Andrew Nebbett Designs (A.N.D) -Terms & Conditions
- www.andrewnebbettdesigns.co.uk is a website (“the A.N.D website”) owned and operated by Andrew Nebbett Designs Ltd. (“A.N.D”, “we”, “our”, “us”).
- A.N.D is registered in the U.K under company number 04364049. Our registered office is at Wessex House, Quay Road, Newton Abbot, TQ12 2BU.
- Our VAT number is 668 4622 02.
- A.N.D offers two distinct types of product/s; a ‘Ready to Go’ range, available to click and buy ‘as-is’ directly from the A.N.D website, and a Tailor-made/Personalised (“Custom-Made”, “Bespoke”) service, where items, products and solutions are custom made to order (commissioned by the Buyer).
- A.N.D considers the buyer (“the Buyer”) to be a business customer if the Buyer is intending to use A.N.D’s products and/or services in respect of their client project. The Buyer is also considered to be a business customer if the invoice is made out to a business name and address.
- In all other circumstances, the Buyer is considered to be a Consumer.
- Consumers have certain statutory rights which are not extended to Business Customers, for more information about your Consumer rights, please consult your local Trading Standards office.
Terms of Sale
- These terms of sale (“Terms of Sale”) describe the conditions through which A.N.D will supply the Buyer any products (“Product/s”, “Item/s” or “Good/s”) either listed on the A.N.D website or described by members of the A.N.D team during the course of an enquiry and/or order.
- If the Buyer does not agree to these Terms of Sale, the Buyer must not order any Product/s through the A.N.D site or via the A.N.D ordering service (by phone, email or text).
- To ensure the avoidance of doubt, these Terms & Conditions of sale are the governing terms and conditions by which all sales will be carried out. The project will not be carried out under any terms and/or conditions which may appear on the Buyer’s purchase order (if applicable) nor by any which appear in writing in any other form (email, letter etc), nor which are suggested verbally, at any time.
Prices, Quotations, Acceptance & Payment of Custom Products
- The Price shall be the price, set out on the A.N.D website, or within the written quotation, unless in the case of obvious error.
- The price of any product/s may change from time to time, but any price changes will not affect any order which is deemed to have already been accepted prior to the price change by A.N.D and thus considered to be in production.
- The Price is exclusive of VAT & delivery and/or installation (please see ‘Delivery / Shipping’ and ‘Installation Services’ further down).
- Due to ever increasing products offered through the A.N.D website, and in circumstances, as an example, where multiple revisions of a custom quotation are provided, it is possible that products and/or services are incorrectly priced, despite A.N.D’s best efforts. In a situation where a price is considered to be incorrect, A.N.D reserves the right to cancel an order, notifying the Buyer accordingly. In the circumstance where the Buyer has been quoted for an item or service which is then advertised or quoted at a lower value, a partial refund may be offered as a gesture at A.N.D’s discretion.
- Please note that upon acceptance of a quotation from A.N.D, an invoice will be drawn up and sent to the Buyer by email.
- A sales contract is deemed to have been entered into between the Buyer and A.N.D when payment of a deposit is received by A.N.D pertaining to the written quotation.
- All payments shall be made via bank transfer from the Buyer to A.N.D according to each individual invoice denoting the stage of the project.
- Unless otherwise agreed, A.N.D’s general terms of business are to receive a deposit of 50% of the total invoice value to place the work into the production schedule. The final 50% balance payment will be due on completion and prior to any collection and/or arranged delivery/installation. Please note that the work being commissioned, will only enter the production schedule once the initial 50% deposit payment is received, therefore any delay in receiving this payment will delay production and may affect completion dates.
- Any projects where an invoice has been raised and sent to the Buyer, but the initial 50% deposit has not been received within 3 working days will be considered cancelled and any associated estimated milestone and/or completion dates will no longer be valid. In this circumstance if the Buyer is intending to go through with the order/commission, it is the Buyer’s responsibility to ensure A.N.D is aware so that any possible options can be considered and discussed.
- Where alternative payment terms are offered, a detailed payment schedule will be provided to the Buyer prior to entering into a sales contract with A.N.D.
- Once the goods commissioned are completed, good quality photos will be supplied to the Buyer if desired or the Buyer is welcome to visit A.N.D’s workshops to inspect the finished items (visits are by prior arrangement only).
- Quotations are stated as ex-works and plus VAT. It is the responsibility of the Buyer to request a quote for delivery and /or assembly / installation if desired.
- All quotes are valid for 14 days from the date that the quote is sent to the Buyer.
- If the Buyer fails to make payment when due according to each individual invoice after the initial deposit has been received, A.N.D reserves the right to charge interest at the rate of 5% above Barclay’s Bank Plc’s Base Rate for each day, starting on the day the payment is due until the day on which payment is received.
In Production / Design Freezes
- Once a project quote has been accepted and the deposit payment is received by A.N.D, the project is then considered to be ‘Scheduled for Production’. During this time the project is prepared for production.
- When a project’s status changes to ‘Scheduled for Production’, A.N.D considers the design to be frozen and any subsequent design changes may incur additional charges and affect lead-times.
Production / Lead Time
- All items commissioned through A.N.D are made to order. In some instances items commissioned are considered to be part of A.N.D’s ‘Ready to Go’ range (available through www.andrewnebbettdesigns.co.uk), for which some parts and components are kept in stock, but each piece is made up as no complete stock items are carried. A.N.D normally expects to send out Ready-to-Go rails within 10-14 working days and tables within 28 – 40 working days. For any other bespoke items, it is the responsibility of the Buyer to consult A.N.D directly for estimated lead-times.
- A.N.D work to a production schedule, where commissioned items are created in a production order. A.N.D can provide estimated lead times and completion dates, but reserve the right to amend these, without prior notice. It is the responsibility of the buyer to ensure A.N.D are made aware of any desired completion dates before acceptance of any quotation. A.N.D will attempt to work to these dates, but will not be held liable to any penalty clause if they are not met.
- A.N.D is a traditional workshop, employing largely hand-crafting techniques. Tolerances of 0.5mm – 3mm are to be expected for most commissions. These are the manufacturing tolerances which are normally accepted within the trade.
- If a project requires greater levels of accuracy, it is the responsibility of the Buyer to ensure this requirement is discussed with A.N.D prior to acceptance of any quotation.
- Please be aware that variations in colour, tone and visible texture may be experienced with on-screen images depending on the device being used to view them. It is for these reasons that A.N.D cannot guarantee that finish samples or final commissioned works will be exactly as they have seen, either on-screen or in real-life.
- All surfaces will change over time. It is impossible to describe precisely how they will change. For example polished finishes are likely to tarnish over time, becoming dull and changing in tone and colour. External factors such as hand-prints will have an effect on metal surfaces depending on the acidity in the skin, if moisturiser is applied etc. It is the Buyer’s responsibility to ensure that any questions are put to A.N.D prior to commissioning a project, if the evolution of the surface finish is a concern.
- After installation please be very careful to remove any builders dust/ particles using a feather duster to flick it away. The dust can be very abrasive and has the potential to damage the finished surface by scratching it and also if left on the surface could react with the surface created. After flicking the dust away, the surface should be carefully and gently cleaned as per the care guidelines for the specific material and finish provided.
Surface Finishes – Hand Patinated Finishes
- All of A.N.D’s patinated surfaces are created by hand, therefore no two will ever be identical as variations naturally occur through the patination processes.
Surface Finishes – Plated Finishes
- Please be aware that A.N.D employ 3rd Party Providers for projects requiring plated finishes.
- Plated finishes are achieved by immersing metal components in tanks of liquid chemicals, therefore design/construction choices may be affected if choosing a plated finish, so please discuss this with A.N.D at an early stage if plating is of interest.
- To be able to suspend the items requiring plating within the plating tanks, where the items incorporate drilled holes (blind or through) as part of their design, A.N.D are able to use these holes to hold the pieces in the tanks, however those items which do not incorporate holes of any kind within their design will need something to allow them to be suspended and held in a way that will not affect their plating. In these cases A.N.D will assess each piece individually. It may therefore be the case that some pieces will be supplied with extra tapped holes (blind) for example (but not limited to), which enables them to be suspended in the tanks. This should not affect the installation or the overall aesthetic of the product.
- Please note, if it is necessary to remove or insert any plated screws it is the Buyer’s responsibility to ensure the correct size and quality of screwdriver (with a good fitting blade) is used. If the screwdriver is not the correct size it could scratch and lift the plating on the screw, which will then continue to peel off. Once the plated edges are broken there is also a risk of sharp pieces so please handle with care!
- Plating an item is a delicate and specialist process and does not guarantee a perfect and uniform surface finish every time, as it is liable to variation. In most cases, the imperfections are invisible to the naked eye, when viewing from a normal distance. It is possible for plated items to suffer from imperfections within the base material for example, which do not become apparent until after the plating has been achieved. A.N.D will do everything possible within its power to minimise the likelihood of any imperfections translating through to the plated surface, but will not be liable for any pieces which are unsuccessful. In the event of a piece or pieces being rendered un-useable due to an unsuccessful plating, A.N.D will attempt to work with the 3rd party provider to achieve a successful outcome on behalf of the Buyer. In the event that no solution is found with the 3rd Party Provider, a replacement piece/pieces will be suggested with any replacement costs being born by the Buyer. A discretionary contribution towards this cost may be offered to the Buyer from A.N.D.
- Plated finishes are a surface covering, a little like a skin. Just like skin, plated surfaces can suffer with scratches, cuts, scuffs and dents etc if not treated carefully. If damage like this occurs to a plated surface, it is possible for the plated coating to lift and peel off. In this situation, local, surface repair is impossible. The only solution would be to strip the plating off and re-plate the whole item. In this situation, A.N.D will advise the buyer of the options and associated costs.
Surface Finishes – Painted / Powder Coated
- A powder coated finish is achieved by heating the item to very high temperatures which can result in the metal becoming distorted. Often this distortion will be minimal and invisible to the naked eye. Powder coated finishes can also be variable in terms of their coverage – some powder coatings result in uneven surfaces and thus not suited to all projects.
- Painted finishes have less of an impact on the base metal, as no heat is required. Not all projects are suited to being painted.
- It is the responsibility of the Buyer to seek advice from and to discuss the likely differences between these finishes with A.N.D if desired. A.N.D will inform the Buyer to the best of their ability as to whether a finish is suitable, but will not be held liable if the resulting finish is not what the buyer expected, or is deemed unsuccessful.
Surface Finishes – Custom Patination of 3rd Party Items
- A.N.D offer a custom hand-patination service, where it is possible for items produced by 3rd Party Providers to be patinated to a particular finish. In these circumstances, A.N.D will assess each item on a case-by-case basis as to whether they are suitable for the in-house (standard) patination techniques used.
- If the item is deemed suitable, A.N.D will proceed on the basis that the expectation is for the item to hand-patinate in a standard way.
- There are many reasons why a 3rd party item may not patinate in a standard way, such as for example, an item having been pre-lacquered by the manufacturer. (Lacquered items are intrinsically more difficult to patinate successfully and it may not be possible to tell if an item is pre-lacquered before attempting to apply the hand-patination.) A.N.D will not be held liable for an item’s repair or replacement if the patination is unsuccessful.
- In circumstances where 3rd Party items are required to be disassembled to achieve the hand-patinated finish, it is the responsibility of the buyer to supply only the relevant, fully disassembled components to A.N.D. In the situation where a complete item is supplied to A.N.D, and the buyer requests that A.N.D should carry out the disassembly, A.N.D reserve the right to refuse this process. In the event that A.N.D do carry out any disassembly A.N.D will not be held liable for any damage that occurs or for any repair or replacement. It is the responsibility of the buyer to ensure that any warranties which may apply to the item are not invalidated by the works carried out in this process. In the event that the warranty is affected by this work, the responsibility falls on the Buyer to inform A.N.D in a timely fashion if the disassembly or patination work should not go ahead.
Using A.N.D Creations
- It is the responsibility of the Buyer to look on the A.N.D website (www.andrewnebbettdesigns.co.uk) for detailed care instructions for the specific item/s that are commissioned. If specific care instructions cannot be found here, the Buyer must contact A.N.D to request further information.
- Unless expressly mentioned by A.N.D, all goods are intended for indoor use only. Any usage of any goods outside will render any warranty null and void.
Patents/Copyrights/Design Registrations etc.
- To the best of A.N.D’s knowledge, designs and/or item/s sold to the Buyer will be free of any patents, trade marks, registered designs or copyrights of any third party, but A.N.D will not be liable to the Buyer in respect of any such infringement. In the event that a specific design is presented to A.N.D by the Buyer as the solution which must be produced, and where it is subsequently deemed this design infringes the patent or copyright of a third party, the liability will be borne in full by the Buyer and any legal action against AND will be the subject of an indemnity by the buyer to take full responsibility for the legal actions. It is the responsibility of the Buyer to ensure any designs are free of any infringements prior to contract with A.N.D. In the event that a design is deemed to belong to a third-party, A.N.D reserves the right to cancel the project unless written permission is received from the Buyer proving the right to proceed.
- Upon agreeing to proceed with a quotation from A.N.D, as mentioned above, a deposit of 50% is required to place the commissioned project in A.N.D’s production schedule. Title to the goods on the invoice shall remain vested in A.N.D and shall not pass to the Buyer as named on the invoice until the total purchase price for the goods (including any delivery and/or installation fees where applicable) on the invoice has been paid in full and received by A.N.D.
- In the event of a change in circumstances / insolvency of the Buyer, and the goods are still within the possession of A.N.D, A.N.D where reasonably able, will attempt to achieve a satisfactory outcome for both A.N.D and the Buyer. Where a satisfactory outcome is deemed impossible, A.N.D will then re-sell or re-purpose the goods as it chooses. At this stage, the Buyer will have no claim to the goods then or in the future and title remains with A.N.D.
- Any design work carried out by A.N.D for the Buyer as part of the initial design and specification process, is and will remain the property of A.N.D and shall not be forwarded or used by any 3rd party, unless express authorisation has been provided by A.N.D in writing. This pertains to a choice of initial designs presented by A.N.D to the Buyer, of which one final design, (or combination of designs) was chosen and created. All designs, whether rejected or chosen are the property of A.N.D.
- Any samples provided to the Buyer by A.N.D remain the property of A.N.D
- Upon receiving the purchased item/s from A.N.D, the Buyer understands that the payment made to A.N.D relates to the time itself and does not include any rights to reproduce the item, or variations of the item outside of further commissions through A.N.D. Any attempt to re-create any of the designs owned by A.N.D as stated above by 3rd parties may be pursued in a court of law.
- Any items created by A.N.D will be photographed during production and upon completion whilst in A.N.D’s possession and/or within property owned by A.N.D and/or A.N.D Partners. Photos taken during this time will be owned by A.N.D and A.N.D reserves the right to use these photos in any way for, but not limited to, marketing and advertising purposes, illustration purposes when describing similar items to past, current or future clients and may display them publicly on the A.N.D website or partner websites.
Ownership of goods on loan or partially-paid-for goods
- Until title to the goods passes to the Buyer (or the goods are returned to A.N.D,) and in the rare situation that item/s have been received by the Buyer without making payment in full, A.N.D shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of the goods.
- A.N.D and its agents and employees shall be entitled, at any time and without the need to give notice, to enter any property upon which the goods on the invoice or any part there of are stored, or upon which A.N.D reasonably believes them to be kept.
- The Buyer shall identify the goods on the invoice as being the property of A.N.D and shall store the goods on the invoice in a manner reasonably satisfactory to A.N.D, indicating that title to the goods remains vested in A.N.D.
- The Buyer shall insure the goods on the invoice to their full replacement value, and arrange for A.N.D to be noted on the insurance policy as the loss payee. Irrespective of whether title to the goods on the invoice remains vested in A.N.D, risk in the goods on the invoice shall pass to the Buyer upon receiving the goods (upon delivery or collection).
Working With A.N.D – Split-Process Projects
- When projects require involvement from the Buyer or the Buyer’s representative part-way through the production process, for example if components or pieces must be cut to length on site, it is assumed that the pieces are returned to A.N.D in exactly the same excellent condition as they were received by the Buyer. A.N.D reserves the right to reject components or pieces which do not meet these conditions upon their return to A.N.D. In this situation, A.N.D will discuss the options with the buyer, but will not be liable for any re-finishing, repair or replacement costs associated with the rejected items. Any additional refinishing, repair or replacement costs will be born by the Buyer unless it is agreed that those items are no longer required. It will be at the discretion of A.N.D as to whether any contribution to this process is offered.
- When a project is commissioned, through acceptance of a quotation (which is denoted by payment of the initial deposit as referred to above), the project will then progress through A.N.D’s production process. This process often involves sign-off by the Buyer at one or more milestones, which will often (but not always) be pre-agreed. A.N.D reserves the right to refuse sign off from any person other than the Buyer, as named on the invoice. (It is at the discretion of A.N.D to accept instruction, sign-off or other from anyone nominated by the buyer.)
- In most cases where a Buyer has commissioned a project through A.N.D, photos will be supplied on completion or at specific milestones during the project.
- Sign-off of a project is accepted by email correspondence upon receiving final/milestone photos. In the event that sign off has not been received by A.N.D and the items are delivered to the Buyer, on the Buyer’s instruction, it is assumed that the items are signed off and accepted once the items have been in the possession (post delivery) of the Buyer for a period of 24 hours.
- From sign-off (24 hours post delivery) the Buyer shall not be entitled to reject goods which the Buyer deems not in accordance with the final contract of sale (final written quotation).
- All commissioned and bespoke-made goods are inadmissible from any refund requests unless they are faulty or not according to the written sales contract (quotation).
- If goods are deemed to be faulty or not as commissioned according to the sales contract (quotation) A.N.D will rectify the problem or offer a refund (in full or proportionate to the fault will be at the discretion of A.N.D) to the Buyer.
- The Buyer must notify A.N.D in writing within a period of 24 hours after the item/s have been delivered of any problems or issues. Failure to do so will render the Buyer liable to any surcharges applicable to rectify any issue.
Experimental / Unpredictable Processes
- Some projects and designs require production processes which can be unpredictable in respect of how material will react and/or perform. In these situations, A.N.D will inform the Buyer and will discuss the possible outcomes. If the Buyer chooses to proceed with a process which is considered to be unpredictable, A.N.D cannot guarantee the results.
- In the event that pieces are deemed unsuccessful and unusable as a result of this process, the buyer will be informed. A.N.D will not be held liable for the repair or replacement of the unsuccessful pieces, but will evaluate the possibility of a discretionary contribution if applicable.
- For items being commissioned on a supply-only basis, this means the Buyer takes full responsibly for the provision of any required measurements and installation of the item/s.
- A.N.D will not be held liable for any inaccurate measurements on the part of the Buyer.
- It is the responsibility of the Buyer to ensure that the structures onto which pieces made by A.N.D will be installed are suitable for the item’s weight, use and fixing.
- A.N.D will not be held liable for any damage caused to an item through installation by the Buyer or the buyer’s nominated installer.
- It is the responsibility of the Buyer to discuss any specific considerations with respect to installation with A.N.D prior to acceptance of a quotation. A.N.D will not be held liable for any necessary changes which transpire to be required relating to installation when a project is in production.
- Where applicable, the Buyer should expect to receive pre-production questions from A.N.D pertaining to certain measurements or relevant factors, when a supply-only commission is placed. It is the Buyer’s responsibility to respond to these questions in a timely fashion, as delay in doing so may affect lead-times.
- A.N.D invites the Buyer to indicate the desired completion date of the item/s being enquired about.
- In circumstances where completion dates are definitely not going to be possible, A.N.D will, under normal operating conditions notify the client prior to an order being accepted.
- A.N.D will do everything reasonably within its power to work to timescales requested which have been estimated and agreed ‘in theory’ by A.N.D, but will not be held responsible or liable for any compensation in the event that estimated completion dates are not achieved.
Delivery / Collection
- Under normal circumstances, quotations will be supplied for bespoke items which exclude delivery/shipping.
- It is the responsibility of the Buyer to request a delivery/shipping quotation from A.N.D if collection is not intended.
- If the Buyer prefers to arrange collection themselves, it is the responsibility of the Buyer to request a suitable date and time for this to happen from A.N.D.
- Collection is by prior written arrangement to A.N.D only and anyone arriving without prior warning may be refused entry. Collection is only possible once any outstanding balance payment has cleared in full.
- If an item is being collected, it is the responsibility of the Buyer to ensure a suitable delivery service and delivery vehicle is arranged for the type of item being collected, and the Buyer has their own insurance in place. A.N.D will not be held responsible for any damage occurring to an item being collected from A.N.D’s premises when the Buyer chooses this option.
- A.N.D reserves the right to refuse collection of an item/s if the delivery driver or the delivery vehicle are deemed inappropriate, and insufficient care over the item is anticipated by A.N.D.
- In the event that damage is sustained to property belonging to A.N.D, caused by the person/persons carrying out the collection of an item by the Buyer or the Buyer’s representative, repair, replacement and/or compensation may be sought at the discretion of A.N.D.
- Where domestic delivery services have been requested and accepted by the buyer (through payment of the quoted delivery charge), it is the responsibility of the buyer to make all necessary arrangements to take delivery at the agreed address (the delivery address as stated on the invoice) on the agreed date and within the agreed time window. Failure on the part of the Buyer to do so, may result in a delivery surcharge or a full re-delivery charge if the item/s cannot be delivered.
- It is the responsibility of the Buyer to ensure safe and clear access to the delivery address is provided. If conditions are unsuitable or unsafe, A.N.D and/or its nominated courier/driver reserve the right to refuse delivery and further delivery/storage charges may be applicable.
- It is the responsibility of the Buyer to ensure sufficient man-power is available to A.N.D and/or its nominated courier/driver in the event that the item/s cannot be safely manoeuvred by one person alone. In the event that sufficient assistance is not provided, A.N.D reserves the right the refuse delivery. In this instance further charges may be applicable.
- For all delivery/shipping requests, the quotation provided allows for the transportation of the item/s to the front-door of the delivery address. It is the responsibility of the Buyer to ensure sufficient people are available to position the item/s from there. If this is not possible, it is the responsibility of the Buyer to notify A.N.D (prior to the delivery day) and to request an additional quotation (applicable only to domestic delivery) for the man-handling of the item/s within the property to a location which is reasonably achievable. A.N.D and/or its nominated courier/drivers shall reserve the right the refuse further repositioning of the item/s within the property if deemed unsafe or unsuitable, resulting in either damage to the item/s, property or damage to their health.
- For all non-domestic shipments, A.N.D will suggest the use of 3rd Party Shippers. In these circumstances the normal procedure will be for A.N.D to introduce the Buyer to a Shipping Company and for full arrangements to be made direct between the Buyer & the Shipper. A.N.D will liaise with the Shipper on behalf of the Buyer to supply the necessary information pertaining to the items being shipped, but the contract will, under normal circumstances, be between the Buyer & the Shippers directly.
- For any non-domestic shipments, A.N.D will not be liable for any import or export regulations, embargoes or import duties due. A.N.D accepts no responsibility for any issues which arise during the shipment process once the goods have been physically collected from A.N.D premises.
- In the event that the Buyer requests a further delivery quotation as suggested in point 11 above, A.N.D will do everything possible to keep to the agreed delivery schedule, but if the additional man-power cannot be sought in time, delays may arise.
- A.N.D does not guarantee any delivery timescales and will not be liable for failure in these being achieved (delay or advancement). Delivery dates and times are estimates and best-intentions. For collections, A.N.D advises the Buyer to refrain from organisation of collections until written agreement has been received from A.N.D as to the date and time offered.
Assembly & Installation Services
- This applies to any free-standing item/s which would normally be disassembled for delivery transportation, ensuring the item remains safe and un-damaged and is being delivered by a member of the A.N.D team.
- A.N.D offers an assembly service, carried out by members of the A.N.D Team, which is normally a payable service, but at the discretion of A.N.D and depending on the item, complexity of assembly and the item’s destination location may subsidise or assume this charge.
- It is the responsibility of the Buyer to indicate if this service is of interest to A.N.D so a quotation (if applicable) may be prepared ahead of the scheduled delivery day.
- In the event that the request for this service is given to A.N.D too close to / on the scheduled delivery day, if time nor man-power can provide this service on the pre-scheduled delivery date, delivery may be delayed or postponed. In this case, further delivery charges may apply. A.N.D will not be liable for any loss, delay or inconvenience caused to the Buyer in this event.
- In the event that an assembly service is chosen, full payment of this service (if applicable) must also be made and cleared (along with any balance payments due for the item/s and/or delivery charge) to A.N.D prior to the delivery day.
- Any assembly services are subject to the following requirements:
- there must be adequate space for A.N.D team members to provide the assembly service within the Buyer’s property.
- all relevant areas of the Buyer’s property are clean and clear of any obstructions (including wall decorations such as pictures / mirrors) which may hinder or prevent the assembly of the A.N.D item/s.
- there is sufficient space to carry and position the largest component part of the unassembled item/s through the Buyer’s property and its entrance, to the chosen location.
- Parking is available at the delivery address. In the event that parking permits are required, any charges incurred by A.N.D will be born by the Buyer, ahead of the delivery date. Any parking enforcement fines incurred by A.N.D as a result of the Buyer failing to pre-purchase a permit will be paid for by the Buyer.
- the Buyer accepts that some disruption will be inevitable whilst the A.N.D team are onsite, carrying out the Assembly Service. A.N.D aim to keep any disruption to a minimum, but A.N.D will not be liable for any inconvenience and/or loss of business caused.
- Upon completion of an assembly service, A.N.D Team members will take photos for quality purposes and the Buyer will be asked to sign a form, confirming that the item/s have been received and assembled as agreed in relation to the original sales order and to their reasonable satisfaction. This information shall be retained by A.N.D and shall be used in the event of any dispute or claim.
- For any items which require installation or assembly and installation of some sort (attaching (by screwing, bolting, bonding etc) to fixed items within the property), it is the responsibility of the Buyer to request an installation quotation from A.N.D if desired.
- A.N.D assesses each installation request on a per-project basis and reserves the right to decline for any reason.
- In the event that A.N.D deems the project suitable for its installation service, A.N.D will provide a specific quotation, which must be approved and paid for in full prior to collection/delivery and/or installation.
- A.N.D shall not be liable to the Buyer whatsoever for any indirect loss and/or expense or inconvenience experienced by the Buyer arising from the delay in completing the installation for what ever reason by the installation date.
- In the event that any damaged components are discovered by A.N.D Team members during either Installation and/or Assembly, as a result of transportation or events within A.N.D’s control, the A.N.D Team onsite will discuss the situation with the Buyer, with a solution being offered by A.N.D. In this event, no additional charge will be born by the Buyer, but no liability will be held by A.N.D in respect of any loss of business or inconvenience caused to the Buyer.
- If an installation or an installation and assembly service is chosen by the Buyer, it is the responsibility of the Buyer to ensure the site is ready (all preparatory works must be completed), clean and clear (free from any obstructions at the site of the installation/assembly (and surrounding area providing sufficient space to assemble any component parts) and the route between the delivery vehicle and the site) on the agreed date and time for the A.N.D team to begin their work. If the site is not ready, clean or clear, to any degree, this may impact the amount of work achievable within the agreed timeframe for the installation / assembly & installation by the A.N.D team. In this instance, A.N.D reserves the right to either refuse the works agreed, or to charge extra for any additional time required to complete the works. In the instance where the A.N.D team refuse to carry out the works due to the site not being ready, the Buyer, at the discretion of A.N.D may be liable to pay a cancellation fee and/or rescheduling fee.
Changing Your Mind
- The Buyer has a legal right to change their mind without giving a reason and cancel the contract between them and A.N.D within 14 days of delivery of a standard ‘Ready-to-Go’ item, which has been purchased entirely online through the A.N.D website and has been produced to the exact specifications as described on the A.N.D website. This right is brought about through The Consumer Contracts Regulations 2013.
- If the Buyer has accepted a bespoke project quotation, and made payment of the initial deposit to place the project in the production schedule, but then changes their mind the following refund schedule applies:
- the deposit is non-refundable whatsoever, unless at the discretion of A.N.D
- cancellation after the project has been completed and is deemed ready for dispatch will result in no entitlement to any refund whatsoever and the full remaining balance amount will be due.
- A.N.D does not accept returns of any tailor-made or bespoke commissioned works.
- Any cancellation requests must be submitted in writing to firstname.lastname@example.org .
External Factors/Force Majeure
- A.N.D will not be held liable or responsible for any failure or delay to carry out any obligations within the bounds of the Sales Contract that is caused by events outside our reasonable control including fire, flood, severe weather, explosions, war (declared or not), acts of god, acts of terrorism or acts of local or central Government (or similar) provided that A.N.D will take reasonable steps to prevent or minimise the failure or delay.
Warranties & Liabilities
- Warranty on item/s produced by A.N.D is not valid until full and final payment has been received.
- Warranty does not include any serviceable items such as, but not limited to; door and drawer adjustment, electrics in every respect, environmental effects such as overly heated rooms (above 21 degrees), inappropriate use, such as a dining tables designed for indoor use being used and stored outside.
- Subject to the conditions below, A.N.D warrants that the goods will correspond with the written quotation at the time of delivery and will be supplied free from defects in material and workmanship within the bounds of these terms & conditions.
- Warranty is given by A.N.D subject to the following conditions:
- A.N.D shall not be liable for the above warranty if the total price for the goods has not been paid by the Buyer by the due date for payment as outlined on the payment schedule and/or individual invoices.
- The above warranty does not include any component parts, materials or services provided by a 3rd Party. This may include, but is not limited to; elements such as fixings (screws, bolts, adhesives etc), materials which are chosen on the merits of their advertised intrinsic properties (such as Tricoya MDF for example), mechanical components (such as hinges, runners, clips, joints etc), specialist services (such as plating services, engravings, polishing etc.) In respect of these 3rd party elements, the Buyer shall only be entitled to the benefit of any such warranty or guarantee which is given by the 3rd Party to A.N.D.
- The warranty is completely and irreversibly invalidated if the Buyer mis-treats the goods. This includes circumstances where the Buyer does not care for the goods in the appropriate manner, according with the Care Instructions, as mentioned within these Terms & Conditions. This also includes the ill-treatment of pieces during/after the installation process, (for example, after installation please be very careful to remove any builders dust/ particles using a feather duster to flick it away. The dust is very abrasive and has the potential to damage the surface by scratching it and also if left on the surface could react with the surface created. After flicking the dust away, the surface should be wiped with a very slightly damp, clean cloth and cleaned in the manner advised within the care guidelines available. Another illustration would be if A.N.D has supplied a rolling library ladder solution or just the hardware – it should be noted that A.N.D will not be held responsible for either accidents or damage occurring from a person riding on the rolling ladder. The ladder solution/ladder hardware is not designed to be ridden on by a person at any time. The rolling systems are designed only to manoeuvre the ladder.).
- If A.N.D, at the request of the Buyer, has entered into a contract (sub-contract) with any other person, company or firm specified by the Buyer to undertake any work which directly or indirectly concerns the goods being produced in the contract of sale between A.N.D and the Buyer, the Buyer agrees that A.N.D will not be liable for any matter arising out of the sub-contract and the Buyer expressly agrees that no action or proceedings can be made against A.N.D in this respect.
- A.N.D does not take any responsibility whatsoever for assembly/installation carried out by the Buyer or the Buyer’s representative.
- On occasion, A.N.D may provide information to the Buyer with respect to intended installation techniques or choices in what is considered a ‘dry-fit’ or ‘pre-installation’ discussion/process. In the event that installation services are not provided by A.N.D, any information previously provided by A.N.D in this respect and used by the Buyer for installation purposes will not be covered under any warranty as it is the responsibility of the Buyer to generate their own installation specification. No responsibility will be accepted by A.N.D from any issues arising from this scenario.
- A.N.D does not accept any liability in the case where A.N.D is not the Principle Designer and/or Principle Contractor. In this case, it is considered A.N.D is a Sub-Contractor working to the specification & design dictated by the Principle Designer and/or Principle Contractor who may be the Buyer or the Buyer’s representatives.
- It is the responsibility of the Buyer to make the A.N.D Team, carrying out any installation services, aware of any electrical or plumbing courses within the building, including within the building’s structure (i.e. walls, floors, ceilings, fixed furniture). Failure to do so may result in the postponement and /or cancellation and/or rejection of the installation services agreed. In this instance, further charges may apply and/or the right to a refund for installation services may be forfeited.
- If during installation of the goods, carried out by A.N.D or its representative/s and damage occurs which is the direct result of actions of A.N.D’s team, and where full information of the locations of the items in point 5 above were disclosed to A.N.D, the following will apply;
- Gas leak – the Buyer must contact British Gas directly,
- Water leak – A.N.D shall organise repair, to a limit of £250.
- Damage occurs to property (free-standing or fixed items) belonging to the Buyer – A.N.D shall organise repair, to a limit of £250.
- A.N.D accepts no responsibility whatsoever for any deliveries/shipments where a 3rd party shipper/courier is engaged by A.N.D on behalf of the Buyer or by the Buyer directly. This clause comes into effect at the moment the item/s are physically moved by the driver/shipper from A.N.D premises to the delivery/shipping vehicle.
A.N.D offers no warranties of any kind, express or implied, for any and all products and/or services that A.N.D supplies. A.N.D will not be held responsible for any and all damages resulting from products and/or services it supplies. A.N.D is not responsible for any loss, damage or consequential damage of property or persons, inconvenience caused or loss of business through whatever causes. While A.N.D takes reasonable steps to investigate the materials, processes, constructions, designs and finishes A.N.D recommends, A.N.D accepts no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The Buyer agrees not to hold A.N.D responsible for any such loss or damage. A.N.D reserves the right to use the services of sub-contractors, agents and suppliers and any work, materials, processes and/or services and usage is bound by their Terms and Conditions. A.N.D will not knowingly perform any actions to invalidated these 3rd party terms and conditions, and the client also agrees to be so bound.