Terms and Conditions

Dishwashing Catalogue

FIRST CHOICE CATERING SPARES LTD 1. Defin itions 1.1 'Buyer’ means the person who accepts a quotation of the Company for the sale of Goods whose order for theGoods is accepted by the company. 1.2 "Company" means First Choice Catering Spares Ltd. 1.3 "Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing between the Company and the Buyer. 1.4 "Contract" means the contract for the purchase and sale of the Goods. 1.5 'Delivery Date" means the date specified by the Company when goods are to be delivered. 1.6 "Goods' means the articles, which the Buyer agrees to buy from the Company. 1 7 "Price" means the price for the Goods, excluding transport, packing and insurance. 1 8 "OEM" means the Original Equipment Manufacturer. 1.9 Any reference in these Conditions to any provision of a statue shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. 2 Basis of Sale 2.1 These conditions shall apply to all contracts for sale of Goods by the Company to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under purchase order, confirmation of order or similar document. 2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these conditions. 2.3 The company operates on a business to business basis and any order placed by an individual is deemed to be a business to business transaction. 2.4 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of the conditions. 2.5 Any variation of the Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Company. 2.6 Any advice or recommendation given by the Company or its employees to the Buyer or its employees or agents, is followed or acted upon entirely at the Buyers own risk, and accordingly the Company shall not be liable unless any such advice or recommendation is confirmed by: 2.6.1 any advice or recommendation as to the identification of a part required for a specified application must be confirmed by the Company with an Enquiry Number, 2.6.2 any advice or recommendation as to the storage, application or use of the Goods must be confirmed in writing by the Company. 2.7 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without liability on the part of the Company. 3 Price and Payment 3.1 The Price shall be the Company's quoted Price which shall be binding on the Company provided that the buyer shall accept the Company's quotation within thirty days. The Price is exclusive of value added tax which shall be additional at the rate ruling on the date of the Company's invoice. 3.2 If a Credit Account has been agreed by the Company payment of the Price and VAT shall be due within 30 days from the end of the month on the invoice unless otherwise agreed in writing with the Company without deduction or set off. Time for payment shall be of the essence. 3.3 The Company reserves the right by giving notice to the Buyer at any time before delivery to increase the Price of the Goods to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, increase in costs from our suppliers, significant increase in the cost of labour, materials or the costs of manufacture) any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer or any delay caused by instructions of the Buyer or failure of the Buyer to give the Company adequate information or instructions. 3.4 If the Buyer fails to make any payment on the due date then without prejudice to any other right or remedy available to the Company it shall be entitled to: 3.4.1 cancel the contract or suspend any further deliveries to the Buyer 3.4.2 appropriate any payment made by the Buyer, or Goods supplied under any other arrangement between theBuyer and the Company, as the Company may think fit (not withstanding purported appropriation by the Buyer) and Terms and Conditions 3.4.3 charge the Buyer interest (both before and after Judgement) of the amount unpaid at the rate of 3% per annum above Lloyds Bank plc base rate, from time to time until the payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest). 4 The Goods 4.1 The quantity, description and any specification for the Goods shall be set out in the Company's quotation or acknowledgement of order or, if accepted by the Company, the Buyer's order. 4.2 Where Original Equipment Manufacturers part numbers are used it is for ease of identification only and does not imply that the items have been purchased from the OEM. 4.3 The Company reserves the right to make any changes to the specification of the Goods which have been deemed necessary by the Original Equipment Manufacturer. 4.4 Where the Buyer orders a universal component it is the responsibility of the Buyer to ensure that the part is fit or the intended purpose and using it will not contravene any regulation or statute. 4.5 The Company is not responsible for the correct installation of the Goods supplied, which must be fitted by a competent person in compliance with any regulation or statute that may apply. 4.6 The Buyer shall be responsible to the Company for ensuring accuracy of the terms of any order submitted by the Buyer and for giving the Company any necessary information relating to the Goods within a sufficient time to enable the Company to perform the Contract in accordance with its terms. 4.7 If the Goods are to be specially manufactured or any process in to be applied to the Goods by the Company in accordance with a specification submitted by the Buyer the Buyer shall indemnify the Company against all loss and damage, costs and expenses awarded against or incurred by the Company in connection with or paid or agreed to be paid by the Company in settlement of any claim for infringement of any patent, copyright design, trade mark or other industrial or intellectual property rights of any other person which results from the Company's use of the Buyer's specification. 4.8 No order which has been accepted by the Company may be cancelled by the Buyer except with the agreement of the Company and on terms that the Buyer shall indemnify the Company in full against all loss (including loss of profit), costs, charges and expenses incurred by the Company as a result of cancellation. 5 Warranties and Liabilities 5.1 The Company warrants that the Goods will at the time of delivery correspond to the description set out in the Company's quotation or acknowledgement of order. 5.1.1 Where the Company provided part information and issued an Enquiry Number the Company warrants that the part will be suitable for the application detailed by the Buyer. 5.1.2 The Buyer shall only be entitled to the benefit of any warranty or guarantee against manufacturing defects as is given by the OEM or supplier to the Company. This is dependent on the policy of the OEM, which may vary between 3 months to 12 months, but often excludes certain items such as glass. 5.2 Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977) all other warranties, conditions or terms whether implied by statute or common law or otherwise are hereby excluded. 5.3 The warranty in clause 5.1 is given by the Company subject to the following conditions: 5.3.1 the Company shall be under no liability in respect of any defect in the Goods arising from incorrect information supplied by the Buyer. 5.3.2 the Company shall be under no liability in respect of any defect from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company instructions (whether oral or in writing) misuse or alteration of the Goods. 5.3.3 The Company shall be under no liability under the above warranty (or any other warranty conditions or guarantee) if the Price and value added tax for the Goods has not been paid by the due date for payment. 5.4 Any claim by the Buyer which is based on the Goods being damaged or missing on arrival must notify the Company (whether or not delivery is refused by the Buyer) within 24 hours of receipt of the damaged Goods. 5.4.1 Any claim by the Buyer which is based on any defect In the quality or condition of the Goods or their failure to correspond with specifications Tel: 01543 577778 Fax: 01543 504141 Email: enquiries@firstchoice-cs.co.uk Web: www.firstchoice-cs.co.uk 873


Dishwashing Catalogue
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