Terms and Conditions
1.1 In these conditions 'The Company' means UK Catering Limited, Suite 15, 2nd Floor, Vantage Point, New England Road, Brighton BN1 4GW, and 'The Customer' means the person, firm or company contracting with The Company. 'The Goods' means any products, machinery, equipment and services of all kinds to be supplied by The Company.
1.2 These conditions of sale will override any standard or other terms or conditions referred to by The Customer and will supersede all earlier versions.
1.3 All quotations remain commercial, in confidence and the property of The Company. The Customer must not pass such information to third parties and on request must return all such documents to The Company.
1.4 The Company is a supplier of catering equipment and services to commercial customers and all sales are considered a business to business contract.
2.1 No binding contract shall be deemed to have been effected until confirmed in writing by The Company by an acknowledgement of order. Quotations, price lists and other publications of The Company's shall not constitute offers.
2.2 By placing an order The Customer will be deemed to have read and accepted these terms and conditions and to be making an offer to purchase the goods or services subject to these terms and conditions.
3.1 Every effort is made to ensure that the descriptions, technical data and illustrations contained in catalogues, leaflets and advertisements are correct; however, they do not constitute a sale by description. The Company's policy is one of continuous updating and improvement and The Company reserves the right to supply Goods that have been modified by design, finish or specification, without notice.
4.1 Quotations and prices are subject to withdrawal and alteration at any time. The Company reserves the right to revise prices without notice and the invoice price payable, unless otherwise agreed in writing, shall be that ruling at the date of dispatch.
4.2 Prices are exclusive of VAT and other sales taxes. Cost of delivery is included in the price except where stated on the website. Prices do not include the cost of off-loading, location, erection and connection unless otherwise agreed in writing. Installation work, which can be undertaken at The Customers request, is subject to a separate quotation.
4.3 Prices are based on payment via debit card, cheque or BACS transfers. If paying by credit card there is a handling fee of 2.2%.
5.1 Many deliveries can be made on the next working day after ordering. Whilst The Company will always do its best to ensure that deliveries take place within a reasonable period of time and within the time scale specified, a delay may sometimes occur which is entirely beyond The Company’s control. Whilst every effort is made to adhere to delivery estimates, The Company shall not be liable for any losses, costs, damages or expenses, however arising, suffered by The Customer or any other person or company. The Customer is not entitled to cancel the order because of a delay in delivery unless the delay has been protracted and unreasonable.
5.2 If guaranteed delivery is required within a certain timeframe, The Customer must inform The Company at the time of ordering as there may be alternative guaranteed delivery options available at additional cost.
5.3 The Company will deliver as near as possible to The Customers premises as a safe hard road permits. The delivery is to the ground floor outside the delivery site only. If The Customer has any other requirements this must be notified when the order is placed, additional charges may be applicable.
5.4 It is The Customer’s responsibility to ensure that someone is available to accept delivery of The Goods during the agreed delivery period. It is The Customer’s responsibility to inform The Company at the time of ordering of any special instructions of restrictions for the delivery. If the goods cannot be delivered The Customer may be charged a re-delivery fee.
5.5 It is The Customer’s responsibility to ensure that the goods will fit the delivery premises and to check the dimensions of the delivery address for access, including all doors, corridors, stairs and corners. The Company will not accept any responsibility for any loss or damage due to inaccessibility or failure of the delivery.
5.6 At time of delivery, The Customer must check all packaging for signs of transit damage and if relevant, clearly mark delivery documentation ‘damaged’ before signing for the item(s). Where possible, The Customer should open and inspect the item before signing for it. If this is not possible, The Customer must ensure that The Goods are unpacked and inspected within 24 hours of delivery and notify The Company immediately if required.
5.7 The Customer must not use, fit or install any damaged or incorrectly supplied goods whether notified to The Company or not. If this occurs, The Customer will be deemed to have accepted the goods and The Company will accept no further responsibility in relation to such goods.
5.8 The Customer is responsible for disposal of all packaging materials and must do so in accordance with all relevant legislation.
6.1 The Company will require payment in full before it will despatch The Customer’s order. Any variation in terms will be agreed in writing before despatch of the Goods. If variation in terms is agreed and payment is not received in full when due, The Company reserves the right to cancel any discounts applied to the invoice/statement and charge interest on the unpaid amount at a rate of 4% above Santander’s base lending rate. This entitlement to interest does not preclude The Company from the right to pursue any other right or remedy to collect said payment and to suspend all further deliveries without notice. Any costs incurred by The Company in collecting said payment will be charged to The Customer.
6.2 The Company’s accepts payments made by credit card, debit card, cheque or BACS. Payments made by credit card are subject to a card fee surcharge. Orders paid for by cheque will be processed as soon as the cheque has cleared. Orders paid for by BACS or CHAPS will be processed when the payment reaches The Company’s account.
7 Claims For Damage In Transit, Shortage In Delivery Or Loss Of Goods
7.1 If Goods are accepted from a carrier without prior checking, or signed for 'unexamined', no claim whatsoever can be accepted by The Company.
7.2 No claim for damage in transit or shortage in delivery will be considered unless immediate notice is given verbally and in writing both to the carrier and to The Company within 24 hours of receipt of the Goods, followed by a more detailed claim within 48 hours of receipt of the Goods. Any Goods in respect of which The Customer makes a claim must be preserved by The Customer intact as delivered and at his/her risk for a period of ten working days from the date of notification in order to enable The Company or its agent to inspect the Goods. No Goods returned to The Company will be accepted without prior written authorisation. A breach of these conditions shall debar The Customer from making any claim.
7.3 The Company will not accept responsibility for any damage incurred resulting from the movement of The Goods into or within The Customers premises. In the event of such a possibility arising, The Customer should seek the advice of The Company.
8 Property And Risk
8.1 Risk in the Goods shall pass to The Customer when the Goods are delivered to or collected by The Customer or its agent.
8.2 Until full payment has been made, The Customer holds the Goods in trust for The Company and is responsible for keeping the Goods separate from any other assets and in a state of good repair.
9 Warranty And Limits Of Liability
9.1 All warranties provided with the goods are operated and controlled by the manufacturer or master UK distributor not The Company and responsibility for these warranties is held with them.
9.2 Warranty terms differ according to The Goods and the manufacturer. Full warranty terms for The Goods will be made available on request.
9.3 The Company will facilitate any warranty claims on behalf of The Customer and should be the first point of contact for any warranty claims.
10 Trade Marks And Patents
10.1 Goods are supplied on condition that if re-sold by The Customer they are sold under the original trademark and brand name and to the same specification. The Customer shall indemnify The Company against all losses, damages, penalties, costs and expenses resulting from any infringements or modifications.
11 Force Majeure
11.1 The Company will not be under any liability whatsoever for non-performance of its obligation, in whole or in part, as a result, directly or indirectly, of any strike, lock out, fire, flood, inability to obtain material, breakdown, delay, war, insurrection, government act or regulation or any other cause (whether or not of a like nature) beyond The Company's control.
12.1 The Company is not under any obligation to accept returns of unwanted or unsuitable goods and will only do so at its absolute discretion. In any event returned Goods will not be accepted unless they are unused and undamaged and in the original packaging. The Goods must be returned complete with all parts, components, accessories and manuals. The Customer will be charged the cost of replacing any missing items or repairing any damage.
12.2 Notification of cancellation must be received by The Company within 7 working days of receipt of the goods. No cancellation can be made after this time.
12.3 The Company reserves the right to implement a re-stocking charge of up to 50% of the price of the Goods if The Customer cancels an order and returns the Goods within this time. The costs of any return must be borne by the customer. If the customer requires a refund of monies due after cancellation (rather than credit to the Customer’s account) then a separate £25 administration charge will be levied to cover the costs of raising the appropriate documentation.
12.2 Under no circumstances can The Customer cancel an order for non-stock or bespoke products as these items are non-returnable.
13. Price match
13.1 The price match product must be a new, identical product of the same make, model, size and colour.
13.2 The price match product must be in stock, available to purchase immediately and offer at least comparable delivery levels and warranty conditions.
13.3 The price must be from a UK-based supplier and be publicly available to all customers. For The Company to verify the price, it needs to be displayed on a website, or be the first price quoted to The Company over the telephone.
13.4 Promotions and temporary price changes can't be matched. The company can't match against third party sellers such as Amazon, Ebay and so forth
13.5 Price match requests cannot be submitted retrospectively. The Customer must request a price match before placing an order
13.6 The company reserves the right to remove this service temporarily or permanently at its discretion.
13.7 The company reserves the right to refuse a price match if it feels it does not represent a like for like comparison.
14 Governing Law
14.1 The terms and conditions of sale shall in all respects be governed and construed in accordance with English Law.