1 General
1.1 In these conditions 'The
Company' means UK Catering Equipment
Ltd. Unit 13, Kernick Business Park,
Annear Road, Penryn,TR10 9EW, and 'The
Customer' means the person, firm or
company contracting with The Company.
'The Goods' means any products,
machinery, equipment and services of all
kinds to be supplied by The Company.
1.2 These conditions of sale
will override any standard or other
terms or conditions referred to by The
Customer and will supersede all earlier
versions.
1.3 All quotations remain
commercial, in confidence and the
property of The Company. The Customer
must not pass such information to third
parties and on request must return all
such documents to The Company.
1.4 The Customer is
responsible for disposal of all
packaging materials and must do so in
accordance with all relevant
legislation.
2 Acceptance of
Orders
2.1 No binding contract shall
be deemed to have been effected until
confirmed in writing by The Company by
an acknowledgement of order. Quotations,
price lists and other publications of
The Company's shall not constitute
offers.
3 Description
3.1 Every effort is made to
ensure that the descriptions, technical
data and illustrations contained in
catalogues, leaflets and advertisements
are correct; however, they do not
constitute a sale by description. The
Company's policy is one of continuous
updating and improvement and The Company
reserves the right to supply Goods that
have been modified by design, finish or
specification, without notice.
4 Prices
4.1 Quotations and prices are
subject to withdrawal and alteration at
any time. The Company reserves the right
to revise prices without notice and the
invoice price payable, unless otherwise
agreed in writing, shall be that ruling
at the date of dispatch.
4.2 Prices are exclusive of
VAT and other sales taxes and do not
include the cost of delivery,
off-loading, location, erection and
connection unless otherwise agreed in
writing. Installation work, which can be
undertaken at The Customers request, is
subject to a separate quotation.
5 Delivery
5.1 The Company will deliver
as near as possible to The Customers
premises as a safe hard road permits.
5.2 Time of delivery is not of
the essence. Whilst every effort is made
to adhere to delivery estimates, The
Company shall not be liable for any
losses, costs, damages or expenses,
however arising, suffered by The
Customer or any other person or company.
5.3 Any carriage costs
incurred by The Company when delivering
The Goods to The Customer will be
charged to the customer unless otherwise
stated in writing. All light goods
orders with a net value of £150 or less
will be subject to a carriage charge of
£4 net. Deliveries outside mainland
Great Britain normally incur an
additional charge.
6 Payment
6.1 The Company's standard
terms are strictly payment with receipt
of order. Any variation in terms will be
agreed in writing before despatch of the
Goods. If variation in terms is agreed
and payment is not received in full when
due, The Company reserves the right to
cancel any discounts applied to the
invoice/statement and charge interest on
the unpaid amount at a rate of 4% above
Lloyds TSB Bank plc base lending rate.
This entitlement to interest does not
preclude The Company from the right to
pursue any other right or remedy to
collect said payment and to suspend all
further deliveries without notice. Any
costs incurred by The Company in
collecting said payment will be charged
to The Customer.
7 Claims For
Damage In Transit, Shortage In Delivery
Or Loss Of Goods
7.1 If Goods are accepted from
a carrier without prior checking, or
signed for 'unexamined', no claim
whatsoever can be accepted by The
Company. It is the responsibility of The
Customer to inspect the goods
immediately, sign the delivery note
accordingly and inform The Company
immediately of any alleged damage or
shortages. The Company has no liability
for any damage caused during
off-loading.
7.2 No claim for damage in
transit or shortage in delivery will be
considered unless immediate notice is
given verbally and in writing both to
the carrier and to The Company within
three days of receipt of the Goods,
followed by a more detailed claim within
ten days of receipt of the Goods. Any
Goods in respect of which The Customer
makes a claim must be preserved by The
Customer intact as delivered and at
his/her risk for a period of ten working
days from the date of notification in
order to enable The Company or its agent
to inspect the Goods. No Goods returned
to The Company will be accepted without
prior written authorisation. A breach of
these conditions shall debar The
Customer from making any claim.
7.3 The Company will not
accept responsibility for any damage
incurred resulting from the movement of
The Goods into or within The Customers
premises. In the event of such a
possibility arising, The Customer should
seek the advice of The Company.
8 Property And
Risk
8.1 Risk in the Goods shall
pass to The Customer when the Goods are
delivered to or collected by The
Customer or its agent.
8.2 Until full payment has
been made, The Customer holds the Goods
in trust for The Company and is
responsible for keeping the Goods
separate from any other assets and in a
state of good repair.
9 Warranty And
Limits Of Liability
9.1 The Company warrants that
(subject to the other provisions of
these terms and conditions) upon
delivery, the Goods will, for a period
of 12 months from the date of invoice
for such Goods, be of satisfactory
quality under the Sale of Goods Act
1994. Save for the condition implied by
the Sale of Goods Act section 12, all
other warranties or conditions or other
terms whether express or implied by
statute, common law custom or otherwise
are hereby excluded.
9.2 Where there is a breach of
warranty as set out in clause 9.1 The
Company undertakes, given reasonable
opportunity and time, to rectify the
Goods or to replace free of charge. The
Company shall not be liable for a breach
of clause 9.1 unless: -
9.2.1 The Goods have been
installed correctly by a qualified
person in accordance with the
manufacturers recommendations and all
regulations and by-laws appertaining at
the time.
9.2.2 The Goods have been
properly maintained and cleaned
regularly.
9.2.3 No misuse of the Goods
has taken place and the operating
instructions as to storage,
installation, commissioning, use or
maintenance has been properly adhered
to.
9.2.4 The Goods have been used
for the purpose for which they were
originally designed.
9.2.5 No unauthorised
alterations to design or usage have been
implemented or the defect in the Goods
does not arise from any design defect in
any drawing, design or specification
provided by The Customer.
9.2.6 The Goods must have been
correctly and regularly serviced during
the warranty period by an authorised
service agency.
9.2.7 No repair or alteration
work has been carried out on the Goods
without the express authority of The
Company.
9.2.8 The Customer gives
written notice of the defect to The
Company and if the defect is as a result
of damage in transit, to the carrier,
within 3 days of:
(i) the date of delivery (where the
defect would be apparent to The Customer
on reasonable inspection )
or
(ii) the date when The Customer knew
or ought reasonably to have known of the
defect (if not apparent on a reasonable
inspection)
9.3 The warranty in clause 9.1
does not extend to cover breakages of
glass, refractory bricks, light bulbs,
tubes and plaques under whatever
circumstance or failures of expendable
items which may be regarded as being due
to fair wear and tear or any other
failure out of the control of the
manufacturer.
9.4 If the warranty is in any
other way different to that in Clause
9.1 The Company shall agree this in
writing before despatch of the Goods.
9.5 If The Company complies
with its obligations in Clause 9.1 it
shall have no further liability for a
breach of warranty in Clause 9.1 in
respect of the quality of such goods.
9.6 All Goods replaced will
belong to The Company and any repaired
or replacement Goods will be guaranteed
on these terms and conditions for the
remaining portion of the warranty period
from the date of the original invoice to
The Customer.
9.7 The Company reserves the
right to carry out any work under
warranty during normal working hours,
i.e. Monday to Friday, 8.30a.m.-5.00p.m.
If The Customer requests repair work
outside the stipulated working times,
premium time rates will apply.
9.8 Work will only be
undertaken by The Company in respect of
an alleged breach of warranty if The
Customer first requests such work to be
undertaken in writing. The Customer
undertakes to indemnify The Company for
any costs, claims, damages or expenses
incurred in respect of any work
undertaken by The Company as instructed
by The Customer which is found not to
have been due to breach of warranty as
set out in Clause 9.1 or where the
conditions detailed in Clause 9.2 above
have not been adhered to.
9.9 The provisions of this
Clause 9 set out the entire liability of
The Company (including any liability for
the acts or omissions of its employees,
agents and subcontractors) to The
Customer in respect of any breach of
these terms and conditions and any
representation, statement or tortious
act or omission including negligence
arising under or in connection with
these terms and conditions.
9.10 Nothing in these terms
and conditions excludes or limits the
liability of The Company for death or
personal injury caused by The Company's
negligence or fraudulent
misrepresentation.
9.11 The Purchaser's Attention
Is In Particular Drawn To The Provisions
Of This Clause 9.11 Subject to clauses
9.1 and 9.10:
9.11.1 The Company's total
liability in contract, tort (including
negligence or breach of statutory duty)
misrepresentation or otherwise arising
in the connection with the performance
or contemplated performance of the
contract shall be limited to the
contract price: and
9.11.2 In no circumstances
whatsoever shall The Company be liable
to The Customer whether for breach of
contract, in tort (including but not
limited to negligence), breach of
statutory duty, breach of warranty or
otherwise for loss of profit, loss of
use, loss of business, loss of goodwill,
loss of contracts or any other economic,
financial or monetary loss whatsoever
that may be suffered by The Customer or
for any other indirect or consequential
loss whatsoever.
10 Trade Marks
And Patents
10.1 Goods are supplied on
condition that if re-sold by The
Customer they are sold under the
original trademark and brand name and to
the same specification. The Customer
shall indemnify The Company against all
losses, damages, penalties, costs and
expenses resulting from any
infringements or modifications.
11 Force Majeure
11.1 The Company will not be
under any liability whatsoever for non
performance of its obligation, in whole
or in part, as a result, directly or
indirectly, of any strike, lock out,
fire, flood, inability to obtain
material, breakdown, delay, war,
insurrection, government act or
regulation or any other cause (whether
or not of a like nature) beyond The
Company's control.
12 Cancellation
12.1 The Company reserves the
right to implement a re-stocking charge
of 25% of the price of the Goods, plus
carriage costs incurred if The Customer
cancels an order and returns the Goods.
12.2 Under no circumstances
can The Customer cancel an order for
non-stock or bespoke products as these
items are non-returnable.
13 Governing Law
13.1 The terms and conditions
of sale shall in all respects be
governed and construed in accordance
with English Law. |
