No order received from a customer by the Company and no purported variation of these terms shall constitute a contract until accepted in writing by the Company. The company reserves the right to refuse any order, including subsequent to the sending of an order acknowledgement email.
Payment must be received for the whole of the price of the Goods you order, and any applicable charges for carriage and insurance, before your order can be delivered.
No payment shall be deemed to have been received, until the Company has received cleared funds.
Payment is required prior to delivery of the goods. For so long as any amount to be paid for goods remains owing to The Company, title to the goods will remain with The Company and will not pass to The Customer until the full payment has been received, subsequent orders and deliveries will be refused until such payment is received. Delivery
Delivery periods and dates are given in good faith, but are not the subject of any warranty or condition, and time shall not be of the essence of the contract in these respects. No liability will attach to the Company if delivery periods or dates are not met for any reason whatsoever. Please advise us of any non delivery and confirm in writing to enable us to claim under the carriers terms. In the unlikely avent of any shortage or damage on delivery - this must be signed for by you the customer as damaged when delivered and it is your responsibility to check the goods on arrival, as shipping companies do not accept late claims. Please contact us immediatley if this occurs before releasing goods.
Prices quoted by the Company are current as they appear on the site but we reserve the right to make adjustments if necessary due to currency fluctuations, raw material or factory increases. Unless otherwise stated, all prices are exclusive of any applicable value added tax,and 2.5% surcharge for credit card payment for which the customer shall be additionally liable to the Company.
The Company warrants that all new goods supplied by it will correspond to their specification and will be free from defects in materials or workmanship for a period of 12 months from the date of delivery - parts only. This policy excludes refrigeration sales which you have the option to buy additional 12 months on site labour warranty at an additional cost which must be confirmed and paid for when purchasing. The Company's obligation in the event of a breach of this warranty is limited to the repair or replacement of any defective parts, which shall be returned to the Company by the customer at the customers expense, once resolved the customer (you which purchased) must organise collection of your equipment (this does not affect refrigeration where parts will be shipped to customer). This warranty is given in lieu of all other warranties or conditions expressed or implied (whether by statue or otherwise) and is subject to the following conditions: 12 MONTHS PARTS ONLY WARRANTY EXCLUDES - WATER DAMAGE TO ELECTRICS, MISUSE, ACCIDENTAL DAMAGE & CONSUMABLE PARTS. This warranty does not cover used equipment which is sold as seen in good working order unless otherwise agreed in writing.
IMPORTANT NOTES: REFRIGERATION
Exeptions to refrigeration parts warranty are as follows and are not guaranteed:
1) Fabrication / Cosmetic items not notified as damaged at time of installation / supply
2) Shelves / Baskets / Trays / Pans
3) Light bulbs / tubes
4) Consumable items ie GAS / Breakables ie Glass
5) Warranty becomes invalid if non - approved parts fitted
6) Use of equipment other than its designed purpose will invalidate the warranty
7 All claims are to be submitted with complete qualified service engineers documentation report
8 Any claims made for faults under additional onsite warranty which are found to be non mechanical or electrical due to customer negligence, misuse, or operator error you hereby agree that you the customer are liable for, and accept that you will be charged for time & labour @ £150.00 + VAT first hour plus additional £65.00 + VAT per hour after. These charges also apply to travel to and from destination. We would strongly advise that you contact us for technical advise as this may well be an often simple and less costly solution.
The Company shall be under no liability in respect of any defect in the goods arising from any drawing, design or specification supplied by the customer.
The Company shall be under no liability if the defect or failure, in the reasonable opinion of the Company, arises from wilful damage or misuse, negligence by the customer or any third party, failure to follow the Company's instructions, or alteration or repair of the goods without the Company's prior approval.
The Company shall be under no liability if the price for the goods has not been paid by the due date for payment.
The above warranty does not extend to parts, materials or equipment not manufactured by the Company, in respect of which the customer shall be entitled only to benefit of any such warranty or guarantee as is given by the manufacturer to the Company.
Except in the case of death or personal injury caused by the Company's negligence, the Company shall not be liable for any consequential loss or damage (whether for loss of profit or otherwise) or other claims for consequential compensation.
A restocking charge of 40% of the goods or £40 whichever is the greater will apply to any orders returned having been ordered in error.
Aborted delivery charges for refrigeration due to customers failure to measure access correctly, site not cleared for equipment placement, or mis-information about access will also incur a 40% restocking charge or re-delivery charge which will be quoted dependant on the size of equipment ordered.
Failure to pay re-delivery charge will end in 40% restocking charge.
Used Equipment
Used equipment is sold as seen and may or will have superficial damage due to general usage which is to be expected and therefore will not be relavent for any type of claim of superficial damage. Used machines will be checked and may be reconditioned when deemed necessary for working purposes and released in full working order from dispatch. We would advise you to view used equipment physically in person if you have any doubts to our description or specification of equipment before purchase as you the customer are responsible for return of goods and any carriage charges that may apply should you wish to return the item. We describe our used machines as accurately as we deem is relavent for internet distance selling and all used machinery leaves our premises in full working order. Any further advice please contact our sales office.
Used machinery is sold on a first to pay, first served basis and will not be reserved for anyone purely enquiring and unwilling to commit to purchase.
The risk in the goods shall pass to the customer on delivery to the customer or (if earlier) when possession of the goods is taken by a carrier for delivery to the customer.
The Company shall not be liable to the customer, or deemed to be in breach of any contract with the customer, by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the goods. If the delay or failure was due to force majeure or to any other cause beyond the Company's reasonable control.
The goods sold under these Conditions shall remain the absolute property of the Company and legal title in the goods shall remain vested in the Company until payment in full of all amounts invoiced or due to the Company in respect of the Goods, or until the goods are resold by the customer, whichever shall first occur. If the customer shall enter into liquidation, have a winding-up order made against it, or have a receiver, administrator or administrative receiver appointed over its assets, income or any part thereof before the property in the Goods has passed in accordance with this condition, the Company shall be entitled, immediately after giving notice of its intention to repossess the goods, to enter upon the premises of the customer with such transport as may be necessary and to repossess any Goods to which it has title under this condition. No liquidator, receiver, administrator administrative receiver of the Customer shall have authority to sell goods to which the Company has title without the prior written consent of the Company
Until such time as the property in and legal title to the Goods passes to the Customer, the Customer shall hold the Goods as the Company's fiduciary agent and bailey and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected, insured and identified as the Company's property. Until that time, the customer shall be entitled to resell or use the Goods in ordinary course of its business, but shall account to the Company for the proceeds of sales of the Goods, including insurance proceeds, and shall keep all such proceeds separate from any moneys of the customer and of third parties.
The Customer shall not be entitled to pledge or charge, by way of security for any indebtedness, any of the goods which remain the property of the Company but, if the Customer does so, all moneys owing by the Customer to the Company shall (without prejudice to any other right or remedy of the reseller) forthwith become due and payable.
The Company shall be entitled to maintain an action for the price of the goods notwithstanding that title in them has not passed to the customer.
If the customer, being a body corporate, shall pass a resolution or suffer an order of the Court to be made for winding-up, or if a receiver, administrator or administrative receiver shall be appointed or, being an individual or partnership, shall suspend payment, propose or enter into any composition or arrangement with his or their creditors, or have a bankruptcy order made against him or them, then the Company shall have the right, without prejudice to any other contract with the customer, not to proceed further with the contract, and shall be entitled to charge for work already carried out (whether completed or not) and for goods and materials already purchased for the customer, such charge to be an immediate debt due from the customer.
The acceptance of a quotation includes the recognition by the customer of the right of the Company under any patent rights, trademarks, registered designs or other intellectual property rights relating to the goods, and the customer undertakes that patent numbers, trademarks or other trade markings on goods supplied shall not be obliterated, altered or defaced.
These conditions shall be governed by and construed in accordance with English Law and the parties acknowledge the exclusive jurisdiction of the English Courts