRANTIES
26.1
Certain manufactured products may be covered by a manufacturer’s warranty.
26.2
Where appropriate, MKW will provide reasonable assistance in submitting a legitimate manufacturer warranty claim.
26.3
A manufacturer’s warranty is additional to, and does not replace, any statutory rights the Customer may have against MKW.
27. LIABILITY – TRADE CUSTOMERS
27.1
This section applies to Trade Customers only.
27.2
Nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited by law, including liability for:
death or personal injury caused by negligence;
fraud; or
fraudulent misrepresentation.
27.3
Subject to clause 27.2 and applicable law, MKW shall not be liable to a Trade Customer for:
loss of profit;
loss of revenue;
loss of business;
loss of contracts;
loss of anticipated savings; or
indirect or consequential loss,
arising from the contract.
27.4
Where a Trade Customer itself installs, modifies or uses goods supplied by MKW, MKW shall not be responsible for damage or defects caused by the Trade Customer’s own installation, modification or misuse.
27.5
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or restricted.
28. CONSUMER RIGHTS
28.1
If you are a Consumer, nothing in these Terms affects your statutory rights.
28.2
Goods supplied to Consumers must comply with applicable statutory requirements, including requirements relating to satisfactory quality, fitness for purpose where applicable and correspondence with description.
28.3
Services provided by MKW to Consumers will be carried out with reasonable care and skill.
28.4
Where any provision of these Terms conflicts with a mandatory Consumer right, the statutory right shall prevail.
29. INSOLVENCY – TRADE CUSTOMERS
29.1
Where permitted by applicable law, MKW may suspend further performance and exercise available contractual rights where a Trade Customer:
enters liquidation;
enters administration;
proposes or enters an arrangement with creditors;
ceases or threatens to cease trading;
becomes unable to pay debts when due; or
becomes subject to another relevant insolvency procedure.
29.2
Any suspension or termination right under this section is subject to applicable insolvency legislation.
30. THIRD-PARTY PROPERTIES
30.1
Where a Trade Customer instructs MKW to deliver or install products at a property belonging to another person, the Trade Customer warrants that it has authority to instruct MKW to attend the property and carry out the agreed work.
30.2
The Trade Customer remains responsible for the contract price irrespective of its contractual relationship with the property owner.
30.3
The property owner does not become responsible for the Trade Customer’s debt to MKW merely because products have been installed at their property.
31. FORCE MAJEURE
31.1
MKW shall not be responsible for failure or delay in performing contractual obligations caused by circumstances beyond our reasonable control.
31.2
Where such circumstances occur, MKW will use reasonable endeavours to minimise disruption and resume performance as soon as reasonably practicable.
Nothing in this clause affects any statutory rights a Consumer may have where performance is significantly delayed.
32. COMMUNICATIONS AND NOTICES
32.1
Important notices concerning cancellation, disputes, changes to specification and complaints should be made in writing.
32.2
Email constitutes written communication for the purposes of these Terms unless applicable law requires another form of notice.
32.3
The Customer is responsible for ensuring that contact details supplied to MKW remain accurate.
33. SEVERABILITY
If any provision of these Terms is found by a court or competent authority to be invalid or unenforceable, that provision shall, where possible, be treated as modified to the minimum extent necessary to make it valid and enforceable.
If modification is not possible, the relevant provision shall be treated as deleted without affecting the remaining provisions.
34. WAIVER
A delay or failure by MKW to exercise a contractual right does not waive that right.
A waiver concerning one breach does not constitute a waiver of any subsequent breach.
35. ENTIRE AGREEMENT – TRADE CUSTOMERS
35.1
For Trade Customers, the accepted quotation, order, post-template confirmation, agreed written variations and these Terms constitute the agreement relating to the relevant project.
35.2
Nothing in this section excludes liability for fraud or fraudulent misrepresentation.
36. GOVERNING LAW AND JURISDICTION
36.1
Contracts for goods and services supplied in England and Wales are governed by the law of England and Wales.
36.2
For Trade Customers, the courts of England and Wales shall have jurisdiction, subject to any mandatory applicable law.
36.3
Consumers retain any rights concerning applicable law or jurisdiction that cannot lawfully be excluded or restricted.
37. CONTACT DETAILS
MKW Surfaces Ltd Trading as My Kitchen Worktop Suite 1670, Fergusson House 124 City Road London EC1V 2NX
Customers should contact MKW using the contact details shown on their quotation, invoice, order confirmation or our website.
Last updated: August 2026