Terms and Conditions
Set out within this document are the terms and conditions of trade for Kettle Home Ltd. The terms become effective immediately superseding all other terms of any agreement previously in place and whether signed and specifically accepted by the Buyer or not, they become assumed once an order is placed from the buyer to the Company or an invoice is raised from the Company to the Buyer.
Any order, sale or contract made with another business supplying our products for example an appointed distributor is strictly an agreement with that Supplier and not with the Company.
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Buyer: the individual, sole trader, partnership, company or firm who purchases Products from the Company.
Company: Kettle Home Ltd, a business in England whose Registered Address is 5 Macadam Road, Earlstrees Industrial Estate, Corby, Northants, NN17 4JN Company Number 14448692 VAT Number: 427 005 722
Contract: the contract between the Company and the Buyer for the sale and purchase of the
Products in accordance with these Conditions.
Control: has the meaning given in section 1124 of the corporation Tax Act 2010, and the expression change of Control shall be construed accordingly.
Order: the Buyer's order for the Products, as detailed in correspondence.
Products: the products or services (or any part of them) provided by the Company.
Where a Customer has paid for their orders, 12 weeks after the proposed delivery date, if the Buyer has not accepted delivery of them, the Company may resell or otherwise dispose of part or all of the Products and shall be entitled to deduct reasonable storage and selling costs and charge the Buyer for any shortfall below the price of the Products.
Where the orders have not been paid for, then the Company may re-allocate the stock after a period of 30 days, as stated on our order acknowledgement.
The Buyer acknowledges that some Products are made from natural timber (whether solid or veneers) and natural or man-made leather and the Buyer accepts that there may be some variation in colour and texture and such Products may mellow with age and or exposure to sunlight or heat.
The price for Products:
shall be the price set out in the Company’s acknowledgement of the Order or in the Pro-forma invoice, if no price is quoted, the price set out in the Company's published price list at the date of
the order; and
shall be exclusive of all costs and charges of packaging, insurance, transport of the Products and sales tax (VAT) which shall be invoiced to the Buyer.
The Company reserves the right, by giving prior written notice to the Buyer at any time before delivery to increase the price of the Products, to reflect any increase in the cost of the Products to the Company that is due to:
any factor beyond the control of the Company (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials, shipping and other manufacturing costs);
any request by the Buyer to change the delivery date(s), quantities or types of Products ordered, or the Products Specification; or
any delay caused by any instructions of the Buyer in respect of the Products or failure of the Buyer to give the Company adequate or accurate information or instructions in respect of the Products.
Payment of the price for the Products must satisfy the following conditions:
payment must be made by bankers draft, credit card (where we reserve the right to add a 1.75% surcharge to the final invoice amount) or BACS transfer on the due date for payment;
no payment shall be deemed to have been received by the Company until the Company has received cleared funds. If the Buyer cancels the Contract any deposit referred to shall not be refunded to the Buyer. If the Contract is terminated for any other reason, all payments payable to the Company under the Contract shall become due immediately upon termination of the Contract despite any other reason; and
time for payment shall be of the essence of the Contract.
All amounts payable by the Buyer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by the Company to the Buyer, the Buyer shall, on receipt of a valid VAT invoice from the Company, pay to the Company such additional amounts in respect of VAT as are chargeable on the supply of the Services or Products at the same time as payment is due for the supply of the Services or Products.
for Container orders, the Products will be stored at the port until payment is made by the Buyer in full and the new delivery date is agreed by the Company. The Buyer shall be liable to pay any storage charges in respect of the storage of the Products at the port in addition to any associated costs and expenses and/or indemnify the Company for any storage charges it incurs for the storage of the Products at port in addition to any other associated costs or expenses. If the Buyer fails to pay the Company all outstanding monies as outlined above, the Buyer loses the right to receive delivery of the Products and the Company shall retain any deposit paid to it.
All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
Buyer default If the Company's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Buyer or failure by the Buyer to perform any relevant obligation (Buyer Default):
The Company has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £5m per claim. The Company has been unable to obtain insurance in respect of certain types of
loss at a commercially viable price. The limits and exclusions in this clause reflect the insurance cover the Company has been able to arrange and the Buyer is responsible for making its own arrangements for the insurance of any excess loss.
[Without affecting any other right or remedy available to it, either party may terminate the Contract by giving the other party not less than [one] months' written notice.]
The Company shall not be in breach of the Contract nor liable for delay in performing or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control (a Force Majeure Event). In such circumstances the Company shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 180 days, either party may terminate the Contract by giving 7 days' written notice to the other party. Examples that would constitute a Force Majeure event include but are not limited to; natural causes (fire, storms, floods), governmental or societal actions (war, invasion, civil unrest, labour
strikes), infrastructure failures (transportation, energy), medical emergencies (regional, nationwide or global pandemics).