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Terms & Conditions

Terms & Conditions

The Definitions & General

1)        Seller referred to is Shrewsbury Catering Equipment Ltd and The Customer is the person, firm or company contracting, whether verbally or in writing, with the Seller.

2)        All orders are accepted strictly on the understanding that the Customer accepts these conditions of business. If a Customer issues an official order containing conditions of purchase the Sellers conditions of sale shall prevail unless agreed in writing by the Seller.

3)        Notice of any alterations under the terms of this contract shall be given in writing and served at the last known trading address of the Customer first class post being deemed an acceptable mode of service.

Prices and Publications

1)        The Seller reserves the right to amend prices without notice.

2)        Prices quoted do not include Value Added Tax, which will be charged at rate ruling on date of dispatch.

3)        All orders are treated as separate transactions and will be subject to delivery and small order surcharges as appropriate.

4)        Although we endeavor to provide exact information as possible the accuracy of any information supplied as to price, description, measurement or specification of goods and services cannot be guaranteed due to manufacturers revisions. Such information is given by way of identification or illustration only and the use of such description shall not constitute any contract as sale by de­scription. Where any such details are important the Customer should themselves verify the information before placing an order.

5)        It is the Customers responsibility to confirm that all goods comply with the local bylaws and/or regulations.

6)        Clerical errors and omissions are subject to correction without notice.

7)        All plans, drawings, specifications and quotations are subject to confidentiality clause and must not be disclosed to any third party without the Sellers written consent. The Seller takes no responsibility for the accuracy of any dimensioned drawings or plans which are supplied as a guide only.

Payment

1)        Payment will be required in full before dispatch of the order.

2)        In the event of special payment terms being agreed by the Seller failure by the Customer to pay any invoice or account according to those terms shall result in all moneys outstanding becoming payable immediately whether they would otherwise be due or not.

Retention of Title

1)        Any goods or products delivered by the Seller or its agents to the Customer or his servant agent or nominee shall remain the property of the Seller until all invoices, statements or accounts of the Seller rendered by the Seller to the Customer or his servant agent or nomi­nee have been discharged in full and in the event of default or delay in payment howsoever arising the Seller shall be entitled to demand the return of the goods which shall be forthwith delivered up to the Seller.

2)        The Customer agrees that the Seller is seeking to exercise its rights under this clause and may at any reasonable time enter the customer’s premises and re­move the Sellers goods. Should the Customer resell the goods or products prior to such payment the Sellers bene­ficial entitlement shall attach to the proceeds of resale or to any claim for such proceeds. The Customer as Trustee for the Seller shall hold such proceeds in a separate designated account and any rights of the Customer to receive such money shall be assigned to the Seller on demand.

3)        The Customers power of sale shall automatically cease if a receiver is appointed over any of the assets of the undertaking of the Customer or a winding up order is made against the Customer or the Customer goes into voluntary liquidation (otherwise than for the purposes of reconstruction or amalgamation) or cause a meeting of or makes any agreement or composition with creditors or claims of any description material to the recovery of the goods or products from the Customer or any third party.

Cancellation and Restocking 

1)        Orders can only be cancelled by the Customer, subject to any charges deemed necessary by the Seller, at the Sellers absolute discretion. No cancellation can be accepted for items specially ordered or fabricated for the Customer.

2)        Goods dispatched to the Customer and subsequently accepted for cancellation by the Seller will be subject to an abortive delivery charge, as well as any cancellation charge deemed necessary by the Seller.

3)        The Seller at its absolute discretion may agree to the return of goods by the Customer provided that the goods are returned at the customer’s expense, in the same condition and in the original packaging as of the date of dispatch by the Seller or their agents.

4)        Any goods agreed by the Seller as acceptable for return for any reason (excluding faulty goods) will be subject to a restocking charge, together with the reimbursement of any expense in­curred by the Seller as a consequence of the return of said goods to the Sellers’ stock or to the manufacturers/suppliers stock.

Delivery

1)        Prices exclude delivery, unloading, positioning or installation unless otherwise stated.

2)        The Seller will deliver as near as possible to the delivery site as a safe hard road permits.

3)        The risk in the goods shall pass on arrival at, and (where applicable) entry into the delivery premises.

4)        Damage due to inadequate site access or unloading shall be at Customers risk.              

5)        If the Customer fails to take delivery on the agreed date, or if no specific delivery date has been agreed, when the goods are ready for dispatch, the Seller shall be entitled to store and insure the goods and to charge the Customer the reasonable costs of doing so and to tender its account for the price of the goods under Condition 2.

6)        All deliveries must be unpacked and inspected before the driver leaves.  Any damage, missing parts or the goods are not in accordance with your order, this must be notified on the delivery ticket and notify Seller immediately.  Customer is not entitled to refuse delivery on the grounds of part of the order is missing or incorrect.

7)        If no comments are on the delivery ticket it is deemed the goods were delivered in satisfactory condition and in accordance with your order.

Delay

1)        Time for performance by the Seller is given in good faith, as accurately as possible, but is not to be of the essence of the contract. The Customer shall have no right to damages or to impose penalties in the event of late delivery by the Seller or his agents, or to cancel the contract for delay from any cause unless agreed in writing by the Seller.

Damage

1)        It is the Customers responsibility to inspect the goods at time of delivery, before signing the delivery note and accepting the consignment. Any damage must be noted on the carrier’s delivery note at time of delivery (signing un-examined is not acceptable), otherwise claims cannot be entertained. Damage must be reported to both the Seller and Carrier immediately, and confirmed to the Seller in writing within 48 hours of delivery.

2)        Damaged goods will not be exchanged or repaired if used, unless expressly agreed and confirmed in writing by the Seller. Usage of goods claimed as damaged will be taken as acceptance of item(s) in good condition and the Seller will accept no liability (unless agreed by the Seller in writing before such usage).

Limitation of Liability

1)        Shrewsbury Catering Equipment Ltd, their directors, employees or agents of any kind, exclude all liability and responsibility for any amount or kind of loss or damage that may result to customer’s or any third party (including, without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from any contract.

2)        Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury arising from our negligence or the negligence of any of our directors, employees or agents or any other liability that we are prohibited from excluding or restricting by law. 

3)        All goods supplied by Shrewsbury Catering Equipment must be installed by suitably trained tradesmen and in the case of gas appliances by GAS SAFE registered personnel.

Warranty

1)        The Seller will warrant the goods (except for 2nd hand or refurbished goods of which there is no warranty, unless agreed otherwise in writing) against defective parts and workmanship for 12 months from date of delivery (unless otherwise agreed in writing), providing the item has been installed, used, serviced and maintained in accordance with the man­ufacturers specification. The Seller shall not be liable for any consequential loss suffered as a result of any malfunction or breakdown occurring during or be­yond the warranty period.

2)        For those purchasing for Resale: In consideration of the discount allowed to the Customer, the Seller will warrant most goods against defective parts and workmanship for 12 months from date of the Sellers invoice (unless otherwise agreed in writing) providing the item has been installed, used, serviced and maintained in accordance with the man­ufacturers/ specifications.

3)        However, certain products are offered on the basis of the labour element of any warranty work being undertaken, and costs borne, by the Customer in recognition of the discount allowed, and by ordering the Customer accepts the transaction is not a consumer sale as covered by statute. It is the responsibility of the Customer purchasing for Resale to confirm the relevant warranty arrangement offered on the appliance at time of order.

4)        The warranty on certain goods requires the item to be delivered to workshops for repair, the arrangement and cost of which is the responsibility of the Customer who purchased for Resale. Warranty for items sited offshore mainland U.K. is subject to manufacturer’s warranty restrictions as to extent of cover.

5)        Warranty call-outs from the Customer are accepted on the basis that they are valid and covered by the manufacturer warranty. Any charges levied in respect of abortive visits or for work deemed by the manufacturers or their agents not to be valid under the terms of the manufacturers’ warranty shall be recharged, including all charges due to incorrect installation (where installation was not provided by the Seller). Such charges will be invoiced to the Customer to whom the Seller supplied and invoiced the equipment concerned, recovery of such charges from any third party being the responsibility of the Customer.

6)        The Seller shall not be under any duty arising from this provision if the Customer is in breach of any provision of the contract to the Seller until the Customer has remedied the breach.

7)        The warranty does not cover normal wear and tear or where the goods have not been used for the purpose for which they were intended by the manufacturer.  This warranty will not apply if the goods have been altered, damaged, misused or disassembled, any of the seals have been broken or tampered with or where the goods have been damaged by smoke, fire or water.  This warranty will also be void if the breakdown is due to limescale.

8)        Secondhand or refurbished goods are sold as seen.

Force Majeure

1)        The Seller shall not be liable in respect of any breach of contract due to any cause beyond his reasonable control including Act of God inclement weather, flood, lightning or fire, industrial action or lockouts, actions of government depart­ments, war, riot or terrorism, or the action of any party for whom the Seller is not directly responsible.

Law and Jurisdiction

1)        The contract shall be governed and construed in all respects in accordance with the Laws of England and shall be subject only to the jurisdiction of the English Courts.

2)        It is agreed that Shrewsbury County Court or such other County Court as the Seller may notify the Customer of from time to time, shall have jurisdiction to hear and determine any action which is within the financial limit for County Court actions at the time the actions commence and which arise in respect of any failure to pay a value added tax invoice or any other type of account in accordance with the Sellers Terms and Conditions of Sale Agreement of which this is part.