CATERINGBASE LTD STANDARD TERMS AND CONDITIONS OF SALE
In these Terms and Conditions: “the Supplier” means CateringBase “the Customer” means the person ordering Goods from the Supplier. “the Goods” means the Goods supplied by the Supplier to the Customer.
1. ORDERS
1.1 All orders are subject to these terms and conditions.
1.2 The Supplier reserves the right to decline any order.
1.3 Where Goods have been specially ordered to the Customer’s specification payment of 100% of the total price is due with order and this is non-refundable.
1.4 The Customer is responsible for checking the measurements and suitability of the Goods before ordering and ensuring that they are capable of delivery to and installation in the Customer’s property.
1.5 Goods are not sold on a trial basis nor on sale or return and Customers must check specifications and suitability before ordering. The Supplier does not warrant the suitability of goods for specific applications.
1.6 Goods which are a special order to be placed by the supplier to its manufacturer shall be subject to these conditions of business plus the following terms and conditions:-
(i) Payment for goods ordered for specific manufacture shall be paid for in advance.
(ii) No liability attaches to the Supplier for the progress of such order without full advance payment by the Customer.
(iii) As supply of the Goods is dictated by the manufacturers factory ordering system the Supplier has no inability to the Customer in respect of any delay in production and supply occasioned by the manufacturer.
(iv) All time estimates for delivery are thus approximate and whilst every reasonable effort will be made to comply with such estimate no responsibility for delay can be accepted if beyond the Suppliers control.
(v) No refunds of any money paid for Goods to be specifically manufactured can be made as the Supplier incurs liabilities to the manufacturer upon placing the specific order for production.
2. PRICE
2.1 All prices quoted exclude VAT and installation charges; these will be added to the invoice (where applicable).
2.2 Carriage of Goods is free to mainland UK unless otherwise stated by the Supplier; carriage charges will be payable for delivery elsewhere.
2.3 The Supplier reserves the right to change the advertised price before acceptance of an order.
3. DELIVERY
3.1 Full delivery prices and options are listed on the CATERINGBASE Ltd website subject to change from time to time.
3.1 The Supplier will use its reasonable efforts to deliver the Goods promptly. However the Supplier uses independent carriers and cannot guarantee time or date of delivery. Deliveries on Saturdays or at other specific times or locations outside mainland UK are subject to extra charges. Such charges are subject to quotation. Delivery times given are estimates only and cannot be held liable for any loss or damage due to delay in delivery.
3.2 The Customer must examine the Goods on delivery and before the carrier leaves the Customer’s premises and if there is any damage the Customer must either refuse delivery or clearly specify damage on the delivery note. Otherwise the Supplier shall have no liability for any (if the Supplier’s agrees) he may return the Goods on payment of a re-stocking charge of 25% of the total invoiced cost of Goods provided that they are returned intact in their original packaging and unopened and in a saleable condition. This Clause does not apply to any Goods specifically ordered for manufacture for the Customer where Clause 1.6 then terms only shall apply.
3.3 Goods delivered are used, stored and installed at the Customer's own risk and CATERINGBASE Ltd will not be liable for any damage, loss or disruption caused by the same.
3.4 All large machinery, refrigeration and flat packed Goods are delivered to the front door of ground floor locations only. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at Customer's sole risk.
4. PAYMENT/TITLE
4.1 Payment for the Goods should be made either:-
(a) By cheque or credit card or bankers’ draft to: CateringBase Ltd
(b) By direct debit transfer to: Account Name: CATERINGBASE Ltd HSBC Bank plc, 130 New Street, Birmingham, B2 4JU Sort Code: 40-11-18 Account No: 14605926
4.2 Payment must be made with the order prior to delivery unless a credit account has been established by Supplier for the Customer. Delivery is subject to cheque clearance.
4.3 Where the Customer has a credit account payment is due 30 days from delivery of the Goods; interest is payable on overdue accounts at a rate of 8% per annum over the base rate of HSBC Bank Plc in accordance with the Late Payment of Commercial Debt (Interest) Act and Regulations.
4.4 Title to the Goods shall not pass to the Customer until all sums due at any time and on any account to the Supplier have been paid. In such circumstances the Customer is a mere bailee of the Goods for the Supplier until payment of all sums due. In default of payment the Supplier shall have the right to collect the Goods from wherever they are located and the Customer holds any sole Goods supplied to the order of the Supplier.
5. GUARANTEE
5.1 The Supplier undertakes to use reasonable endeavours to ensure that the Goods are supplied as advertised. The Supplier reserves the right to supply alternative Goods equivalent to those advertised or specified
5.2 The Goods are supplied at competitive prices and thus (dependent upon the price), the Goods are supplied with either:-
5.2.1 A parts-only warranty whereby the Supplier will be liable to replace defective parts within 12 or 24 months from the date of delivery of the Goods (but excluding the cost of installation of such parts) or
5.2.2 A parts and labour warranty whereby the Supplier will be liable to replace defective parts plus supplying of labour to repair the defective part within 12 or 24 months from the date of delivery of the Goods. The Suppliers invoice will state whether the Goods are subject “to parts warranty only” or “parts and labour warranty”.
5.2.3 The Supplier shall carry out the warranty work as soon as practicable but shall not be required to carry out work in evenings or at weekends or on Bank Holidays
5.3 The Customer cannot claim the benefit of the warranty in Clause 5.2 unless:-
5.3.1 The Customer informs the Supplier of the defect within 7 days of discovering it; and
5.3.2 In respect of “a parts only” warranty the Customer either returns the defective part to the Supplier (at the Customer’s own expense and risk) or (by prior agreement of the Supplier) pays for the new part and returns the defective part to the Supplier on which a refund will be made;
5.3.3 Where a “parts and labour” warranty is given, the Goods are repaired by a qualified person appointed or agreed by the Supplier and the cost of such repair is agreed beforehand by the Supplier in writing.
5.4 The warranty in Clause 5.2:
5.4.1 Only covers defect caused by faulty manufacture, materials or workmanship. It does not cover defects caused by unsuitable storage conditions or processing, abnormal use, misuse or neglect or installation by unauthorised or unqualified personnel;
5.4.2 Is personal to the Customer and cannot be transferred.
5.4.3 Does not apply where Goods have been removed or re-installed subsequent to first installation unless such removal or reinstallation has been carried out by a qualified person previously authorised by the Supplier in writing.
5.4.4 In the case of all LPG Catering Equipment, all gas powered appliances not permanently installed in a static non-combustible structure incorporating concrete or brick foundations in which case the Company’s obligation under this condition is limited to the supply of free spare parts only; within a period of 24 months from the date of delivery. The warranty may be withdrawn if the equipment has not been installed and maintained as per the manufacturer’s instructions.
5.5 The Supplier shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit, revenue, business, goodwill) suffered by the Customer howsoever arising whether by act or default of the Supplier or otherwise.
5.6 Loan machines are not available.
5.7 All warranties and conditions whether implied by statue or otherwise are excluded from this Contract to the extent permitted by law provided that nothing in this Contract shall restrict or exclude liability for death or personal injury caused by the negligence of the Supplier. No liability of any kind is accepted for any oral representation of any kind by the supplier or its personnel.
5.8 Goods out of warranty are subject to the Suppliers normal charges for repair (or those of their nominated sub-contractors).
6. INSTALLATION
6.1 All gas appliances must be installed by a Corgi registered engineer as required by law.
6.2 All glass and dish washers or other electrical appliances must be installed by a suitably qualified engineer. Coffee machines must be installed by a qualified coffee machine engineer
6.3 All ice machines and all refrigeration equipment must be installed by a suitably qualified refrigeration engineer.
6.4 The Customer shall supply the Supplier with documentary proof of appropriate installation within 14 days of installation of the Goods. Failure to do so will invalidate the warranty.
6.5 The Supplier does not effect installation of any Goods included in the published or invoiced price of the Goods. The Supplier will offer the service of its subcontractors for the purposes of installation of any Goods. All installation costs are invoiced separately either by the Supplier (if agreed to by the Supplier) or by the Suppliers sub-contractor (if negotiated between the Customer and such sub-contractor). The Supplier accepts no liability of any kind for any errors in installation howsoever caused or where no proof of appropriate installation is provided within 28 days of supply.
6.6 Icemakers, coffee machines, glass and dishwashers must be installed with a water softener in hard water areas. Failure to do so will invalidate the warranty.
7. FORCE MAJEURE
7.1 The Supplier shall not be liable for any failure to deliver the Goods arising from circumstances outside the Supplier’s control.
7.2 Non-exhaustive illustrations of such circumstances would be act of God, war, riot, explosion, abnormal weather conditions, fire, flood, strikes, lockouts, Government action or regulations (UK or otherwise), delay by suppliers, accidents and shortage of materials, labour or manufacturing facilities.
8. LEASED OR FINANCED GOODS Where Goods are supplied subject to a leasing or HP agreement:
8.1 Delivery shall only take place once the finance company is satisfied that all the documentation has been signed and their requirements have been satisfied in all respects.
8.2 The Goods will carry a 12 month parts and labour warranty as set out in Clause 5.2 unless an extended warranty has been agreed and paid for.
8.3 The Customer is liable to pay a deposit equal to 3 months installments which is non-refundable if for any reason the lease documentation is not completed.
8.4 If the Customer sells his business to a third party then the Supplier has no obligation of any kind to such third party unless such third party renews the warranty with the Supplier.
9. TELEPHONE CALLS Telephone calls may be recorded and used for training and/or monitoring purposes. Calls are charged at the national rate, unless otherwise stated.
10. WAIVER No waiver by the Supplier of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
11. PROPERTY LAW The Contract shall be governed by and construed in accordance with the law of England.
DELIVERY
IT IS IMPORTANT THAT YOU INSPECT THE EQUIPMENT BEFORE SIGNING THE DELIVERY NOTE. ANY DAMAGE TO THE UNIT(S) MUST BE NOTED ON THE DELIVERY NOTE, OR REFUSE THE DELIVERY. IF NO DAMAGE IS NOTED, ANY SUBSEQUENT CLAIMS WILL NOT BE ACCEPTED.
