Terms & Conditions

Terms and Conditions for McCarthy Kitchens

1. Definitions
1.1. "Company" refers to McCarthy Kitchens, its employees, subcontractors, and agents.
1.2. "Client" refers to the individual or entity entering into this agreement for the provision of kitchen design, supply, fitting, and aftercare services.
1.3. "Agreement" refers to these Terms & Conditions and any associated documentation, including the sales order and specifications.

2. Acceptance of Terms
2.1. By signing this document, the Client agrees to these Terms & Conditions.
2.2. A signed copy of this Agreement must be returned before any work is undertaken.

2.2.3 Contract of terms

A contract for the supply of the goods by the company to the customer shall only exist when an order has been placed by the customer, site survey complete, signed order spec sheet complete and accepted by the company and the deposit has been paid in full.

No provisions, modifications, amendments, or variations of the contract by the customer shall apply unless they are in writing and are agreed and signed by or on behalf of the company. In such a case, these shall be deemed to be amendments to the contract and shall not constitute a new contract and the customer shall confirm any such variation in writing as soon as requested by the company, but the company shall not be obliged to request or obtain such confirmation.

Where any variation to the goods is agreed by the company, after the date of contract, the company reserves the right to amend the contract and/or the contract price accordingly. Any typographical or clerical error or omission in any quotation, pricelist, contract, order, acceptance, invoice, or any other document issued by the company shall be subject to correction without any liability on the part of the company at whatever time and whenever such a correction shall be necessary.

These terms and conditions shall apply to every contract. The company shall not be bound by any terms and conditions which may be inconsistent with these terms and conditions.

2.2.4 Phone Numbers

If the customer has any queries from time of order to the delivery time, they should contact the delivery team of the company on (042) 934 0373. Payment queries can be directed to the accounts team of the company at (042) 934 0373.

3. Scope of Work
3.1. McCarthy Kitchens agrees to design, supply, and fit kitchen units, appliances, and accessories as specified in the signed quotation and agreed specifications.
3.2. Any modifications to the agreed scope of work must be confirmed in writing and may be subject to additional charges.

4. Quotation and Pricing
4.1. All quotations are valid for 30 days from the date issued unless otherwise stated in writing.
4.2. Prices are inclusive of VAT unless explicitly stated otherwise.
4.3. The Company reserves the right to amend prices if unforeseen circumstances arise, such as changes in material costs, delivery fees, or additional labor requirements. The Client will be informed of such changes promptly.
4.4. The quotation includes only the items and services explicitly stated. Additional work or materials requested by the Client will incur extra charges.

5. Payment Terms
5.1. A deposit of 40% is required upon acceptance of the quotation unless otherwise stated.
5.2. Payment Schedule:

5.2.1. Stage 2, e.g., 40% two days prior to delivery of materials unless otherwise stated.
5.2.2. Stage 3, e.g., 20% two days prior to install of worktop.
5.3. All payments must be made within [ Late payments may incur interest at a rate of [INSERT RATE, e.g., 2% per month].
5.4. The Company reserves the right to halt work if payment terms are not adhered to.

6. Delivery
6.1. Delivery dates are estimates and may be subject to change due to unforeseen circumstances, such as supply chain disruptions. The Company will communicate any delays promptly.
6.2. The Client must ensure clear and safe access for delivery and storage of materials at the installation site.
6.3. Risk of damage to goods passes to the Client upon delivery to the installation site.

6.6.5 Lead Times for the Goods

Lead times of the goods of the company vary depending on the Product type and the finish chosen. The customer will be informed of the expected lead time of the goods during the sales process and at the sign-off meeting. Sometimes, unforeseen conditions (natural disasters, out of human control) may lead to changes in the lead time. The company cannot accept responsibility for delays which arise due to such unforeseen conditions.

6.6.6 Delivery Charges

Delivery of goods is free of charges in the All Regions. The customer will incur a delivery charge for extra deliveries of goods, not agreed to, in all areas. Delivery charges will be informed to the customer during the sales process.

6.3.1 Access to the Premises

It is the responsibility of the customer to ensure that the company has access to the premises on the delivery date. The customer must also take responsibility to ensure that the company can shift the goods, whatever size they may be, into the premises on the delivery date.

7. Installation and Fitting
7.1. The Client must provide a clear, safe, and prepared space for installation. This includes ensuring all electrical, plumbing, and structural works are completed prior to fitting unless otherwise agreed.
7.2. The Company is not responsible for delays caused by incomplete site preparation or third-party contractors.
7.3. Any structural modifications required during fitting (e.g., adjustments to walls, plumbing, or electrics) are not included in the quotation unless specified. These will be quoted separately if needed.
7.4. All installations will be carried out to industry standards. Any defects arising from poor workmanship must be reported within 14 days of completion.
7.5. The Client is responsible for insuring the property and any installed goods during and after installation.

7.6.7 Storage Charges

The customer is required to take the goods when the company is ready to delivery them. Failure to do so will result in a storage charge of 5% of the contract price of the goods per week. Storage charges must be made before delivery of the goods is authorised.

7.6.8 Making Collections

All collections must be made from the head office of the company at Unit 6 Longmile Road Business Park Dublin 12 (see map on the company web site www.kitchenworld.ie). Collections cannot be made from the company’s showrooms.

All collections must be confirmed with the head office of the company at least two (2) days in advance. The customer will receive a collection number to quote upon collection. All collections must be made between 10am and 4pm, Monday to Friday. All the goods being collected must be paid for in advance as per the contract price.

On collection, it is advised that the customer open all packages to ensure the goods are correct, in good condition and have all necessary parts. Unfortunately, the company accepts no responsibility for any damages that occur to the goods after they have left the warehouse of the company. The company is not in control of how the goods are handled and opened, once they have been collected, and cannot be held responsible for any subsequent damage to the goods.

1.7 Colour Differences in the Goods

Colour differences in paint, wood and marble are to be expected (scars, knots and shading differences are natural and can sometimes be non-uniform in appearance). Goods made of wood will be lighter in appearance when new, and will darken considerably over time.

8. Appliances and Third-Party Products
8.1. The Company will supply and install appliances as per the agreed quotation.
8.2. Warranty claims for appliances or third-party products must be directed to the manufacturer. The Company will assist with initial contact but is not liable for third-party warranty issues.

1.5.1.3 Sign-off Meeting

In the sign-off meeting between the customer and the company sales person, the customer will be stepped through the colours, materials, handles, dimensions, lead times, etc of the goods that the customer has chosen. The customer will be required to sign-off on a document which details all aspects of their purchase order – this represents what the company would hand over to the goods’ suppliers of the company. It is the responsibility of the customer to ensure that they are happy with the purchase order that they would sign- off on.

The company has four stages of quality checks for the purchase order of the customer:

Two (2) checks in the showroom of the company Dundalk,
One (1) quality check in the company’s admin Culloville, and
One (1) check with the company’s manufacturing plant in Culloville.

As a result of these quality checks, situations might arise that will cause the order to be adjusted or modified prior to being manufactured. The company will call the customer, in advance of placing a purchase order, where the company has decided that it is necessary to make changes to the sign-off document. These changes sometimes result in a modified price which the company will discuss with the customer during that call.

The customer will be expected to provide the company with signed-off measurements for the premises in advance of the sign-off meeting. By signing the quotation, the customer is also signing-off on the measurements for the final contract which states the exact furniture layout and measurements that will fit the goods into the premises.

It is the responsibility of the customer to ensure accurate measurements of the premises and contain the details of any item that may impact the fitting of the goods. The customer could engage a furniture fitter / surveyor to measure the premises; layout drawings from the company can be used to assist in this process.

It is the responsibility of the customer to ensure accurate measurements of the premises and contain details, of any item, that may impact the fitting of the goods. The customer could engage a furniture fitter / surveyor to measure the premises; layout drawings from the company can be used to assist in this process.

1.5.2 Specific Terms for Wardrobe Robesliders Purchases

For kitchen or wardrobe purchase orders, the customer is expected to provide the company with an accurately measured drawing, a purchase budget and details of preferred layouts, finishes, appliances, etc. This will enable the company to create an ideal design, one that matches the requirements of the customer.

In the first presentation of the company to the customer, the company will provide the customer with a quotation summary, perspective drawings and an outline plan of the suggested layout at no cost. The company will also spend time (up to two hours) going through this layout with the customer.

At this stage the customer needs to decide whether they want to continue with the company for their order. The customer will have a very good idea of costs of the company and the processes which the company follows; they will have seen the goods of the company and they will be in a very good position to progress to the next stage.

To progress to the second stage in the purchase of kitchens and wardrobes, the company requires a Booking fee of €300. This fee is to cover the time spent on second and subsequent perspective drawings which may be required in order to get the furniture layout as per the customer’s preference.

For the Booking fee, the customer will also eventually get more detailed perspective drawings and a final, detailed quotation for the contract price.
The Booking fee is non-refundable.
However, the company will deduct the drawing fee from the contract price should the customer decide to proceed with the company.
Perspective drawings are not transferable to other furniture besides kitchens and wardrobes.

Measuring the premises is the responsibility of the customer. The customer will bring-in measurements of the premises to the sales person of the company and will sign-off that these are accurate measurements of the premises. The company will not order furniture for the customer without having the sign-off document. Furthermore, the company accepts no responsibility if these measurements are incorrect (Refer: 1.5.1.3 Sign-off Meeting). When the customer signs off on an order, they are also signing off on the measurements in that order.

The company does not supply granite worktops nor does the company supply wooden, glass, quartz or any other type of worktop for which there are no samples in the showrooms of the company. However, the company can provide the customer with an estimated quotation for one particular granite supplier, but it is the responsibility of the customer to finalise the quotation with the granite supplier. The company does not accept any responsibility for the goods of granite supplier, workmanship or fees.

The guarantee, parts and labour for these goods are, as per the manufacture guidelines, in the leaflet accompanying the goods.

1.5.3 Other Goods – Specific Terms

1.5.3.1 Appliances, Sinks and Taps

The guarantee, parts and labour for appliances, sinks and taps are as per the manufacture guidelines in the leaflet accompanying the goods. Service agents are appointed through the importers and they should be contacted directly with any issues that may arise.

Appliances are supplied to the company by a third party and carry a manufacturer’s warranty, which is typically twelve (12) months. It is the sole responsibility of the customer to ensure that appropriate warranty documents are returned to the appliance manufacturers and the company shall not be held liable for any failure of the customer.

The prices of appliances include contributions to a producer recycling fund to ensure that WEEE is collected and recycled in a responsible manner.

It is the responsibility of the customer to return WEEE, within 30 days of point of sale, on a one-for-one basis to the company store. Please refer to www.environ.ie for more information.

The delivery team will remove, on a like-for-like basis, any old appliances.

Such appliances must be disconnected from the mains, be presented in a clean state and be easily accessible to the delivery team. If not so the customer may be charged, for the company to return to their premises, in order to collect such appliances.

9. Cancellations and Refunds
9.1. If the Client cancels the order after acceptance, they will be liable for costs incurred by the Company up to the cancellation date.
9.2. Custom-made or bespoke items are non-refundable once production has commenced.

9.3. All payments received are non-refundable. The statutory rights of the customer are not affected in any way.

10 Force Majeure

The company shall be entitled, without liability on its part and without prejudice to its other rights, to terminate any contract or any unfulfilled part thereof, or, at its option, to suspend or give partial performance under it, if performance by the company or its suppliers is prevented, hindered,

or delayed whether directly or indirectly by any reason or any cause whatsoever beyond the company’s or it’s suppliers’ reasonable control whether or not such cause existed at the date upon which any contract was entered into.

Non-exhaustive illustrations include act(s) of nature but are not limited to war, riot, terrorism, explosion, abnormal weather conditions, fire, flood, government action, strike, lock-out, delay by suppliers, accidents and shortages of material, labour, or manufacturing facilities.

10.11 Measurements and Designs

In the event that the customer should submit drawings, designs, plans, proofs, measurements or specifications to the company then:

The customer warrants that the use or performance of such measurements and designs will not infringe any third party’s intellectual property rights and shall indemnify the company against any such infringement, and
The company will not accept any liability whatsoever for any inaccurate or incomplete information, drawings, or specifications whatsoever (unless the company has otherwise failed to adhere to the same),
The company shall not be liable for any defects in the goods or the installation work arising directly or indirectly from compliance with any drawings, designs, specifications or order of the customer, the customer’s architects, builders, surveyors or any other advisor appointed by or upon the customer’s behalf.

10.12 Termination

In the event of any payment due by the customer to the company not being paid on the due date, or in the event of the customer becoming insolvent or bankrupt or a petition being presented or a resolution being passed for the liquidation or sequestration of the customer or a receiver, administrator, administrative receiver or judicial factor being appointed over all or any

of the assets of the customer, or if any steps are taken in relation to any of the foregoing, or the customer making any voluntary arrangements with its creditors generally then, the company shall be entitled to treat any contract as repudiated and shall be entitled to suspend deliveries to the customer and the manufacture of any of the goods and the supply of the works for the customer upon giving notice thereof to the customer without being liable for any form of loss.

10.13 Termination due to Breach

Either party shall be entitled to terminate this agreement (without prejudice to any other rights in respect of breaches or terms of this agreement by the other) with immediate effect in the event of any fundamental breach by the other of these terms and conditions, save that in the event of such a breach being remedial, then notice will be given to the defaulting party to rectify

and remedy any breech within fourteen (14) days of the date of such notice. The customer’s statutory rights are not affected in any way upon termination.

10.14 Cancellation

The customer may not cancel any contract unless the company agrees to the same, and then only, upon the terms, that the customer shall indemnify the company against all costs incurred (including the cost of all labour,

materials, administration costs and services used), and expenses incurred by the company as a direct result of the cancellation.

10.15 Entire Agreement and Representation

The customer confirms that they have not relied upon any warranty, representation, or undertaking of or on behalf of the company or of any other person in respect of the subject matter of these conditions save for any representation or warranty or undertaking expressly set out in the body of these terms and conditions and/or the contract and/or the quotation.

At all times it is the responsibility of the customer to ensure that the goods ordered from the company shall comply with all appropriate laws, codes of conduct, guidelines, and legislation of any kind. This shall include (this list being indicative only and non-exhaustive) compliance with building regulations, health and safety guidelines and legislation, planning permissions, and disability access requirements.

The customer is advised to ascertain and verify compliance with all such matters with any appropriate third party prior to entering into the contract. Nothing in these terms and conditions is intended to restrict or limit the company’s liability for fraud or fraudulent or negligent misrepresentation.

10.16 Miscellaneous

In the event of these terms and conditions conflicting with any other terms and conditions, then these terms and conditions shall prevail.

Failure or delay by the company in enforcing or partially enforcing any provision of the contract shall not be construed as a waiver of its rights generally under the contract.

If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part then, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.

Words importing the singular also include the plural and vice versa where the context so requires.

10. Warranty and Aftercare
10.1. The Company provides a 5 year warranty on workmanship, starting from the completion date.
10.2. This warranty does not cover:

10.2.1. General wear and tear.
10.2.2. Damage caused by misuse, neglect, or unauthorized modifications.
10.2.3. Defects arising from third-party work or products.
10.3. The Client is responsible for regular maintenance of installed goods, as per manufacturer guidelines.
10.4. Aftercare services beyond the warranty period are available for an additional charge.

11. Limitation of Liability
11.1. The Company is not liable for:

11.1.1. Indirect or consequential losses.
11.1.2. Damage caused by delays outside its control.
11.2. The Company’s liability is limited to the total value of the Agreement.

12. Dispute Resolution
12.1. In the event of a dispute, both parties agree to attempt mediation before pursuing legal action.
12.2. This Agreement is governed by the laws of Ireland.

13. Data Protection
13.1. The Client’s personal information will be used solely for the purposes of fulfilling this Agreement and will not be shared with third parties without consent.
13.2. The Company complies with all applicable data protection laws.

14. Entire Agreement
14.1. This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements or representations.
14.2. Amendments to this Agreement must be made in writing and signed by both parties.

15. Acceptance
15.1. By signing below, the Client acknowledges they have read, understood, and agree to these Terms & Conditions.