Terms and Conditions
These conditions of sale apply to goods supplied by 3rd Edition Limited. Registered in England and Wales with no.04101773 registered office at Unit 2 Ash, Kembrey Park, Swindon, Wiltshire, SN2 8UN (the Company). Any Quotation given by the Company is an invitation to you to place an order with the Company only. No contract exists between you and the company for the sale of any goods until the Company has received and accepted your order and gives you confirmation in writing.
Any illustrations, descriptions, imagery either displayed on our website, in marketing materials (both offline and online), catalogues, price lists or other are intended merely to present a general idea of works and services provided by us. No part of these shall form part of any contract.
Due to the unique nature of every job, specific terms and conditions may apply to a contract. These will be included with our Quotation and highlighted to you.
Any Quotation provided by Us may be revised in the following circumstances:
If after the submission of the Quotation by us, you instruct us (whether in writing or orally) to provide additional works or services not referenced or detailed within the Quotation.
If following the submission of the Quotation by us, there is an increase in the cost of materials to be supplied
If following the submission of the Quotation by us, it is discovered further works and services need to be carried out which had not been anticipated, for example, to bring an existing installation up to standard before any extension or modification can be done.
If following submission of the Quotation or works carried out, it is discovered that there was a manifest error when the Quotation was prepared.
Placing an order with 3rdEdition.
If you wish to place an order you are agreeing to these terms and conditions. We also require you to send to us a deposit payment as set out below under Payment Terms
On receipt of your order (Deposit in Cleared funds), we will commence our working drawings and (or) samples on which we based our quotation. This set of materials will define the “Project Specifications” that we agree to deliver for you. As they are contractually binding, please check them promptly and carefully as soon as you receive them, in order to ensure that they match your understanding and expectations of the contract deliverables. If they do not – please let us know immediately – the whole purpose of us doing this is to avoid any misunderstandings. These will need signing for approval, along with a signed copy of these terms and conditions before we start manufacture.
Any project timings quoted will be from point of Project Specification, Drawing and Sample approval & return. We will not proceed without these sign documents.
Variations to the Specifications
Our aim is to ensure your complete satisfaction with the product we deliver to you, and variations to the Specifications after an order has been placed are not infrequently part of that. We will always endeavour to accommodate such variations, but they must be requested as early as possible both in order to ensure that we can, and to minimise the cost of them. It is also important for both you and us to be sure at all times what exactly it is we are going to be delivering to you, which is why we need to agree variations to the contract and the Specifications in writing with you.
When we accept your order, we will advise you of the estimated start date we have reserved for you in our production schedule (“Production Start Date”) and the estimated date of delivery/installation. At the time we start production, we will agree with you a precise date for delivery/installation with you (“Installation Date”).
The Price as stated in the Contract does not include Value Added Tax (“VAT”). VAT will be charged at the prevailing rate. Our VAT registration number is GB ????????. All payments are due in Pounds Sterling. All invoices are payable upon receipt.
In order to place an order with us you are also excepting the following payment terms.
We require a deposit (in cleared funds) as detailed below, all based on the total price set out in our quotation.
- If “Production Start Date” is within 60 days from excepting the quotation, a 50% deposit will be due.
- If “Production Start Date” is after the 60-day period, we ask for a 10% deposit to book the estimated “Production Start Date”, and a further 40% due when we reach the 60-day mark.
- A further 40% is due, a week prior to delivery plus 100% of the cost of any variations agreed since the deposit payment, and the full cost of all ancillary items which are being supplied by us by purchase from third parties (e.g. appliances, sinks, taps, worktops, lighting etc). Installation will be put on hold if this payment is not received.
- The remaining 10% balance is due upon completion.
The fittings or products installed remain the property of the Company unless paid for in full. The Customer hereby agrees and authorises the Company, its agents or employees to allow access to the property to remove any products installed if payment of the total amount is not made in full.
If payment of the price or any part thereof is not made by the due date, We may:
Cancel the Contract or suspend any further provision of the works to you with immediate effect. Any such period of suspension shall be disregarded for the purpose of contractual time limits previously agreed for the completion of the Services, Exercise our statutory right to charge interest on commercial debts of 8% above the Bank of England base rate per annum. Seek to recover all costs reasonably incurred by us in collecting payment of any overdue invoices from you.
We will always aim to meet our given delivery dates but cannot be held responsible for non-delivery or late delivery of ancillary items sourced from third parties. We reserve the right to alter our delivery and installation dates without prior notice, and you agree that the timing of delivery and installation is not of the essence of this contract.
Variations in Colour & Samples
Wood is a natural product and has all manner of colour variations, and whilst we go to great lengths to colour match as much as possible, we cannot guarantee that our kitchens and furniture supplied will be an exact replica in terms of colour and surface markings to those offered in the samples provided.
All goods supplied by the Company are warranted free from defects. All goods must be inspected immediately following installation (no later than seven days) and will be repaired or replaced free of charge if found to be defective or damaged in any way arising from the installation by 3rd Edition. This warranty does not apply to any defect arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Company, failure to follow the Company’s instructions on aftercare or any alteration or repair carried out without the Company’s approval.
In relation to ancillary items which are supplied to us from third parties (e.g. sinks, taps, electrical appliances, worktops etc), these are generally subject to manufacturer’s guarantees and warranties. We cannot accept any liability or responsibility for these types of items above and beyond the extent of your statutory rights. In practice, the manufacturers of appliances and other such items will deal with you directly to rectify problems with their products. Generally, none of these items can be returned once they have been delivered. This is why we require payment in full for these items before their installation, but of course it remains our responsibility to ensure that they are installed properly and without being damaged. We are not responsible for any changes made in specification to any appliances or associated goods which are to be supplied by us, and the extent of our obligations in that regard is to supply the brands and model numbers, etc, which are set out in the Specifications (or if they are not available, equivalent models of the same cost, as agreed with you).
Where you have contracted us to do the installation, we there will be a charge for removal of any existing cabinets.
You agree to:
prepare your premises for the undertaking of the work; including but not limited to provision of a suitable working environment (for example emptying, moving and covering of furniture and precious items);
obtain and maintain all necessary licences, permissions and consents which may be required for the work before the date on which the work is to start; obtain permission for us to proceed over property belonging to neighbours or third parties if this is necessary. you shall indemnify us in all aspects of claim from neighbouring/third party properties arising out of our presence or that of our representatives.
keep and maintain all materials, equipment, documents and other property of ours (Our Materials) at your premises in safe custody at your own risk, maintain our Materials in good condition until returned to us, and not dispose of or use our Materials other than in accordance with our written instructions or authorisation; and where the area has restrictions on parking, submit permission or provide a parking permit for us for such period as the duration of the job.
Our liability shall be limited to:
the repair or making good of any defect as above under Warranty,
the reasonable costs of repair or reinstatement of damage or any loss to your property, should this result from our negligence, and you incur such costs.
We will not hold any responsibility for any damage suffered to a part of any property where the damage is in whole or in part a consequence of a defect or weakness in that part of the property.
If damage to plaster and brickwork is caused it will be your responsibility to make good. We cannot accept responsibility for any damage to wallpaper, paintwork, tiles, carpet, furniture etc. Any silicone work does not carry any guarantee.
Notice of Your Statutory Right to Cancel (Individuals only)
If You are an Individual (consumer) you have a statutory right to cancel this contract within fourteen (14) calendar days starting on the day you accepted our estimate. You should send your cancellation notice to Us in writing via post or email/. Notice of cancellation is deemed to be served as soon as it is posted/sent.
If you accept a written quotation and agree that work may commence before the fourteen (14) calendar day cancellation period expires, then subsequently cancel in accordance with your rights, you are advised that reasonable payment may be due for any work carried out, including labour at the applicable rate.
If you wish to cancel an order (for individuals AFTER your fourteen (14) day statutory cancellation period), you must give us seven (7) days’ notice in writing. In such instances we are entitled to invoice you for any losses, including, but not limited to materials, restock charges incurred (for taking materials back), labour, sub-contractor charges and expenses already incurred by us.
Right of Termination
We reserve the right to terminate the Contract with immediate effect in the event of any of the following:
that you become insolvent or enter into some form of insolvency arrangement.
that you (being a business) suspend, threaten to suspend, cease or threaten to cease to carry on, all or substantially the whole of your business; that you (being an individual) die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation.
If either Party breaches a material provision under this Contract, the non-defaulting Party may terminate this Contract immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
Without limiting our other rights or remedies, we may terminate this Contract with immediate effect by giving written notice to you if you fail to pay any amount due under this Contract on the due date for payment.
All notices of termination of the Contract should be submitted to the other Party in Writing.
Consequences of Termination
On termination of the Contract for any reason:
You shall immediately pay to us all our outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has yet been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt;
You shall return all our goods which have not been fully paid for. If You fail to do so, then we may enter Your premises and take possession of them. Until they have been returned, you shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract;
The accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
clauses which expressly or by implication have effect after termination shall continue in full force and effect.
Events Outside of Our Control (Force Majeure)
We will use all reasonable efforts to carry out and complete the works on time but shall not be liable to you or any third party if the works prove impossible due to events or circumstances beyond our reasonable control.
If the delay persists for such time as we consider unreasonable, we may, without liability on our part, terminate the contract.
If an event outside of our control occurs and you wish to cancel the Contract, your notice of cancellation must be made in writing to us as set out above under Cancellation.
Complaints, Communication and Contact Details
We will keep you informed of the progress of production through Dropbox, which will be updated every two days.
If you wish to contact us with questions, complaints or to exercise your statutory right to cancel, please contact us by telephone +44 (0) 1793 529496 or by email at email@example.com
‘Data Protection Legislation’ refers to all applicable privacy and data protection laws, regulations and secondary legislation in England and Wales relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced or updated from time to time.
In certain circumstances, and with your consent, we may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Legislation as defined above and should use and hold Your personal information accordingly.
We will not pass on your personal information to any other third parties for marketing purposes.
Other Important Terms
If any of the provisions of the Contract are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Contract.
The Contract between us shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by you, without our prior written consent.
No failure or delay by us in exercising any of our rights under this Contract means that we have waived that right, and no waiver by us of a breach of any provision this Contract means that we will waive any subsequent breach of the same or any other provision.
Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
A person who is not a party to the Contract shall not have any rights to enforce its terms.
Governing Law and Jurisdiction
This Contract shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the courts of England & Wales.