Terms and conditions
A. Definitions
“Customer Site Obligations” are defined in clause 15 below.
“Detailed Specification” are the plans and specifications that set out the detail of the kitchen to be installed. See clause 8 below.
“Ex-works” means that the Moley Robotic Kitchen will be made available for collection by you or your carrier and will not be delivered by us, as set out further in clause 57 below.
“Installation Address” means the property into which the Moley Robotics Kitchen is to be installed.
“Moley Robotics Kitchen” means the kitchen units, work tops, appliances (including the Robotic Kitchen Assistant) and any accessories for which you are placing an order and are specified on the Price Quotation.
“Robotic Kitchen Assistant” means the robotic arm, controller unit, control panel and related accessories as set out in the Price Quotation.
“we” / “us” is defined in clause 1 below. “our” is to be construed accordingly.
“you” means you, the purchaser of the Moley Robotics Kitchen. “your” is to be construed accordingly.
B. Us / we
1. We are Moley Services UK Limited, a company registered in England under number 09348843. We trade as Moley Robotics. Our registered office is at Jump Accounting, 131 Finsbury Pavement, London, England, EC2A 1NT. Our VAT number is: GB260656992. We can be contacted as follows:
• In person, by visiting our showroom at 16A Wigmore Street, London W1U 2RF
• By writing to us at our showroom address.
• By email to: requests@moley.com
• By telephone: 0207 183 2186
2. These terms and conditions apply to the sale and installation of kitchen units and appliances from our showroom to UK consumers for domestic use. Separate terms and conditions apply to any other goods and services we supply or to any supply for commercial purposes.
C. Information you provide
3. Our Price Quotation and Purchase Invoice are based on the information and measurements you have provided to us. It is important that this information is reasonably accurate. If the information you have provided is not reasonably accurate, the costs indicated in the Price Quotation and Purchase Invoice may have to be revised or your order cancelled once precise measurements have been taken at the design stage.
D. Deposit and subsequent payments
4. Once you have reviewed and approved the Price Quotation, if you wish to proceed with the purchase, please sign where indicated and return it to us. Your return of the Price Quotation is an offer to us to accept your order. We reserve the right to decline that offer. The contract will become binding on both parties once we have raised a Purchase Invoice.
5. Deposit. Once you have placed your order with us, we will send you a Purchase Invoice which will reconfirm your details and your order and invoice you for the initial deposit of 30% of the purchase price. Your deposit payment is non-refundable and will be offset against the total price of the order.
6. You expressly request that we proceed forthwith with the design stage and ordering long lead time components as soon as the Deposit has been paid. We will not commence work on your order until the initial deposit has been paid in full, which must be within 14 days of the date of the Purchase Invoice. If all or some of the deposit is not received within this timeframe, we are entitled to cancel your order.
7. Once the detailed design has been completed and approved, we will inform you of any changes to the costs following detailed measurement and specification.
8. We will provide a detailed specification and design including a mood board and drawings (“the Detailed Specification”). Sample materials, appliances and finishes can be examined at our showroom.
9. Second instalment. When we have your written confirmation of the final design specification, we will invoice you for the next instalment payment of 40% of the purchase price, as well as any adjustment to the first instalment arising from changed specifications. Payment of this invoice (and any other outstanding amounts) is required before manufacture of your order commences.
10. Final instalment. Once your Moley Robotics Kitchen has been manufactured, and the appliances sourced, it will be ready for delivery and installation (or collection from our factory in the case of goods sold ex-works). The third and final instalment of 30% of the purchase price will be invoiced at this stage. We reserve the right to not proceed with installation (or with permitting collection in the case of ex-works goods) unless and until the third instalment has been paid in full together with any other charges that have been incurred under the terms of this agreement.
11. In the event that installation is delayed by you for over 6 months from the time when we inform you that we are ready to deliver and install your Moley Robotics Kitchen, then we may increase the contract price to take account of any increase to us of the costs of transport and installation. We may also charge you for storage as set out in clause 40 below. This clause 11 does not apply to goods sold ex-works.
12. Payment is due within 14 days of our invoice, or as otherwise stated on the invoice (if longer). Interest may be charged on any overdue amount at the rate of 3% a year above the Bank of England base rate from time to time, accruing daily.
E. VAT
13. Generally, we will need to charge VAT on any order placed. If you do not consider that our sale to you is a taxable supply for VAT purposes, then you must provide us with documentation to support that assertion to our satisfaction. The question of whether or not VAT is charged is a matter entirely for us at our discretion. If we do not charge VAT, and you do not produce such documentation as may be required, or we do not consider there is adequate evidence to support that the supply is not taxable, you agree to pay us the VAT, plus such interest and penalties as may be due to HMRC, within 28 days of demand.
14. Your quotation shows VAT at the rate stated. Should the rate of VAT applicable to any payments due under your agreement with us change, then those payments must be amended to reflect the new rate of VAT and you will pay us the revised VAT-inclusive sum.
F. Your responsibilities – IMPORTANT
15. Where we are to install your Moley Robotics Kitchen, It is your responsibility to ensure you have any permissions that may be required for the installation of the Moley Robotics Kitchen you have ordered and that the Installation Address is suitable. In particular, it is your responsibility to ensure that at the time of delivery and installation:
a) Any planning permission you may need has been sought and obtained; this may, in particular, be a requirement in relation to listed buildings;
b) Any building regulation approval that may be required has been obtained from your local authority building control; any plumbing or electrical work which we have expressly agreed to perform will be carried out by contractors who are members of an approved scheme and will be able to self-certify their work for building control purposes;
c) If the Installation Address is leasehold, that you have the permission of the landlord for the installation where this is a requirement of your lease;
d) Any applicable floor-loading limits or other structural limits will not be exceeded;
e) The area where the kitchen is to be installed has been properly prepared;
f) All other trades in the installation area have completed their work;
g) The Installation Address is safe and secure and the access conditions are reasonable;
h) Our installers will have ready access to power and sufficient lighting for their work;
i) Water and electric supplies are adequate for the appliances you are purchasing;
j) Ready connections can be made to all required services, including electricity, water, drainage and air extraction; those connections need to be in the appropriate position as set out in the Detailed Specifications.; and
k) That access arrangements to the installation site are suitable (see also clause 22 below).
(the requirements set out as (a) to (j) above are the “Customer Site Obligations”)
16. Your Moley Robotics Kitchen will also be internet connected – so it will need to be within range of your wifi router. The security of your router and your home network is your responsibility. Your Moley Robotics Kitchen will require a seamless connection to the internet without which its functionality may be significantly impaired.
17. It is your responsibility to ensure protection of flooring within the Installation Address, including the access route for delivery of the goods and installation equipment, and the installation area. We will not be liable for any damage to flooring caused by inadequate protection being in place. If you have any concerns about protection arrangements for your flooring (or any other aspect of installation), please contact us in good time prior to the Agreed Installation Date to avoid the costs of an aborted installation visit.
G. Delivery and installation (where included in the order – delivery not
applicable to ex-works orders)
18. We shall deliver and /or install the Moley Robotics Kitchen to the Installation Address you have provided to us and as specified in the Purchase Invoice. We shall make reasonable efforts to complete delivery and installation of the Moley Robotics Kitchen by the estimated delivery date indicated on the Price Quotation, or such other date we have subsequently agreed with you.
19. Delivery and /or installation will be scheduled to take place on date(s) agreed with you in advance (‘Agreed Delivery Date’), which will be confirmed five weeks prior to delivery and installation.
20. If you will not agree to an Agreed Delivery Date, or you fail to respond to our requests, then the goods in your order may need to put into storage at your cost (see clause 40 below) until such time as a delivery date can be agreed with you.
21. Unless expressly set out in the Price Quotation the following are not included in the installation: plumbing, electrical work (other than connecting the appliances), building work, stripping out, decorating work and site preparation.
H. Installation environment (where installation is included on the Purchase
Invoice)
22. We reserve the right to decline delivery to, and/or to delay installation at, the Installation Address where the Customer Site Obligations (see clause 15 above) have not been met. If connections to services (such as water, electricity, drainage and air extraction) require re-arrangement this may delay installation and/or result in additional costs being incurred.
23. Our installers will make an assessment of the safety of the installation environment. If they determine that the environment is unsafe for them to proceed, they will not continue with the installation until the safety issues have been remedied to their reasonable satisfaction.
24. Where installation is shown on the Purchase Invoice the costs of installation are included in the overall purchase price. Where our installers are delayed through no fault of ours, whether caused by your failure to observe the Customer Site Obligations or otherwise (such as if pre-delivered components have been damaged or lost after delivery to the Installation Address), then we reserve the right to charge you in addition for the time so wasted. This will be at the rate of £500 an hour per installer plus the cost (or a proportion of the cost) of any equipment hire and other services obtained for the installation such as transport. If the goods supplied under this contract need to be stored as a consequence, then storage costs will be incurred in accordance with clause 40 below.
24A. In the event of installation at a site outside of mainland Britain, installation costs will by necessity have to include the travel and accommodation costs of the installers. Additionally, in some jurisdictions it may be necessary for one or more locally certified tradespersons to be involved in installation and maintenance. If this is necessary, we will ask you to contract with a suitable tradesperson and to arrange with them to attend site as required. Any such tradesperson shall be directly responsible to you for their work and we will not be liable for any act or omission of theirs.
I. Changing specifications and Substitution
25. We are under a legal duty to supply you with goods that are in conformity with this contract.
26. From time to time the specifications for the components of the Moley Robotics Kitchen that you have ordered may change, especially in the fast-moving world of robotics and modern kitchen appliances. You may therefore find that the installed components have a more up to date specification than when your order was placed.
27. If an ordered component becomes difficult or impossible to source, but we identify a reasonable substitute which is of no lesser specification, then we will let you know and inform you of the change. You agree that where there will be no degradation in the look or performance of your Moley Robotics Kitchen, that we may make such a substitution with no increase in price to you.
28. If no reasonable substitute is available at commensurate cost, then we shall offer you the best available alternatives and inform you of any change to the contract price. If it is no longer possible for us to provide you with substantially what was ordered without a change in the contract price, you may cancel the order and receive a full refund of the money you have paid (less the cost of any goods delivered to you which you keep and the related installation costs).
29. If you wish to change any part of your order, please discuss this with us. We do not carry stock items and every component is specially ordered. A large proportion of components will be specially made. That means that there can be a significant cost and an increased delivery time if changes are made. If you want a change to your order, depending on the stage of production, you may be charged in full for items that have to be scrapped, as well as the full cost of the replacement item. Where the supplier will accept an item back then additional charges up to 50% of the value of the substituted item(s) may be incurred on account of restocking costs in addition to the addition cost of the replacement item(s). We will set out the costs to you of any proposed changes for your acceptance. We are not obliged to accept any changes to the original order and all changes must be agreed in writing and signed by you.
J. Copyright in the layout and drawings
30. We own the intellectual property rights, patents including copyright in the design drawings, architecture of the products and software used in Moley products. These drawings, designs, architecture, software or hardware may not be reproduced or used for any purpose other than the installation and maintenance of the Moley Robotics Kitchen, including the Robotic Kitchen Assistant.
K. Digital content
31. Your Moley Robotics Kitchen will include one or more electronic devices that are internet connected through wifi. These devices use software provided by the manufacturer. You must observe all requirements of the manufacturers’ software licences, which will be made available to you on installation. You must also ensure that these devices are connected to the internet (and remain so connected) as per the manufacturers’ instructions.
32 The Robotic Kitchen Assistant consists of the robotic arm (and sensors) and a control panel (which may or may not also link to your smart ‘phone depending on your order), linked together by a computer running our specialist software which also interfaces with the other kitchen appliances. We grant you a paid, non-exclusive licence for the software required to operate the Robotic Kitchen Assistant exclusively at the specified Installation Address. In the event that the installation address needs to be changed, it is a condition of that licence that you must notify us in writing. This is to ensure the continued functionality of the licensed software. It is a condition of this software licence that no steps are taken to reverse engineer, dissemble or modify the software. A breach of this condition will entitle Us to terminate the software licence and remotely de-activate the Robotic Kitchen Assistant.
33. We will update and remotely maintain that software for 10 years, including the provision of security updates. However, after 10 years, we may not be able to continue to provide security updates due to the fast-moving pace of development within the area of internet security.
L. Maintenance
34. While the Moley Robotics Kitchen is designed for use in a domestic environment, it does include a number of specialist components that will, from time to time, require specialist maintenance and servicing. You agree that it is your responsibility to put into place maintenance agreements with suitably qualified technicians in order that you can comply with the maintenance requirements set out in the user instructions.
35. Moley Robotics can undertake the servicing of your Robotic Kitchen Assistant. The cost of such a service when provided by Us will be calculated on a number of factors including but not necessarily limited to: (1) the cost of components required for the service on which we will charge a mark-up to cover handling and operational expenses; and (2) the engineer’s working time at our charge out rate from time to time and which may include travel time. We can provide more detailed information on the costs of servicing at the time of request or in any service agreement You and We agree. Clause 24A above applies to any maintenance by Us outside of the United Kingdom.
M. Force majeure
36. If our supply of your product is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. We will not be liable to you for any delay caused by an event outside our control.
37. If it becomes impossible to perform the contract at all, then we will cancel it at your request and refund any money you have paid for goods and services not yet supplied to you.
N. Risk and title
38. Once ex-works goods are collected by your carrier, or in all other cases once the goods are delivered to the Installation Address, they are at your risk. You should ensure you have adequate insurance. Title to the goods passes to you once we have notified you that they are ready to be installed (or collected in the case of ex-works goods) and you have paid us in full. If we deliver goods to you and we have not yet been paid in full, we will retain title in the goods.
O. Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
39. As your Moley Robotics Kitchen is a product made to your specifications, the cancellation provisions of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply.
P. Storage costs
40. If you do not pay the final instalment (which is due prior to delivery and installation), do not agree an Agreed Delivery Date with us, or refuse to accept delivery, then the goods ordered will be securely stored. We reserve the right to charge for storage at the rate of £500.00 + VAT a week if your goods need to be stored for over 6 weeks. Goods will need to be inspected periodically and there will be an additional charge of £500 plus VAT for inspection after every six months’ of storage. All storage costs must be paid in full prior to delivery / collection
Q. Descriptions
41. A product’s true colour may not exactly match that shown on your computer or device or in our marketing or on its packaging.
42. Due to the nature of natural materials such as wood, wood veneers, granite, marble and Caesarstone, the patterning, graining and colour may vary from that seen in our brochures, showroom displays and photographs or as displayed on your computer or device. Goods made from natural materials are likely to have variations of shade and grain. Natural woods may mellow or change colour with exposure to sunlight and age. We are therefore, not responsible for any natural variation in graining or patterns, colour tones or changes in colour over time of the wood used.
43. Although we have made every effort to be as accurate as possible, dimensions and measurements indicated on our drawings have a 2% tolerance. Weights and capacities are indicative only.
R. Exclusion of liability in certain circumstances
44. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
(a) losses that were not foreseeable to you and us when the contract was formed;
(b) losses that were not caused by any breach on our part;
(c) business losses; or
(d) losses to non-consumers.
S. Consumer-standing
45. This is a consumer product supplied to you as a consumer for non-commercial use by you and your family. Unless otherwise stated in the Price Quotation, you warrant that you are a UK-based consumer and that you do not intend to use the product for any commercial purpose, including as a feature in a rental property. If, in our reasonable opinion, the Robotic Kitchen Assistant is not being used as a consumer product (for example it is being used commercially, as a demonstration tool or has been the subject of reverse engineering) then we may disable it remotely.
46. Due to safety considerations, the Robotic Kitchen Assistant is unsuitable for short term let properties, and you agree that you will ensure that the Robotic Kitchen Assistant is disabled in the event the property is made available on short term let.
47. If the property in which the Robotic Kitchen Assistant has been installed is sold or let out on a long-term let, then you must ensure that the incoming occupier is provided with all of the instructions relating to the Robotic Kitchen Assistant.
T. Safe use
48. As the purchaser of the Robotic Kitchen Assistant you agree to ensure you use it only in accordance with the safety instructions provided and not to modify the machine or its operating environment in any way from that in which it has been installed.
49. Only replacement components provided or approved by the relevant manufacturer or by Moley Robotics should be used for any repairs, and all repairs and maintenance must be undertaken by suitably trained technicians. A failure to observe your obligations in this regard could result in property damage, serious injury or even death.
U. General
50. No variation to these terms and conditions will be binding unless set out in writing and signed for and on behalf of us.
51. We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We’ll tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the contract. You can only transfer your contract with us to someone else if we agree to this in writing.
52. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
53. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
54. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
55. These Terms and Conditions apply to the supply by us of the Moley Robotics Kitchen irrespective of whether the Price Quotation is signed.
V. Personal data privacy
56. Your attention is drawn to our Privacy Policy as set out on our website: www.moley.com. Note in particular that the Robotic Kitchen Assistant is equipped with cameras which from time-to-time will capture images of its immediate operating environment. These images may be sent to us automatically where they will be used, stored temporarily and disposed of in accordance with the Privacy Policy.
W. Personal data privacy
57. Certain products may be ordered “ex-works”. This means that they will not be delivered to the Installation Address but will be made available for collection from our factory at or such other address in mainland Brittain that we might notify to you. If your order is ex-works this will be indicated on the Price Quotation or Purchase Invoice. You must arrange yourself for ex-works goods to be collected and shipped to the Installation Address. Ex-works orders must be collected within 8 weeks of You being notified by Us that they are available for collection.
58. If you are exporting the Moley Robotics Kitchen, it is for you to ensure that all requirements for export, import and customs are in place. We recommend you investigate these issues before you place any order as cancellation may not be possible. We make no assurance that the Moley Robotic Kitchen can be exported or imported to any jurisdiction outside of the UK and the EU.
Important notes about your Moley Robotics Kitchen and the Robotic Kitchen Assistant
It is essential that you read and act upon all of the safety, operating and maintenance information provided with your Moley Robotics Kitchen. A failure to do so could result in property damage, serious injury or even death.
Below we set out some of the key features and safe operating requirements for the Robotic Kitchen Assistant.
Preparing food
The Robotic Kitchen Assistant is exactly that, and it will assist in the preparation of meals in conjunction with human support. Human input is required in order to source and prepare the ingredients as well as to keep an eye on the robot throughout.
The Robotic Kitchen Assistant is programmed to prepare and cook according to pre-programmed recipes. It is crucial that the correct ingredients, in the correct quantity and correctly prepared are placed in the designated receptacles for the robot’s use. The robot will not know, for example, if an ingredient has been substituted. The robot is not responsible for the outcome of any recipe in which it is engaged to assist; crucial factors include the quality and freshness of ingredients, their preparation and the quantities employed – all of which are outside of its control. Useful instructional videos on preparation can be accessed from the control screen. It is for the humans to season to taste.
Note that preparation can have implications that go beyond just taste and the quality of the resultant meal. For example, if ingredients are in pieces larger than the recipe requires, then these ingredients may not cook through. The same might happen if an ingredient is supplied frozen when it should have been defrosted. With some ingredients (such as raw poultry) this could have food safety implications; potentially serious ones. It is imperative that you ensure that every hot dish has been thoroughly cooked through and is piping hot before serving.
We recommend that you have one or more practice runs with the Robotic Kitchen Assistant before you use it to prepare a meal for any important occasion.
The operating environment
It is also imperative that the Robotic Kitchen Assistant’s work area is kept clear. You must not install any permanent fixtures, such as a towel rail, within the working range of the Robotic Kitchen Assistant. The working range of the Robotic Kitchen Assistant is its furthest reach plus the longest utensil or piece of cookware it might ever handle. You must also ensure that no loose items are placed in the robot’s operating range or accidents may occur. For example, an unexpected object could cause a pan of hot liquid to be knocked out of the robot’s gripper or to be tipped over on being placed down by the robot. Other loose objects, such a tea towel, might present a fire risk.
Cooking using the robot can be fun and informative, but you must take responsibility and remain in control throughout.
The manner in which the robot interacts with its environment is fundamental to the safe operation of the Robotic Kitchen Assistant. That means that it should only be used with utensils and cookware that have been supplied by, or approved by, Moley Robotics. Use of any other equipment could result in an accident or other malfunction and must be avoided. Any such misuse is likely to void the warranty and may result in the termination of any service arrangements.
Situation
It is also of fundamental importance that the Robotic Kitchen Assistant is not moved from the situation in which it has been installed. It is not intended to be used other than in the kitchen in which it was installed, and it should not be used out of doors or in any non-domestic environment (such as in the humid conditions that may occur in rooms adjacent to a swimming pool). Any such misuse is likely to void the warranty and may result in the termination of any service arrangements.
If you need to move your Robotic Kitchen Assistant, please contact Moley Robotics for advice. We will be able to provide assistance with re-installation (for which there will be a charge).
The Robotic Kitchen Assistant is being supplied to you as a consumer product. You are responsible for its safe use. It is not suitable for use in a property used for short term lets or for any other commercial purpose.