Lavendel

Terms & Conditions

  1. Definitions
    “Lavendel” means Lavendel Limited.
    “Customer” means the organisation or individual detailed in the quotation and/or order.
    “Lavendel Signatory” means a Director of Lavendel.
  2. General
    2.1 These Terms and Conditions apply to all goods and services supplied by Lavendel and take precedence over any terms and conditions referred to by the Customer, whether in negotiations or otherwise. They do not affect the Customer’s statutory rights.
    2.2 No variation to these Terms and Conditions shall be valid unless made in writing and signed by a Lavendel Signatory.
    2.3 If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
    2.4 Lavendel may substitute components or materials of equivalent strength and quality when specified items are not readily available and may make modifications in construction, design or specification where reasonably necessary.
    2.5 All goods are subject to natural variations in colour and markings inherent in the materials supplied. Goods are not warranted to be exact replicas of samples or descriptions provided.
  3. Quotations, Surveys and Prices
    3.1 Quotations and services are provided on the basis that the Customer obtains all necessary licences, authorities and permissions and grants reasonable, unrestricted access to the premises for surveys, delivery and installation.
    3.2 Any fixed price assurances are only those stated in the quotation. All other prices remain subject to variation until Lavendel issues written order acceptance.
    3.3 On agreement of the quotation and specification, the Customer must sign and return the Lavendel contract covering the total project value. No work will commence until the signed contract has been received.
    3.4 The Customer must sign all plans to confirm accuracy and return them with the contract. Lavendel relies on signed plans when placing orders into manufacture.
    3.5 Prices quoted apply solely to the project specified and are not transferable. Any alteration to products, quantities or unit numbers may affect pricing.
    3.6 Unless otherwise stated, prices include one scheduled delivery and are exclusive of VAT, which shall be payable at the prevailing rate on the date of invoice.
    3.7 Quotations based on drawings, designs, specifications and/or measurements supplied by the Customer are estimates only. Lavendel is not liable for losses arising from errors or omissions in Customer-supplied information. Lavendel may re-plan where required and, where additional costs arise, may levy additional charges.
  4. Programme and Delays
    4.1 Lavendel will agree a start date for supply and/or installation to be incorporated into the contract. If the Customer alters, amends, suspends or delays delivery and/or installation, Lavendel may apply reasonable charges for loss and expense.
    4.2 Goods ordered will be stored free of charge for up to three weeks after the estimated delivery date. Thereafter, storage and insurance will be charged at £250.00 (excl. VAT) per kitchen per week, subject to maximum storage limits.
    4.3 Where manufacture has commenced on receipt of a signed contract and the Customer later requests alterations, additional charges will apply. If the Customer requests a delay to the installation date, storage may be provided at £250.00 (excl. VAT) per kitchen per week for a maximum of eight weeks, after which delivery must be taken. Storage charges will be invoiced monthly.
    4.4 Lavendel will use reasonable endeavours to meet agreed timescales but is not responsible for delays caused by factors outside its control.
    4.5 Except where due to Lavendel’s negligence, the Customer is responsible for any damage, theft or loss of fixed or unfixed materials relating to the works on the premises. Costs of replacement and reinstatement shall be charged to the Customer.
    4.6 Where the Customer requests acceleration of works, Lavendel will endeavour to comply. Any resultant additional costs will be charged to the Customer.
    4.7 Standard delivery lead time is 10–12 weeks and is subject to product availability and seasonal factory shutdowns.
  5. Storage on Site
    5.1 Lavendel prefers to operate on a “just in time” basis and avoid site storage.
    5.2 Where site storage is required, the Customer must provide adequate, secure and humidity‑controlled storage for materials on site.
  6. Delivery, Installation and Other Services
    6.1 Contracts and deliveries may be suspended due to events beyond Lavendel’s reasonable control, including without limitation unavailability of goods from third parties, theft, strike, lock‑out, accident, civil disturbance, force majeure or other occurrences preventing or delaying performance.
    6.2 Where installation is included, unless otherwise stated it is limited to a “dry fit” of kitchen furniture and appliances. Electrical and plumbing connections, building works and decoration are excluded. The site must be in a suitable condition for fitting by the estimated start date, including mist‑coated walls and ceilings with all plaster fully dry. Lavendel may carry out additional work not apparent at quotation stage; additional charges may apply. A full dry‑fit definition is available on request.
    6.3 Prices include one scheduled delivery. Where more than one delivery is requested, additional charges may apply.
    6.4 Lavendel accepts no responsibility for the installation or commissioning of any product not supplied by Lavendel. The Customer must ensure such products are installed correctly and commissioned by a qualified engineer before use.
    6.5 Lavendel will supply, on request, a kitchen plan and appliance specification to the mechanical and electrical subcontractor. It is the Customer’s responsibility to request clarification of any anomalies, contradictions or omissions. Extraction performance information will be provided upon request; interpretation of flow rates and performance data is outside Lavendel’s control, and Lavendel is not responsible for determining the suitability of the specified extractor hood. Lavendel will not install external or remote extraction motors.
    6.6 The Customer must ensure its mechanical, plumbing and electrical engineers are fully briefed on the works required to plumb and wire the kitchen using the service voids provided and without damaging units or appliances.
    6.7 Kitchens cannot be installed where the environment is not controlled in respect of heat and humidity. External windows and doors must be in place and a suitable temporary or permanent heating system operational. Temporary heaters producing high humidity are not suitable. Leaks, rainwater ingress or rising damp must be rectified before delivery.
    6.8 All plots will be surveyed once the Customer notifies Lavendel that they are ready for inspection. Any changes in design or layout must be corrected by the Customer before dimensioning or commencement of installation. If not completed and an installation date is fixed, aborted visit charges will apply unless alternative work can be allocated. Aborted visit charges are £300 per operative per day.
    6.9 If rectification of design, dimensions or layout is not possible prior to the installation date, Lavendel may, where practical, provide a quotation for alternative products required to complete the kitchen. Manufacture will only commence upon receipt of the Customer’s written agreement and purchase order/instruction.
    6.10 The Customer must ensure that all fixed points are correctly positioned according to the agreed plan (e.g., windows, doors, plumbing, electrical sockets and switches, boilers, and soil and vent pipes).
    6.11 The Customer must provide clear, unimpeded access for delivery and installation, on‑site waste facilities, and use of any hoist/lift for vertical distribution where applicable. Where manual internal transport is required, floors must be protected prior to delivery. Lavendel accepts no responsibility for resulting damage and may withdraw the installation team until the site is ready; aborted visit charges as above will apply.
    6.12 Throughout the programme the Customer shall provide free use of site welfare facilities, power for tools, skips, reasonable space for secure on‑site storage and other attendances for Lavendel’s operatives.
    6.13 Lavendel assumes the building structure is sufficient to support the works and that others will provide necessary noggins or supports prior to commencement. Lavendel will advise on locations and nature of supports where required.
    6.14 Fitters receive instructions solely from the Installation Manager and will carry out works in accordance with the accepted contract. Fitters cannot accept direct instructions from the Customer. The Customer is responsible for ensuring walls and floors are satisfactorily finished, plumb, square and level within the tolerances shown on the signed‑off plans.
    6.15 Upon practical completion, the Customer must complete Lavendel’s installation sign‑off sheet (the “Practical Completion Note”) confirming that goods have been fitted in accordance with the contract. Once signed off (subject to minor snagging), responsibility for installed items passes to the Customer. Shortages, grievances or snagging items must be recorded on the sign‑off sheet. The Customer must inspect within 48 hours of request; failing which, Lavendel may sign off on the Customer’s behalf.
    6.16 Lavendel will endeavour to align installation with the Customer’s build programme, subject to accurate schedule information being provided at the outset and updated throughout. Lavendel is not responsible for delays where the Customer fails to agree programme changes, call‑off product within required lead‑times, or make plots ready by the agreed date.
    6.17 No allowance is made for revisits to re‑install product removed by other trades. Removable plinths will be scribed to suit the depth of flooring where such details are provided prior to commencement.
    6.18 The site is a working environment and is strictly no‑smoking at all times.
    6.19 Lavendel reserves the right to subcontract all or part of the works. Lavendel accepts no liability for subcontractors engaged directly by the Customer, whether or not referred by Lavendel.
    6.20 For supply‑only contracts, all goods must be inspected, accepted and signed for at delivery. Any damages or shortages must be notified to the driver at delivery and confirmed in writing within 48 hours. Lavendel accepts no responsibility for damages or shortages notified after delivery.
  7. Payment
    7.1 A non‑refundable sum equal to a minimum of 60% of the quotation price is payable upon contract acceptance. The balance is due prior to delivery.
    7.2 Card payments are capped at £5,000 per customer order.
    7.3 The balance must be received as cleared funds by BACS/bank transfer no later than 10 working days prior to the anticipated delivery date.
    7.4 If delivery is delayed by the Customer, the balance remains due in full 10 working days prior to the anticipated delivery week or 10 working days prior to delivery (whichever is earlier).
    7.5 Storage charges are payable 7 days after invoice or 10 working days prior to delivery (whichever occurs first).
    7.6 Retentions are not permitted.
  8. Title and Risk
    8.1 Risk in the goods passes to the Customer upon delivery to site or collection (as applicable). Title to the goods shall not pass to the Customer until Lavendel has received payment in full.
    8.2 The Customer owes a duty of care regarding site security both during and outside normal working hours. Should theft or damage of Lavendel’s goods occur on site prior to and during installation, the Customer is liable for payment of the goods and any replacement product, save where such loss is due to Lavendel’s negligence.
    8.3 Lavendel accepts no responsibility for damage to goods caused by other trades.
    8.4 The Customer grants Lavendel, its agents and employees an irrevocable licence to enter any premises where the goods are stored in order to inspect them or, where the Customer’s right to possession has terminated, to recover them.
  9. Health and Safety on Site
    9.1 Lavendel, its personnel and subcontractors shall comply with current health and safety legislation and site‑specific health and safety requirements.
  10. Warranty
    10.1 All products are covered by the manufacturers’ standard warranties. The Customer is responsible for completing and registering warranties (including any extended warranties) with the manufacturer where required.
    10.2 Joinery products supplied via Lavendel’s trusted partner carry a warranty of 2 years on furniture components from the date of delivery. Moving parts and associated labour are warranted for 2 years from the same date.
    10.3 Beckermann Kitchens carry a warranty of 5 years on furniture components from the date of delivery. Moving parts and associated labour are warranted for 2 years from the same date.
    10.4 Timber and wood veneers are natural products and may change in colouration and shading due to exposure to UV light and other environmental influences. Such changes are not defects.
    10.5 The warranties referred to in clauses 10.2–10.3 exclude damage occurring during assembly, normal wear and tear, water damage, and colour changes due to ageing, light or climatic influences. Warranties cover replacement of defective parts only; installation and consequential costs are excluded.
    10.6 Warranty claims shall lapse where third parties modify components supplied by Lavendel without authorisation or where works are carried out by unqualified personnel.
  11. Cancellation
    11.1 Orders placed into manufacture are bespoke and cannot be cancelled without Lavendel’s written agreement. Where Lavendel agrees to cancellation, the Customer shall pay all costs and expenses incurred by Lavendel and its subcontractors up to the time of cancellation, together with loss of profit and any other loss or damage suffered by Lavendel as a result of cancellation.
  12. Liability
    12.1 Nothing in these Terms and Conditions excludes or limits Lavendel’s liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded by law.
    12.2 Subject to clause 12.1, Lavendel’s total liability arising out of or in connection with the contract shall be limited to the price of the goods and/or services that are the subject of the claim.
    12.3 Subject to clause 12.1, under no circumstances shall Lavendel be liable for any indirect or consequential loss, including without limitation loss of profit, loss of business, loss of opportunity, or the costs of removal or rectification in connection with the installation of repaired or substituted goods.
  13. VAT
    13.1 VAT is charged on all goods and services at the rate prevailing at the date of invoice. The applicable rate may change from time to time and may differ from rates shown on proposals, quotations, order confirmations or other documents prepared prior to invoicing.
    13.2 Where Lavendel has indicated or agreed that a zero or reduced rate of VAT applies and has invoiced on that basis, but HM Revenue & Customs subsequently determines a different rate is payable, the Customer shall pay to Lavendel, within 7 days of written demand, the difference between the VAT charged and the VAT required to be paid. Time is of the essence for payment of all VAT sums due.
    13.3 If the Customer fails to pay sums due under clause 13.2 within 7 days of demand, interest at 8% above the Bank of England base rate will accrue from the due date until payment in full. The Customer shall also be liable on a full indemnity basis for all costs and expenses (including legal fees) reasonably incurred by Lavendel in recovering such sums.
  14. Applicable Law and Jurisdiction
    14.1 These Terms and Conditions and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.
  15. Miscellaneous
    15.1 Assignment and Subcontracting: Lavendel may assign or subcontract its rights and obligations in whole or in part. The Customer may not assign the contract without Lavendel’s prior written consent.
    15.2 Entire Agreement: These Terms and Conditions, together with the accepted quotation and signed plans, constitute the entire agreement between the parties and supersede all prior discussions or representations.
    15.3 Third Party Rights: A person who is not a party to the contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract.
    15.4 Notices: Any notice given under these Terms and Conditions shall be in writing and delivered by hand or sent by pre‑paid first‑class post or recorded delivery to the address stated in the quotation or such other address as notified in writing.
    15.5 Waiver: A failure or delay by Lavendel in exercising any right or remedy shall not constitute a waiver of that or any other right or remedy.
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