Terms & Conditions
TERMS AND CONDITIONS
1.1 Seller means the KES Group Inc Ltd registered in Northern Ireland under number NI627234.
1.2 “You” means the customer or any other person acting on your behalf who places an order for goods and /or services.
1.3 “Goods” means goods to be supplied under these terms and conditions.
1.4 “Services” means the services to be supplied under these terms and conditions.
1.5 “Special Conditions” means conditions relating to Goods or Services supplied which are noted within quotation or by subsequent written agreement.
1.6 “Party” means either you or us; “Parties” means us and you.
1.7 “Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
1.8 “Writing” means letter, email or text message or fax.
2.1 The contract for the supply of goods and/or services (“Contract”) will be formed when we accept your order or when quotation is signed by both parties.
2.2 By placing an order, or accepting our quotation for any goods, our contract is in the terms set out below.
2.3 KES Group terms and conditions supersede any previous or subsequent terms and conditions unless specifically agreed in writing and signed by both parties.
2.4 Legal ownership of any goods will not pass to you until full payment has been received by the KES Group Inc Ltd and funds cleared.
2.5 We retain the right to receive settlement of any outstanding funds in full before transfer of ownership of goods or that you grant the KES Group Inc Ltd unrestricted access to reclaim the goods.
2.6 Any error or omission in any web page, order form, sales literature, price list, invoice or other document issued by us may be corrected by us without liability.
2.7 When submitting materials or products for approval the information provided is obtained from product or supplier literature and has not been verified for accuracy. As such KES Group make no guarantee, warranty, or representation about them.
2.8 When either materials or products are approved for us by the customer this approval relieves the KES Group of its responsibility on matching previously provided specifications.
2.9 The Seller reserves the discretionary right to change the specification (without detracting from the performance or quality) of the Goods ordered.
2.10 The Seller reserves the right to cancel order within 14 days if it is found that the project cannot be delivered due to either transport or delivery and installation not being possible.
2.11 Subject to any Special Conditions, the provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from the Contract so that no third party may claim any rights under this contract.
2.12 Quotations are valid for 7 days unless stated otherwise in writing.
PRICE & PAYMENT
3.1 Prices will be available in (£) Pounds Sterling, and if requested (€) Euro and VAT will be chargeable at the current rate within the appropriate jurisdiction, errors and omission excepted.
3.2 Prices include delivery and installation unless otherwise stated.
3.2 Payments will be in line with the payment terms within quotation or by subsequent written agreement.
3.4 Payments will be in line with payment terms (below) unless expressly stated in quotation or by subsequent written agreement.
- 5% of Contract Value on confirmation of order to allow completion of design pack to include floor plan and elevations. (Building Control and Planning applications and associated drawings are subject to additional costs.)
- 45% of total contract value on issue of final drawings.
- 45% of Contract Value 2 weeks prior to delivery on site.
- 5% of Contract Value prior to delivery to site.
3.5 Non-refundable deposit for goods or services must be made at the time of order.
3.6 No payments shall be deemed to have been received until funds have cleared.
3.7 Any details given by us in relation to exchange rates are approximate only and are subject to variation.
3.8 You will pay all sums due to us under these terms without any set-off, deduction or counterclaim.
3.9 Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for the Goods.
3.10 The risk for damage to the Goods will pass to you upon delivery or uplift.
3.11 If you fail to pay for any Goods in accordance with these conditions, we may bring action against you for the price of the contract at any time.
3.12 Interest may be charged if a payment is late or includes a correction of an earlier payment. Interest will be assessed from the date by which the correct payment should have been made until the date which it is paid. Interest is charged at 2.5 % of the total outstanding per 7 day period or at a rate of £250 per week whichever is greater.
3.13 Any additions or variations to the contract or the original agreement may cause delay to original installation date and incur additional cost, the customer will be notified in writing about these changes as soon as the effects are known.
3.14 The company reserves the right to apply reasonable increases in material costs due to market conditions which may arise during the contract period, this will be discussed with each customer before being applied.
DELIVERY & INSTALLATION
4.1 All delivery dates or lead times stated are given by the KES Group Inc Ltd in good faith. We do not guarantee specific delivery dates or times and cannot be held responsible for delays which are out with our direct control, including (but not limited to) supply chain and third party contracted companies.
4.2 We are not responsible for any delays caused due to incomplete or incorrect information being submitted by The Customer.
4.3 Delay and force majeure. We shall not be liable to you if we are prevented or delayed in the performing of any obligations to you if this is due to any cause beyond our reasonable control including: an act of God, explosion, flood, fire or accident; Diseases or pandemics , war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission.
4.4 We are not liable for any circumstances for special, indirect, or consequential loss or any damages, resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your purchase of Goods or services.
4.5 Except for a claim for personal injury, in any claim against us our liability is limited to the value of the goods you have purchased in the contract that is the subject of the dispute.
4.6 No liability for damage to property or belongings will be accepted if our on-site team are required to access the site through a house or property (commercial or residential), ‘The Customer’ should ensure that all floor coverings are protected, and any breakable objects or valuables have been protected or removed from the area.
4.7 It is the customers responsibility to provide suitable access for delivery and installation and notify us of any concerns, in writing, at the point of order.
4.8 If damage has occurred to the goods during transit, the KES Group Inc Ltd will make good damage free of charge or offer discount. We reserve the right to decline any replacement when damage has been caused by ‘The Customer’ through misuse or neglect.
4.9 The Seller and/or the Carrier are responsible for the building and the insurance of the same up until the delivery, we recommend that you insure the building for at least the purchase price from date of delivery.
4.10 The customer must ensure that a flat, level, and square base, or a purpose designed foundation capable of carrying the weight of building(s), has been provided.
4.11 The customer must ensure that there are appropriate operational services available for electricity, water in and wastewater out and if required gas within the intended footprint of the building.
4.12 The site should be clear of vegetation and overhanging branches or obstructions and have enough unobstructed ac-cess (minimum 1 metre) around the site for the safe installation of the building.
4.13 Customer must ensure that the installer’s crane can be parked as close as possible within an operational radius to the installation site. No liability for damages to surfaces/ hardstanding’s /road finishes will be accepted because of delivery, installation, or commissioning.
4.14 Any additional costs incurred by the KES Group Inc Ltd for the customer not providing requirements of 4.10, 4.11, 4.12 and 4.13 will be chargeable to the customer and will be payable on the final payment date as set out in payment terms.
4.15 We will not accept any return or cancellation of the goods as they are purpose made for the customer.
5.1 Most of the work to be carried out by the KES Group Inc Ltd is in the construction of modular buildings. This work takes place off site within KES Group Inc Ltd manufacturing facilities. Unless expressly stated within a contract or an agreement the KES Group Inc Ltd will not act as a main contractor for the purposes of the CDM regulations (UK) or the Construction Regulations (R.O.I.). Any enabling works required prior to the installation of a KES Group Inc Ltd modular building including foundations and services modifications will be the responsibility of the customer and as such the KES Group Inc Ltd will have no responsibility for these works unless a written agreement has been made between the parties.
5.2 Building Control require some buildings and foundations to be approved prior to installation and completion. Guidance can be given if required for building regularisation application, however, the applications and their approvals are excluded from this contract and the responsibility for obtaining all statutory approvals remain the responsibility of the customer or their agents.
5.3 All intellectual property in the Goods and Services (including, without limitation, any information, documentation and/or materials produced in connection with the Goods or Services) are and shall remain fully vested in us. Nothing in these conditions or any Special Conditions grants to you any rights in or to patents, copyrights, designs, database rights, trademarks, trade secrets, trade names (whether registered or unregistered), or any other rights or licences in respect of the Goods or Services.
5.4 In the event of a dispute arising out of or in connection with this contract between you and us or these terms, then you agree to attempt to settle the dispute by engaging in a process of mediation in good faith with us before litigation is commenced.
5.5 These terms are governed by Northern Irish law, and you can bring legal proceedings in respect of the products in the Northern Irish Courts or in the jurisdiction that the building is intended to be used.
5.6 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
6.1 The KES Group Inc Ltd buildings come with a 1-Year Workmanship Warranty & 10-Year Structural Warranty. This covers the fabric of the building, which includes the steel structure itself, the floor, walls, and roof. The external windows and doors are covered by the manufacturer’s warranty as well as our workmanship warranty. This floor finishes, wall finishes, ceiling finishes and internal fixtures and fittings are all covered by the twelve-month defects and workmanship warranty as well as manufacturer’s warranty.
6.2 The defects warranty period is 12 months; KES Group Inc Ltd will attend to any defects due to defective materials or workmanship at its own expense within this period within 14 days of notification. Should it be found that any notified defect was not caused by material or workmanship failure then the call out and any subsequent repair carried out by the KES Group Inc Ltd he will be chargeable to the customer.
6.3 The customer must use and maintain their modular building in an appropriate manner and maintain all products used in in line with manufacturers guidance. KES Group Inc Ltd will not be responsible for the repair to any building or part thereof due to substandard work by others, lack of maintenance abuse or excess use. Should the building be repaired by someone other than the KES Group Inc Ltd then this will render the warranty void.
6.4 Goods must be examined within a reasonable time of delivery, and all damages must be reported as soon as possible and thereafter in writing. Water damage to the building either from water ingress or from escape of water must be notified within one working day, no liability for damages caused by prolonged water damage will be accepted.
6.5 Timber is a natural product and as such any minor cosmetic damage, and natural variances such as natural cracks and shakes or knots are not classed as imperfections or flaws, and not classed as faulty. All external timber must be maintained regularly.
KES Group Inc Ltd.’s permanent modular buildings are designed to last 50 years or more given the correct care and maintenance and by updating the roofing, flooring, panelling etc., Typically if these updates are completed every 15 to 20 years these one-time temporary buildings can last a lifetime.