Definitions and interpretation
1.1 Definitions
In this Agreement:
“Business Day” means a day (other than a Saturday or Sunday) on which banks are open
for general business in London.
“Client Approval Form” means the form appended to this Agreement as Schedule 4
(Client Approval Form) which shall only be validly received after final drawings for the
project are produced and approved.
“Delivery Date” shall mean the date for delivery of the project, to be mutually agreed in
writing by the Parties, subject in all cases to the Delivery Lead Time and receipt of the
Client Approval Form.
“Delivery Lead Time” means up to ninety (90) days from receipt of the Client Approval
Form but in each case is subject to raw material stock availability from suppliers.
“Proposal” means the proposal and quote sent to the Client by Nata Kitchens, a copy of
which is appended to this Agreement as Schedule 5 (Client Proposal). All quotes are valid
for 30 days from the date of issuance.
“T&Cs” and this “Agreement” means these terms and conditions together with the
Proposal and any other conditions or terms as notified in writing by Nata Kitchens to the
Client from time to time.
NATA KITCHENS TERMS AND CONDITIONS
1.2 Construction
(a) Unless a contrary indication appears, any reference in this Agreement to:
(i) a “Client”
,
“Nata Kitchens” or any
“Party” shall be construed so as to include
its successors in title, permitted assigns and permitted transferees to, or of, its
rights and/or obligations under the T&Cs;
(ii) a reference to “Business Day” or “day” for the purpose of calculating a period
of time under this Agreement shall not include any date within the month
of August;
(iii) the “T&Cs” or any other agreement or instrument is a reference to that T&C or
other agreement or instrument as amended, novated, supplemented,
extended or restated;
(iv) any amount that the Client shall “pay”
,
“prepay” or “repay” to the Nata
Kitchens shall only be treated as paid once the amount is received by Nata
Kitchens (into such bank account as Nata Kitchens may advise the Client in
writing of from time to time);
(v) a “person” includes any individual, firm, company, corporation, government,
state or agency of a state or any association, trust, joint venture, consortium,
partnership or other entity (whether or not having separate legal personality);
(vi) a “regulation” includes any regulation, rule, official directive, request or
guideline (whether or not having the force of law) of any governmental,
intergovernmental or supranational body, agency, department or of any
regulatory, self-regulatory or other authority or organisation;
(vii) a provision of law is a reference to that provision as amended or re-
enacted; and
(viii) a time of day is a reference to London time.
1.3 Currency symbols and definitions
“£”
,
“GBP” and “sterling” denote the single currency of the Participating Member States.
1.4 Third party rights
A person who is not a Party has no right under the Contracts (Rights of Third Parties) Act
1999 to enforce or to enjoy the benefit of any term of this Agreement.
NATA KITCHENS TERMS AND CONDITIONS
2. Delivery
2.1 2.2 2.3 2.4 2.5 Once the Client Approval Form is submitted, no changes can be made to what was
previously approved without the express written consent of Nata Kitchens.
On the Delivery Date, the Client (or their representative) must be present at the property to
receive the goods, verify the conditions in which they are delivered, and inspect their
condition. The goods shall be accompanied by a delivery note, the original of which must
be retained by the client and the duplicate signed and returned to the delivery team.
Additional costs for specialist equipment required for the transport and distribution of
furniture, such as cranes, special transport vehicles, lifting platforms, etc., as well as any
authority charges related to traffic and pedestrian safety, are the sole responsibility of
the client.
Once goods have been delivered, they become the sole responsibility of the client.
Nata Kitchens shall cover storage costs for a maximum of one week after the originally
agreed Delivery Date, after which all storage costs are the sole responsibility of the client.
The storage cost is variable and calculated on the total value of the project as well as the
occupied volume at the warehouse. Goods will only be delivered once all storage costs
have been paid in full by the Client to Nata Kitchens.
3. Assembly/Installation
3.1 3.2 3.3 Nata Kitchens does not carry out any electrical and/or plumbing work:
(a) all plumbing and electrical work is the sole responsibility of the Client; and
(b) Nata Kitchens accepts no responsibility for any damage or losses caused by third-
party intervention.
Nata Kitchens accepts no responsibility for any damage caused to water pipes, drainage,
electrical installations or other services (during furniture installation) where these have not
been properly marked and/or indicated.
The work area must be clear and clean to avoid damage to the furniture and to facilitate
its installation:
(a) delivery may be cancelled if the space is not in a suitable condition on the day of
delivery. The new Delivery Date will be subject to availability and all related costs will
be the client's responsibility; and
NATA KITCHENS TERMS AND CONDITIONS
3.4 3.5 3.6 3.7 3.8 (b) electrical power sockets must be available and/or easily accessible to allow
connection of the tools required for assembly/installation of furniture, accessories
and appliances.
Nata Kitchens accepts no responsibility for damage or losses that may occur during
assembly/installation caused by parties external to the assembly/installation team who may
in any way hinder, damage or delay work already carried out or yet to be carried out.
The start of assembly does not coincide with the Delivery Date.
(a) The client will be informed of the assembly start date after delivery.
(b) The period for furniture assembly and appliance installation will last up to 20 working
days, beginning on the first day of works. The above period may be extended
depending on the size and scope of the installation, or in the event of delays
in the delivery of accessories, worktops and appliances due to manufacturer
stock shortages.
(c) Access and parking costs in restricted traffic and/or controlled parking areas will be
charged to the client.
Nata Kitchens advises that the final coat of paint on the walls be applied after the kitchen
has been installed. Due to the considerable size and weight of Nata Kitchens furniture and
worktops, minor wall damage may occur during installation, which must be repaired by
the client.
Nata Kitchens provides a "project completion" form relating to the conformity of the
products supplied and their installation, which must be completed, dated and signed by
the client or their representative, together with the installer or Nata Kitchens representative
present on site.
Should the client or their representative be unable to be present on the final day of
assembly for inspection and signing of the form, Nata Kitchens accepts no responsibility for
any damage that may be identified and reported thereafter.
4. Furniture and Accessories
4.1 4.2 Connection of the sink and tap to the plumbing is the client's responsibility, to be carried
out by the site plumber.
Any changes/substitutions/exchanges/additions to furniture or accessories originally
specified, to be added after production has begun, will be charged to the client. These
additional orders must be paid in full at the time of ordering.
NATA KITCHENS TERMS AND CONDITIONS
4.3 4.4 4.5 4.6 4.7 4.8 The price of any furniture/accessory/appliance/complement to be added after the
assembly/installation of the furniture will include the cost of the additional visit to the
property for delivery/assembly/installation. The cost is £450.00 plus VAT
Once furniture, accessories and appliances have been confirmed and ordered, they cannot
be changed and/or returned by the client. Should the client cancel the order for any
reason, they will be liable for the full amount due.
(a) In cases where an out-of-court agreement is not possible and legal proceedings
become necessary, all related costs will be borne entirely by the client.
(b) If the client is found liable for breach of contract, all legal costs will be
their responsibility.
The assembly/installation of furniture and accessories supplied by Nata Kitchens is solely
Nata Kitchens’ responsibility.
Nata Kitchens accepts no responsibility for delays in the delivery of accessories resulting
from manufacturer stock shortages.
Should production of the kitchen or joinery be unable to begin within 6 (six) months of
contract signing for reasons beyond Nata Kitchens’ control, Nata Kitchens reserves the
right to revise sale prices if the manufacturers' price lists are reviewed and/or amended.
The client acknowledges that product and finish samples displayed in Nata Kitchens
showrooms are representative of the products available. However, minor colour variations
may occur due to natural differences in materials, manufacturing processes and other
conditions that may affect the final product delivered to the client's home.
5. Worktops
5.1 5.2 Worktops will not be measured or installed by Nata Kitchens if they are not supplied by
Nata Kitchens.
Nata Kitchens accepts no responsibility for any damage or losses caused by third-
party intervention:
(a) worktops can only be measured after the base units have been assembled/installed
on site, with installation taking place 8 to 15 working days after measurement,
depending on each project; and
(b) all drilling for taps, dispensers and other accessories requires an exact location; the
location must be specified and confirmed in the project before the day of worktop
installation. If this is not possible, an additional visit to the property will be required
(subject to quote and additional cost).
NATA KITCHENS TERMS AND CONDITIONS
5.3 5.4 5.5 Wherever inter-unit panels are to be installed by Nata Kitchens, the client must refrain from
fitting wall socket faceplates, which may only be fitted after the inter-unit panels have been
installed. If this is not observed, Nata Kitchens will not be held responsible.
Additional costs for specialist equipment required for the transport and fitting of worktops,
such as cranes, special transport vehicles, platforms, etc., as well as any authority charges
related to traffic and pedestrian safety, are the sole responsibility of the client.
If the worktop installation timeline, for reasons beyond Nata Kitchens’ control, exceeds 6
(six) months from the date of contract signing, prices will be revised in accordance with the
manufacturers' recommended retail price lists.
6. Appliances
6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 The client may change their choice of appliances prior to approval of the final drawings for
production/manufacturing. Any costs arising from changes to appliance selection after the
kitchen has entered production are the sole responsibility of the Client.
At the time of ordering (after approval of the final drawings), appliance prices may be
updated in accordance with the manufacturers' current recommended retail price lists.
In order for appliances to be ordered, the award payment must be made upon signing of
the proposal, with the remaining balance paid by the Delivery Date. (Delayed payment and
the consequent delay in ordering may result in price increases, given market fluctuations.)
Appliances and accessories cannot be exchanged or returned. Exceptions apply in cases of
malfunction, or where the appliances supplied do not match those ordered.
Nata Kitchens only installs appliances that it supplies as part of the kitchen. Exceptionally,
should the client wish to reuse appliances previously used in another kitchen, Nata Kitchens
may carry out the installation. Such installation is subject to approval and carries an
additional cost, to be quoted separately.
Electrical connections and plumbing for appliances are the client's responsibility, to be
carried out by the relevant electrical/plumbing contractors. Nata Kitchens accepts no
responsibility for any damage caused by contractors engaged by the client.
Connection of the hob is the client's responsibility, and adjustment and/or replacement
of burners and injectors (for gas hobs), where necessary, is the responsibility of the
respective brand.
Technical support is the responsibility of the brand. All contact details required to request
technical support will be provided by Nata Kitchens after the appliances have been
installed and their correct operation verified.
NATA KITCHENS TERMS AND CONDITIONS
6.9 6.10 6.11 6.12 6.13 6.14 7. 7.1 7.2 7.3 Flexible ducting for extractor hood or chimney hood connection is not included, and its
installation is the client's responsibility.
The connection cable for hobs with a built-in extraction system is not included.
Once the kitchen Delivery Date has been scheduled, the client must proceed with payment
of the balance and payment for appliances. If payment is not received, delivery will be
suspended until full payment for all appliances and the balance has been confirmed.
Additional costs for specialist equipment required for the transport, distribution and
installation of appliances and/or worktops, such as cranes, special transport vehicles,
platforms, etc., as well as any authority charges related to traffic and pedestrian safety, are
the sole responsibility of the client.
Nata Kitchens accepts no responsibility for delays in the delivery of appliances and
accessories resulting from the brands' own stock shortages.
Appliance deliveries are made directly by the brand to the client via courier. Nata Kitchens
does not store appliances. Should the client be unavailable to receive the appliances at the
property, the client must make the necessary arrangements.
Scope of Work & Dry Fitting
The scope of work carried out by Nata Kitchens under this contract is limited to the supply,
delivery, and installation (fitting) of the furniture, cabinetry, worktops, and appliances as set
out in the agreed specification.
For the avoidance of doubt, Nata Kitchens’ installation constitutes a 'dry fit' only, meaning:
(a) furniture units and cabinetry will be physically installed and secured in position;
(b) appliances will be positioned and mechanically connected where applicable;
(c) electrical connections (including connection to the mains supply) are not included
and are the sole responsibility of the Client's appointed electrician;
(d) plumbing connections (including connection to the mains water supply, drainage,
and waste) are not included and are the sole responsibility of the Client's
appointed plumber;
(e) gas connections (including connection of hobs or any gas appliances) are not
included and must be carried out by a Gas Safe registered engineer appointed by
the Client.
The kitchen will not be fully operational (i.e., connected to water, waste, electricity, or gas)
at the point of handover by Nata Kitchens unless otherwise expressly agreed in writing.
NATA KITCHENS TERMS AND CONDITIONS
7.4 Nata Kitchens accepts no responsibility for any loss, damage, or inconvenience arising
from the Client's failure to arrange timely completion of the electrical, plumbing, or
gas connections.
8. Data Protection
8.1 8.2 8.3 8.4 8.5 8.6 Nata Kitchens is committed to protecting the personal data of its Clients in accordance with
the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
Personal data collected in connection with this contract (such as the Client's name, address,
contact details, and payment information) will be used solely for the purposes of:
(a) performing the obligations under this contract;
(b) communicating with the Client regarding the project;
(c) processing payments;
(d) complying with any legal or regulatory obligations.
Nata Kitchens will not share the Client's personal data with any third party except where
necessary for the performance of this contract (such as delivery companies, worktop
suppliers, or appliance manufacturers) or where required by law.
Personal data will be retained for as long as necessary to fulfil the purposes for which it was
collected, and in any event for a minimum of 6 years from the date of the last transaction,
in accordance with HMRC requirements.
The Client has the right to access, rectify, or request erasure of their personal data by
contacting Nata Kitchens at hello@natakitchens.com.
For full details, please refer to Nata Kitchens’ Privacy Policy, available on request.
9. Dispute Resolution
9.1 9.2 In the event of any dispute arising out of or in connection with this contract, the parties
shall first attempt to resolve the matter informally by contacting Nata Kitchens at
hello@natakitchens.com. Nata Kitchens will acknowledge any complaint within 5 working
days and endeavour to provide a full response within 14 working days.
If the dispute cannot be resolved informally, the parties agree to consider alternative
dispute resolution (ADR) before commencing legal proceedings. ADR options include
mediation and arbitration, and Nata Kitchens will provide details of an appropriate ADR
provider upon request.
NATA KITCHENS TERMS AND CONDITIONS
9.3 9.4 Nothing in this clause shall prevent either party from seeking urgent interim relief from a
court of competent jurisdiction.
Consumers may also refer unresolved disputes to an appropriate certified ADR provider or
to the courts. Information about ADR options for consumers is available from the Citizens
Advice Bureau.
10. Force Majeure
10.1 10.2 10.3 Nata Kitchens shall not be in breach of this contract, nor liable for any failure or delay in the
performance of any of its obligations under this contract, where such failure or delay results
from events, circumstances, or causes beyond its reasonable control, including but not
limited to:
(a) acts of God, flood, drought, earthquake, or other natural disaster;
(b) epidemic or pandemic;
(c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war;
(d) nuclear, chemical, or biological contamination or sonic boom;
(e) any law or any action taken by a government or public authority;
(f) collapse of buildings, fire, explosion, or accident;
(g) any labour or trade dispute, strikes, industrial action, or lockouts;
(h) non-performance by suppliers or subcontractors due to any of the above
causes; and/or
(i) interruption or failure of utility services.
If a force majeure event occurs, Nata Kitchens will notify the Client as soon as reasonably
practicable and will use all reasonable endeavours to minimise the effect of the event and
resume performance as soon as possible.
If the period of delay or non-performance continues for more than 90 (ninety) days, either
party may terminate this contract on 14 days'
written notice, without liability to the other,
save that Nata Kitchens shall refund any amounts paid by the Client for goods or services
not yet delivered or performed.
11. Insurance
11.1 Nata Kitchens maintains the following insurance cover:
NATA KITCHENS TERMS AND CONDITIONS
11.2 (a) (b) Public Liability Insurance: providing cover of not less than £2,000,000 per occurrence;
Employer's Liability Insurance: as required by the Employers' Liability (Compulsory
Insurance) Act 1969.
Evidence of Nata Kitchens’ insurance cover is available upon written request.
12. VAT
12.1 12.2 12.3 All prices quoted by Nata Kitchens are exclusive of Value Added Tax (VAT) unless expressly
stated otherwise.
VAT will be charged at the rate applicable at the time of supply and will be shown
separately on all invoices.
Nata Kitchens’ VAT registration number is: 507064805.
13. Deposit Protection & Refunds
13.1 13.2 13.3 In the event that Nata Kitchens is unable to fulfil its obligations under this contract due to
its own default, insolvency, or cessation of business, Nata Kitchens shall refund all deposits
and advance payments made by the Client within 30 days.
Where the Client has paid a deposit and Nata Kitchens cancels the contract for reasons not
attributable to the Client (other than in the case of Clause 10 (Force Majeure)), Nata
Kitchens will refund the full deposit within 14 days.
Where the Client cancels the contract after production has commenced, Nata Kitchens
reserves the right to retain such portion of the deposit as is necessary to cover reasonable
costs already incurred, including design, materials, and labour costs up to the date of
cancellation. Nata Kitchens will provide the Client with a written breakdown of costs
retained on request.
14. Limitation of Liability
14.1 Nata Kitchens’ total aggregate liability to the Client under or in connection with this
contract, whether arising in contract, tort (including negligence), breach of statutory duty, or
otherwise, shall not exceed the total price paid by the Client under this contract.
NATA KITCHENS TERMS AND CONDITIONS
14.2 14.3 Nata Kitchens shall not be liable to the Client for any of the following types of loss, whether
direct, indirect, or consequential, even if foreseeable or if Nata Kitchens has been advised
of the possibility of such losses:
(a) loss of profit, revenue, or anticipated savings;
(b) loss of business or business opportunity;
(c) loss of use of property;
(d) loss of goodwill or reputation; or
(e) any indirect or consequential loss whatsoever.
Nothing in these terms shall limit or exclude Nata Kitchens’ liability for:
(a) death or personal injury caused by its negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any matter in respect of which it would be unlawful to exclude or restrict liability
under applicable law.
15. Miscellaneous
15.1 Consumer Rights
15.2 (a) Where the Client is a consumer (an individual contracting for purposes wholly or
mainly outside of any trade, business, or profession), these terms are subject to and
do not affect the Client's statutory rights under the Consumer Rights Act 2015.
(b) Nothing in these terms shall be construed as excluding or restricting any rights the
Client may have as a consumer under applicable UK legislation. Any clause that
purports to do so shall be void to the extent of any inconsistency.
Right to Cancel (Consumer Contracts)
(a) Where this contract is concluded away from Nata Kitchens’ business premises
(including at the Client's home or online) and the Client is a consumer, the Client has
the right to cancel this contract within 14 (fourteen) calendar days without giving any
reason, in accordance with the Consumer Contracts (Information, Cancellation and
Additional Charges) Regulations 2013.
(b) The cancellation period expires 14 calendar days after the day on which this contract
is entered into.
NATA KITCHENS TERMS AND CONDITIONS
(c) To exercise the right to cancel, the Client must inform Nata Kitchens of their decision
by a clear, unambiguous statement (e.g., a letter sent by post or email to
hello@natakitchens.com). The Client may use the model cancellation form provided
at the end of these supplementary terms, but this is not obligatory.
(d) If the Client requests that services begin during the cancellation period, the Client
acknowledges that they will be required to pay Nata Kitchens for any services
provided up to the point of cancellation.
(e) Where goods have been specifically manufactured or ordered to the Client's
bespoke specifications, the right to cancel may not apply once production
has commenced.
15.3 Health & Safety
(a) Nata Kitchens shall comply with all applicable health and safety legislation in the
performance of its obligations under this contract, including but not limited to:
(i) the Health and Safety at Work etc. Act 1974;
(ii) the Management of Health and Safety at Work Regulations 1999;
(iii) the Construction (Design and Management) Regulations 2015 (CDM 2015),
where applicable.
(b) Nata Kitchens’ installation team will carry out a brief site assessment prior to
commencing work. If the site is deemed unsafe or does not meet the requirements
for safe working, Nata Kitchens reserves the right to postpone installation until the
Client has remedied the relevant conditions. Any additional costs arising from such a
postponement shall be the Client's responsibility.
(c) The Client is responsible for ensuring that the installation site complies with all
applicable health and safety requirements and is safe for Nata Kitchens’ personnel to
work in, including:
(i) adequate lighting and ventilation;
(ii) clear and safe access routes to the installation area;
(iii) removal of hazards, trip risks, or other materials that may impede safe working;
(iv) notification to Nata Kitchens of any known site-specific hazards in advance.
15.4 Assignments and transfers by the Nata Kitchens
(a) The Nata Kitchens may at any time assign all of its rights or transfer by novation all of
its rights and obligations to an Affiliate or Related Fund, to another bank or financial
institution or to a trust, fund or other entity which is regularly engaged in or
NATA KITCHENS TERMS AND CONDITIONS
established for the purpose of making, purchasing or investing in loans, securities or
other financial assets.
(b) Each Client consents to the assignments and transfers of rights and obligations
permitted under and made in accordance with this Clause 10.1.
15.5 Changes to the Client
Subject to obtaining the Nata Kitchens’s prior written consent, the Client may assign any of
its rights or transfer any of its rights or obligations under the T&Cs.
15.6 Conduct of business by the Nata Kitchens
No provision of this Agreement will:
(a) interfere with the right of the Nata Kitchens to arrange its affairs (tax or otherwise) in
whatever manner it thinks fit;
(b) oblige the Nata Kitchens to investigate or claim any credit, relief, remission or
repayment available to it or the extent, order and manner of any claim; or
(c) oblige the Nata Kitchens to disclose any information relating to its affairs (tax or
otherwise) or any computations in respect of tax.
15.7 Payment mechanics
(a) On each date on which an Client is required to make a payment under a T&C, that
Client shall make the same available to the Nata Kitchens (unless a contrary
indication appears in a T&C) for value on the due date at the time and in such funds
specified by the Nata Kitchens as being customary at the time for settlement of
transactions in the relevant currency in the place of payment.
(b) Payment shall be made to such account in the principal financial centre of the country
of that currency with such bank as the Nata Kitchens specifies.
15.8 Set-off
(a) (b) All payments to be made by an Client under the T&Cs shall be calculated and be
made without (and free and clear of any deduction for) set-off or counterclaim.
Nata Kitchens may set off any matured obligation due from an Client under the T&Cs
against any matured obligation owed Nata Kitchens to the Client, regardless of the
place of payment, booking branch or currency of either obligation. If the obligations
are in different currencies, Nata Kitchens may convert either obligation at a market
rate of exchange in its usual course of business for the purpose of the set-off.
NATA KITCHENS TERMS AND CONDITIONS
15.9 Business Days
Any payment under the T&Cs which is due to be made on a day that is not a Business Day
shall be made on the next Business Day in the same calendar month (if there is one) or the
preceding Business Day (if there is not).
15.10 Currency of account
(a) Subject to paragraphs (b) and (c) below, sterling is the currency of account and
payment for any sum due from a Client under any T&C.
(b) Each payment in respect of costs, expenses or taxes shall be made in the currency in
which the costs, expenses or taxes are incurred.
(c) Any amount expressed to be payable in a currency other than Sterling shall be paid
in that other currency.
16. Notices
16.1 Communications in writing
Any communication to be made under or in connection with the T&Cs shall be made in
writing and, unless otherwise stated, may be made by email or letter.
16.2 Addresses
The address and email address (and the department or officer, if any, for whose attention
the communication is to be made) of each Party for any communication or document to be
made or delivered under or in connection with the T&Cs is:
(a) in the case of the Client, that identified with its name in the signature block
below; and
(b) in the case of the Nata Kitchens, that identified with its name in the signature
block below,
or any substitute address or email address or department or officer as each Party may notify
to the other Parties, by not less than five Business Days’ notice.
16.3 Delivery
(a) Any communication or document made or delivered by one person to another under
or in connection with the T&Cs will only be effective:
(i) if by way of email, when received in legible form; or
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(ii) if by way of letter, when it has been left at the relevant address or five Business
Days after being deposited in the post postage prepaid in an envelope
addressed to it at that address; and, if a particular department or officer is
specified as part of its address details provided under Clause 11.2 (Addresses),
if addressed to that department or officer.
(b) Any communication or document to be made or delivered to the Nata Kitchens will
be effective only when actually received by the Nata Kitchens and then only if it is
expressly marked for the attention of the department or officer identified with the
Nata Kitchens’s signature below (or any substitute department or officer as the Nata
Kitchens shall specify for this purpose).
(c) Any communication or document made or delivered to the Client in accordance with
this Clause will be deemed to have been made or delivered to the Client.
(d) Any communication or document which becomes effective, in accordance with
paragraphs (a) to (c) above, after 5:00 pm in the place of receipt shall be deemed
only to become effective on the following day.
16.4 Electronic communication
(a) Any communication to be made between the Clients and the Nata Kitchens under or
in connection with the T&Cs may be made by electronic mail or other electronic
means (including, without limitation, by way of posting to a secure website) if the
Clients and the Nata Kitchens:
(i) notify each other in writing of their electronic mail address and/or any other
information required to enable the transmission of information by that
means; and
(ii) notify each other of any change to their address or any other such information
supplied by them by not less than five Business Days’ notice.
(b) Any such electronic communication as specified in paragraph (a) above to be made
between an Client and the Nata Kitchens may only be made in that way to the extent
that the Client and the Nata Kitchens agree that, unless and until notified to the
contrary, this is to be an accepted form of communication.
(c) Any such electronic communication made between the Clients and the Nata Kitchens
will be effective when actually received (or made available) in readable form and in
the case of any electronic communication made by an Client to the Nata Kitchens
only if it is addressed in such a manner as the Nata Kitchens shall specify for
this purpose.
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(d) Any electronic communication which becomes effective, in accordance with
paragraph above, after 5:00 pm in the place in which the Party to whom the relevant
communication is sent or made available has its address for the purpose of this
Agreement shall be deemed only to become effective on the following day.
(e) Any reference in a T&C to a communication being sent or received shall be
construed to include that communication being made available in accordance with
this Clause 11.4.
16.5 English language
(a) Any notice given under or in connection with any T&C must be in English.
(b) All other documents provided under or in connection with any T&C must be:
(i) in English; or
(ii) if not in English, and if so required by the Nata Kitchens, accompanied by a
certified English translation and, in this case, the English translation will prevail
unless the document is a constitutional, statutory or other official document.
17. Calculations and Certificates
17.1 Accounts
In any litigation or arbitration proceedings arising out of or in connection with a T&C, the
entries made in the accounts maintained by Nata Kitchens are prima facie evidence of the
matters to which they relate.
17.2 Certificates and determinations
Any certification or determination by Nata Kitchens of a rate or amount under any T&C is,
in the absence of manifest error, conclusive evidence of the matters to which it relates.
17.3 Day count convention
(a) Any interest, commission or fee accruing under a T&C will accrue from day to day
and is calculated on the basis of the actual number of days elapsed and a year of 360
days or, in any case where the practice in the relevant market differs, in accordance
with that market practice.
(b) The aggregate amount of any accrued interest, commission or fee which is, or
becomes, payable by the Client under a T&C shall be rounded to 2 decimal places,
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18. Partial invalidity
If, at any time, any provision of the T&Cs is or becomes illegal, invalid or unenforceable in
any respect under any law of any jurisdiction, neither the legality, validity or enforceability
of the remaining provisions nor the legality, validity or enforceability of such provision
under the law of any other jurisdiction will in any way be affected or impaired.
19. Remedies and waivers
No failure to exercise, nor any delay in exercising, on the part of the Nata Kitchens, any
right or remedy under the T&Cs shall operate as a waiver of any such right or remedy or
constitute an election to affirm any of the T&Cs. No election to affirm any T&C on the part
of the Nata Kitchens shall be effective unless it is in writing. No single or partial exercise of
any right or remedy shall prevent any further or other exercise or the exercise of any other
right or remedy. The rights and remedies provided in each T&C are cumulative and not
exclusive of any rights or remedies provided by law.
20. Amendments and waivers
Any term of the T&Cs may be amended or waived only with the consent of the Nata
Kitchens and the Clients and any such amendment or waiver will be binding on all Parties.
21. Counterparts
Each T&C may be executed in any number of counterparts, and this has the same effect as
if the signatures on the counterparts were on a single copy of the T&C.
22. Governing law
This Agreement and any non-contractual obligations arising out of or in connection with it
are governed by English law.
NATA KITCHENS TERMS AND CONDITIONS
23. Enforcement
23.1 Jurisdiction of English courts
(a) (b) (c) The courts of England have exclusive jurisdiction to settle any dispute arising out of
or in connection with this Agreement (including a dispute relating to the existence,
validity or termination of this Agreement or any non-contractual obligations arising
out of or in connection with this Agreement) (a “Dispute”).
The Parties agree that the courts of England are the most appropriate and
convenient courts to settle Disputes and accordingly no Party will argue to
the contrary.
This Clause 23 is for the benefit of the Nata Kitchens only. As a result, the Nata
Kitchens shall not be prevented from taking proceedings relating to a Dispute in any
other courts with jurisdiction. To the extent allowed by law, the Nata Kitchens may
take concurrent proceedings in any number of jurisdictions.

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