Terms and Conditions for the use of this website

Intellectual Property

All intellectual property rights in the design and layout of the Website and the material and information published on the pages of the Website, including, but not limited to, copyright and rights in registered and unregistered trade marks, are owned by or licensed to Catering Equipment Solutions (Peterborough) Limited.

Save as may be incidental to you obtaining authorised access to the content on the Website, you must not reproduce, download, transmit or retransmit, manipulate or store on paper, electronic (including, but not limited to any database or any part of the Internet), CD Rom or other offline product on any other format in whole or in part the design and layout of the Website or the information or material published on the pages of it, nor hypertext or otherwise link to it, without the prior written consent of Catering Equipment Solutions (Peterborough) Limited, such permission to be given or withheld at Catering Equipment Solutions (Peterborough) Limited 's absolute discretion.

Disclaimer

The material and information contained on the Website is for general information only and does not constitute any form of offer for sale, advice or recommendation by Catering Equipment Solutions (Peterborough) Limited. You should not rely on the material or information on the Website as a basis for making any business, legal or other decisions. You should seek appropriate independent advice before making any such decisions.

Catering Equipment Solutions (Peterborough) Limited does not warrant or represent and excludes all warranties or representations that the material and information, including advertising material, on the Website is accurate, true or complete or that it is free of viruses or that it does not contain any material which is defamatory, obscene or illegal in any way.

In no circumstances will Catering Equipment Solutions (Peterborough) Limited be liable to you or any other third parties for any loss or damage (whether direct or indirect, including loss of profits, loss of opportunity or any consequential loss) resulting from or in any way connected with your use of the Website or its content, whether caused by negligence, misrepresentation, breach of any statutory duty, or breach of contract or otherwise. Catering Equipment Solutions (Peterborough) Limited does not limit or exclude its liability for death or personal injury resulting from its negligence.

You may access other websites via hypertext links from the Website. You use such links and other websites entirely at your own risk. Such websites are provided by independent third parties and Catering Equipment Solutions (Peterborough) Limited accepts no responsibility for the availability, content or use of such websites or information contained on them.

Indemnity

You agree to indemnify and to keep Catering Equipment Solutions (Peterborough) Limited indemnified from and against any costs, claims, demands, expenses and liabilities suffered or incurred by Catering Equipment Solutions (Peterborough) Limited arising from or which is directly or indirectly related to your access to and/or use of the Website and/or any other person or entity's use of the Website where such person or entity was able to access the Website using your password.

General

Failure by Catering Equipment Solutions (Peterborough) Limited to exercise or enforce any right conferred upon it shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement of that or any other right on any later occasion.

Catering Equipment Solutions (Peterborough) Limited reserves the right to vary these terms and conditions from time to time.

These terms are governed by and will be interpreted in accordance with English law. The English courts shall have exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with these terms and conditions.

Terms and Conditions for Sale of Products

1. INTERPRETATION

1.1 The following definitions and rules of interpretation apply in these terms and conditions.
The Company: the person, firm or company specified in the Quotation.
Contract: any contract between the Company and the Customer for the sale and purchase of the Goods, incorporating these terms and conditions.
Customer: the person, firm or company who purchases the Goods from the Company.
Goods: any Goods agreed in the Contract to be supplied to the Customer by the Company (including any part or parts of them) as further detailed in the Quotation.
Installation: where applicable, installation of the Goods by the Company at the Premises.
Premises: the Customer’s premises as further detailed in the Quotation.
Price: the price payable by the Customer to the Company for the Goods and (where applicable) Installation as further detailed in the Quotation.
Quotation: the document or e-mail to which these terms and conditions are attached.
1.2 A reference to a law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3 Words in the singular include the plural and in the plural include the singular.
1.4 A reference to one gender includes a reference to the other gender.
1.5 Clause headings do not affect the interpretation of these terms and conditions.

2. APPLICATION OF TERMS

2.1 No order submitted by the Customer shall be deemed to be accepted by the Company until it is confirmed in writing by an authorised representative of the Company or, if earlier, upon delivery of the Goods by the Company.
2.2 Subject to any variation under clause 2.3 the Contract shall be on these terms and conditions to the exclusion of all other terms and conditions.
2.3 These terms and conditions apply to all the Company's sales and any variation to these terms and conditions and any representations about the Goods shall have no effect unless expressly agreed in writing.
2.4 The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this clause shall exclude or limit the Company's liability for fraudulent misrepresentation.

3. DESCRIPTION

3.1 The quantity and description of the Goods shall be as set out in the Quotation.
3.2 All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.
3.3 The Customer shall be responsible for ensuring, prior to placing an order for any Goods that there are suitable service provisions (including, without limitation, power supplies) at the Premises for the installation and use of the Goods and the Company shall have no liability to the Customer where it is not possible to install or use the Goods at the Premises as a result of a lack of suitable service provisions.

4. DELIVERY AND INSTALLATION

4.1 The Company shall only be responsible for installation of the Goods where it has expressly agreed to do so in the Quotation. In all other cases the Customer shall be responsible, at its own cost, for arranging installation of the Goods.
4.2 Unless otherwise agreed in writing by the Company, delivery and (where applicable) Installation of the Goods shall take place at the Premises.
4.3 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 the Goods will not entitle the Customer to treat the contract as a whole as cancelled.
4.4 The Customer will be responsible for arranging at the Customer’s 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 the Customer will indemnify the Company in respect of any costs or expenses it may have (including of return transport storage and further delivery) as a result of any failure by the Customer to make such arrangements or in respect of delivery other than at the premises as herein provided.
4.5 Risk of damage to or loss of the Goods will pass to the Customer on delivery.
4.6 If the Customer refuses or fails to take delivery of Goods tendered in accordance with the Contract risk in the Goods shall pass to the Customer and the Company will be entitled to immediate payment in full for the Goods so tendered.
4.7 The Company will be entitled to store (at the Customer’s risk) any Goods of which the Customer refuses or fails to take delivery and the Customer 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. The Company will be entitled after the expiration of 3 months from the date upon which the price became payable in accordance with clause 4.6 to dispose of the Goods in such a manner as it may determine.
4.8 Subject to the Company accepting the Customer’s order, only the Goods as specified on the Quotation will be delivered and it is the Customer’s responsibility to check the accuracy of details on the Quotation before the Customer places an order. The Company accepts no responsibility for any errors, omissions or other defects in any data sheets, specifications or particulars of physical properties not prepared or provided by the Company and the Customer agree to indemnify the Company against any and all claims liabilities, damages costs and expenses incurred by it arising there from.
4.9 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.
4.10 If the Company fails to deliver the Goods (or any instalment) for any reason other than any cause beyond its reasonable control or the Customer’s fault and the Company is accordingly liable to the Customer, the Company’s liability shall be limited to the excess (if any) of the cost to the Customer (in the cheapest available market) of similar Goods to replace those not delivered over the price of the Goods.
4.11 It is the Customer’s responsibility to ensure that the installation area is suitable for the Goods to be installed and that the Customer obtains all necessary planning and other legal approvals for the installation of the Goods 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.
4.12 Where the Company has agreed to install Goods, the Customer 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.
4.13 Subject to clause 4.14 below, 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 the Customer will be to make good at its cost any such damage to a condition suitable for redecorating.
4.14 The Customer shall be responsible for ensuring that the Company has full and clear access to the Property for the purposes of Delivery and (if applicable) Installation and the Company shall not be responsible for any loss or damage caused at or to the Premises resulting from the Customers failure to comply with its obligations under this clause 4.14
4.15 Unless otherwise agreed, Installation shall be deemed to have been properly completed upon installation of the Goods to within 1 metre of appropriate services connections.

5. PRICE AND PAYMENT

5.1 The price payable for the Goods and (where applicable) Installation will be as specified in the Quotation or if the price is not so specified those contained in the Company’s list prices therefore current at the date of the Quotation. 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 the Customer and will be added to the price.
5.2 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 the Customer wish to cancel the contract.
5.3 Full payment for the Goods and (where applicable) Installation will be due and must be made by the Customer 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.
5.4 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.
5.5 The Company reserves the right, without limiting any other right that it may have, to charge a monthly interest at the rate of 8% 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 judgement. In addition, any discounts offered to the Customer at the date of Contract will be cancelled and the full price of the Goods shall be payable in the event of any default by the Customer of these payment terms.
5.6 Failure to comply with the applicable payment terms may result in the matter being passed to the Company’s credit control department or the Company’s solicitors and in such cases the Company reserves the right to charge the Customer 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.

6. RISK/TITLE

6.1 The Goods are at the risk of the Customer from the time of delivery.
6.2 Ownership of the Goods shall not pass to the Customer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of:
6.2.1 the Goods; and
6.2.2 all other sums which are or which become due to the Company from the Customer.
6.3 Until ownership of the Goods has passed to the Customer, the Customer shall:
6.3.1 hold the Goods on a fiduciary basis as the Company's bailee;
6.3.2 store the Goods separately from all other Goods of the Customer or any third party in such a way that they remain readily identifiable as the Company's property;
6.3.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and
6.3.4 maintain the Goods in satisfactory condition.
6.4 The Customer's right to possession of the Goods shall terminate immediately if:
6.4.1 the Customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Customer or notice of intention to appoint an administrator is given by the Customer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Customer or for the grant­ing of an administration order in respect of the Customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer; or
6.4.2 the Customer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between the Company and the Customer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases to trade; or
6.4.3 the Customer encumbers or in any way charges any of the Goods.
6.5 The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.
6.6 The Customer may resell the Goods before ownership has passed to it solely on the following conditions:
6.6.1 any sale shall be effected in the ordinary course of the Customer's business at full market value; and
6.6.2 any such sale shall be a sale of the Company's property on the Customer's own behalf and the Customer shall deal as principal when making such a sale.
6.7 The Customer shall ensure that in the event of any re-sale of the goods in accordance with clause 6.6, the contract of sale between the Customer and his purchaser shall contain a retention of ownership clause which will have the same effect for the Customer as this clause 6 has for the Seller.
6.8 The Customer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Customer's right to possession has terminated, to recover them.
6.9 Where the Company is unable to determine whether any Goods are the Goods in respect of which the Customer's right to possession has terminated, the Customer shall be deemed to have sold all Goods of the kind sold by the Company to the Customer in the order in which they were invoiced to the Customer.
6.10 On termination of the Contract, howsoever caused, the Company's (but not the Customer's) rights contained in this clause 6 shall remain in effect.

7. WARRANTIES AND LIMITATION OF LIABILITY

7.1 The parties acknowledge that the Company is not the manufacturer of the Goods and the Customer shall only be entitled to the benefit of any such warranty or guarantee in respect of the Goods as is given by the manufacturer to the Company.
7.2 The Customer shall be liable for all costs and expenses payable in respect of any repairs to or maintenance of the Goods which are not covered by the manufacturer’s warranty including, without limitation, parts, labour and engineers fees.
7.3 The Company shall not be liable for breach of any warranty given to the Customer under clause 7.1 unless the Customers gives notice of the defect to the Company within 24 hours of delivery of the Goods.
7.4 Except in respect of death or personal injury caused by the Company’s negligence, the Company will not be liable to the Customer 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 the Customer, 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.
7.5 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) the Customer’s statutory rights are not affected by these terms and conditions.
7.6 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 the Customer of any payments made on account of replacement parts.
7.7 Any Goods replaced shall belong to the Company and any repaired or replacement Goods shall (where they have been manufactured by the Company) be guaranteed on these terms for the unexpired portion of the relevant warranty period.
7.8 The prior written consent of the Company will be required before any Goods may be returned by the Customer. Subject to such consent being given, Goods being returned must be received by the Company in an unused condition within 7 days of invoice therefore stating the relevant invoice number before the Customer will be entitled to any refund. If the Goods packaging is unopened, a 25% handling charge will be levied subject to a minimum charge of £2. 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 the Customer 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.

8. GENERAL

8.1 The Company may assign the Contract or any part of it to any person, firm or company.
8.2 The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
8.3 Any notice required or permitted to be given by either party to the other under the Contract shall be in writing addressed to that other party (in the case of notices to the Company) its registered office or such other address as may be notified by the Company to the Customer (in the case of notices to the Customer) the address stated in the Quotation or such other address as may be notified by the Customer to the Company.
8.4 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
8.5 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
8.6 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
8.7 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
8.8 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
8.9 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.