Standard Terms and Conditions

  

  1. The contract price incorporates both the manufacturing and installation of the goods. The contract price excludes appliances, the removal and disposal of existing cupboards, wall mounts, plumbing, electrical fittings, as well as the installation of new ones, plastering, tiling, brickwork, floor finishes, and similar tasks, unless agreed upon otherwise. The price is based on the assumption that Kitchen Co Design will carry out the work on surfaces that are square and level.
  2. It is important to note that due to the nature of woodgrains, the drawer front may not always be cut from the same section of the board, leading to potential differences in grain patterns between drawers.
  3. Kindly be advised that any orders placed for standard white melamine will now be produced using the new PG Bison Picco White Strata Finish.
  4. No backing boards are included with the bedroom cupboards.
  5. Wall unit bases are finished in white melamine, unless they are positioned at a height of 1600mm or above, or as otherwise specified by the customer.
  6. A manufacturing lead time of 2 to 5 weeks is necessary after the agreement is concluded to produce goods. This timeframe is contingent upon material availability, design, and workload. Upon receipt of the goods at the installation premises, the customer must inform Kitchen Co Design promptly if the supplied goods do not match the type and quality specified in the quotation. Failure to do so will indicate the customer’s satisfaction with the goods.
  7. The contract price for the completion of the project already accounts for VAT at a rate of 15%. In the event of any changes in the VAT rate by SARS, the contract price will be adjusted accordingly. Moreover, if the goods selected by the customer are imported and there is a surge in the exchange rate causing an increase in costs, the client will bear the responsibility of covering the additional contract price.
  8. The quotation may be adjusted based on the final measurement and evaluation of the tasks to be carried out, as well as any fluctuations in the exchange rate.
  9. The quote is applicable for 7 business days from the date of issuance.
  10. Errors and omissions are accepted in quotations and invoices. It is further noted that despite all efforts made by Kitchen Co Design, there may be colour variations in certain goods due to internal lighting conditions and the use of natural materials such as wood and stone. The customer acknowledges that substantial visible differences in the grain and colour of natural timber and manmade simulated products may occur, and therefore no claims will be accepted against Kitchen Co Design
  11. Once the customer has accepted the quotation and it has been counter signed by Kitchen Co Design, it will be considered a valid and binding agreement between the customer and Kitchen Co Design, based on the terms and conditions outlined herein (referred to as the standard terms and conditions or st & c). The customer’s acceptance of the quotation, subject to the st & c, will be deemed to have occurred as soon as the customer signs the quotation, whether it is a handwritten signature or an electronic signature as defined in the Electronic Communications and Transactions Act, Act 25 of 2002
  12. Upon acceptance of the quotation, the customer is required to pay a deposit of 60% of the contract price. The order is considered valid once the customer has made the 60% deposit, and no refunds will be issued if the order is cancelled. An additional payment of 30% of total sale value to be paid 48 hours before installation commences. The remaining 10% of the contract price must be paid upon delivery of the carcasses. Installation will only begin once the full balance is paid and reflected in Kitchen Co Design’ nominated bank account. Any bank charges for cash deposits will be the responsibility of the customer.
  13. Full payment of the contract price is necessary for all works totaling R30 000.00 or less before the commencement of such works.
  14. If outstanding balances are not paid by the due date, Kitchen Co Design may claim mora (default) interest on the outstanding amount until the payment date, as per the prescribed rate of interest act, 1975, which is currently at 9% per annum.
  15. The ownership of goods and materials, whether installed or not, is explicitly stated to belong to Kitchen Co Design until the contract price is fully paid.
  16. Kitchen Co Design is not liable for any damaged material on site that is beyond its control. If there is any damaged material that needs repairs or replacement, the customer will be responsible for the costs.
  17. Even though the ownership of the goods remains with the seller as stated earlier, the risk related to the goods will shift to the customer upon delivery to the installation site or the mutually agreed delivery location. Consequently, it is the customer’s responsibility to ensure that appropriate, dry, and secure storage is provided for the goods during delivery and installation.
  18. Kitchen Co Design will not assume liability for any loss, damages, or expenses arising from the late or non-delivery of goods or their installation.
  19. The quote presented is formulated based on the details, drawings, and specifications given by the client, and/or their consultant, and/or their representative to Kitchen Co Design. Kitchen Co Design cannot be held responsible for the accuracy of this information. Consequently, in order to finalize the quote and the terms and conditions, Kitchen Co Design retains the right to adjust and modify the quote as necessary.
  20. Prices and colours of granite are dependent on availability. Granite installation will commence 5 business days after the customer approves the templates.
  21. The commencement of the works will only take place upon the acceptance of the quotation in accordance with the terms outlined herein, and upon receipt of the following from the customer: 
    • the accepted quotation, 
    • payment of the deposit as specified in (12) above, 
    • copies of the customer’s identification and/or legal entity documents, 
    • the signed final measurement form, 
    • signed plans and elevations, 
    • and any other documents requested by Kitchen Co Design.
    • All documents must be returned to Kitchen Co Design via email
  22. The client verifies that the finishes, patterns, profiles, styles, and other specifications, along with the materials to be used during installation, are accurately outlined in the quotation and are consistent with what is showcased by Kitchen Co Design representative. Any discrepancies in materials have been clarified. Installation will be carried out in accordance with agreed standards.
  23. Once the deposit has been successfully made to the designated account of Kitchen Co Design and has been acknowledged, the ordering and manufacturing process will begin. Any bank fees related to cash deposits will be charged to the customer.
  24. Kitchen Co Design reserves the right to raise the contract price in the event the installation is delayed due to the customer’s fault in not preparing the installation site on time. This increase will be determined by the percentage increase in Kitchen Co Design’ suppliers’ materials, subcontractors, and labour costs on the commencement date.
  25. Kitchen Co Design reserves the right to suspend deliveries and/or installation, or terminate this agreement, entirely or partially, if:
    • the customer breaches any of the terms and conditions; or
    • the customer, if an individual, passes away or is temporarily or finally declared bankrupt or surrenders their estate; or
    • the customer, if a company, close corporation, or any other legal entity, is placed under a temporary or final order of liquidation or judicial management; or
    • the customer makes a compromise or attempts to make a compromise with their creditors in general; or
    • Kitchen Co Design is unable, entirely or partially, to fulfil its obligations under the terms and conditions due to an act of God, war (whether declared or not), force majeure, government control, storm, fire, tempest, strikes, lock-out, riots, civil commotion, unavoidable accident, or any other circumstances.
  26. Upon completion of the works, Kitchen Co Design will provide written notification to the customer. The customer is then required to submit a snag list to Kitchen Co Design’ e-mail address at info@kitchencodesign.co.za within 2 calendar days. Failure to do so by calendar day 3 will result in the works being deemed completed to the customer’s satisfaction. Any snags will be addressed as soon as possible, considering material availability, workman availability, workload, and other relevant factors.
  27. In the event that the customer breaches any of their obligations under the terms and conditions, Kitchen Co Design reserves the right to refer the matter to its attorneys. Any costs incurred, in addition to the amounts owed to Kitchen Co Design and any applicable interest, will be recovered from the customer. Legal costs will be calculated based on the attorney and own client scale.
  28. Installation services other than those specified in the quotation, along with any accompanying schedules and/or annexures, will not be provided. Furthermore, goods not listed in the quotation, schedules, or annexures will not be delivered unless the customer agrees to a variation order outlining any changes, deletions, or additions, and commits to covering the additional costs to the satisfaction of Kitchen Co Design
  29. The customer’s property, whether movable or immovable, is not the responsibility of Kitchen Co Design, its staff, subcontractors, or agents in the event of damage caused by drilling. This includes damage to plumbing and electrical circuitry, unless the customer has indicated and marked these systems on Kitchen Co Design’s design plans.
  30. In the event that the goods are installed by a party other than Kitchen Co Design or its sub-contractors, Kitchen Co Design will not offer any warranties or guarantees. Kitchen Co Design will not be held responsible for any loss or damage, including goods delivered by Kitchen Co Design, caused by services provided by a third party.
  31. In relation to any installation service provided by Kitchen Co Design, its subcontractors, and/or agents, Kitchen Co Design’s liability will be restricted to the reasonable cost of rectifying the defective workmanship. This is on the condition that Kitchen Co Design is given written notice of any defective workmanship as outlined in these terms and conditions.
  32. The customer’s domicile address, as stipulated in this agreement, is the location where the works are to be carried out. If the customer wishes to specify a different address, this must be communicated in writing and hand-delivered to Kitchen Co Design’s business address.