Terms & Conditions of Sale

Pre-amble

• a.Any reference to the word “Consultant” shall mean the “Design and/or Sales Consultant” who assisted the Client with the design and prepared the quotation.
• b.Any reference to the word “Client” shall mean the person signing the terms and conditions of this agreement.
• c.Any reference in this agreement to Kitchen Master Management or Kitchen Master or Management will refer to the specific legal entity where the Client were quoted and where the Client signed the agreement.

1. Design & Measurements

• 1.1The Client's acceptance of any and all quotations confirms that the design/s & order/s was / were done in accordance with the requirements and Client's brief and specifications.
• 1.2The Client confirms that the plan and design was reviewed in detail with the Consultant.
• 1.3The Client is required to initial the design perspectives and floor plan/s which will confirm approval and sign-off.
• 1.4Kitchen Master reserves the right to amend any quotation based on final measurement.

2. Material & Finishes

• 2.1The Client confirms that the finishes, patterns, profiles, styles and other material are correctly specified on the quotation and as seen in the showroom and that the different material has been explained.
• 2.2The Client acknowledges that products ordered in terms of this agreement are “special order goods” as set out in sections 17 and 20 of the Consumer Protection Act No. 68 of 2008 (“CPA”).
• 2.3The Client acknowledges that Kitchen Master will not accept changes from what have been quoted once quotations are accepted.
• 2.4Granite and solid wood / semi-solid wood products are natural materials and can differ from samples seen in the showroom. Care will however be taken to ensure such differences are minimal.
• 2.5It is the Client's responsibility to ensure the detailed quotation includes all extra accessories required. Should anything be required afterwards, an additional quotation will be issued. The additional quotation will constitute a separate agreement.

3. Installations

• 3.1Kitchen Master will allocate an independent installer on the Client's behalf and part of their service to the Client would be to manage the installation and ensure that the installation is done in line with industry and Kitchen Master showroom standards. Kitchen Master will also be collecting the installation fee from the Client on behalf of the installer and this will be paid over to the installer once the Client is satisfied and has signed off the installation process. This installation fee is shown separately on the Client's quote and invoice as a collection and does not attract VAT. Kitchen Master will also request the independent installer, as legislated in the CPA, to wear a Kitchen Master uniform on the days that they install for the Client.
• 3.2The Client should direct all communication regarding the installation directly to the Consultant and must not make any arrangements directly with the Installer. Kitchen Master will not be accountable for arrangements and agreements made directly with an Installer.
• 3.3It is the Client's responsibility to ensure that the installation site is ready for installation as agreed with the Consultant. A call-out fee of R650 (Six Hundred and Fifty Rand), VAT exclusive, will be charged in the event the site is not ready on the arrival of the Installer.
• 3.4In the event that Kitchen Master is not able to commence or continue with an installation due to a power failure for any reason whatsoever, the cost of hiring a generator will be for the Client's account.
• 3.5Site readiness: At installation, if Kitchen Master finds that the structure is defective or does not conform to modern day standards, they reserve the right to suspend the installation until such time as the site is made ready by the Client, or alternatively amend the quotation to allow for the installation to accommodate such defects, if the defect was not noticeable at time of quoting.
• 3.6In the event of an installation being delayed as a result of a site not being ready, the installation will be re-scheduled according to the next available slot.
• 3.7Duration period of the installation cannot be determined, estimated or confirmed prior to the installation commencing. Installation periods are dependent on the complexity of the installation, type of material and pace of the Installer.
• 3.8Installation dates given are estimates. Although Kitchen Master will take all measures to adhere to the dates provided, dates are dependent on (1) timeous delivery of material; (2) availability of Installers on date of installation and (3) availability of material — all of which are not in the direct control of Kitchen Master.
• 3.9Kitchen Master will not be held responsible for costs involved with third party agreements such as tilers, electricians and plumbers as a result of extended installation periods or a delay in installation start dates.
• 3.10The Client will not have the right to impose penalties of any sort against Kitchen Master as a result of any delays that may occur.
• 3.11Installation dates can only be given 5 working days after acceptance of the quote or final measurement of the site. Installation dates are determined once orders have been placed with suppliers and lead times have been provided.
• 3.12Installation of Granite & Reconstituted Granite Products is sub-contracted to an independent installer. Such products need to be measured on site once carcasses have been installed. Installation of Granite & Reconstituted Granite Products is also dependent on the availability of material and it is anticipated to commence 1–3 working days after installation of carcasses. Installation dates to be confirmed 1–2 days before installation thereof. Kitchen Master reserves the right to amend any Granite & Reconstituted Granite Products quotation based on final measurement.
• 3.13In the event of the Client providing items such as hobs and sinks, these need to be on site on the day worktops are scheduled to be measured and installed. A service fee of R650 (Six Hundred and Fifty Rand), VAT exclusive, will be charged should an Installer need to return to a site to fit these or to make cut-outs.
• 3.14 The Client confirms that the following Supplier lead times for delivery have been discussed and accepted. These should be used as a guideline:
  • 3.14.1All Melamine / PVC Foil & Acrylic material: 5–8 weeks;
  • 3.14.2Solid and semi-solid material: 6–10 weeks.
• 3.15The Client is to hand a detailed fault / snag list to the Consultant within 7 days after initial installation is completed.
• 3.16The Client is to take extreme care in completing this list as a second list will not be accepted. It is recommended that the Consultant compile the fault list together with the Client.
• 3.17Kitchen Master will under no circumstances be liable for any measurements not taken by itself and not specified on the design layout plan.
• 3.18Any request by the Client, or another agent of the Client, to any of Kitchen Master staff or installers to do any other work than what has been contracted with Kitchen Master will be done at the risk of the person who requested same.

4. Payment Terms & Discounts Granted

• 4.1 The Client agrees to and accepts the following payment terms:
  • 4.1.160% payment of total sale value on acceptance of quotation. No ordering can be done without receipt of the 60% payment;
  • 4.1.240% payment of total sale value before installation commences. Products will not be released for installation without valid proof of such payment. Payment by electronic transfer needs to be done at least 2 working days in advance in order to ensure confirmation, failing which the installation will be postponed.
• 4.2By paying the deposit the Client acknowledges that s/he has read and accepts the terms and conditions of this agreement.
• 4.3In the event that the Client has to postpone the initial installation date for a period of 30 days or longer, for whatever reason, the Client agrees to pay all material, excluding products that can only be ordered once the cupboards are installed, in full. Products that can only be ordered once the cupboards are installed and installation costs will be re-quoted at the time of installation. The new quotation, if applicable, will be subject to the same terms and conditions as this agreement. Kitchen Master reserves the right to charge storage fees pro rata to the space that is occupied by the products.
• 4.4No deviation from the payment terms will be accommodated.
• 4.5All deposits and payments are non-refundable.
• 4.6This agreement is subject to the Client paying all amounts reflected in this agreement.
• 4.7Any discounts granted on the project value will be deducted from the final payment outstanding on the project.
• 4.8The Client will forfeit any and all discounts initially allowed and agreed to should the Client not meet any of the payment requirements as stipulated in this paragraph.
• 4.9The Client shall pay all amounts due in terms of this agreement and in accordance with this paragraph 4 without deducting anything from the amounts payable for any reason whatsoever.
• 4.10 The Client will be seen to have breached this agreement if the Client:
  • 4.10.1does not pay on time any money that is due in terms of this agreement;
  • 4.10.2is provisionally or finally sequestrated, liquidated or placed under judicial management;
  • 4.10.3has a court judgement which he does not pay within seven (7) days.
• 4.11The Client waives the following legal benefits as reasons for non-payment: no cause of debt, no value received, revision of accounts and technical understanding of bill of quantities and specification of material quoted. The waiver of these benefits does not prevent the Client from using them as a defence but it means that the Client and not Kitchen Master will have the duty to prove these defences.

5. Other Work

• 5.1Kitchen Master is not in a position to recommend or refer any Contractor for electrical, turn-key, plumbing or similar services.

6. Plumbing & Electrical Points

• 6.1It is the Client's responsibility to ensure that water pipes, plumbing points, electrical cables and electrical points are well pointed out during the measurement and on the day of installation.
• 6.2Kitchen Master and any of its staff or sub-contractors will not be held responsible for any damage caused by drilling into water supply piping and/or electrical circuit/wiring that are inside the walls during the installation process.

7. Warranty

• 7.1All material and components supplied by Kitchen Master are of a first-grade quality and components manufactured by Kitchen Master are guaranteed against defect for 2 years effective from date of commencement of installation.
• 7.2All material and components supplied to Kitchen Master are excluded from the Kitchen Master Warranty as they are warranted by the Supplier.
• 7.3The warranty does not cover water damage or misuse or overloading of units.
• 7.4The Client is requested to familiarize himself/herself with the warranties and guarantees of appliance and small appliance suppliers as Kitchen Master is just a third party in the sale of these products and the actual manufacturer and/or supplier carries the warranty and guarantees on these products.

8. Ownership

• 8.1All risks in the products forming the subject matter in this agreement transfer to the Client on collection / delivery on site.
• 8.2Notwithstanding delivery to a Client, Kitchen Master remains the owner of the products until all monies have been paid in full.
• 8.3The Client agrees that the products remain movable and removable and do not accede to the property and agrees that Kitchen Master may at any time remove any and all products should the Client be in breach of paragraph 4 of this agreement.

9. General

• 9.1 Kitchen Master may, in their sole discretion, suspend deliveries or cancel this agreement in whole or in part, if:
  • 9.1.1The Client commits a breach of any of the terms or conditions of this agreement; or
  • 9.1.2The Client, being an individual, dies or is provisionally or finally sequestrated or surrenders his estate; or
  • 9.1.3The Client being a Company or a Close Corporation or a Trust is placed under provisional or final liquidation; or
  • 9.1.4The Client attempts to compromise generally with his/her creditors; or
  • 9.1.5The Client limits or fails to provide reasonable access to the installation site; or
  • 9.1.6Kitchen Master is prevented in whole or in part from performing its obligations under this agreement whether by reason of an Act of God, War, force majeure, Government control, storm, fire, tempest, strikes, lockouts, riots, civil commotion, inevitable accident or any other circumstances.
• 9.2Should the Client breach this agreement, Kitchen Master will be entitled in their sole discretion to institute legal action against the Client in the Magistrate's Court with jurisdiction, and the Client hereby consents to the jurisdiction of the Magistrates Court in terms of Section 45 of Act 32 of 1944 as amended.
• 9.3In the event of legal action being instituted by Kitchen Master against the Client, the Client shall be liable to pay the legal costs incurred by Kitchen Master on the scale as between attorney and own client, collection commission, tracing costs and all other ancillary charges or expenses relating to such action as provided for in the Magistrates' Court Act 1944, the Debt Collectors' Act 1998, Attorneys' Act 1979 and other laws that regulate collection of costs, whichever is applicable to the enforcement of this agreement.
• 9.4A certificate issued under the hand of a manager or director of Kitchen Master, whose appointment and authority it will not be necessary to prove, will be on the face of it (prima facie) evidence of the amount due by the Client to Kitchen Master and the interest rate applicable to any amount owing by the Client.
• 9.5This agreement together with the annexures annexed hereto constitutes the whole agreement between Kitchen Master and the Client and no agreements, representations, additions, warranties, undertakings shall be of any force or effect unless it is reduced to writing and signed by Kitchen Master and the Client. No indulgence whatsoever of any nature extended by Kitchen Master to the Client will constitute a waiver or a novation by Kitchen Master of any of its rights under this agreement.
• 9.6Kitchen Master is entitled, without notice to the Client, to cede any of its rights or obligations in terms of this agreement to any third party.
• 9.7Any advice given by Kitchen Master will not be expert advice and they will not be liable in respect thereof.

10. Data Protection

• 10.1 In performing their obligations under the service agreement, Kitchen Master shall:
  • 10.1.1comply with the provisions of the prevailing privacy and data protection legislation governing the collection, use and processing of Personal Information as defined in the relevant legislation;
  • 10.1.2not disclose or otherwise make available the Personal Information to any third party other than authorized staff or suppliers who require access to such Personal Information strictly in order for Kitchen Master to carry out its obligations pursuant to this agreement, and to ensure that such staff and any other persons that have access to the Personal Information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to the Personal Information;
  • 10.1.3take appropriate, reasonable technical and organizational measures to ensure that the integrity and confidentiality of the Personal Information in its possession or under its control is secure and that such Personal Information is protected against accidental loss, destruction, damage, unlawful access or processing.
• 10.2 By accepting this agreement, the Client hereby consents that Kitchen Master may, to the extent permitted by law, receive or disclose the Client's personal information from or to:
  • 10.2.1any law enforcement agencies that require the information for the prevention or investigation of criminal activities;
  • 10.2.2any of Kitchen Master's shareholders, affiliated entities, suppliers, agents, professional advisors for marketing and/or statistical purposes, subject to your right to restrict receipt of unwanted marketing material or other rights in terms of the Consumer Protection Act, 2008;
  • 10.2.3any of Kitchen Master's shareholders, affiliated entities, suppliers, agents, professional advisors for reporting, accounting, product supply and service and/or auditing purposes.
• 10.3The Client hereby indemnifies and holds harmless Kitchen Master, its affiliates, their respective staff, successors, cessionaries and assigns, from any and all losses, costs, expenses and damage, including consequential losses and damage as well as penalties and fines arising from Kitchen Master's non-compliance with the provisions of this clause including any relevant data protection legislation.

11. Acknowledgement

• 11.1Kitchen Master states that this agreement is compliant with the provisions of the CPA. In the event that any clause in this agreement is found to contravene the CPA, then such clause shall be severed from the agreement and it will not render the whole agreement invalid.