Terms & Conditions
These terms and conditions of sale constitute a binding agreement between Lamco Design Ltd (us/we/our) and its Purchaser/customer (you/your) which applies to all purchases by you from Lamco Design Ltd.
It is important that you take time to read and understand this document before paying the non refundable deposit and accepting our order confirmation. If there is any terms that you do not understand or agree, then please discuss with Lamco’s representative before placing the order.
Please Note: Regarding your right to cancel this contract. All our Goods are made, supplied and fitted to your specification on a bespoke bases. As such, this contract is exempt from cancellation provisions set out in the Consumer Contracts, (Information, Cancellation and Additional charges) Regulations 2013 pursuant to regulation 28 (1)(b). (See clause12.2)
We quote for and confirm orders only upon and subject to the following terms and conditions, which shall form part of any Contract, concluded between the Purchaser to the exclusion of any other terms and conditions. Any variation to these terms and conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by us prior to placing the order and will be confirmed specifically in any Order Confirmation.
Please note that the majority of our products are bespoke. These terms and conditions do not affect your statutory rights. To order the goods through the Lamco Design Ltd or MisuraEmme S.P.A. the purchaser must be at least 18 years old and able to accept delivery within the United Kingdom.
1.General Conditions
1.1 Where the Purchaser requires goods to be supplied to their own specification, we enter into a Contract on the basis that we endeavor to publish as much information as is practical about the goods and the descriptions of the goods are as set out. All drawings, photographs, descriptive matter, colour, specifications and information provided, including that on our website are for the sole purpose of giving an approximate idea of the goods.
We have a showroom at Poole, Dorset, and other completed projects at various sites that the customer is invited to visit prior to ordering the goods so that they can see the quality of goods being offered. Please note that the goods are of bespoke nature and cannot normally be cancelled after the payment of the non refundable deposit. (See 12.2 cancellation policy ref 14 days) Once the manufacturer has confirmed the order, you are liable for the entire value of the order.
If no specific material has been agreed on our order confirmation etc, we shall supply the goods in accordance with our standard material and specifications and shall not be liable for any discrepancy between such specification and the Buyers requirements.
1.3 Any typographical clerical or other error or omission in any document issued by Lamco Design Ltd shall be subject to correction without any liability on our part.
1.4 Any representations made by our employees or agents (including customer services) concerning the products shall not be incorporated into the contract unless confirmed by us in writing and in entering into the contract you acknowledge that you do not rely on and waive any claim for breach of such representations, which are not so confirmed.
1.5 You are provided with access to our website in accordance with these terms and conditions and any orders placed by you must be placed strictly in accordance with these terms and conditions. Please see the separate terms and conditions below or on our web site regarding our web site terms and conditions.
1.6 We reserve the right to modify or withdraw, temporarily or permanently, any of our products and information (or any part thereof including these terms and conditions) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of goods and information.
1.7 If You require advice (including Health and Safety information) in relation to the Goods, a specific request for advice should be made and any advice given in writing by a Company Signatory in response to such a request shall amount to a representation and We shall be liable accordingly.
1.8 Lamco Design Ltd enters into this Agreement on the assumption that your premises are free from damp, dry rot, infestation or collapse and are otherwise structurally suitable to accept the installation of the goods and that all the necessary services are readily accessible. If you know
or have reasonable cause to suspect that not to be the case, then you must tell us immediately. Failure to do so may lead to termination of this Agreement and you may incur some liability for our reasonably cost in accordance. Any warranty supplied with our work will be nil and void.
1.9 The company does not employ a qualified Building Surveyor (or Similar). We are not
qualified to detect latent defects or unusual structural problems and will not carry out any
opening up or intrusive testing, If at any time it becomes apparent that the installation has been underpriced due to a technical reason beyond the reasonable expectation of the company, an inadvertent error in the information provided by the Purchaser to the Company and/or an error
in calculation then Lamco Design Ltd, will inform the customer with a written explanation
including a detailed price variation proposal and both parties will attempt to agree a revised
Order value for the installation. In the event that a revised Order value can not be agreed then either party is entitled to terminate this Agreement. Any monies paid by the Customer will be refunded subject to a deduction for the reasonable cost of material and services provided by
the Company up to the point of termination.
2. ESTIMATES AND TENDERS
2.1 Estimates and tenders shall not constitute an offer to sell but merely an invitation to trust. Accordingly, no binding Contract shall be created until the Purchaser has paid the required non refundable deposit (50%) and we have issued our written Order Confirmation.
2.2. All our quotations are valid for 30 days and subject to the availability of the goods at the date of issue of our Order Confirmation. Drawings, dimensions, etc must be taken as approximate only and do not form part of the contract. Final measurements will be taken prior to manufacturing and installing.
2.3 If not stated the goods are zero VAT and the VAT will be added as ruled by HMRC at the time of the supply.
2.4 Orders must be placed for goods as quoted by us. All extras, accessories, alterations and additions, ordered but not specified in our quotation will be priced and charged separately.
2.4 The order confirmation can be subject to change, if necessary, once a second measure has been completed. Any changes including costs will need to be confirmed prior to manufacturing.
2.4.1 By accepting our order confirmation and confirming any final design, you are acknowledging that you have carefully checked the floor plan and drawings in the personalized order confirmation and acknowledge that only the units and accessories specified on the documents will be supplied by us.
2.5 For our Italian Range – MisuraEmme S.P.A. your order is confirmed once the manufacturer in Italy has acknowledged the order and sent us the documents.
2.6 The latest order confirmation document supersedes all previous documents.
3. NON ACCEPTANCE OF AN ORDER
3.1 Non-acceptance of an order may be a result of one of the following:
3.1.1 Our inability to obtain authorisation for your payment
3.1.2 The identification of a pricing or product description error
3.1.3 Our inability to process your order due to missing information.
3.1.4 The delivery address is in an area of inaccessibility.(see Clause 9.4)
3.1.5 The product(s) you have ordered are out of stock (whether temporarily or otherwise);
3.1.6 Delivery is delayed for reasons beyond our control, including (but without limitation to) the reasons set out at clause 8 and 9 below;
3.1.7 Your failure to :-
(a) be over 18 years of age;
(b) stipulate a delivery address in the United Kingdom including a postcode or equivalent;
(c) to possess a valid credit or debit card issued by a bank acceptable to us;
(d) comply with and consent to clause 3 and generally the terms of our privacy policy
3.2 Prior to accepting your order we shall take steps to authenticate any credit/debit details.
3.3 Prior to acceptance by us, we reserve the right at any time and at our sole discretion to:-
3.3.1 withdraw any product(s) from range/website; and/or
3.3.2 remove or edit any materials and/or
3.3.3 reject any order.
3.4 If there are any problems with your order, you will be contacted by customer services.
4. DRAWING
4.1 Whilst every effort has been made by our designers to provide you with a finalised scope of works, our drawings are for illustration purposes only. Design details may be subject to change up to the second measure carried out by the manufacturing team, when final ceiling heights, electrical positions and technical elements are confirmed. (There is no charge for these changes.) Should you wish to make changes to the design yourself, prior to manufacturing, we are happy to redraw it up to three times after which we reserve the right to charge you for any new alteration/drawing.
4.2. Please note that the top shelves to units, ie wardrobes, are not guaranteed and are dependent on ceiling heights. All our shelving is fixed and non-adjustable and therefore the number of shelves may be subject to change when the technical design is produced will all the relevant measurements. For any bespoke items that are not of standard recognised design practices or measurements, the manufacturing team will need to technically draw this when manufacturing and all final details will need to be confirmed in writing with yourself prior to installation.
4.3 Where all drawings and sizing is scaled from architects’ plans. Final measurements will need to be taken on site prior to ordering or manufacturing any furniture. If different to architect’s plans, additional costing could occur due to changes. The sockets and switches will not have been accounted for and we will only be able mark their position when we complete the final measurements. If their position affects the design, there may be a +/- cost implication. This contract is subject to us coming to site and installing the units once all other trades have left the apartment. All walls are plastered, etc. It is also subject to us coming to site and completing multiple apartments i.e. one floor at a time. Should we need to come back to site to complete any work due to the room not being ready. We will carry the work out at day rate. After we have taken the site measurements, there cannot be any alterations to any apertures. Any changes will not only result in a possible delay with the material being ordered, there may also be a cost implication. With the Italian furniture once, the order has been placed it has to go through the factory. Any changes will result in a new order being manufactured and you will have to pay in full for both orders. With Lamco Design bespoke range, once the order has been placed full payment will be due, however there will be a minimum charge of £100.00 for each alteration, plus material. (Plus VAT). Full details will be available on request.
4.4 We reserve the right to charge for any additional labour or materials due to these changes.
4.5 Any new drawings confirmed and acknowledged will replace any you have all ready agreed and the latest drawings will become the drawings we will deliver and fit to.
5 ADDITIONAL INFORMATION
5.1 you agree:
to make sure that the fitter has access to the site at reasonable times (between 8.30am and 6.30pm on weekdays excluding public holidays) or otherwise as agreed by you and us in writing;
to make sure that any re-routing or installation of plumbing (including water, radiators, drainage, gas, sewage and the like), or electrics, removal of existing furniture and carpets have been carried out to a good workman-like standard prior to the fitting date;
to make sure that the fitter can use the mains electricity supply from a standard 13A 240V socket free of charge, and that the supply is installed to the usual standards in force at the time;
that you will not make any alterations in the rooms to be fitted, and that in particular you have not installed, relocated or removed any fixed items that you have not told us after the second measure or manufacturing of the goods.
that you have permission to use any plans or drawings you supply to us;
to provide reasonable access to the room to be fitted (ladder access is not acceptable) to clear the room to provide sufficient working space for the fitter and co-operate in reducing health and safety risks to an acceptable level.
if you wish to cancel or postpone your fitting date within 7 working days of the due date, we will incur costs and any such cancellation or postponement may be subject to an admin and storage fee of £250.00 minimum.
5.2 You confirm that you have told us of any particular features which you know about the site or its construction which may make the installation more difficult than we might reasonably expect. You acknowledge that you have checked the walls are sound.
5.3 You are advised not to decorate rooms (except the space where front frame furniture is to be installed) prior to installation to avoid minor incidental damage caused during installation.
5.4 Unless we have specifically mentioned otherwise, VAT has been excluded in all our fees and charges at the applicable rate.
5.5 We may make improvements to the specifications of the goods (or minor cosmetic changes) or their installation before completion of the installation. We will not make any significant changes without your agreement. Changes to the order after survey, if we agree to make at your request, will result in a charge of £150 for administration plus cost of the goods involved and possibly a delay in the planned fit date.
5.6 All our products are of a satisfactory quality, although as some are a natural product it can vary in grain or colour.
5.7 As we use different boards for the facias and the carcasses, occasionally there is a slight colour variation, and depending on the type of lights that you have or the amount of natural daylight in the room, this can become more visible.
5.8. For installation and safety purposes there may be a join in any material over 1,000mm.
5.9. The legal ownership of the goods will not pass to you until you have paid all of the money you owe us, whether under this agreement or otherwise. You are responsible for the goods as soon as they are delivered to the site and we advise you to check your household insurance to ensure that you are covered.
5.10 Backs: Backs to our units are not priced and included as standard, however if required, backs, this will need to be requested and confirmed in writing and will incur an extra charge. Due to the manufacturing process, they cannot be added after the second measure, once manufacturing starts.
5.11 Coving: If priced, any coving around the units, will be fitted by Lamco Design Ltd, but is to be painted by the Customer.
5.12 New Builds: It is important to note that particularly on new builds and renovations projects that we cannot take any second measurements until the areas for the fitted furniture have been plastered and decorated, with ceiling and flooring installed. Should there be additional carpets, we can take measurements, however we will need to be provided with a full specification for the flooring project, underlay and adhesives. Manufacturing can only start after the second measure has been conducted and all details have been finalised and confirmed with yourself, the Customer. We will need on average four working weeks from the second measure, (once any changes have been confirmed by yourself,) to manufacture your bespoke items. For larger projects this time scale will need to be extended. Final sizes for mirror, upholstery seating etc will only be taken after all the other items have been installed. We will need 9 working weeks lead time for MisuraEmme S.P.A.
5.13 DELIVERY AND FINAL MANUFACTURING TIME FROM FINAL MEASURE.
5.13.1 Bespoke furniture: We will need material lead-time (*) and a further four working weeks from accurate measurements being taken, i.e. walls plastered. We will work with your site agent’s schedule to meet your installation dates.
5.13.2 Italian furniture: We will need 9 working weeks from (Italian) order confirmation, and we will need final measurements to raise the order. Once the order is placed no amendments can be made. The lead time does not include the Italian annual shutdown in August.
5.14 SITE VISITS For each Apartment/Plot the estimate includes one visit to site for second measure and one visit to site for installation. In the rare case that you wish for an additional visit, this maybe chargeable, when quoting for work outside the 30 mile radius. Should we arrive on site or be informed less than 24 hours before we come to site that you are not ready for us, we reserve the right to charge you at day rate for any time lost.
5.15 RIP OUT AND DECORATION. You, the Customer are responsible for all decorating prior to the installation, as well as the ripping out and disposal of any existing furniture and making good to those areas prior the above installation date of your new furniture. Should you wish to instruct us to conduct the ripping out and disposal of the existing units, we are more than happy to provide you with a separate quote. If we are doing this work, we will need a minimum of 4 weeks notice, plus any additional time required for you to make good the area, prior to us doing the second measure.
The customer understands and accepts that, despite all reasonable care being taken by the Lamco Design Ltd, the installation may cause minor damage to the decoration. Redecoration of the area in which the goods have been installed following completion of the installation and areas that have been used to deliver the goods to the final installation place, shall be the Customers responsibility and is not included in the price unless specifically set out. For the avoidance of double this provision does not exclude the Company’s responsibility for damage which is beyond what is reasonably commensurate with the fitting of the units in the usual way (for example damaged to the areas of the premises where the Goods are not being fitted and accessed for delivery) or which has been caused by the negligence of the Company or its employees and agents.
5.16 ELECTRICAL WORK For furniture housing electrical, TV and audio equipment we do not supply any electrical items (ie extension cables, TV brackets, magic eyes etc) nor do we carry out any electrical works. We expect all works to be carried out by others and all electrics in place prior to us coming to site to carry out the installation. You may need to retune TV’s and connect electrical leads to your equipment once we have finished. For any LED lighting, whilst we supply the lighting itself, from our standard range, we do not provide any electrical work and all of our lighting is on a plug and play system, so please liaise with your electrician on what work is necessary ahead of your furniture installation. We expect all electrical lighting feeds to be in place. The type of feed will be dependent on your chosen lighting. Any lighting to open furniture sections, for example, walk in wardrobes, require either a switch feed or ceiling mounted PIR. Any lighting to internals of furniture, for example behind a hinged door, requires a permanent feed and we will provide you with the option of a motion activated sensor or touch switch.
Standard Lighting Specification: Unless specified our LED lighting is 4000K Natural non dimmable strip lights, as seen in the showroom.
If we arrive on site and you have not completed the necessary electrical work, we reserve the right to cancel the installation and arrange another mutually convent time to return. Please be aware that this is normally several weeks later as we have obligations to our other customers. Please note that all the electrical items supplied by us carry a 12 months guarantee, from the time the unit was installed. Should you have any questions or concerns regarding any electrical items please do not hesitate to get in touch with your designer.
6. LIABILITY REFERENCE INSTALLATION
6.1.1 We expect all items to be removed from the area we are working prior to us coming to site to prevent any damage. At no time do we accept any responsibility or liability for any damage to any equipment.
6.1.2 Insurance and liability on site work/new builds
Please note that once the unit has been delivered to site, they become the responsibility of the Customer/Contractor. The Customer/Contractor is responsible for the protection and insurance of the work until fully and finally incorporated. Should there be any damage after the work has been completed, Lamco Deign Ltd will replace at day rate, plus the cost of the material. There could still be a 10-week lead-time for the material. Existing protective manufacturing backing if applicable, will be left on the bespoke doors, but if you need any other protection, it is down to the contractor to arrange. We should be one of the last sub-contractors on site and this will limit the units being damaged. Should installation be carried out against our better judgement i.e. when plaster is wet. the warranty is null and void and any damage will be charged at day rate. (See Clause 1.8)
6.1. If any other subcontractors need to amend the final installation due to pipe work etc. this will affect our warranty.
7. ASBESTOS
The Customer should take all precautions to make sure the area is free from Asbestos and other hazards. The Company will not be responsible for any delay caused to the installation works due to the suspected presence or discovery of Asbestos ie insulation board, asbestos coating during the installation. The late discovery of which was not caused by the negligence or neglect of the Company. Where Asbestos is suspected or discovered, the installation works will be suspended immediately until it has been safely removed and the appropriate certification of safe removal etc has been obtained. The Customer will be liable for any and all the costs associated with such removal and it is for the Customer to arrange for all work to be completed themselves.
8. DELAY WITH SCHEDULE INSTALLATION
8.1 Should the project be behind schedule, we will make every effort to hold the goods at our workshop, but it is the responsibility of the customer to arrange alternative storage. However we can arrange for storage at cost, including loading and unload, plus 10% administration cost. If we do not have storage available the goods will be stored at a commercial storage facility and charged at cost.
8.2 We will also make every effort to reschedule the work at a mutual convenient time, but this will involve others within our schedule being happy to take your place or you going on to the end of the scheduled work which is normally a 12 week delays.
9. DELIVERY
9.1 We aim to deliver (via national or local carrier, including our own vehicles.) all products as shown on our order confirmation during normal working hours. Delivery times will be estimated on our order confirmation and we will delivery on the order confirmation.
9.2 Whilst we aim to deliver/install all products when scheduled, we cannot guarantee delivery/installation on this day and any date quoted for delivery/installation of the products is approximate only. Further, we shall not be liable for any loss suffered by you arising from any delay in the delivery/installation of the product(s).
9.3 We offer free local delivery on all products within a 10 mile radius of Poole, Dorset. Deliveries outside this area and to the Isle of Wight, or elsewhere in Europe can be arranged but at an additional cost. Our normal deliveries are Monday – Friday within working hours. We may also deliver before Midday on a given day including Saturdays but at an additional cost. We cannot deliver on Sundays.
9.4 Delivery is generally carried out by Lamco Design Ltd or a national carrier and their experienced delivery drivers, who will deliver your products to the most easily accessible ground floor door to your premises. Please note that if you live in a block of flats or in a basement premises, your product(s) will only be delivered to the most easily accessible ground floor door of the building, and will not be delivered to your specific door of your premises within the building or basement, unless we have agreed this in writing, normally on the order confirmation. If the goods purchased include installation, Lamco Design Ltd will either deliver the goods themselves or follow the courier and ONLY if agreed in writing will be Lamco Design Ltd, be responsible for the disposal of your old products, and/or the new packaging. Please check your order confirmation for more details.
9.5 We reserve the right not to deliver any goods and our drivers have full discretion not to
deliver goods, if they consider it dangerous, negligent or for any other reason inappropriate to
do so. It shall be your responsibility to ensure a safe and appropriate place for the delivery of the goods. You will be responsible for any costs or loss incurred as a result of your failure to do so. We reserve the right to levy appropriate delivery charges as are deemed necessary at our discretion.
9.6 Reasons for delay or non-delivery could be:
9.6.1 During holiday periods eg: Christmas, Easter, Factory annual shutdown.
9.6.2 The delivery area is in an area of inaccessibility.
9.6.3 Unforeseen circumstances, such as but not limited to lock-outs, strikes, riots, malicious damage, labour disturbances, trade disputes, government action, (including action by any local or statutory authority), fire, floods, vehicle breakdown, acts of God, delays by suppliers or any other cause whatsoever beyond our control.
9.6.4 The product(s) including material, that you have ordered are not in stock.
9.7. We can deliver by installment and it may be possible for the delivery balance and final balance to be ie per room. The delivery balance will be due prior to installation and the final balance will be due on the completion of each room. You shall not be entitled to repudiate the contract by virtue of the fact that we have failed to deliver one instalment or one instalment is late
8.8 If we cannot deliver on the scheduled delivery date, for any reason, we will update you by e-mail or telephone as to the progress of your order, advising you of the anticipated delivery date, and contact you by email or telephone once your product(s) is (are) ready for dispatch
10 DELIVERY/ORDER PROCESS
10.1 We have broken down our delivery/order procedure into 3 steps, for your information.
STEP 1. Order confirmation: On receipt of your order, we will send you an order confirmation by email. The document will give you full details of the product(s) you have purchased, delivery address, and financial details of the transaction. Please take time to carefully check all information, including the latest drawings. If you find any errors, phone or e-mail customer services using the contact details set out below at clause 22.
STEP 2. Second Measure: Prior to manufacture of your product, we will arrange a second measure and if necessary produce, additional technical drawings or revised drawings. During this meeting final installation arrangement including confirmation of installation date will be confirmed. If the anticipated delivery day is not convenient or if you find any errors, please phone or e-mail customer services using the contact details set out below at clause 22 immediately.
PLEASE NOTE INSTALLATOIN WILL NOT TAKE PLACE UNLESS THE DELIVERY BALANCE HAS BEEN PAID.
STEP 3. Delivery of your product(s): Following successful completion of steps 1 and 2, delivery will take place on the confirmed day. This may or may not be the anticipated delivery day in the order confirmation.
11. FAILED DELIVERY ATTEMPT
11.1 If, contrary to clause 8. above, and otherwise than by reason of our fault:-
11.1.1 you fail give us adequate delivery instructions and/or fail to inform us that there are errors in the order acknowledgement and/or order confirmation relating to your delivery address details;
11.1.2 you fail to inform us that the anticipated delivery day is not convenient and/or that as a consequence you fail to take delivery of the product(s) whenever they are tendered for delivery, then without prejudice to any other right or remedy available to us, we reserve our right to and will generally seek to recover transportation costs for the return trip. As an alternative, you may arrange carriage at your expense for the return of the product(s).
11.1.3 Storage – Charges. We reserve the right to charge for storage 7 days after the agreed delivery date. We will charge the commercial rate for storing off site, at cost plus 10% administration charge and this must be paid prior to us releasing the goods.
12. RETURNS & CANCELLATION POLICY
12.1 – Defective items delivered.
As soon as is reasonably practicable, but within two days, you shall examine your order and advise Lamco Design Ltd immediately thereafter if you believe it to be defective or in any other way deficient. This information must be in writing, with pictures. If it is established that the goods have been received with a defect, the item must be returned to us within 7 days of purchase and a replacement will be manufactured and delivered as soon as possible. You will not be entitled to return goods without first obtaining the express authorisation from us.
12.2 – Cancellation Policy: Please Note: Your right to cancel this contract. All our Goods are made, supplied and fitted to your specification on a bespoke bases. As such, this contract is exempt from cancellation provisions asset out in the Consumer Contracts, (Information, Cancellation and Additional charges) Regulations 2013 pursuant to regulation 28 (1)(b)
However, we give you the right to cancel this contract starting on the day the deposit is paid and this contract is entered into and ending 14 day after. If you wish to cancel this contract you must notify us in writing (Either by Post or Email) to the contact details provided. Please note that although you have the right to cancel this contract within 14 days of the order confirmation, where you have agreed for installation within the 14 day cancellation period your right to cancel will be terminated upon the commencement of the work.
Subject to the above, once the manufacturer has confirmed the order, you are liable for the entire value of the order. (The delivery balance and final payment). It is only in exceptional circumstances that order can be cancelled. If we agree you can return the goods, any returned items must be returned unopened and with all the original packaging, including attached labels and it has not been used, cleaned, soiled or damaged in anyway and the appropriate receipt is tendered. The goods must be re-sellable. You will be responsible for the return carriage charge and proof of delivery. Variations will only be accepted at the discretion of Lamco Design Ltd. These must be made in writing and sent by recorded deliver to Lamco Design’s registered office.
12.2 You will own title to the goods once we have received your payment in full.
12.3 If we agree you can return the goods, you are responsible for making arrangements at your expense for the carriage and the return of the product(s) to us. Please ensure that these product(s) are wrapped well in their original packing, and if necessary use additional packaging. You are required to wrap the product in such a manner as to ensure that it can withstand the normal conditions associated with transporting it back to the supplier Product(s) will remain the responsibility of you until they are received by us. Following which we will refund payment after taking the 70% returns fee into consideration and provided the product(s) are received by us undamaged.
12.4 You need to ensure that all reasonable care is taken of the product(s) whilst in your possession.
12.5 Our liability for short delivery is limited to making good the shortage.
12.6 In the unlikely event that our surveying team discovers that we can not go ahead with the contract, we shall tell you why within 21 days of the survey being carried out and at the same time we shall refund to you the full value of any deposit which you have paid and after that neither of us will have any liability to the other.
13. PRICE & PAYMENT
13.1 The price of the goods shall be the price quoted by the company. The quotation is based on the price at the time of the quotation. Lamco Design Ltd shall be entitled to vary the quoted price at any time to reflect any delay, change in quantities, specification, second measure or the cost of the goods to the company.
The price is exclusive of delivery/shipping costs to the delivery address outside a 10 mile radius of Lamco Design Ltd.
13.2 We reserve the right to increase the price to reflect any taxes or duties that are or may from time to time be levied by any governmental statutory or local authority upon the sale of the product(s) and any necessary additions shall be charged at the rates prevailing at the date of invoice.
13.3 If the delivery address given on an order is outside the UK, an import tax may be payable upon receipt of the goods. The amount payable depends on the destination and may be subject to change. These payments are the responsibility of the Customer and we accept no liability for any payments, which may be due.
13.4 Where quoted VAT (Value Added Tax) it is at the UK standard rate. If at any time it is necessary to change the rate, we shall have the right to give written notice of such a change to you in line with HMRC ruling.
13.5 All delivery balance must be paid in full before delivery.
13.6.6 NON PAYMENT
If the Purchaser fails to pay the price for the goods on the due date as per the payment schedule of 50%, 40%, 10%, we shall be entitled (without prejudice to any right or remedy we may have) to:
13.6.1 Cancel or suspend any further delivery to the Purchased under any order and/or
13.6.2 Sell or otherwise dispose of any goods which are the subject of any order by the Purchaser, whether or not appropriated thereto, and apply the proceeds of sale to the overdue payment and/or
13.6.3 Charge interest (before and after judgment) on any unpaid balances: Chargeable at the rate of 8% per annum above Barclay Bank PLC base rate from time to time until payment in full is made. Irrespective of whether the date of payment is before or after any judgement or ward in respect of the same.
13.6.4 We reserve the right to recover all administration and legal costs in the event of default, together with interest until the money is paid in full. We reserve the right to use third parties if necessary.
13.6.5 Title to the goods remain with Lamco Design Ltd until payment has been received in full.
13.6.6 All Deposit payments and Delivery balances are non refundable. Please note that the goods are of bespoke nature and cannot be cancelled after the payment of the non refundable deposit. Once the manufacturer has confirmed the order, you are liable for the entire value of the order. (See Clause 12.2)
13.6.7 The Customer cannot benefit from any warranty or guarantee made in respect of the goods until payment of the Invoice value is made in full. If for any reason the final payment has to be written off or legal action including placing the matter in the hands of a Debt Agency for recovery on any moneys has to be taken. The guarantee on any items supplied will not come into effect until the outstanding balance, interest, legal cost etc have been paid.
The guarantee will be back dated to the invoice date.
13.7 – PAYMENT
13.7.1 We accept all major credit cards/debit cards Amex (?) , VISA, Delta, MasterCard, Switch and Solo, or you can pay be Bank transfer. If you want to pay by credit card you will need to contact the showroom to arrange a mutual convenient time.
13.7.2 You must confirm that the credit or debit card that is being used is yours in order to purchase product in person or over the telephone.
13.7.3 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, without prejudice to clause 11 above, we shall be permitted to cancel our contract with you.
13.7.4 Payment Schedule.
Should you wish to proceed with an order a 50% non-refundable deposit will be required upon placement to reserve a fitting date, with 40% non refundable delivery balance when the goods are received at our warehouse prior to installation and the 10% final balance to be paid upon satisfactory completion or prior to the delivery of the goods, where installation is not required. 13.7.5 All goods to remain the property of Lamco Design Ltd until payment in full has been received.
13.8.5 All prices are valid for 30 days unless otherwise stated.
14. GUARANTEE
14.1.1 The manufacturer(s) of your particular product(s) may offer a guarantee(s) of various periods on the product(s) from the date of delivery of the product(s). Please note that the terms of any manufacturer’s guarantee shall be attached to your product(s) on delivery and is offered as an extra benefit and does not affect your statutory rights as a consumer. The manufacturer’s guarantee terms will contain warranties relating to the quality of their product(s).
All goods are supplied to standard of quality specified by the supplier/manufacturer.
1 year warrantee – All electrical products, including internal lighting and Vinyl Wrap. (No extended guarantee)
5-year warrantee – MFC board and carcassing, Acrylic, Veneer, Lacquer and wood staining. Sliding doors, runners and closers, handles and push to open mechanisms.
10-year warrantee – Door hinges and Drawer runners.
15 years warrantee – LG – Hi macs.
14.1.2 Any complaints made by you in the first year should be made initially by e-mail to us, quoting your order reference number and outlining the nature of your complaint. We shall then investigate the matter. We may call on the expertise of the manufacturer to assist in any investigation for example, to examine any alleged defects.
14.1.3 In subsequent years, we offer as an extra benefit to you, an additional guarantee, separate from and extending the manufacturer’s guarantee (where applicable) to 5 years, depending on the length of the manufacturer’s guarantee.(Excluding electrical and Vinyl) We will levy a charge for the replacement of the faulty item. The charges are based on a sliding scale, the older the item is, the more you will need to contribute towards the replacement (including delivery costs) which would be calculated as follows (please note that the periods set out below are defined with reference to the date from delivery):-
12-23 months 20% charge of replacement (calculated by reference to new price);
24-35 months 40% charge of replacement (calculated by reference to new price);
36-47 months 60% charge of replacement (calculated by reference to new price);
48-60 months 80% charge of replacement (calculated by reference to the new price).
8.1.4 In order to be entitled to a replacement product in accordance with our additional guarantee, referred to at clause 14.1 above, you would need to comply with our additional guarantee conditions, set out at clause 14.2 below.
14.2 Our Additional Guarantee Conditions
• That you do not place furniture near heat sources or air conditioning units.
• You avoid changes in humidity and especially steam.
• You avoid rooms that may cause extreme temperature change such as conservatories, as this may cause
excessive timber movement and cracking.
• You always leave a gap behind wardrobes and wall units to allow air to circulate.
• You protect furniture from strong or prolonged sunlight.
• You avoid marking furniture with sharp objects, for example when using a ballpoint pen.
• You carefully lift you’re free standing bedroom furniture, never drag or push it.
• You do not place hot dishes, cups or plates onto any cabinet or table top – use insulated mats as protection.
• You don’t overstrain drop flap stays and hinges or place heavy items onto glass shelves.
• You take care not to drag items across a wood surface or to put heavy items on the surface without protection.
• You protect wood surfaces with felt under-cloths and place mats.
• You assume that all wooden furniture will not resist water, chemicals or heat.
• Note: Natural wax finishes are porous and stain easily.
• Note: Heavy furniture will leave indentations in carpets and may mark hard flooring
if it is dragged across.
· Wood is a naturally occurring product; part of its beauty is that no two pieces can be the same. The depth, shade of colour and grain pattern vary from item to item.
· You never use silicon or wax polishes that leave residue on surfaces.• With Sliding doors, runners should be dusted regularly and kept free of obstacles to avoid damage.
14.2.3 The additional guarantee is void and you will not be entitled to a replacement product if a fault results from misuse of the product. Examples of misuse would include:-
Subjecting the product(s) to excessive wear and tear, e.g.
Using the product(s) for which it was not designed (e.g. Sitting on a TV Unit);
Overloading any drawers and causing distortion of the base.
14.2.4 Wherever possible, any replacement will be made of identical material. However, if no longer available, we reserve the right to substitute appropriately with a similar material or one of higher quality. We will only replace the areas damaged.
14.3 The Guarantee is personal to the person/persons on the invoice and is not transferable.
14.4 The guarantee does not cover:
Any damage caused by wear and tear.
Natural wear and tear.
Natural colour fading caused by prolonged exposure to light.
Movement of wardrobe infill or worktop caused by natural movement of the house’s structure for installations over 30 days old. This also includes settlement of furniture if fitted on top of carpet.
Fitting of any small item replacements, for example, handles, hanging rails, etc. Replacement parts will be posted.
Electrical and light fittings, bulbs mirrors and glass.
Door and drawer adjustments and caulking, refitting of drawers removed from drawer runners.
Accidental damage caused as a result of an unexpected and non-deliberate action.
If the furniture is required to be removed from the room’s structure the guarantee does not cover re-decoration or damage to flooring.
All consumables required to replace faulty parts will be charged for; these include, but are not limited to, screws, filler, brackets, etc.
Any fitting issues reported outside of 30 days from original installation date
Please note: We shall at our discretion repair, replace or reinstall parts as required. Due to natural colour fading on your existing furniture there may be a slight colour variation in any items replaced which is out of Lamco’s control.
14.5 Only the faulty parts will be replaced.
Lamco also offer an aftercare service.
14.4 For a cost the fitter can carry out any of the following work for you:
All door and drawer adjustments.
Replacement of any caulking required.
Replacement of small items such as shelf pegs, hanging rails or hinge cases.
Repair of accidental damage (parts are subject to an additional charge)
14.5 The customer cannot benefit from any warranty or guarantee made in respect of them until payment of the Invoice value is made in full. If for any reason the final payment has to be written off or legal action including placing the matter in the hands of a Debt Agency for recovery on any moneys has to be taken. The guarantee on any items supplied will not come into effect until the outstanding balance, interest, legal cost etc have been paid. The guarantee will start from the date of the invoice.
15. INTELLECTUAL PROPERTY AND RIGHT TO USE
15.1 You acknowledge and agree that all current and future copyright, trademarks and all other intellectual property rights in all material or content supplied including as part of the website, drawings etc shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by our licensors or us
15.2 Please also see terms and conditions attached or on our website, which shows more information.
16. TITLE AND RISK
16.1 The risk in the goods shall pass to you when the goods are delivered.
16.2 The title/property in the goods shall remain with us until payment has been received and cleared in full.
16.3 Until such time as the property in the products passes to you, you shall hold the products as our fiduciary, agent and bailee and shall keep the products separate from those belonging to you and third parties and properly stored in the original wrappings, protected, insured and identified as owned by us.
16.4 Until such time as the property in the products passes to you, we shall be entitled at anytime to require you to deliver up the products to us and if you fail to do so immediately to enter your premises or premises of any third party where the products are stored and repossess the products. We shall be entitled, at any time, to recover any or all of the Goods in your possession to which we have title for that purpose. We, our employees or agents may, with such transport as is necessary, enter upon any premises occupied by You, or to which You have access and where the Goods may be, or are believed to be, situated.
16.5 You shall not be entitled to pledge for any indebtedness any of the products which remain our property but if you do so, all monies owing to us by you shall (without prejudice to any other right or remedy available to us) immediately become due and payable.
17. FORCE MAJEURE
We shall not be liable for delay or non-delivery by reason of but not limited to lock-outs, strikes, riots, malicious damage, labour disturbances, trade disputes, government action, (including action by any local or statutory authority), fire, floods, vehicle breakdown, acts of God, delays by suppliers or any other cause whatsoever beyond our control.
18 INSPECTION
18.1 You shall inspect the Goods at the place and time of unloading or collection, but nothing in these Terms shall require You to break packaging and/or unpack Goods which are intended to be stored before use.
18.2
18.2.1 You must advise Us by telephone immediately and give Us written notice within two working days of installation of any claim for defects/short delivery. If You do not give Us that notice within that time, the Goods will be deemed to have been delivered in the quantities shown in the delivery documents, without defect.
18.2.3 You shall not be entitled, and irrevocably and unconditionally waive any rights to reject the Goods or claim any damages whatsoever, for short delivery howsoever caused.
18.2.4 Our liability for short delivery is limited to making good the shortage.
18.3
18.3.1 Where it is, or would have been, apparent on a reasonable inspection that the Goods are not in conformity with the Contract or (where the Contract is a contract for sale by sample) that the bulk does not compare with the sample, You must advise Us by telephone immediately, and give Us written notice within two working days of inspection.
18.3.2 If You fail to give Us that notice within that time, the Goods will be deemed to have been accepted and You shall not be entitled, and irrevocably and unconditionally waive any rights to reject the Goods.
18.3.3 If You fail to give Us that notice within that time, Clause 16 shall have effect.
19 LIABILITIES
19.1 Nothing in these Terms shall exclude or restrict our liability for (a) death or personal injury resulting from our personal negligence, (b) fraud or fraudulent misrepresentation (including that of our officers, employees, agents, contractors or subcontractors), (c) breach of any obligation as to title implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982, or (d) any other matter for which it would be unlawful to exclude or limit liability.
19.2, We shall not be liable for a) any misrepresentation (including by any of our officers, employees, agents, contractors or subcontractors) (unless fraudulent), (b) any breach of warranty or condition or other term (whether express or implied), (c) any breach of duty (whether common law or statutory), or (d) for any damages whatsoever caused by our negligence (including that of our officers, employees, agents, contractors or subcontractors). Instead of liability for damages, We undertake liability under Clause 19.3 below.
19.3 Where but for the effect of Clause 19.2 You would have been entitled to damages against Us, We shall not be liable to pay damages to You but subject to the conditions set out in Clause 19.4, We shall, at our sole discretion, either (a) repair the relevant Goods at our own expense, (b) supply replacement Goods free of charge, or (c) refund all (or where appropriate, part) of the price of the relevant Goods.
19.4 We shall not be liable under Clause 19.3:
19.4.1 if the Defect arises from wear and tear;
19.4.2 if the Defect arises from willful damage, negligence, abnormal working conditions, misuse, alteration or repair of the Goods, failure to follow British Standard or industry instructions relevant to the Goods, or storage of the Goods in unsuitable conditions (but this sub-clause shall not apply to any act or omission on our part);
19.4.3 unless after discovery of the Defect, We are given a reasonable opportunity to inspect the Goods before they are used, or in any way interfered with, For the avoidance of doubt, We acknowledge that the costs of suspending works are relevant to the determination of what is reasonable opportunity and this sub-clause shall not apply to any works affecting the Goods, which it may be reasonably necessary to carry out in the interests of safety and/or as emergency measures;
19.4.4 if the Defect would have been apparent on a reasonable inspection under Clause 9.1 of these Terms at the time of unloading, unless You advise Us by telephone immediately and written notice of any claim is given to Us within two working days of the time of unloading; or, in any other case,
19.4.5 Unless the Defect is discovered within three months from the date of delivery and We
are given written notice of the Defect within two working days of it being discovered.
19.5 If the Goods are not manufactured by Us, or have been processed or milled by a third
party – whether or not at your request – our liability, in respect of any defect in workmanship or materials of the Goods, will be limited to such rights against the manufacture or the third party as We may have in respect of those Goods.
19.6 If the Goods are manufactured, processed or milled by Us to the design quantity measurement or specification You or your agents have provided to Us then:
19.6.1 subject to Clause 19.1, We shall not be liable for any damages whatsoever. Nor shall
We be liable pursuant to Clause 19.3 except in the event of:
19.6.1.1 any fraudulent misrepresentation;
19.6.1.2 any misrepresentation where the representation was made or confirmed in writing by a Company Signatory;
19.6.1.3 material non-compliance with such design, quantity, measurement or specification
19.6.1.4 a breach by Us of a written warranty signed by a Company Signatory that the Goods
are fit for that purpose; or
19.6.1.5 a claim maintainable against Us pursuant to Clause 20.1.
19.6.2 You will unconditionally, fully and effectively indemnify Us against all losses, liabilities, fines, damages, costs and expenses (including reasonable legal fees) awarded against,
incurred or suffered, or paid, or agreed to be paid, by Us in connection with or in settlement of any claim that the use, reproduction or exploitation of any design, quantity, measurement or specification provided by You to Us infringes any patent, copyright, design, trademark, or any other industrial or intellectual property rights of any other person.
19.6.3 You shall further unconditionally, fully and effectively indemnify Us against all losses, liabilities, fines, damages, costs and expenses (including reasonable legal fees) awarded
against, incurred or suffered, or paid, or agreed to be paid, by Us in connection with or in settlement of any other claim arising from or in connection with any such manufacturing processing or milling of Goods pursuant to this Agreement, including (but not limited to) any Defect in those Goods. This indemnity will be reduced in proportion to the extent that any such loss, liability, fine, damages, costs and/or expenses are due (whether whole or in part) to our negligence and costs and expenses are due to our negligence.
19.7 You will unconditionally, fully and effectively, indemnify Us against all loss damages costs on an indemnity basis and expenses awarded against, or incurred by Us in connection with, or paid, or agreed to be paid by Us in settlement of any claim by any third party arising from the supply or use of the Goods. This indemnity will be reduced in proportion; to the extent that such loss damage costs and expenses are due to our negligence.
19.8 Without prejudice to any other provisions in these Terms: in any event, our total liability for any one claim, or for the total of all claims arising from any one act of default on our part (whether arising from our negligence or otherwise), shall not exceed the purchase price of the goods – the subject matter
20. GENERAL
20.1 We may perform any of our obligations or exercise any of our rights hereunder by ourselves or through our servants, agents, employees or any other person so nominated by us.
20.2 Any reference in the terms and conditions to any provisions of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
20.3 The headings in these terms and conditions are for convenience only and shall not affect the interpretation.
20.4 No waiver by us of any breach of the contract by you shall be considered as a waiver of any subsequent breach of the same or other provision.
20.5 No failure by us to exercise any power given to us or to insist upon the strict compliance by you with any obligation hereunder and no custom or practice of the parties at variance with the terms and conditions hereof shall constitute any waiver of any of our rights under the contract.
20.6 If any provisions of these terms and conditions are held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the provisions in question shall not be affected thereby.
20.7 Any notice given hereunder must be given in writing and delivered or sent by post or facsimile transmission to the residence or principal place of business of the party to whom it is addressed.
20.8 Except as otherwise provided nothing in the contract shall confer on any third party any benefit or the right to enforce any terms of the contract.
20.9 The contract shall be governed by the Laws of England and subject to the jurisdiction of the English Courts.
21 Failure by us to enforce any of these terms and conditions will not affect our right to enforce the rest of the terms and conditions.
22. CUSTOMER SERVICES CONTACT DETAILS
Telephone 044 (0)1202 694963 or
E-mail info@lamco-Design.co.uk or info@misuraemme.co.uk
Registered Office:
Lamco Design Ltd, Unit 6 The Glenmore Center, Fancy Road, Poole BH12 4FB.