Terms & Conditions
Terms and Conditions
Just Second Hand Catering Products
ORDERS AND QUOTATIONS
1 No order will be binding on the Company unless and until accepted by the Company and will be subject to these terms and conditions. Any changes or additions to the order or to these terms and conditions must be agreed in writing by the Company. A quotation by the Company does not constitute an offer and may be withdrawn or revised at any time prior to the Company’s acceptance of your order.
DELIVERY AND SPECIFICATION
2 All dates and times quoted for delivery are approximate only and time of delivery is not of the essence of the contract. The Company reserves the right to deliver the goods by several separate deliveries and any failure or delay in delivering any part of this will not entitle you to treat the contract as a whole as cancelled.
3 Delivery will, unless otherwise agreed by the Company, be at your premises to the rear of the delivery vehicle. You will be responsible for arranging at your own expense at delivery for a sufficient number of suitable personnel and equipment for unloading the goods from the delivery vehicle and the Company accepts no liability in respect thereof (including any damage to or loss of goods arising from the use of such personnel) and you will indemnify the Company from any costs or expenses to it (including of return transport storage and further delivery) as a result of any failure by you to make such arrangements or in respect of delivery other than at your premises as herein provided.
4 Risk of damage to or loss of the goods will pass to you on delivery.
5 If you refuse or fail to take delivery of goods tendered in accordance with the contract the Company will be entitled to immediate payment in full for the goods so tendered. We will be entitled to store at your risk any goods of which you refuse or fail to take delivery and you will in addition to the purchase price pay all costs of such storage and any additional costs incurred as a result of such refusal or failure. We will charge upon refusal a 35% Restock of the final price, any delivery charge will not be able to be refund. The Company will be entitled after the expiration of 3 months from the date upon which the price became payable to dispose of the goods in such a manner as it may determine.
6 Subject to the Company accepting your order, only the goods as specified on the order will be delivered and it is your responsibility to check the accuracy of details on the order form before you sign the agreement. The Company accepts no responsibility for any errors, omissions of other defects in any data sheets, specifications or particulars of physical properties not prepared or provided by the Company and you agree to indemnify the Company against any and all claims liabilities, damages costs and expenses incurred by it arising therefrom.
7 As part of its continual development policy, the Company reserves the right at any time to make any changes to the specification of the goods which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the goods or services.
8 If the Company fails to deliver the goods (or any installment) for any reason other than any cause beyond its reasonable control or your fault and the Company is accordingly liable to you, the Company’s liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the goods.
PRICE AND PAYMENT
9 The price payable for the goods will be as specified in the order as accepted by the Company or if the price is not so specified those contained in the Company’s list prices therefor current at the time of dispatch. The Company reserves the right at any time to withdraw any discount from its list prices and/or to revise its list prices to take into account increases in costs including (without limitation) costs of any goods materials, carriage, labour or overheads, the increase on imposition of any tax duty or other levy and any variation in exchange rates. Unless otherwise specified VAT and any other tax or duties will be payable by You and will be added to the price.
10 This is a non-cancellable contract and the Company reserves the right to levy a reasonable charge (including for loss of profit and the cost of all labour and materials used) to cover any loss or damages incurred by the Company should you wish to cancel the contract.
11 Full payment for goods and services will be due and must be made by you without any set-off or deduction by the due date. In the case of ‘with order’ invoices and account customers payment is due within 30 days of the date of invoice. In other cases, subject to agreement of credit terms, payment is due on the date of invoice. Credit terms can be discussed upon completion of a credit application and subject to status. The time of payment of the price shall be of the essence of the contract. The Company reserves the right, without limiting any other right that it may have, to charge interest at the rate of 3% above the base rate of Barclays Bank plc as varied from time to time on all balances outstanding from the date due until payment in full, whether before or after any judgment. In addition, any discounts offered to you at the date of contract will be forfeit and the full price payable in the event of any default by you of these payment terms.
12 Failure to comply with the applicable payment terms may result in the matter being passed to the Company’s solicitors and in such cases the Company reserves the right to charge you a £40 surcharge in respect of the Company’s administrative costs together with all legal costs and expenses incurred in connection therewith whether or not legal proceedings are issued.
13 Where the Company has agreed to install goods (or arrange third party installation) it is your responsibility to ensure that the installation area is suitable for the goods to be installed and that you obtain all necessary planning and other legal approvals for the installation of the goods being supplied by the Company and the Company gives no assurance or warranty that the installation of the goods complies with any planning consents or restrictions or other legal requirements affecting the installation premises.
14 Where the Company has agreed to install goods, you must ensure that that all obstructions to the installation area are removed and that the Company, its staff and agents have suitable and safe access to the installation area for the purposes of carrying out the installation. The Company accepts no liability for any loss or damage caused during installation of the goods to any items in the installation area that are not removed.
15 The Company will use reasonable endeavours not to damage finishes or fixtures at the installation premises during the delivery and installation of the goods. In the event of any such damage the entire liability of the Company to you will be to make good at its cost any such damage to a condition suitable for redecorating.
16 Unless otherwise agreed, installation shall be deemed to have been properly completed upon installation of the goods to within 1 meter of appropriate services connections.
RETENTION OF TITLE
17 Title to the goods will not pass to you until the earlier of payment in full of the price therefor or the goods ceasing to be identifiable by virtue of their utilisation or consumption in the production of other items or materials. Until such payment, utilisation or consumption, you will have possession of the goods as the Company’s bailee and will store the goods in such a way as to enable them to be identifiable as the Company’s property, provided that if you are purchasing the goods for re-sale you may in the ordinary course of your business sell and deliver the goods to a third party on condition that until such payment as aforesaid you will hold all proceeds of such sales in trust for the Company and in a separate account. You hereby undertake forthwith upon being so requested by the Company to assign to it all rights and claims which you may have against your customers arising from such sales until payment is made in full as aforesaid.
18 The Company reserves the right to re?possess any identifiable goods in respect of which payment is overdue and thereafter to re?sell the same and for this purpose you hereby grant an irrevocable right and license to the Company’s servants and agents to enter upon all or any of your premises with or without vehicles during normal business hours. This right will continue to subsist notwithstanding the termination of the contract for any reason and is without prejudice to any of our accrued rights thereunder or otherwise.
WARRANTIES AND LIMITATION OF LIABILITY
19 Subject to the conditions set out below the Company warrants that goods be free from defects in material and workmanship for a period of 1-3 months from delivery.
20 The above warranty is given by the Company subject to the following conditions:
· the above warranty does not apply to discounted, second hand, ‘B grade’, or ex-demonstration goods, in respect of which you will only be entitled to a 30 day from delivery back to base and parts only warranty;
(Back to base Warranty mean back to company address)
. Back To Base Warranty, The product must be returned at the customers cost back to first call catering address and returned at the customers cost upon completion of repairs back from first call catering to the customers address.
· the Company will be under no liability in respect of any defect in the goods arising from any drawing, design or specification supplied by you;
· the Company will be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing), misuse or alteration or repair of the goods without the Company’s approval;
· the Company will be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total 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 you will only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company.
21 Except in respect of death or personal injury caused by the Company’s negligence, the Company will not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods or their use or resale by you, and the entire liability of the Company under or in connection with the contract shall not exceed the price of the goods, except as expressly provided in these terms and conditions.
22 Subject as expressly provided in these terms and conditions, and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) your statutory rights are not affected by these Conditions.
NOTE: If after the first warranty call-out we are advised the fault was caused by user or installation error. We will ask customers to contact their own engineer at their cost to make good the repair OR we shall arrange for our engineers to visit with a subsequent invoice issued to cover repair costs.
23 (new Equipment) For goods covered by a parts and labour warranty an engineer will be arranged by the Company and will be charged under the warranty unless on inspection it appears that the fault or damage is due to your wilful damage or negligence, abnormal working conditions, failure to follow the Company’s instructions, or misuse or alteration or repair of the goods without the Company’s approval. In such circumstances the Company may charge you the costs of the engineer and any goods provided by him, to be payable within 7 days of demand. For goods covered by a parts only warranty, all engineer charges will be payable by you. In these circumstances, once the engineer has established the parts required the Company will arrange for their replacement under the warranty (unless due to your willful damage etc as above) upon receipt of the faulty parts from you payment on account of the replacement parts. All replaced parts must be returned to the Company upon completion of the repairs at which stage
the Company will for valid warranty claims arrange for repayment to you of any payments made on account of replacement parts.
24 Warranty claims must be made in writing (which may include email) before any action will be taken by the Company.
CLAIMS AND RETURNS
25 All goods must be inspected by you upon delivery. Any claim which is based on any defect in the quality or condition of the goods or their failure to correspond with specification or damage caused before delivery to you must (whether or not delivery is refused by you) be notified to the Company within 1 working day from the date of delivery (or where the defect or failure or damage was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure or damage. Such notice must include full details of the goods to which the claim relates, the defect failure or damage and cause (if known). If delivery is not refused, and you do not notify the Company in accordance with this clause, you will be deemed to have accepted the goods and will not be entitled to reject them and will be bound to pay the full price as if the goods had been delivered in accordance with the contract and the Company will have no liability for such defect or failure or damage.
26 In the case of any valid defects claim the Company will be entitled to replace the goods (or the part in question) free of charge or, at its sole discretion, refund to you the price of the goods (or a proportionate part of the price), and in either such case the Company will have no further liability to you.
27 Save in respect of warranty or defects claims, the prior written consent of the Company will be required before any goods may be returned by you. Subject to such consent being given, goods being returned must be received by the Company in an unused condition within 7 days of invoice therefor stating the relevant invoice number before you will be entitled to any refund. If the goods packaging is unopened, a 35% handling charge will be levied subject to a minimum charge of £2.00. A higher rate will be levied for goods returned outside the 7 day period or in an opened but unused condition. Where goods are accepted for return refunds will be credited to you at invoice value (or if no invoice number is quoted at the lowest sales price charged for the goods) subject to the appropriate handling fee.
28 Specially manufactured or installed or used goods may not be returned save in respect of a defects or warranty claim.
29 The Company will not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of its obligations under the contract if the delay or failure was due to any cause beyond the Company’s reasonable control or its in ability to procure services materials or articles required for such performance.
30 Any failure or delay by the Company in exercising any of its rights under this contract will not prevent the Company from exercising those or any other rights in the future.
31 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and the remainder of the provision in question will not be affected.
32 English law will apply to the contract, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
33. My contract will be with you, and only you, as the requester of my services. If approaches are to be made directly to me for surcharges from the venue owner or its management, either prior too, during or after the delivery, I shall refer such requests for your attention.
34. Costs are based on work carried out at the delivery address, and to the satisfaction and completion of tasks, quantities and specification included. Work required outside these areas may be subject to additional charge.
35. Quoted costs are based upon efficiencies achieved in performing the whole package of tasks. However, costs may be altered if the scope of service is significantly altered following the submission of this proposal.
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