Terms & Conditions
1. These terms and conditions shall apply to the agreement between us for the supply of the goods and services ordered by you and described in this agreement. No qualification or exclusion of these terms and conditions or your special requirements will apply unless included in this agreement.
2. Products such as Doors, Cornice, Pelmets, Plinths, Cut Worktops and the like which are made to measure and made to your specific requirements are exempt from the right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
For products which are not made to measure – you have a right to cancel your contract up to 14 calendar days after the date of delivery. However, you agree that the survey, and any required production work may start before the end of this cancellation period.
If you cancel we will collect the products delivered but not worked on in any way and we will charge you our reasonable costs of collection and for any survey carried out.
3. Your rights of cancellation referred to above can be exercised by delivering or sending a notice of cancellation to the company mentioned overleaf.
4. Reference to the goods includes any individual item if more than one item has been ordered. The goods are supplied to you on the basis that there may be slight variations in the specification or descriptions of goods.
We cannot allow you to amend this agreement where it includes goods manufactured to your own specifications if you have requested immediate processing of the contract.
5. Delivery dates quoted to you are given in good faith and we will use all reasonable efforts to comply with such dates. Since there may be reasons beyond our control for delays we cannot accept any liability for delays in delivery.
You will be notified when the goods are ready for delivery. All discussions and opinions expressed by individuals are in good faith, and unless explicitly written overleaf, do not form part of this contract in any way.
6. Unless you have entered into credit arrangements which have been accepted by all relevant parties, the price for the goods and services must be paid for as per the payment schedule detailed below and on your contract before the goods can be delivered. Payment can be made in cash or other methods of cleared funds or as agreed from time to time by the company. 50% deposit with order: 50% Final Payment on Delivery.
7. We undertake that we will:- Replace defective items but defects in any individual item will not entitle you to reject the remaining items ordered by you. Allow you to cancel this agreement and refund any monies paid by you if for reasons beyond our control we cannot obtain any item ordered by you or a satisfactory replacement.
8. Whilst we shall use our best endeavours to comply with agreed dates or deadlines, we will, under no circumstances, be responsible for any failure to meet any such requirements. If the agreement is one to which cancellation rights under the Consumer Credit Act 1974 apply directly or indirectly, we shall not be required to deliver the goods until all such cancellation rights have expired.
9. Where the goods delivered are to be installed, we shall accept no responsibility for the installation in any way whatsoever. We do not employ installers and unless explicitly stated in writing by a director of the company, nothing in this contract will be deemed to create a legal working association with any installer.
The company will only arrange, recommend or supply installers when requested as a separate free service and this will not constitute such an arrangement as to render the company responsible for these services. This is a supply only contract and where fitting is to be the responsibility of the company, a different contract needs to be completed.
10. Storage for the items ordered is the total responsibility of the customer. Where a customer refuses to accept delivery due to space after proper notification has been given in writing, the company will arrange storage on the customer's behalf and will invoice the customer at cost. The delivery payment must be made prior to this arrangement being made or the order will be cancelled and any deposit may be lost.
11. All goods are purchased on a 'supply only' basis. Unless explicitly listed overleaf, we do not supply screws, fixing brackets, glues, tapes, hinges, bolts, pipes or other fittings. It is assumed that the persons installing the items overleaf are capable of supplying these items. Pre-drilled doors are at fixed points and at the customers own risk.
12. Occasionally we will send additional materials due to pack sizes or cut lengths. We will not charge for these additions, nor will we offer a refund for them. We do not take back excess materials or debris.
13. Time will not form the essence of this contract at any point. We cannot accept responsibility for delays in delivery. We recommend that you schedule installation three days subsequent to delivery date to avoid disappointment. Our liability for any faulty items will not exceed the cost of the item involved.
14. It is your responsibility to check that all items delivered are suitable, correct and without defect. Missing items need to be notified within 3 days. Unlisted items and required shortages are chargeable. Damaged goods will need to be notified to the company within 3 days. Items will not be exchanged or refunded if they have been ordered according to the contract. Damaged items will not be replaced or exchanged if they have been worked on in any way whatsoever.
15. Your products are guaranteed against defects in manufacturer's workmanship for twelve months from date of delivery.
16. This agreement is between the customer named overleaf and 'Midland Tops' - the trading style of the company or approved franchisee or independent agent, who's required office address and contact details are shown on the front of contract. Midland Tops is a licensed trading style of the above named company and any details for direct contact should be addressed to the company using these details.
17. Nothing in these terms and conditions affect your statutory rights.