Terms and Conditions

USA Cooking Catalogue

FIRST CHOICE CATERING SPARES LTD 1. Definitions 1.1 'Buyer’ means the person who accepts a quotation of the Company for the sale of the Goods whose order for the Goods is accepted for the Goods 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 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 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. 1.9 The headings on these conditions are for convenience only and shall not affect their interpretation. 2 Basis of Sale 2.1 These conditions shall apply to all contracts for sate of Goods by tine Company to the Buyer to the exclusion of all other terms and conditions including any terms of conditions which the Buyer may purport to apply under purchase order confirmation of order to similar document 2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to the conditions. 2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of the conditions. 2.4 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. 2.5 Any advice or recommendation given by the Company, or its employees or agents to the Buyer or its employees or agents, as to the storage applications or use of the Goods which is not confirmed in writing by the Company, is followed or acted upon entirely at the Buyer own risk, and accordingly the Company shall not be liable for any such advice or recommendation, which is not so confirmed. 2.6 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 Payment of the Price and VAT shall be due within 28 days of the date of 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, 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 fail to make any payment on the due date then without prejudice to any other right or remedy available to the Company 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 such of the Goods (supplied under any other between me Buyer and the Company) as the Company may think fit (not withstanding purported appropriation by the Buyer) and 3.4.3 charge the Buyer interest (both before and after and Judgement of the amount unpaid at the rate of 3% per cent per annum above Lloyds Terms and Conditions Bank plc base rate, from time to time until the payment in full is made (a part of month being treated as a full month for the purpose of calculating interest). 4 The Goods 4.1 The quantity, quality and description of, 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 The Buyer shall be responsible to the Company for ensuring accuracy of the terms of any order (including any applicable specification) 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. 4.3 If the Goods are to be 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 al toss 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. 4.4 The Company reserves the right to make any changes to the specification of the Goods which are required to conform with any applicable statutory EC requirements where the Goods are to be supplied to the Buyer's specification which do not materially affect their quality or performance. 4.5 No order which has been accepted by the Company may be cancelled by the Buyer except with the agreement in writing of the Company and on terms that the Buyer shall indemnity the Company in full against all loss (including loss of profit), costs (including cost of all labour an materials used) damages, 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 given by the company. S.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 lay or otherwise are hereby excluded 5.3 The warranty in clause 501 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 form any drawing, design or specification supplied by the Buyer. 5.3.2 the Company shall be under no liability in respect of any defect form fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company instructions (whether oral or in writing) misuse or alteration or repair of the Goods without the Company approval. 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. 5.3.4 The above warranty does not extend to spares materials and equipment not manufactured by the Company in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company. 5.4 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 shall (whether or not delivery is refused by the Buyer) be notified to the Company within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure, if delivery is not refused and the Buyer does not notify the Company accordingly the Buyer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure and the Buyer shall be bound to pay the Price as if the Goods had been delivered in accordance with the contract. 5.5 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specifications is notified to the Company in accordance with these Conditions the Company shall be entitled to replace the Goods (or the part in question) free of charge or at the Company's sole Tel: 01543 577778 Fax: 01543 504141 Email: enquiries@firstchoice-cs.co.uk Web: www.firstchoice-cs.co.uk 569


USA Cooking Catalogue
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