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Warranty and Returns
Terms and Conditions
Confidentiality
Limitation of Liability
Kendal Hills Supply shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Kendal Hills Supply Parts has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.Typographical Errors
In the event that a Kendal Hills Supply product is mistakenly listed at an incorrect price, Kendal Hills Supply reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Kendal Hills Supply has the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Kendal Hills Supply shall issue a credit to your credit card account in the amount of the incorrect price. OE reference numbers are simply a guide and typographical and data entry errors may occur that could lead you to the wrong part. Please check the descriptions closely to insure accuracy and suitability of part before ordering. Original Manufacturers' names, parts numbers and descriptions are quoted for reference purposes only and are not intended to indicate or suggest that our replacement parts are made by the OEM.Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Kendal Hills Supply without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.Notice
Kendal Hills Supply may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Kendal Hills Supply.Terms and Conditions
General Condition 36 (Development) has had a radical overhaul. The
thinking behind it is that solicitors were routinely excluding the condition
in its entirety or varying it to such a degree that, in effect, no warranty was
being given. The new wording provides as follows:
• The Vendor warrants compliance with planning in respect only of his
own period of ownership.
• The Vendor is also required to disclose any breach of or non-compliance
with planning of which he is aware. This includes, but is not limited to,
any matter disclosed to him at the time of purchase.
• As the period of warranty is being shortened to operate from the date
the Vendor first acquired an interest in the property, Vendors should
now be willing to leave in General Condition 36 and Purchasers should
resist its exclusion.
• The Vendor is on notice of anything disclosed when he purchased the
property.
• The changes in this condition come down to an apportionment of
risk – the Vendor warrants planning compliance for his own period
of ownership PLUS he is required to disclose anything which he is on
notice of: if he is not on notice of a matter concerning a breach of or
non-compliance with planning legislation, then the risk is with the
Purchaser.
• It is emphasised that it is a false security for a Purchaser to rely on the
Vendor’s warranty and duty of disclosure as a reason for not carrying
out a planning search.
• Where an executor (who is not a joint owner of the property) is selling,
a Purchaser’s solicitor will need to do a full investigation into planning
pre-contract as the executor will not be in a position to give a warranty.
• The old Building Bye Laws (BBL) are treated as obsolete (and references
to the old BBL amnesty have been dropped) but to be produced if
available (similar to commencement notices).
• There is still a requirement on the Vendor to produce -
a) Fire Safety Certificates
b) Revised Fire Safety Certificates
c) Disability Access Certificates
d) Revised Disability Access Certificates
e) Regularisation Certificates
• The condition has been updated to include the requirements for
certification under the 2014 and 2015 Building Control Regulations.
Provided the statutory Certificate of Compliance on Completion (CCC)
is registered with the building control authority, a Purchaser will
not need any further evidence of compliance with building control –
however, he will still need a certificate of compliance with planning. If
the CCC cannot be viewed online, the Purchaser must obtain a certified
copy from the Vendor. The condition also provides for requirements where there is an opt-out
from statutory certification.
A Purchaser must –
a) see the Declaration of Intention to Opt Out (either online or, if not
online, by way of provision by the Vendor of a certified copy)
b) obtain evidence of registration of such Declaration of Intention to
Opt Out
c) obtain a certificate of / an opinion on compliance with building
control
d) obtain a certificate of / an opinion on compliance with planning.